This document defines various legal terms related to criminal justice. It includes definitions for 54 terms, ranging from abandonment and acquittal to double jeopardy and dying declaration.
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TERMINOLOGIES
This document defines various legal terms related to criminal justice. It includes definitions for 54 terms, ranging from abandonment and acquittal to double jeopardy and dying declaration.
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TERMINOLOGIES IN CRI
Submitted to: John Lester Ravas
Subject Instructor
Submitted by: Oronico, Ada Nicole
Student 17. CERTIFICATION - procedure by which a 1. ABANDONMENT - a parent or guardian leaving certifying body formally recognizes that a body a child without adequate supervision for the or person complies with given qualifications. child's needs for an excessive period. 18. CHAMBERS - a judge's private office. 2. ACQUITTAL - a verdict after a trial that a 19. child abuse - act of commission that is not defendant in a criminal case has not been accidental and that harms or threatens to harm proven guilty beyond reasonable doubt of the a child's physical or mental health or welfare. crime charged. 20. CHILD NEGLECT - failure of a parent or other 3. ACTION - lawsuit brought by one or more person legally responsible for a child's welfare individuals seeking redress for or prevention of to provide for the child's basic needs and a a wrong or protection of a right. proper level of care with respect to food, 4. ACTUS REUS - proof that a criminal act has clothing, shelter, hygiene, medical attention, or occurred. supervision. child neglect is an act of omission. 5. ADJUDICATED - settled in a court of law. 21. CIRCUMSTANTIAL EVIDENCE - that evidence 6. ADJUDICATION - giving or pronouncing a that only suggests an association with a past judgment or decree; also the judgment given. occurrence. any evidence in a case for which decision made by a court or administrative an inference is needed to relate it to the crime. agency with respect to a case. not observed by an eye witness. fact from which 7. ADMINISTRATIVE DOCUMENTATION - another fact can be reasonably inferred. records such as case-related conversations, 22. CLOSING ARGUMENT - also known as final evidence receipts, description of evidence argument, attorney's final statement to the court packaging and seals, and other pertinent summing up the case and the points proven as information. well as those points not proven by opposing 8. ADMISSIBLE - evidence that can be legally counsel. and properly introduced in a civil or criminal 23. COMMON LAW - body of law based on judicial trial. decisions (precedents or customs and usage) 9. BAIL BOND - the obligation signed by the generally derived from justice, reason and accused to secure his/her presence at the trial commonsense rather than legislative which he/she may lose by not properly enactments. appearing for trial. 24. COMPETENCY - possession of characteristics 10. BAILIFF - a court attendant who keeps order in that qualify a witness to observe, recall, and the court room. testify under oath; personal qualification of the 11. BAR - the term means the whole body of witness to give TESTIMONY WHICH DIFFERS lawyers. historically, the partition separating the FROM THE WITNESS ability to tell the truth. general public from the space occupied by the 25. COMPLAINANT - the party who complain or judge's, lawyer's, and other participants in a sues, one who applies to the court for legal trial. redress, also called the plaintiff. 12. BRUTALIZATION - the proposition that the use 26. CONCUR - to agree with the judgment of of capital punishment actually increases the another. when one court concurs with another, crime rate by sending a message that it is it agrees with or follows the precedent set by acceptable to kill those who have wronged us. that court's decision. 13. CAPITAL CRIME - a crime punishable by death 27. CONCURRENT SENTENCE - sentences for 14. CASE LAW - law created as a by-product of a more than one violation that are to be served at court decisions made in resolving unique the same time rather that one after the other. disputes as distinguished from statutory law. 28. CONFESSION - an oral or written statement 15. CAS RECORDS - all notes, reports, custody, acknowledging guilt. records, charts, analytical data, and 29. CONSENT SEARCH - exception to the correspondence generated pertaining to a requirement for a search warrant; written or oral particular case permission is required from a person with 16. CAVEAT - a warning; a note of caution. authority to give it. 30. CONSPIRACY - a combination of two or more person whose purpose is to commit unlawful or criminal act or to commit a lawful act by criminal 44. DEFENDANT - in a civil case, the person being means sued. in a criminal case, the person charged 31. CONTEMPT OF COURT - willful disobedience with a crime. of a judge's command or of an official court 45. DEPOSITION - oral or written testimony under order. oath but outside the court room. 32. CONTINUANCE - court order that postpones 46. DETENTION - temporary confinement of a legal action, such as a court hearing until later person by a public authority. time. 47. DIMINISHED CAPACITY - a variation of the 33. CONVICTION - a judgment of guilt against a insanity defense that is applicable if the criminal defendant. defendant lacks the ability to meaningfully 34. CORPUS DELICTI - the proof that a crime has premeditate the crime. been committed, consisting of two components 48. DIRECT EVIDENCE - proof of facts by 1. that each element of the crime be satisfied 2. witnesses who saw acts done or heard words that someone is responsible for inflicting the spoken as distinguished from circumstantial or injury or loss sustained. indirect evidence. information offered by 35. COURT MARTIAL - military tribunal that has witnesses who testify about their own jurisdiction over offenses against laws of the knowledge of the facts. service in which the member is engaged. 49. DIRECT EXAMINATION - the first questioning military status is not sufficient, the crime must of witnesses by the party in whose behalf they be service connected. are called. 36. COURT ORDER - directive issued by the court, 50. DIRECT QUESTIONS - queries that are and is enforceable as law; written command or phrased in a positive and confident manner, are directive given by the judge. stated clearly and address the topic in a COURT OF APPEALS - a court that hears an forthright manner. appeal after a trial court has made a judgment. 51. DISCOVERY - a pre-trial procedure by which 37. CRIMINAL PROSECUTION - process that one party can obtain vital facts and information begins with the filing of charges against a material to the case to assist in preparation for person who has allegedly violated criminal law the trial. the PURPOSE OF DISCOVERY IS TO and includes the arraignment and trial of the MAKE FOR A FAIR TRIAL and to allow each defendant. criminal prosecution may result in party to know what document and information fine, restitution, imprisonment, or probation. the opponents has in its possession. 38. CROSS-EXAMINATION - the questioning of a 52. DISMISSAL - action by the court that removes witness produced by the other side. the court's jurisdiction over a given case. 39. custody hearing - legal process, usually in 53. DIVERSION - the process of removing some family and juvenile court, to determine who has minor criminal, traffic or juvenile cases from the the right full judicial process on the condition that the 40. DAMAGES - money awarded by a court to a accused undergo some sort of rehabilitation or person injured by the unlawful act or negligence make restitution for damages. diversion may of another person. take place before the trial or its equivalent. 41. DAUBER TEST - a standard for determining 54. DOCKET - a list of cases to be heard by the the reliability of scientific expert testimony in court. court currently adopted by many jurisdictions. 55. DOUBLE JEOPARDY - putting a person on five factors are utilized to assess the scientific trial more than once for the same crime. theory or technique testing of theory, use of 56. DYING DECLARATION - a statement made standards and control, peer review, error rate, just prior to death with the knowledge of and acceptability in the relevant scientific impending death. also called ante-morten community. statement. 42. DECISION - the judgment reached or given by 57. ELEMENT OF A CRIME - specific factors that a court of law. define a crime, every element of which the 43. DEFAULT JUDGMENT - a decision of the court prosecution must prove beyond a reasonable against the defendant because of failure to doubt in order to obtain a conviction. respond to a plaintiff's action. 58. ENTRAPMENT - an act by enforcement when a new scientific test should be admissible agencies that lures an individual into committing as evidence in the court system. a crime not otherwise contemplated for the 71. FRYE TEST - a test emphasizing that the purpose of prosecuting him/her. subject of an expert witness's testimony must 59. EVIDENTIARY STANDARDS - guidelines used conform to a generally accepted explanatory in examining evidence to determine whether it theory. has been legally collected and whether it is 72. gag order - a trial judge's order to attorney's and factual and legally proves or is relevant to the witnesses not to talk to the press about the case being heard. case. 60. EX-PARTE ORDER - an order issued by a 73. GAULT DECISION - land mark u.s. supreme judge on its own. court decision affirming that juveniles are 61. EXCLUSIONARY RULE - the rules that defines entitled to the same due process rights as whether evidence is admissible in a trial. adults the right to counsel, the right to notice of 62. exigent circumstances - exception to the the charges, the right to confront and cross- requirement for a search warrant when there is examine a witness, the right to remain silent, no time to get a warrant and failure to search and the right to subpoena witnesses in defense. will lead to destruction or concealment of 74. HABEAS CORPUS - a writ that commands that evidence, injury to police or others, or escape of a person be brought before a judge .a writ of the suspect. habeas corpus is a legal document that forces 63. EXPERT TESTIMONY - statements given to law enforcement authorities to produce a the court by witnesses with special skills or prisoner they are holding and to legally justify knowledge in some arts, science, profession, or his or her detention. technical area. experts educate the court by 75. HEARING - judicial or legal examination of the assisting it in understanding the evidence or in issues of law and fact between the parties. determining an issue of fact. 76. HEARSAY - a statement made during a trial or 64. EXPERT WITNESS - a legal term used to hearing that is not based on the personal, first describe a witness who by reason of his/her hand knowledge of the witness. statement special technical training or experience is made out of court and offered in court to permitted to express an opinion regarding the support the truth of the facts asserted in the issue or a certain aspect of the issue that is statement. involve in a court action. 77. HEARSAY RULE - the regulation making a 65. EXPUNGE - to strike out, obliterate, or mark for witness's statement inadmissible if it is not deletion from the court record. based on personal knowledge unless it falls 66. EXTRADITION - the process by which one within certain exceptions. state surrenders to another state a person 78. HOLOGRAPHIC DOCUMENT - any document accused or convicted of a crime in the other completely written and signed by one person. a state. holographic may be probated without anyone 67. FELONY - a crime of a graver nature than a having witnessed its execution. misdemeanor, usually punishable by 79. HOSTILE WITNESS - a witness whose imprisonment in a penitentiary for more than a testimony is not favorable to the party who calls year or a substantial fine. him or her as witness. 68. FENCE - a person in the business of buying 80. IMMUNITY - grant by the court in which stolen goods, usually for resale; to buy or sale someone will not face prosecution in return for stolen goods. providing criminal evidence. 69. FRAUD - an intentional misrepresentation or 81. INADMISSIBLE EVIDENCE - the deception employed to deprive another of testimony/evidence that the judge rules as not property or a legal right or to otherwise do them proper and hence instructs its disregard. harm. 82. INCOMPETENCY - lacking the physical, 70. FRYE STANDARD - a set of standards set by intellectual, or moral capacity or qualification to the the court of appeals of the district of perform a required duty. COLUMBIA in 1923 in the U.S in frye vs. the 83. INDETERMINATE SENTENCE - a sentence of united states. the standards in general define imprisonment to a specified minimum and maximum period of time, specifically authorized 98. LITIGATION - a case, controversy, or lawsuit. by statute, subject to termination by a parole 99. MALFEASANCE - the commission of an board or other authorized agency after the unlawful, wrongful act; any wrongful conduct prisoner has served the minimum term. that affects, interrupts, or interferes with the 84. INFRACTION - a violation of law not punishable performance of official duties. by imprisonment. minor traffic offenses are 100. MALPRACTICE - improper or unethical generally considered infractions. conduct by the holder of a professional or 85. INJUNCTION - a preventive measure by which official position. a court orders a party to refrain from doing a 101. MASS MURDER - a murder incident in particular act. a preliminary injunction is granted which several victims are killed simultaneously provisionally until a full hearing can be held to or within a relatively short period of time in the determine if it should be made permanent. same general area. 86. INTERROGATORIES - set of specialized 102. MIRANDA WARNING - requirements that questions sent by one attorney to another police tells a suspect in their custody of his/her concerning requested information of their constitutional right before they questions him. respective clients relevant to the case. result of the MIRANDA vs. ARIZONA ruling. law 87. JUDGEMENT - the final disposition of a case. enforcement procedure. 88. judgement default - default judgment is 103. MISDEMEANOR - criminal offenses rendered because of the defendant's failure to considered less serious than felonies. answer or appear. misdemeanor are generally punishable by fine 89. JUDGEMENT SUMMARY - summary judgment or a limited local jail term in the local jail. is given on the basis of pleadings, affidavits, 104. MISTRIAL - a trial that is terminated before and exhibits presented for the record without its normal conclusion and declared invalid prior any need for a trial. it is used when there is no to judgment. dispute as to the facts of the case and one party 105. MITIGATING CIRCUMSTANCE - factors is entitled to judgement as a matter of law. such as age, mental capacity, motivation, or 90. JUDICIAL REVIEW - authority of a court to duress which lessens the degree of guilt in a review the official actions of other branches of criminal offense and thus the nature of the government, also the authority to declare punishment. unconstitutional the actions of other branches. 106. M'NAGHTEN RULE - the test applied for 91. JURISDICTION - the nature and scope of a the defense of insanity. under this test, an court's authority to hear or decide a case. accused is not criminally responsible if suffering inherent power and authority of a particular from a mental disease or defect at the time of court to hear and determine cases. committing the act and not understanding the 92. JUSTICE - fairness, providing outcomes to nature and quality of the act or that what was each party in line with what they deserve. done was wrong. 93. JUVENILE - characteristic of youth, youth 107. MOOT - is one not subject to a judicial means under 18 years of age. determination because it involves an abstract 94. JUVENILE COURT - a court which decides question or a pretended controversy that has criminal charges brought against children under not yet actually arisen or has already passed. 18 years of age. 108. MOTION - an application for a rule or order, 95. LEADING QUESTION - a question that suggest made to a court or judge. an application to the the answer desired of a witness. a party court requesting an order or a rule in favor of generally may not ask one's own witness the applicant. leading questions, leading questions may be 109. OBJECTION - the process by which one ask only of hostile witnesses and on cross- party takes exception to some statement or examination. procedure. an objection is either sustained or 96. LEGAL CUSTODY - right and responsibility to overruled by the judge. if the judge overrules make the decisions regarding the health, the objection, the witness may answer the education and welfare of a child/person. question. if the judge sustain the objection, the 97. LIABLE - responsible or answerable for some witness may not answer the question. action. 110. OMNIBUS HEARING - hearing held in criminal court to dispose of appropriate issues such as whether evidence is admissible before on what will be presented at the trial and make trial so as to ensure a fair and expeditious trial a final effort to settle the case without trial. and avoid a multiplicity of court appearances. 126. PRIMA FACIE EVIDENCE - evidence that, 111. OPENING STATEMENTS - not part of the in the judgment of the law, is good and evidence, these orations made by the lawyers sufficient to establish a given fact or a chain of on each side gives an overview of the evidence facts making up a party's claim or defense. if that will be presented during the trial. such evidence is unexplained or 112. OPINION - conclusion reported by a witness uncontradicted, it is sufficient to obtain a who qualified as an expert on a given subject. favorable judgment for the issue it supports, 113. ORDER - any written directive of a court or may be contradicted by other evidence. judge other than a judgment. 127. PROBABLE CAUSE - a reasonable ground 114. ORDER TO SHOW CAUSE - order to for suspicion, supported by the circumstances appear in court and present reasons why a sufficiently strong to justify the issuance of a particular order should not be executed. search warrant or to make an arrest. 115. OVERRULE - judge's decision not to allow reasonable ground for believing that a crime an objection. decision by a higher court finding has been committed or that the person that a lower court committed the crime. 116. PARDON - a form of executive clemency 128. PROSECUTOR - a trial lawyer representing removing or extinguishing criminal convictions. the government in a criminal case. 117. PHYSICAL EVIDENCE - any tangible 129. PROTECTIVE CUSTODY - the confinement article that tends to prove or disprove a point in or guardianship of an individual by law question. enforcement with the objective of preventing an 118. PLAIN VIEW - an exception to the assault or other crimes against him/her. requirement for a search warrant, when there is 130. PUBLIC DEFENDER - (ex.pao ) an evidence of a crime in plain view by a person government lawyer who provides free legal who sees it lawfully. defense services to a poor person accused of 119. PLAINTIFF - the complaining party in crime. litigation. 131. PUTATIVE FATHER - a man accused but 120. PLEA - in a criminal proceeding, it is the not proven to be the biological father of an defendant's declaration in open court that he or offspring. she is guilty or not guilty. the defendant's 132. QUID PRO QUO - something for something, answer to the charges made in the information. as in making a deal (ex.plea bargaining) 121. PLEA BARGAINING - the process through 133. rape - sexual intercourse between a man which an accused person and a prosecutor and a woman without the women's consent. negotiate a mutually satisfactory disposition of a 134. REASONABLE DOUBT - doubt that arises case. from evidence or lack thereof and would be 122. PRELIMINARY HEARING - in criminal law, entertained by a reasonable or prudent person. the hearing at which a judge determines reasonable doubt requires acquittal. whether there is sufficient evidence against a 135. REASONABLE SUSPICION - a term person charged with a crime to warrant holding referring to police officer's justification for him or her for trial. stopping and frisking a person. a mere hunch is 123. PREPONDERANCE OF EVIDENCE - the not a reasonable suspicion. standard for a judgment in a civil suit, the 136. REBUTTAL - the presentation of evidence evidence for one side outweighs that of the to counter or disprove facts previously other even a slight margin. introduced by the adverse party. 124. PRESUMPTION - an inference resulting 137. RECESS - an adjournment of a trial or a from a rule of law or the proven existence of a hearing that is temporary and occurs after the fact that requires such rule or action to be commencement of the trial. if there is going to established in the action. be a substantial delay, it is called continuance. 125. PRE-TRIAL CONFERENCE - a meeting a temporary dismissal is called sine die. between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree 138. RECORD - document that furnishes 151. STATUTE OF LIMITATION - the time within objective evidence of activities performed or which a lawsuit must be brought ot the time results achieved. within which evidence must be analyzed. 139. RE CROSS - to cross-examine a witness a 152. STIPULATION - an agreement by both second time after redirect examination. sides of a case about some aspect of a lawsuit 140. RE-DIRECT EXAMINATION - opportunity or criminal trial. to present rebuttal evidence after one's 153. SUBPOENA - a written command evidence has been subjected to cross- summoning a specific individual to appear in examination. court under penalty for failure to do so. 141. REDIRECT QUESTIONING - questioning 154. SUBPOENA DUCES TECUM - a court by the original attorney that follows the order commanding a witness to bring certain opposing counsel's cross-examination. documents or records to court. 142. RELEASE ON RECOGNIZANCE - a court 155. SUBROGATION - substituting one creditor order releasing a defendant from custody on the for another. defendant's written promise to appear in court 156. SUMMARY JUDGMENT - decision made when the defendant's case is scheduled for by a trial court based on written documentation hearing, trial or other proceeding .a defendant submitted before any trials occur. who is released on recognizance is not required 157. SUMMONS - a notice to the defendant that to deposit money or other property with the he/she has been sued and is required to appear court in order to be released. in court. 143. RES GESTAE - all of the things done or 158. SUPPRESSION HEARING - a hearing words spoken in the course of the transaction or before a judge, in which one of the attorney's event; a record of what was said or done in the argues that certain evidence should not be first moments of an investigation. admitted at trial. 144. REST - a party is said have rest its case 159. TEMPORARY RESTRAINING ORDER - when it has presented all of the evidence in (tro) a judge's order forbidding certain actions intends to offer. until a full hearing can be heard. 145. ROBBERY - felonious taking of another's 160. TESTIMONY - evidence given by a witness property from his person or immediate presence under oath. does not include evidence from and against his will by means of force or fear. documents and other physical evidence. 146. RULES OF EVIDENCE - standards 161. TRIAL - judicial examination and governing whether evidence in a civil or criminal determination of issues of law and fact disputed case is admissible. by parties to lawsuit. 147. SEARCH AND SEIZURE - the body of law 162. TRIAL COURT - local court that initially that covers the issue of examining a persons hears all cases in dispute. property with the intention of finding evidence 163. VALIDATION - confirmation by examination not in plain view (search) and taking possession and provision of objective evidence that the of that property against the will of its owner or particular requirements for a specific intended possessor (seizure) use are fulfilled. 148. SENTENCE - a court's determination of the 164. VENUE - synonymous with the place of trial. punishment to be inflicted on a person 165. WANTON - characterized by reckless convicted of a crime. disregard of consequences and the safety and 149. SENTENCING - last stage of criminal welfare of others. prosecution in which a convicted defendant is 166. WARRANT - a court order authorizing law imprisoned, fined, ordered to pay restitution, or enforcement officers to make an arrest or granted a conditional release from custody. conduct a search. 150. SEQUESTRATION OF WITNESSES - also 167. WARRANT OF ARREST - an order issued called separation of witnesses, prevents a by judge for the arrest of a person. witness from being influenced by the testimony 168. WITNESS - one who testifies to what of a prior witness. he/she has seen, heard, or otherwise experienced. 169. WRIT - a mandatory precept issued by an obscene or pornographic materials, or to sell or authority in the name of the sovereign or the distribute said materials. state for the purpose of compelling a person to 182. CHILD PORNOGRAPHY - any visual do something. depiction of actual or simulated sexual conduct 170. ARSON - malicious burning to destroy by an individual under the age of 18 or property. lascivious exhibition of the pubic area of such 171. ASSAULT - the threat or use of force on an individual. courts have held that such another that causes that person to have a material may be banned even if it is not legally reasonable apprehension of imminent harmful obscene and does not involve nudity. or offensive contact. 183. CHILD PROCUREMENT - the act of 172. AGGRAVATED ASSAULT - criminal arranging or instigating a meeting with a child assault accompanied by circumstances that for the purpose of having sexual relations. make it more severe, such as the use of a 184. COUNTERFEITING - the forging, copying, deadly weapon, the intent to commit another or imitating of something (usually money) crime, or the intent to cause serious bodily without a right to do so and with the purpose of harm. deceiving or defrauding. 173. ASSAULT AND BATTERY - assault in 185. CYBERCRIME - crimes committed conjunction with actual battery. electronic all 174. ASSAULT WITH A DEADLY WEAPON - 186. CYBERSQUATTING - the act of reserving a an aggravated assault in which the defendant, domain name on the internet, especially a name controlling a deadly weapon, threatens the that would be associated with a company’s victim with death or serious bodily injury. trademark, and then seeking to profit by selling 175. ASSAULT WITH INTENT: - any of several or licensing the name to the company that has assaults that are carried out with an additional an interest in being identified with it. criminal purpose in mind, such as assault with 187. CYBERSTALKING - the act of threatening, intent to murder, assault with intent to rob, harassing, or annoying someone through assault with intent to rape, and assault with multiple email messages, as through the intent to inflict great bodily injury. internet, especially with the intent of placing the 176. ATTEMPTED ASSAULT - an attempt to recipient in fear that an illegal act or an injury commit an assault. will be inflicted on the recipient or a member of 177. SEXUAL ASSAULT - sexual intercourse the recipient’s family or household. with another person without that person’s 188. CYBERTHEFT - the act of using an online consent. 2. offensive sexual contact with computer service, such as one on the internet, another person, exclusive of rape. to steal someone else’s property or to interfere 178. BATTERY - the application of force to with someone else’s use and enjoyment of another, resulting in harmful or offensive property. contact. 189. EMAIL INTERCEPTION - the act of 179. BRIBERY - the corrupt payment, receipt, or reading, storing, or intercepting email intended solicitation of a private favor for official action. for another person without that person’s 180. CHILD ENTICEMENT - attempting to permission. entice, lure, tempt, or persuade any child to 190. TELEMARKETING FRAUD - telemarketing enter, leave, or stay in any building, vehicle, or fraud is a term that refers generally to any place if such act is done with the use of force or scheme to deprive victims dishonestly of money with the intent to commit rape, indecent assault, or property or to misrepresent the values of battery, dissemination of material harmful to goods or services. children, unnatural and lascivious acts, indecent 191. DRUG CRIMES - the definitions below exposure, or other sexual offenses. encompass both drugs and drug paraphernalia. 181. CHILD EXPLOITATION - the hiring, 192. CULTIVATION - the growing of organic employment, persuasion, inducement, or drugs or their precursors, e.g. marijuana, coca, coercion of child to perform in obscene opium poppies, etc. exhibitions and incident shows, whether live, on 193. DISTRIBUTION - the act selling or trading video or film, or to pose or act as a model in drugs. 194. MANUFACTURING - includes the creation 211. CREDIT CARD FRAUD: examples of credit of synthetic drugs and the act of isolating drug card fraud include: illegal counterfeiting of credit compounds from organic sources. cards, the use of lost or stolen credit cards, and 195. POSSESSION: having drugs or drug obtaining credit cards fraudulently through the paraphernalia on one’s person. mail. 196. 212. CRIMINAL FRAUD: the willful evasion of 197. POSSESSION FOR SALE: the possession taxes accomplished by filing a fraudulent tax of drugs in quantities sufficient for resale. return. 198. PRESCRIPTION FRAUD: the act of 213. EXTRINSIC FRAUD: deception that is obtaining prescription (legal) drugs through collateral to the issues being considered in the forged or stolen prescriptions. case; intentional misrepresentation or deceptive 199. TRAFFICKING: the act of transferring drugs behavior outside the transaction itself, depriving from one location to another, usually on behalf one party of informed consent or full of a second party. participation. 200. EMBEZZLEMENT: the illegal transfer of 214. INSURANCE FRAUD: fraud committed money or property that, although possessed against an insurer, as when an insured lies on a legally by the embezzler, is diverted to the policy application or fabricates a claim. embezzler personally by his or her fraudulent 215. INTRINSIC FRAUD: deception that pertains action. to an issue involved in an original action. o 201. EXPUNGEMENT: the legal procedure for examples include the use of fabricated sealing a record of an arrest and/or criminal evidence, a false return of service, perjured conviction from public view. testimony, and false receipts or other 202. EXTORTION: obtaining money or property commercial documents. by threat to a victim’s property or loved ones, 216. INVESTMENT FRAUD: this form of fraud intimidation, or false claim of a right (such as occurs when an adviser, stockbroker, or pretending to be an irs agent). brokerage firm offers investors biased, 203. FAILURE TO REGISTER: failure to register unfounded, or contradictory investment advice as a sex offender. out of a conflict of interest. 204. FORGERY: the act of fraudulently making a 217. MAIL FRAUD: an act of fraud using the u.s. false document or altering a real one to be used postal service, as in making false as if genuine. representations through the mail to obtain an 205. FRAUD: a knowing misrepresentation of the economic advantage. truth or concealment of a material fact to induce 218. PROMISSORY FRAUD: a promise to another to act to his or her detriment. perform made when the promiser had no 206. ACTUAL FRAUD: a concealment or false intention of performing the promise. representation through a statement or conduct 219. SECURITIES FRAUD: the crime of that injures another who relies on it in acting. knowingly making any materially misleading 207. BANK FRAUD: the criminal offense of statement, or failing to disclose a material fact, knowingly executing, or attempting to execute, in connection with the purchase or sale of a a scheme or artifice to defraud a financial security. institution, or to obtain property owned by or 220. WIRE FRAUD: an act of fraud using under the control of a financial institution, by electronic communications, as by making false means of false or fraudulent pretenses, representations on the telephone to obtain representation, or promises. money. 208. BANKRUPTCY FRAUD: the act of filing a 221. HATE CRIMES: a hate crime, generally, false bankruptcy claim. refers to a crime committed not out of animosity 209. CIVIL FRAUD: an intentional-but not willful- toward a victim as an individual, but out of evasion of taxes. hostility toward the group to which the victim 210. CONSTRUCTIVE FRAUD: unintentional belongs. deception or misrepresentation that causes 222. HOMICIDE: the killing of one person by injury to another. another. this is the generic legal term for killing a person, whether lawfully or unlawfully. unlawful homicide comprises the two crimes of 239. ADVERSE POSSESSION Acquiring murder and manslaughter. ownership of real property by uninterruptedly 223. CRIMINAL HOMICIDE: homicide prohibited occupying or possessing it for a statutorily and punishable by law, such as murder or prescribed period of time. manslaughter. 240. AFFIANT The person who makes and signs 224. EXCUSABLE HOMICIDE: homicide an affidavit. resulting from a person’s lawful act, committed 241. AFFIDAVIT A written statement confirmed without intention to harm another. by oath or affirmation. 225. JUSTIFIABLE HOMICIDE: the killing of 242. AFFIRMATION A solemn and formal another in self-defense when faced with the declaration or assertion that the witness will tell danger of death or serious bodily injury. (same the truth, that an affidavit is true, etc.; given in as excusable homicide) place of an oath. 226. NEGLIGENT HOMICIDE: homicide 243. A FORTIORI Latin: “With greater force.” resulting from the careless performance of a 244. AGENT One authorized to act on behalf of legal or illegal act in which the danger of death a particular entity or person. is apparent; the killing of a human being by 245. AID AND BET One who incites, criminal negligence. encourages, or counsels another in the 227. RECKLESS HOMICIDE: the unlawful killing commission of a crime. of another person with conscious indifference 246. ALIAS Latin: “Otherwise.” A name other toward that person’s life. than a person’s legal name. 228. VEHICULAR HOMICIDE: the killing of 247. ALIAS SUMMONS Process issued when another person by one’s unlawful or negligent the original summons has not been effective; operation of a motor vehicle. super cedes the original. 229. INDECENT EXPOSURE: an offensive 248. ALIBI Latin: “Elsewhere.” A defense that display of one’s own body in public, especially places the defendant elsewhere at the time of of the genitals. the crime. persons deliberately making material 230. MAYHEM: dismemberment or permanent false or misleading statements while under disfigurement. oath. 231. MANSLAUGHTER: the unlawful killing of a 249. PROSTITUTION: the crime of engaging in human being without malice aforethought. sexual intercourse or other sexual activity for 232. Murder: The killing of a human being with hire. malice aforethought. 250. RAPE - unlawful sexual activity with a 233. DEPRAVED-HEART MURDER: a murder person without consent and usually by force or resulting from an act so reckless and careless threat of injury. of the safety of others that it demonstrates the 251. DATE RAPE: rape committed by someone perpetrator’s complete lack of regard for human known to the victim, especially by the victim’s life. social companion. 234. FELONY MURDER: murder that occurs 252. MARITAL RAPE: a husband’s sexual during the commission of a felony. intercourse with his wife by force or without her 235. FIRST-DEGREE MURDER: murder that is consent. willful, deliberate, or premeditated, or that is 253. STATUTORY RAPE: unlawful sexual committed during the course of another serious intercourse with a person under the age of felony (often limited to rape, kidnapping, consent, regardless of whether it is against that robbery, burglary, or arson). all murder person’s will. perpetrated by poisoning or by lying in wait is 254. SEXUAL OFFENSE: general term used to considered first-degree murder. describe a crime of a sexual nature. 236. SECOND-DEGREE MURDER: murder that 255. TAX EVASION - the willful attempt to defeat is not aggravated by any of the circumstances or circumvent the tax law in order to illegally of first-degree murder. reduce one’s tax liability. 237. PERJURY: the act or an instance of a 256. TAX FRAUD - the crime of intentionally 238. ADVERSARY A party opponent in a civil filing a false tax return or making other false action. statements under penalties of perjury to taxing 277. APPELLANT One who appeals a decision authorities. or judgment to a higher court 257. THEFT BY DECEPTION: the use of 278. APROPOS Pertinent to time, place or deception to obtain another’s property. occasion. 258. THEFT BY FALSE PRETEXT: the use of a 279. ARGUENDO Latin: “For the sake of false pretext to obtain another’s property. argument.” 280. ARRAIGNMENT Procedure whereby a 259. THEFT OF SERVICES: the act of obtaining criminal defendant comes before the court to services from another by deception, threat, hear the charge and to enter a plea. coercion, stealth, mechanical tampering, or 281. ARREST Taking into custody a person using a false token or device. to answer accusations of criminal conduct. 260. ADMINISTRATOR, -TRIX - One who 282. ARREST WARRANT A writ issued administers a decedent’s estate. by a judge, based upon probable cause, to a 261. ADMISSION Confession, concession or law enforcement officer to take into custody the voluntary acknowledgment made by a party person named in it. about certain facts, documents, exhibits, etc. 283. ASSAULT 1. Civil. An intentional and 262. ADOPTION Legal process granting unlawful attempt or threat, either by words or parental status to a party for the purpose of acts, to inflict injury upon another. 2. Criminal. rearing a child whose natural parents are Simple and aggravated assault are defined deceased, unfit or unwilling to do so. under Miss. Code Ann. Section 97-3-7. 263. ADULT One who has reached the legal age 284. ASSIGNEE One to whom an assignment of majority. is made. 264. AD VALOREM TAX A tax or duty upon the 285. EN BANC A case heard by the full court. value of the article or thing subject to taxation. 286. ENJOIN To issue an order that 265. ALIENATION OF AFFECTION A tort requires or prohibits certain conduct. claiming that one has intentionally and 287. ENLARGEMENT An order for cause wrongfully interfered in another’s marriage. shown enlarging the period of time an act is 266. ALIMONY A sum of money which a required or allowed to be done. court orders one spouse to pay the separated 288. EJUSDEM GENERIS Latin: “Of the same or former spouse for support, aid and kind.” maintenance. 289. ELECTRONICDISCOVERY 267. ALIMONY PENDENTE LITE A temporary (EDISCOVERY) Discovery of data and support order to maintain the status quo during information stored electronically. the course of divorce proceedings. Such is now 290. ELECTRONIC FILING (E-FILING) referred to as temporary alimony. Documents filed in an electronic format. 268. ALLEGATIONA formal assertion set out in 291. ELECTRONIC MAIL (E-MAIL) a pleading. Electronic communications conveyed to an 269. AMENDMENT TO CONFORM TO THE addressee by means of a computer or like EVIDENCE An amendment of the pleadings to device. conform to the evidence presented at trial. 292. EX CONTRACTU Latin: “From a 270. AMICUS CURIAE Latin: “A friend of the contract.” Rights and claims arising from a court.” contract. 271. ANNOTATIONS Summaries of cases 293. EXCULPATORY Tending to clear or interpreting constitutional or statutory excuse from fault or guilt. provisions. 294. EX DELICTO Latin: “From a wrong.” 272. ANNULMENT A court order declaring that a Rights and claims arising from a tort. marriage, contract, or other agreement is void. 295. EX OFFICIO Latin: “By virtue of the office.” 273. ANSWER A legal pleading in which the 296. EXONERATE To relieve of liability; to defendant responds to the plaintiff’s claims. excuse. 274. ANTE Latin: “Before.” 297. EX PARTE Latin: “By one side.” 275. ANTENUPTIAL AGREEMENT See, Proceeding in which only one party is being PRENUPTIAL AGREEMENT. heard. 276. APPEAL Procedures allowing a higher 298. EXPERT TESTIMONY Testimony relating court to review alleged errors committed at the scientific, technical, or other specialized trial court level. knowledge by one qualified to do so. 299. EX POST FACTO Latin: “After the fact.” 300. EXPUNGE To erase, as authorized by 326. GRANTOR One who makes a grant. law, information contained in a record. 327. GRATUITOUS Without valuable or 301. FILING FEES Fees paid to the clerk of the legal consideration. court upon initiating a civil action. 328. GRAVAMEN The principle or most 302. FILING OF JUDGMENT Delivery of the important part of a complaint or argument. judgment to the clerk for filing into the official 329. GROSS 1. Total amount, e.g., gross record. earnings. 2. Flagrant or shameful. 303. FINE A monetary punishment or penalty. 330. IBIDEM (IB., IBID.) Latin: “In the same 304. FINIS Latin: “The end.” place.” 305. FLAGRANTE DELICTO Latin: “While 331. IDEM (ID.) Latin: “The same.” the offense is blazing.” Caught in the act of 332. ID EST (I.E.) Latin: “That is.” committing the offense. 333. IN CAMERA Latin: “In chambers.” A 306. FORECLOSURE To shut out; a judicial act done outside the presence of the termination of the borrower’s rights in property public or jury. covered by a mortgage. 334. INCARCERATION Confinement to a jail 307. FOREIGN CORPORATION A corporation or prison. created under the laws of another state, 335. IN CURIA Latin; “In the court.” government or country. 336. INDICTMENT Formal charge of a felony 308. FORGERY To falsely make or materially returned by a grand jury. alter a document with intent to defraud. 337. INDIGENT Poor; without funds. 309. FORUM A place where issues are 338. IN ESSE Latin; “In being.” litigated and resolved; a jurisdiction; a court. 339. IN EXTREMIS Latin: “In the extreme.” One 310. FRAUD Knowingly misrepresenting a who is near death and with no hope of recovery. material fact to induce another to detrimentally 340. INFAMOUS CRIME An offense act upon it in the manner reasonably punishable by death or confinement in the contemplated. penitentiary; a felony. 311. FRONTAGE That portion of real property 341. IN FORMA PAUPERIS Latin: “In the abutting a street or road. manner of a pauper.” One who for reasons of 312. FUGITIVE One who flees from justice poverty is relieved from paying fees and costs upon being charged with a criminal offense. of a lawsuit or appeal. Compare, ESCAPEE. 342. INFRA Latin: “Below.” Compare, SUPRA. 313. FUGITIVE WARRANT A warrant for 343. INHERITANCE Property received by the arrest of one who has fled to another state will or by law from someone who has died. to avoid prosecution. 344. IN HOC Latin: “In this.” In this 314. GARNISHEE One upon who a writ of respect. garnishment is 345. INJUNCTION An order issued by a court 315. served. that requires someone to do or not to do 316. GARNISHMENT Statutory process of something. enforcing a judgment 346. IN LIMINE Latin: “At the threshold.” A 317. by attaching monies or property owed to the motion in li mine seeks a ruling at the beginning defendant, such as employment wages. of a trial to exclude the use of certain evidence. 318. GENERAL VERDICT A verdict requiring no 347. IN LOCO PARENTIS Latin: “In place of the special form. parent. 319. GIFT A voluntary transfer of property. 348. IN PARI DELICTO Latin: “In equal fault.” 320. GIFT CAUSA MORTIS A gift made in 349. IN PERSONAM Latin: “Against the prospect of imminent death. person.” The power of a court to hear claims 321. GOOD FAITH Honest and trustworthy for or against a particular person. Compare, IN action. REM. 322. GOVERNMENT ALIMMUNITExemption 350. IN POSSE Latin: “In possible existence.” from civil liability of a governmental entity 351. INQUEST A legal inquiry into the absent its consent. circumstances of the death of a human being; 323. GRANT To agree to; to make a generally held before a court of law or an official concession; to legally empowered to hold such inquiries. 324. convey, especially real property. 352. IN RE Latin: “In the matter of.” 325. GRANTEE One to whom a grant is made. 353. IN REM Latin: “Against the thing.” 380. KILL To terminate a life. Compare, The power of a court to hear claims involving a MURDER. particular 381. LAND PATENT A governmental 354. thing or property. Compare, IN conveyance of public land to a private PERSONAM. individual. 355. IN SITU Latin: “In place.” In its 382. LAWSUIT A case or controversy original site or place. brought before a court. 356. INSOLVENCYThe condition of being 383. LEAD COUNSEL The lawyer who is unable to pay one’s debts. principally in charge of a case. 357. INTELLECTUAL PROPERTY Property 384. LEGACY A disposition of personal originating from human intellect and the property by will. property rights obtained therein, such as 385. LEGAL Of or relating to the law. copyright, patent, and trademark. 386. LEGATEE One who receives personal 358. INTENTIONAL INFLICTION OF property under a will. EMOTIONAL DISTRESS A tort claiming that 387. LESSEE Someone who leases or one has intentionally acted in an extreme and rents property, real or personal, from another. outrageous way and has caused another to Compare, TENANT. have emotional distress. 388. LESSOR One whose property, real or 359. INTER ALIA Latin; “Among other things.” personal, is 360. INTER ALIOS Latin: “Among other 389. rented or leased to another. Compare, persons.” LANDLORD. 361. INTERLOCUTORY Provisional; 390. LETTERS OF ADMINISTRATION A temporary; not final. formal document issued by the chancery 362. INTERNET The computer network of 391. court authorizing one to act as the federal and nonfederal interoperable packet administrator of a decedent’s estate. switched data networks. 392. LETTERS OF CONSERVATORSHIP 363. INTERPLEADER Procedure that A formal document issued by the chancery permits a stakeholder of money. court authorizing one to act as the conservator 364. INTER VIVOS Latin: “Between the living.” of an estate. From one living person to another. 393. LETTERS OF GUARDIANSHIP A formal 365. INTESTATE Without a will. document issued by the chancery court 366. IN TOTO Latin: “In the whole.” authorizing one to act as the guardian of a Entirely. minor or specified ward of the court. 367. INVITEE, BUSINESS One who enters and 394. LETTERS ROGATORY Procedure to obtain remains on a business’s property by express or testimony from a witness residing in a foreign implied invitation of the business owner. jurisdiction. 368. IPSO FACTO Latin: “By the fact itself.” 395. LETTERS TESTAMENTARY A formal 369. IPSO JURE Latin: “By the law itself.” document issued by the chancery court 370. ISSUANCE Sending out orders or papers authorizing one to act as the executor of a relating to the business of the court. decedent’s estate. 371. JUDICIAL SALE A court ordered sale. 396. LEVY 1. To impose a tax. 2. Legal 372. JURAT Clause written at the bottom process of satisfying a judgment by the seizure of an affidavit stating when, where and before and sale of property. whom the affidavit was sworn. 397. LEX Latin: “The law.” 373. JURISDICTION The power of the 398. LEX LOCI Latin: “The law of the place.” court to hear and decide a particular matter. The local law or custom. 374. JUROR A member of a jury. 399. LIBEL A written defamatory statement. 375. JURY COMMISSIONER An official Compare, DEFAMATION. responsible for selecting potential jurors. 400. LICENSEE One who enters and remains 376. JURY INSTRUCTIONS Instruction given to on another’s property for one’s own benefit, with the jury of the law pertaining to the case. the owner’s consent or permission. 377. JURY PANEL See, PANEL. 401. LIEN A claim against property to secure a 378. KICKBACK Remuneration in return for debt or other obligation. unlawfully soliciting business. 402. LIENHOLDEROne holding a claim against 379. KIDNAPPING To seize or inveigle forcibly property to secure a debt or other obligation. with intent to confine or imprison. 403. LIFE ESTATE An estate in which the 424. MITTIMUS Latin: “We send.” A writ to duration is limited to a specified person’s commit an offender to prison or to direct the lifetime, usually the possessor. Compare, transfer of records from one court to another. PERAUTREVIE. 425. MODUS OPERANDI (M.O.) Latin: “Manner 404. LIMITATION OF ACTIONS A time limit set of operation.” by law within which certain legal actions must 426. MOOT A legal controversy rendered be brought. pointless because of a subsequent event; a 405. LINEUP A police identification procedure in theoretical or hypothetical issue. which the suspect is presented alongside others 427. MORTGAGEE One to whom the obligation of similar general appearance and stature. on a mortgage or deed of trust is owed. Compare, SHOWUP. 428. MORTGAGOR The maker of a 406. LIS PENDENS Latin: “A pending lawsuit.” mortgage or a deed of trust; the one who owes A notice of lis pendens is filed of record to warn the obligation on a mortgage. the public that certain property is involved in 429. MOTION A formal application to the court litigation. seeking an order or relief. 407. LITIGANT A party in a civil action. 430. MOTION DAY A day designated by a court 408. LITIGATION The lawsuit process. to hear motions. 409. LIVESTOCK Animals, such as cattle and 431. MOTION FOR JUDGMENT ON THE swine, produced for profit. PLEADINGS A request for judgment based 410. LUCID INTERVAL A temporary restoration solely on the face of the pleadings. of sanity. 432. MOTION FOR MORE DEFINITE 411. MAGISTRATE An informal term STATEMENT A request that a vague or describing one authorized by law to perform ambiguous pleading to which a response is judicial functions. permitted be made more definite and specific. 412. MAKE A RECORD To preserve for 433. MOTION FOR ORDER COMPELLING appellate review an argument or proof. DISCOVERY A request that the court force an 413. MALFEASANCE An act by a public opposing party to cooperate in discovery. official that is positively wrong or unlawful. 434. MOTION FOR RELIEF FROM JUDGMENT Compare, MISFEASANCE, NONFEASANCE. OR ORDER A request to correct clerical 414. MALICE Intentionally acting wrongfully mistakes in judgments or orders, or to seek without having a valid reason or excuse. relief from a final judgment, order or proceeding 415. MALICE AFORETHOUGHT Deliberate from errors such as fraud, newly discovered design. evidence, misrepresentation, etc. 416. MALICIOUS MISCHIEF When one 435. MOTION FOR SECURITY OF COSTS intentionally and maliciously damages or A request by the clerk or a party which, if destroys another’s property. granted, requires the plaintiff to deposit monies 417. MANUFACTURE OF A CONTROLLED with the court to be used to pay the costs of the SUBSTANCE To unlawfully produce or prepare action if the plaintiff should not prevail. a controlled substance. 436. NE EXEAT Latin: “Let him not go out.” A 418. MENS REA Latin; “Guilty knowledge.” writ prohibiting a particular person from leaving With criminal intent. the jurisdiction of the court. 419. METADATA Literally, data about data; 437. NEGLIGENCE A failure to act as a information about the data sought and its type. reasonably prudent person would act under 420. MINUTE BOOK An official record of all similar circumstances. significant court proceedings kept by the clerk. 438. NEGLIGENCE, GROSS Negligence of a 421. MISDEMEANOR A criminal offense degree so great that it shows a reckless punishable by a maximum possible sentence of disregard for the safety or rights of others. confinement for one year or less, a fine, or both. 439. NEGLIGENCE PER SE Negligence as a Compare, FELONY. matter of law. 422. MISFEASANCE Performing a legal duty in 440. NEXT FRIEND An adult who, in the a wrongful manner. Compare, absence of an appointed guardian, sues on MALFEASANCE, NONFEASANCE. behalf of an infant or incompetent person. 423. MISJOINDER The improper joining of a 441. NIL Latin: “Nothing.” A thing of no value. party in an action. 442. NO FAULT A method of resolving disputes without considering the issue of fault. 443. NOMINAL DAMAGES A small and trivial 469. PAROL EVIDENCE RULE An evidentiary sum awarded for a rule which forbids the introduction of oral 444. technical injury due to a violation of some evidence to modify the terms of a written legal right. contract. 445. NONADJUDICATIONWithholding 470. PARTITION The court supervised division adjudication of guilt of an of real or personal property. 446. eligible defendant pursuant the statutory 471. PARTY WALL A wall constructed on a requirements. property line. 447. NON COMPOS MENTIS (N.C.M.) Latin: 472. PATERNITY SUIT A court proceeding to “Not of sound mind.” prove the father of an illegitimate child. 448. NONFEASANCE Failing to perform a legal 473. PAUPER’S OATH An affidavit seeking a duty. waiver of costs and security for reasons of 449. NON-JOINDER Failure to join a party poverty. needed for a just adjudication. 474. PENDENTE LITE Latin: “While the action is 450. NON SEQUITUR Latin: “It does not follow.” pending.” An unwarranted or illogical conclusion. 475. PER AUTRE VIE For or during a period 451. NONSUIT A plaintiff’s voluntary dismissal of measured by another’s life. a lawsuit prior to an adjudication on the merits. 476. PER CURIAM Latin: “By the court.” A per 452. OATH A sworn pledge, e.g., an oath to tell curiam opinion is one that speaks in unison for the truth prior to giving testimony. all members of the court. 453. OBJECTION Protocol for requesting the 477. PERJURY To deliberately make false trial court to rule on the admissibility of a statements under oath. particular question, statement, or exhibit. 478. QUAERE Latin: “A query.” Questions; 454. OFFENDER One charged or convicted of doubt. a crime under the laws of the State. 479. QUALIFIED IMMUNITY Exemption from 455. OFFENSE A violation of a criminal law. civil liability for public officials acting within the 456. OFFER OF JUDGMENT A formal offer to course and scope of their employment. take an adverse judgment conditioned upon 480. QUANTUM Quantity; amount. certain specified terms. 481. QUASH To annul or make void. 457. OPEN PLEA A plea in which the State 482. QUID PRO QUO Latin: “One thing for does not make any recommendation regarding another.” A fair exchange. sentencing. 483. QUIET AND CONFIRM TITLE Decree 458. ORDER A formal command of a court, validating the title to real property. usually in writing. 484. QUITCLAIM DEED A deed that conveys, 459. ORDINANCE A municipal law. without warranty, whatever title, interest, or 460. ORE TENUS Latin: “By word of mouth.” claim the grantor may have in the described Orally. real property. Compare, SPECIAL WARRANTY 461. OUTRAGEOUS CONDUCT Conduct which DEED. exceeds all possible bounds of decency. 485. QUO WARRANTO Latin: “By what 462. PAR Latin; “Equal.” authority.” A statutory mechanism for trying, 463. PARITY An equitable term denoting equality among other things, a person’s right to political in amount, status or character. office. 464. PARAMOUR A lover to whom one is not 486. REAL PROPERTY, REALTY Land and married. generally anything affixed to land or erected 465. PARAPHERNALIA 1. Personal upon it. belongings. 2. Any type of equipment or 487. REASONABLE SUSPICION A accessory utilized for illicit drug use. particularized and objective basis for suspecting 466. PARENS PATRIA Latin: “Parent of the criminal activity sufficient to justify an country.” Doctrine that refers to a State’s investigatory stop. sovereign power to act in protecting its more 488. RECEIVER One appointed by the court vulnerable citizens, such as children or to take and manage the property or money incompetent adults. which is the subject matter of litigation. 467. PARISH In Louisiana, the equivalent of 489. RECESS A short break ordered by the court what in Mississippi would be a county. during the course of the trial. 468. PAROLE The conditional release of a 490. REMAINDER A future interest in a life prisoner. estate or estate for years. 491. REMAND To send back for further action spouse and any children during a period of consistent with the accompanied directives or separation. instructions, e.g., a remand for new trial. 515. SEQUESTRATION 1. The isolation of the 492. REMITTITUR Latin: “It is sent back.” A jury or witnesses during a trial. 2. Authorized court order reducing the amount of damages seizure of property pertinent to a lawsuit to awarded by the jury. prevent its removal, concealment, or transfer. 493. REPLEVIN An action brought to recover 516. SERVICE OF PROCESS The delivery of possession of goods unlawfully taken. a summons, subpoena, etc., by an authorized 494. REPORTS Published judicial cases person; official notification of a legal action or arranged according proceeding. 495. to jurisdiction, court, period of time, subject 517. SET-OFF See, COUNTERCLAIM. matter or case significance. 518. SETTLEMENT An agreement that resolves 496. RES Latin; “A thing.” The thing over the claims and issues between the parties. which a court exercises in rem jurisdiction. 519. SETTLEMENT, STRUCTURED An 497. RESCIND To abrogate, annul, or cancel, agreement where one agrees to pay sums of especially as to contracts. money to another over a specified period of 498. RESIDENCE The place where one time. presently lives. Compare, DOMICILE. 520. SHOW CAUSE Procedure that affords a 499. RES IPSA LOQUITUR Latin: “The thing person the opportunity to give a satisfactory speaks for itself.” reason why the court should not make final a 500. RES JUDICATA Latin: “A thing particular judgment, e.g. a show cause hearing adjudicated.” A doctrine that precludes parties on a judgment nisi. from relitigating the same controversy. 521. SHOWUP A police identification procedure 501. RESPONDEAT SUPERIOR Latin: “Let the in which the suspect is presented alone. master answer.” A doctrine holding employers Compare, liable for the negligence of its employees. LINEUP. 502. RESPONDENT The party against whom a 522. SINE DIE Latin: “Without date.” petition is filed. 523. SINE QUA NON Latin: “That without which 503. RETAINER FEE An advanced payment to the thing cannot be.” An indispensable thing or an attorney for legal representation. condition. 504. RETURN Documentation delivered to the 524. SITUS Latin: “Place.” court showing execution of process. 525. SLANDER A spoken defamatory statement. 505. REVIEW To carefully consider a legal or Compare, DEFAMATION. factual issue. 526. SOCIAL GUEST One who goes onto and 506. RULE AGAINST PERPETUITIES A remains on another’s property at the property common law rule that invalidates interests in owner’s invitation to enjoy hospitality or an real estate that vest too remotely in time. event. 507. RULE OF SEQUESTRATION (THE RULE) 527. SOCIAL MEDIA Formats for users to The practice of excluding witnesses from the communicate electronically. courtroom prior to the time for them to testify. 528. SOFTWARE Computer programs such as 508. SANCTION A judicial disciplinary action. operating systems and applications. 509. SCIENTER Latin: “Knowingly.” 529. SOLICITOR An English legal practitioner. 510. SCIRE FACIAS Latin: “Cause it to be Compare, BARRISTER. known.” A writ requiring the surety to show 530. SPECIAL COMMISSIONER A non-lawyer cause why a judgment nisi should not be made appointed by the court to conduct a judicially final. ordered sale or partition of real or personal 511. SEARCH WARRANT An order issued by a property. judge upon probable cause directing an officer 531. SPECIAL VENIRE The list of jurors to search a specified place for a specified thing. summoned for a capital case. 512. SELF DEFENSE Justifiably protecting 532. SPECIAL VERDICT A verdict requiring a oneself or others against an assault. special written finding upon each issue of fact. 513. SENTENCE Punishment imposed by the 533. SPECIFIC PERFORMANCE An equitable court upon a criminal defendant who has been remedy for a breach of contract compelling the convicted. performance of the terms of the contract. 514. SEPARATE MAINTENANCE Decree granting an allowance for the support of the 534. STATUS OFFENSE Conduct subject to 557. UNLAWFUL ENTRY AND DETAINER A adjudication by the youth court that would not summary remedy to rightfully restore be a crime if committed by an adult. possession of real property. 535. STATUS QUO Latin: “The situation that 558. UNSUPERVISED PROBATION A currently exists.” conditional suspension of a prison sentence 536. STATUTE A law enacted by the legislature under the supervision of the judge. or Congress. 559. USURY A higher rate of interest charged on 537. STATUTE OF FRAUDS Statutory loans or accounts than allowed by law. requirement that certain contracts be in writing 560. VACATION The period between terms of and signed, e.g., the sale of lands. court. 538. STATUTE OF LIMITATIONS See, 561. VENDEE A purchaser. LIMITATION OF ACTIONS. 562. VENDOR A seller. 539. STAY The halting of a judicial process by 563. VENIRE Technically, a writ summoning court order. persons to court to serve as jurors; commonly 540. SUA SPONTE Latin: “Of one’s own will.” used to refer to the entire group of jurors Without prompting or suggestion; voluntarily. summoned. 541. SUB JUDICE Latin: “Under judicial 564. VENIRE, SPECIAL See, SPECIAL consideration.” VENIRE. 542. SUBROGATION One’s right to sue on the 565. VENIREMEN Members of a panel of jurors. claim of another. 566. VENUE The particular geographical area, 543. SUBSCRIPTION Signature on a legal such as a county, in which a court with document. jurisdiction may hear and determine a case. 544. SUI GENERIS Latin: “Of its own kind.” See also, CHANGE OF VENUE; TRANSFER 545. SUI JURIS Latin: “Of one’s own right.” OF VENUE. Full legal capacity. 567. VERDICT A formal decision or finding by a 546. TALESMAN A bystander summoned by jury. See also, GENERAL VERDICT; SPECIAL the court for jury service. VERDICT. 547. TAX TITLE Tittle to land purchased at a tax 568. VOID Of no legally binding effect. sale. 569. VOIDABLE Capable of being declared void. 548. TENANCY IN COMMON Co-ownership 570. ZONING A municipal action which defines of property by two or more persons without the or restricts the acceptable use of real property. right of survivorship. Compare, JOINT 571. BARRISTER An English trial lawyer. TENANCY. Compare, SOLICITOR. 549. TENANT One who rents property from 572. BASTARD An illegitimate person; one born another. out of wedlock. 550. TENANT AT WILL One who rents 573. BENCH WARRANT Process issued by the property from another without a fixed term. court itself for the arrest of someone. 551. TENDER A monetary offer, usually to settle 574. BEQUEATH To give personal property to a claim. another by a will. 552. TERMINATION OF PARENTAL RIGHTS 575. BEQUEST A gift of personal property by a Procedure, as set forth in the “Mississippi will; a legacy. Termination of Parental Rights Law,” for the 576. BEYOND A REASONABLE DOUBT Proof termination of all parental rights regarding a to the exclusion of every reasonable hypothesis child. except that of guilt. 553. TERM OF COURT Time during which the 577. CASE LAW: Law derived from a collection court legally conducts business. Compare, of reported cases within a certain area of law in VACATION. a given jurisdiction. 554. TESTAMENTARY Pertaining to a will. 578. CONDITIONAL DISCHARGE: A disposition 555. ULTRA VIRES Latin: “Beyond the power.” in criminal cases where the defendant must Transcending legal power or authority, satisfy certain court-ordered conditions instead especially if by an officer of a corporation. of a prison term. 556. UNDUE INFLUENCE Exerting 579. CONTINUANCE: A delay or postponement influence or control over another to the extent of of a court case to another date. destroying free agency or voluntary consent. 580. CONVICTION: The act or process of finding someone guilty of a crime. 581. COUNT: Each separate offense listed in a 599. CLERK: In charge of recording court criminal complaint or an indictment accusing a proceedings and keeping the court records. person of committing a crime. 600. CODICIL: An amendment to an existing will. 582. CRIME: A violation of a Connecticut or Does not mean that the will is totally changed; federal criminal law. just to the extent of the codicil. 583. DEFENDANT: A person who is arrested 601. COHABITATION AGREEMENT: Also and charged with a crime. called a living-together contract. A document 584. DISMISSAL: A judge’s decision to end the that defines the terms of a relationship and case, without convicting or acquitting the defendant. often addresses financial issues and how 585. DISPOSITION: The manner in which a case property will be divided if the relationship ends. is settled or resolved. 602. COLLATERAL: Property that has been 586. DOCKET: A list of cases scheduled to be committed to guarantee a loan. heard in court on a specific date. 603. COLLATERAL DESCENDANT: A 587. DOCKET NUMBER: A unique number that descendant that is not direct, such as a niece or the court clerk assigns to each case. a cousin. 588. ENFORCE: To compel or force obedience 604. COLLUSION: A secret agreement between to a law, rule, or order. two or more persons, who seem to have 589. EVIDENCE: Testimony, documents, and conflicting interests, to abuse the law or the objects used to prove a fact in a case. legal system, deceive a court or to defraud a third party. 590. CIRCUIT: Judicial divisions of a state or the 605. CRIMINAL JUSTICE SYSTEM: The United States; originally so called because judges traveled from place to place within the network of courts and tribunals which deal with circuit, holding court in various locations. criminal law and its enforcement. 591. CIRCUMSTANTIAL EVIDENCE: Evidence 606. CRIMINAL LAW: That body of the law that that may allow a judge or jury to deduce a deals conduct considered so harmful to society certain fact from other facts that have been as a whole that it is prohibited by statute, proven. prosecuted and punished by the government. 592. CITATION: An order of a court to either do 607. CROSS CLAIM: A claim by co-defendants a certain thing or to appear before it to answer or co-plaintiffs against each other and not charges. against persons on the opposite side of the 593. CITATOR: Publication used to trace the lawsuit. history and validity of a legal case by a 608. Cross Examination: The questioning of a tabulation of some kind. witness produced by the other side. 594. CIVIL: The branch of law that pertains to 609. Cumulative Sentences: Sentences for two suits outside of criminal practice, pertaining to or more crimes to run consecutively, rather than the rights and duties of persons in contract, tort, concurrently. etc.; also refers to civil law as opposed to 610. Custodian: Under the Uniform Transfers to common law. Minors Act, the person appointed to manage 595. CIVIL ACTION: An action brought to and dispense funds for a child without enforce or protect private rights. constricting court supervision and accounting 596. CIVIL LAW: Law inspired by old Roman requirements. law, the primary feature of which was that laws 611. Custody: Means the charge and control of were written into a collection; codified, and not a child including the right to make all major determined, as is common law, by judges. decisions such as education, religious 597. CLASSIFICATION: Homestead, non-profit, upbringing, training, health and welfare. agriculture, etc., see also exemptions. Custody, without qualification usually refers to a 598. CLEAR AND CONVINCING EVIDENCE: combination of physical custody and legal The level of proof sometimes required in a civil custody. case for the plaintiff to prevail. Is more than a 612. Custody Order: An order entered by the preponderance of the evidence but less than court which states which parent the child(ren) beyond a reasonable doubt. will live with. 613. Joint Custody: Both parents share 630. Incarceration: Imprisonment in a jail or important decisions about their child(ren). penitentiary. 614. Sole Custody: One parent is responsible 631. Incompetent: One who lacks the ability, for important decisions regarding the child(ren) legal qualification or fitness to manage his or living with them. her own affairs. 615. Custodial Parent: Person with legal 632. N-custody arraignments: Arrests and filed custody and with whom the child lives. cases going to court in which there has not 616. Non-Custodial Parent: Parent who does been a release on bond or by other means. (In not have primary custody of a child but who is jail cases). responsible for financial support. 633. Indeterminate Sentence: A sentence of 617. Primary Residential Parent: In a joint imprisonment to a specified minimum or custody agreement a term which indicates the maximum period of time, specifically authorized parent with whom the child(ren) reside the by statute, subject to termination by a parole majority of the time. board or other authorized agency after the 618. Damages: Money awarded by a court to a prisoner has served the minimum term. person injured by the unlawful act or negligence 634. Indictment: A formal charging document of another person. issued by a grand jury to the court, that the 619. Debtor: A person who owes money, goods named person committed a specific offense. or services to another, the latter being referred 635. Indigent: Lacking in funds; poor. to as the creditor. 636. In Forma Pauperis: This means “in the 620. Decision: The judgment rendered by a manner of a pauper.” It refers to permission court after a consideration of the facts and legal given to a person to sue without payment of issues before it. court fees because of poverty. 621. Hung Jury: A jury that is unable to reach a 637. Information: An accusatory document filed verdict. in the court by a prosecutor, without indictment, 622. Immunity: Grant by the court, which charging a named individual with a crime. assures someone will not face prosecution in 638. Intentional Tort: Wrong perpetrated by one return for providing criminal evidence. who intends to break the law. 623. Impairment: When a person’s faculties are 639. Interlocutory: Temporary, provisional or diminished so that his or her ability to see, hear, interim. Not final. walk, talk and judge distances is below the 640. Inter Vivos Gift: A gift made during the normal level as set by the state. giver’s life. 624. Impeachment: A criminal proceeding 641. Inter Vivos Trust: Another name for living against a public official. trust. 625. Impeachment of a Witness: An attack on 642. Interlocutory Order: Temporary order the credibility (believability) of a witness, issued during the course of litigation. Typically, through evidence introduced for that purpose. cannot be appealed because it is not final. 626. Implied Consent Laws (Express 643. Probable cause: Reasonable belief that a Consent): Laws adopted by all states that crime was committed and that the named apply to testing for alcohol in the blood, breath person committed the crime. or urine. 644. Probate: The court-supervised process by 627. Inadmissible: That which, under the rules which is determined to be the will-maker’s final of evidence, cannot be admitted or received as statement regarding how the will maker wants evidence. his/her property distribute. 628. In Camera: In chambers, or in private. A 645. Probation: Suspension of sentence with or hearing in camera takes place in the judge’s without adjudication and placing the defendant office (chambers) outside of the presence of the under supervision of the Department of jury and the public. Corrections for a specified period of time and 629. Incapacity: Lack of legal ability to act; possible conditions. disability; incompetence; lack of adequate 646. Promisee: An individual to whom a promise power. is made. 647. Promisor: An individual who makes a 665. Restraining Order: A court order for one promise. individual to stay away from another. 648. Promissory Estoppel: A promise which 666. Retainer: Refers to up from payment a estops the promise from asserting or taking client gives a lawyer to accept a case. The certain action. client is paying to “retain” the lawyer’s services. 649. .Prosecutor: A trial lawyer representing the 667. Reversible error: A procedural or government in a criminal case and the interests substantive error during a trial or hearing of the state in civil matters. In criminal cases, sufficiently harmful to justify reversing the the prosecutor has the responsibility of deciding judgment of a lower court. who and when to prosecute. 668. Right Against Self-Incrimination: Granted 650. Proximate Cause: The last negligent act by the Fifth Amendment, allows a person to which contributes to an injury when he or she refuse to answer questions that would subject had a duty to act. him or her to accusation of a criminal act. 651. Public Defender: A court-appointed 669. R/O: Abbreviation for “responding officer,” attorney for those defendants who are declared a term used in police case reporting. indigent. 670. Robbery: Taking another person’s property 652. Public Law: The law such as traffic away from him or her with violent force or by ordinances or zoning ordinances which applies instilling fear. This is a felony. to the public. 671. Roll Call: The first half hour of a watch, 653. Punitive Damages: Money award given to reserved for attendance, inspection, briefings punish the defendant or wrongdoer. and trainings. 654. Putative: Alleged, supposed or reputed. 672. Rules of Evidence: Standards governing 655. Quash: To nullify, void or declare invalid. whether evidence in civil or criminal case is 656. Quid Pro Quo: Latin phrase meaning admissible. “what for what or something for something.” 673. Seal: To make a document with a seal; to The concept of getting something of value in authenticate or make binding by affixing a seal. return for giving something of value. (Compare 674. Search Warrant: A written order issued by this with Sexual Harassment, Quid Pro Quo.) a judge that directs a law enforcement officer to 657. Rank: Sworn ranks are typically as follows search a specific area for a specific piece of 658. Superintendent of Police: Is a rank in evidence. Indian police forces held by an officer who 675. Second Appearance: The County Court serves as the head of a police district primarily appearance after initial proceedings in which in rural areas. the state files an information or the defendant is 659. First Deputy Superintendent: Who discharged. reports directly to the superintendent of police. 676. Secondary Authority: Sources which He is the one who is responsible for field explain or describe the “law.” Examples include operations, including the protection of life and encyclopedias and law journal articles. property; and enforcement of traffic laws and 677. Sector: A series of geographic divisions ordinances. within a police district, comprising of various 660. Deputy Superintendent: State of police beats. officers who belong to the provincial police 678. Secured Signature Bond: A signature forces, either direct entrants at that rank or bond secured by mortgage or real property. promoted from inspector. 679. Valid Claim: A grievance that can be 661. Res Judicata: The thing has been resolved by legal action. decided. 680. Venire: A writ summoning persons to court 662. Respondent: The party who receives any to act as jurors, also refers to the people document requesting action by the court. summoned for jury duty. 663. Rest: A party is said to rest or rest its case 681. Venue: The proper geographical area when it has presented all the evidence it intends (county, city, or district) in which a court with to offer. jurisdiction over the subject matter may hear a 664. Restitution: Act giving the equivalent for case. any loss, damage or injury. 682. Verdict: The findings of a judge or jury at 698. .Witness: A person who testifies to what the end of a trial. he/she has seen, heard, or otherwise 683. Vested Right: An absolute right. When a experienced. Also, a person who observes the retirement plan is fully vested, the employee signing of a will and is competent to testify that has an absolute right to the entire amount of it is the will-maker’s intended last will and money in the account. testament. 684. Vicarious Liability: When one person is 699. .Writ: A judicial order directing a person to liable for the negligent actions of another do something. person, even though the first person was not 700. Writ of Execution: A routine court order by directly responsible for the injury. which the court attempts to enforce the 685. Victim: Someone who suffers harmed or judgment that has been granted a plaintiff by loss, or is killed by another. authorizing a sheriff to levy on the property 686. Victim Witness: Someone who has belonging to the judgment debtor, which is suffered loss or harm and then testifies in court located within the county. to that account. 701. Youth: A person under the age of 18, also 687. VIN: Abbreviation for “vehicle identification referred to a juvenile or minor. number.” 702. Trafficking: Any person who knowingly 688. Visitation: The amount of time established sells, purchases, manufactures, delivers, or by the court that the child(ren) spend with the brings into this state, or who is knowingly in non-custodial parent of grandparent. accrual or constructive possession of illegal 689. Visitation Services: A unit of the Family drugs (ex: cannabis, cocaine, heroin, Support Center’s Expedited Services program methamphetamine, etc.) that helps the court in enforcing 703. Testimony: The evidence given by a custody/visitation orders when parental witness under oath. It does not include cooperation is lacking. evidence from documents and other physical 690. Voir Dire: A French phrase, meaning “to evidence. speak the truth.” The examination of a jury 704. Suppress: To forbid the use of evidence at panel by the judge, defense counsel and the a trial because it is improper or was improperly state attorney. obtained. 691. Wage Execution: Also known as 705. Subpoena: A command to a witness to garnishment. A court order to withhold money appear and give testimony. from the defendant to be applied to a debt owed 706. Standard Poof: Indicates the degree to to the plaintiff or victim. which the point must be proven. 692. .Waived Fees: Court fees, which are not 707. Sentence: The punishment ordered be a required to be paid because of the financial court for a defendant convicted of a crime. condition of the party. 708. Mistrial: A trial which is invalid because of 693. Warrant: Most commonly, a court order some fundamental’s errors in procedure, authorizing law enforcement officers to make an wrongdoing or a hung jury. A judge can set the arrest or conduct a search. An affidavit seeking case for a new trial or retrial at a future date. a warrant must establish probable cause by 709. Misdemeanor: A crime, less serious than a detailing the facts upon which the request is felony, and punishable by jail time. based. 710. Miranda Warning/ Miranda Rights: By law 694. Watch: A police shift (a day is generally (Miranda V. Arizona ruling by the United States split into three watches). Supreme Court), anyone being questioned by 695. Watch Commander: A lieutenant or authorities must first receive a ‘Miranda captain who directs all police activities within a Warning’. district during a specific watch. 711. Material Evidence: Evidence which is 696. Will: A legal declaration that disposes of a relevant to the issues in a case. person’s property when that person dies. 712. Leniency: Recommendation for a sentence 697. Withhold Adjudication: The judge less than the maximum allowed. withholds a judgment of guilt. 713. Jury Nullification: The acquitting of a defendant by a jury in disregard of the judge’s instruction and contrary to the jury’s findings of 730. . Acquittal: A legal judgement, based on fact. the decision to either a jury or a judge, that an 714. Judgement/ Sentence: The official accused is not guilty of the crime for which he document of a judge’s disposition (decision) of or she has been charged or tried. a case and sentence of a defendant. 731. Admissible Evidence: The evidence that a 715. Jail: Are often run by sheriff and/or local trial judge or jury may consider, because the governments are designed to hold individuals rules of evidence deem it reliable. awaiting trial or serving short sentences (364 732. Admission: Confession of a charge, an days or less). error, or a crime; acknowledgement. 716. Interrogation: Questioning, usually by the 733. Aggravated Assault: An attempt to cause police of a suspect in custody. serios bodily injury to another or purposely, 717. Endictment: A formal written accusation knowingly or recklessly causing such injury, or made by a grant jury and filed in court, alleging an attempt to cause or purposely or knowingly that a specific person has committed a specific cause bodily injury to another with a deadly crime. weapon. 718. Incarceration: Is when person is confined 734. Aggravated Battery: The unlawful use of to a jail or prison. force against another with unusual or serious 719. Inadmissible: That which, under the rules consequences such as the use of a dangerous of evidence, cannot be admitted or received as weapon. evidence. 735. Allegation: A claim or statement of what a 720. Impeach: To impeach a witness is to party intends to prove; the facts as one party introduce evidence intended to contradict claims they are. testimony or to question his credibility. 736. Appeal: A request made by the defense or 721. Immunity: Grant by the court, which state that the case be reviewed by a court of assures someone will not face prosecution in appeal. return for providing criminal evidence. 737. Arraignment: The appearance of the 722. House Arrest: house Arrest (home defendant in court to enter his or her plea to the confinement), home detention, electronic charges. monitoring), is when a person is confined by 738. . Assault: Threat to inflict injury with an authorities to his or her residence. apparent ability to do so. 723. Homicide: The killing of one human being 739. Bail/Bond: The money or property given to by another human being. The term applies to all the court as security when an accused person such killings, criminal and non-criminal. is released before and during a trial with the 724. Hearing: This is a legal proceeding (not a agreement that the defendant will return to court trial) held before a judge or administrative body. when ordered to do so. 725. Grand Jury: A body of persons with the 740. Bench Trial: trial without a jury in which a authority to investigate ad accuse, but not to try judge decides the facts. Also known as court cases. trial. 726. Forensic Studies: This term refers to 741. Warrant: an order issued by a judge for the methods used to examine firearms, documents, arrest of a person this is also known as a polygraph results, DNA, medical information, “capias”. accounting and other information. 742. Best Evidence Rule: A rule of evidence that 727. Accessory: Someone who intentionally demands that the original o any document, helps another person to commit a felony. An photograph or recording be used as evidence at accessory is usually not physically present trial, rather than a copy. during the crime. 743. Beyond a Reasonable Doubt: The burden 728. Accomplice: Someone who helps another of proof that the prosecution must carry in a person (known as the principal) commit a crime. criminal trial to obtain a guilty verdict. Accomplice is usually present when the crime is 744. Booking: Part of the process of being committed. arrested in which the details of who a person is 729. . Accused: A person or persons formally and why he or she was arrested are recorded in charged but not yet tried for a crime. police records. 745. Brief: a written argument by counsel arguing 763. RULE AGAINST PERPETUITIES A a cade, which contains a summary of the facts common law rule that invalidates interests in of the case, pertinent laws, and an argument of real estate that vest too remotely in time. how the law applies to the fact situation. 764. RULE OF SEQUESTRATION (THE RULE) 746. Cause of Action: One or more related The practice of excluding witnesses from the charges combined and made against a courtroom prior to the time for them to testify. 765. SANCTION A judicial disciplinary action. defendant for wrongs committed. 766. SCIENTER Latin: “Knowingly.” 747. Change of Venue: A change in the location 767. SCIRE FACIAS Latin: “Cause it to be of a trial, usually granted to avoid prejudice known.” A writ requiring the surety to show against one of the parties. cause why a judgment nisi should not be made 748. Charge: A formal accusation or indictment final. filed by the prosecutor’s office that a specific 768. SEARCH WARRANT An order issued by a person has committed a specific crime. judge upon probable cause directing an officer 749. Circumstantial Evidence: All evidence to search a specified place for a specified thing. except eyewitness testimony. One example is 769. SELF DEFENSE Justifiably protecting physical evidence, such as fingerprints, from oneself or others against an assault. which an inference can be drawn. 770. SENTENCE Punishment imposed by the 750. Coercion: The use of physical force or court upon a criminal defendant who has been threats to compel someone to commit an act convicted. 771. SEPARATE MAINTENANCE Decree against their will. granting an allowance for the support of the 751. . Concurrent Sentence: Sentences for spouse and any children during a period of different offenses (crime) that run together or separation. are served at the same time. 772. SEQUESTRATION 1. The isolation of the 752. Consecutive Sentence: Sentences that are jury or witnesses during a trial. 2. Authorized successive and are served one after another. seizure of property pertinent to a lawsuit to 753. Corroborating Evidence: Supplementary prevent its removal, concealment, or transfer. evidence that tends to strengthen or confirm the 773. SERVICE OF PROCESS The delivery of initial evidence. a summons, subpoena, etc., by an authorized 754. Criminal Summons: An order commanding person; official notification of a legal action or an accused to appear in court. proceeding. 755. Cross-Examination: The questioning of a 774. SET-OFF See, COUNTERCLAIM. 775. SETTLEMENT An agreement that resolves witness produced by the other side. the claims and issues between the parties. 756. .Custody: Detaining of a person by lawful 776. SETTLEMENT, STRUCTURED An process or authority to assure his or her agreement where one agrees to pay sums of appearance to any hearing; the jailing or money to another over a specified period of imprisonment of a person convicted of a crime. time. 757. Deferred Sentence: Postponement or delay 777. SHOW CAUSE Procedure that affords a of a sentence to a future date. person the opportunity to give a satisfactory 758. Disclosure: The making known of a fact reason why the court should not make final a that had previously been hidden. particular judgment, e.g. a show cause hearing 759. Discovery: The pretrial devices that can be on a judgment nisi. used by one party to obtain acts and 778. SHOWUP A police identification procedure information about the case from the other party in which the suspect is presented alone. in order to assist the party’s preparation for trial. Compare, LINEUP. 760. Dismissal: The termination of formal 779. SINE DIE Latin: “Without date.” charges. 780. SINE QUA NON Latin: “That without which 761. Embezzlement: The fraudulent the thing cannot be.” An indispensable thing or appropriation by a person to his own use or condition. benefit or property or money entrusted to him 781. SITUS Latin: “Place.” by another. 782. SLANDER A spoken defamatory statement. 762. REVIEW To carefully consider a legal or Compare, DEFAMATION. factual issue. 783. SOCIAL GUEST One who goes onto and 807. contemplated. remains on another’s property at the property 808. FRONTAGE That portion of real property owner’s invitation to enjoy hospitality or an abutting a street or road. event. 809. FUGITIVE One who flees from justice 784. SOCIAL MEDIA Formats for users to upon being charged with a criminal offense. communicate electronically. Compare, ESCAPEE. 785. SOFTWARE Computer programs such as 810. FUGITIVE WARRANT A warrant for operating systems and applications. the arrest of one who has fled to another state 786. SOLICITOR An English legal practitioner. to avoid prosecution. Compare, BARRISTER. 811. GARNISHEE One upon who a writ of 787. SPECIAL COMMISSIONER A non-lawyer garnishment is appointed by the court to conduct a judicially 812. served. ordered sale or partition of real or personal 813. GARNISHMENT Statutory process of property. enforcing a judgment 788. SPECIAL VENIRE The list of jurors 814. by attaching monies or property owed to the summoned for a capital case. defendant, such as employment wages. 789. SPECIAL VERDICT A verdict requiring a 815. GENERAL VERDICT A verdict requiring no special written finding upon each issue of fact. special form. 790. SPECIFIC PERFORMANCE An equitable 816. GIFT A voluntary transfer of property. remedy for a breach of contract compelling the 817. GIFT CAUSA MORTIS A gift made in performance of the terms of the contract. prospect of imminent death. 791. STATUS OFFENSE Conduct subject to 818. GOOD FAITH Honest and trustworthy adjudication by the youth court that would not action. be a crime if committed by an adult. 819. GOVERNMENT ALIMMUNITExemption 792. STATUS QUO Latin: “The situation that from civil liability of a governmental entity currently exists.” absent its consent. 793. STATUTE A law enacted by the legislature 820. GRANT To agree to; to make a or Congress. concession; to 794. STATUTE OF FRAUDS Statutory 821. convey, especially real property. requirement that certain contracts be in writing 822. GRANTEE One to whom a grant is and signed, e.g., the sale of lands. made. 795. STATUTE OF LIMITATIONS See, 823. GRANTOR One who makes a grant. LIMITATION OF ACTIONS. 824. GRATUITOUS Without valuable or 796. STAY The halting of a judicial process by legal consideration. court order. 825. GRAVAMEN The principle or most 797. SUA SPONTE Latin: “Of one’s own will.” important part of a complaint or argument. Without prompting or suggestion; voluntarily. 826. GROSS 1. Total amount, e.g., gross 798. SUB JUDICE Latin: “Under judicial earnings. 2. Flagrant or shameful. consideration.” 827. IBIDEM (IB., IBID.) Latin: “In the same 799. SUBROGATION One’s right to sue on the place.” claim of another. 828. IDEM (ID.) Latin: “The same.” 800. SUBSCRIPTION Signature on a legal 829. ID EST (I.E.) Latin: “That is.” document. 830. IN CAMERA Latin: “In chambers.” A 801. SUI GENERIS Latin: “Of its own kind.” judicial act done outside the presence of the 802. SUI JURIS Latin: “Of one’s own right.” public or jury. Full legal capacity. 831. INCARCERATION Confinement to a jail 803. TALESMAN A bystander summoned by or prison. the court for jury service. 832. IN CURIA Latin; “In the court.” 804. TAX TITLE Tittle to land purchased at a tax 833. INDICTMENT Formal charge of a felony sale. returned by a grand jury. 805. TENANCY IN COMMON Co-ownership 834. INDIGENT Poor; without funds. of property by two or more persons without the 835. IN ESSE Latin; “In being.” right of survivorship. Compare, JOINT 836. IN EXTREMIS Latin: “In the extreme.” One TENANCY. who is near death and with no hope of recovery. 806. TENANT One who rents property from another. 837. INFAMOUS CRIME An offense 859. INTERNET The computer network of punishable by death or confinement in the federal and nonfederal interoperable packet penitentiary; a felony. switched data networks. 838. IN FORMA PAUPERIS Latin: “In the 860. INTERPLEADER Procedure that manner of a pauper.” One who for reasons of permits a stakeholder of money. poverty is relieved from paying fees and costs 861. SUMMARY JUDGMENT - decision made of a lawsuit or appeal. by a trial court based on written documentation 839. INFRA Latin: “Below.” Compare, SUPRA. submitted before any trials occur. 840. INHERITANCE Property received by 862. SUMMONS - a notice to the defendant that will or by law from someone who has died. he/she has been sued and is required to appear 841. IN HOC Latin: “In this.” In this in court. respect. 863. SUPPRESSION HEARING - a hearing 842. INJUNCTION An order issued by a court before a judge, in which one of the attorney's that requires someone to do or not to do something. argues that certain evidence should not be 843. IN LIMINE Latin: “At the threshold.” A admitted at trial. motion in li mine seeks a ruling at the beginning 864. TEMPORARY RESTRAINING ORDER - of a trial to exclude the use of certain evidence. (tro) a judge's order forbidding certain actions 844. IN LOCO PARENTIS Latin: “In place of the until a full hearing can be heard. parent. 865. TESTIMONY - evidence given by a witness 845. IN PARI DELICTO Latin: “In equal fault.” under oath. does not include evidence from 846. IN PERSONAM Latin: “Against the documents and other physical evidence. person.” The power of a court to hear claims 866. TRIAL - judicial examination and for or against a particular person. Compare, IN determination of issues of law and fact disputed REM. by parties to lawsuit. 847. IN POSSE Latin: “In possible existence.” 867. TRIAL COURT - local court that initially 848. INQUEST A legal inquiry into the circumstances of the death of a human being; hears all cases in dispute. generally held before a court of law or an official 868. VALIDATION - confirmation by examination legally empowered to hold such inquiries. and provision of objective evidence that the 849. IN RE Latin: “In the matter of.” particular requirements for a specific intended 850. IN REM Latin: “Against the thing.” use are fulfilled. The power of a court to hear claims involving a 869. VENUE - synonymous with the place of trial. particular 870. WANTON - characterized by reckless 851. thing or property. Compare, IN disregard of consequences and the safety and PERSONAM. welfare of others. 852. IN SITU Latin: “In place.” In its 871. WARRANT - a court order authorizing law original site or place. enforcement officers to make an arrest or 853. INSOLVENCYThe condition of being conduct a search. unable to pay one’s debts. 872. WARRANT OF ARREST - an order issued 854. INTELLECTUAL PROPERTY Property originating from human intellect and the by judge for the arrest of a person. property rights obtained therein, such as 873. WITNESS - one who testifies to what copyright, patent, and trademark. he/she has seen, heard, or otherwise 855. INTENTIONAL INFLICTION OF experienced. EMOTIONAL DISTRESS A tort claiming that 874. WRIT - a mandatory precept issued by an one has intentionally acted in an extreme and authority in the name of the sovereign or the outrageous way and has caused another to state for the purpose of compelling a person to have emotional distress. do something. 856. INTER ALIA Latin; “Among other things.” 875. ARSON - malicious burning to destroy 857. INTER ALIOS Latin: “Among other property. persons.” 876. ASSAULT - the threat or use of force on 858. INTERLOCUTORY Provisional; another that causes that person to have a temporary; not final. reasonable apprehension of imminent harmful or offensive contact. 877. AGGRAVATED ASSAULT - criminal 888. CHILD PROCUREMENT - the act of assault accompanied by circumstances that arranging or instigating a meeting with a child make it more severe, such as the use of a for the purpose of having sexual relations. deadly weapon, the intent to commit another 889. COUNTERFEITING - the forging, copying, crime, or the intent to cause serious bodily or imitating of something (usually money) harm. without a right to do so and with the purpose of 878. ASSAULT AND BATTERY - assault in deceiving or defrauding. conjunction with actual battery. 890. CYBERCRIME - crimes committed 879. ASSAULT WITH A DEADLY WEAPON - electronic all an aggravated assault in which the defendant, 891. CYBERSQUATTING - the act of reserving a controlling a deadly weapon, threatens the domain name on the internet, especially a name victim with death or serious bodily injury. that would be associated with a company’s 880. ASSAULT WITH INTENT: - any of several trademark, and then seeking to profit by selling assaults that are carried out with an additional or licensing the name to the company that has criminal purpose in mind, such as assault with an interest in being identified with it. intent to murder, assault with intent to rob, 892. CYBERSTALKING - the act of threatening, assault with intent to rape, and assault with harassing, or annoying someone through intent to inflict great bodily injury. multiple email messages, as through the 881. ATTEMPTED ASSAULT - an attempt to internet, especially with the intent of placing the commit an assault. recipient in fear that an illegal act or an injury 882. SEXUAL ASSAULT - sexual intercourse will be inflicted on the recipient or a member of with another person without that person’s the recipient’s family or household. consent. 2. offensive sexual contact with 893. CYBERTHEFT - the act of using an online another person, exclusive of rape. computer service, such as one on the internet, 883. BATTERY - the application of force to to steal someone else’s property or to interfere another, resulting in harmful or offensive with someone else’s use and enjoyment of contact. property. 884. BRIBERY - the corrupt payment, receipt, or 894. EMAIL INTERCEPTION - the act of solicitation of a private favor for official action. reading, storing, or intercepting email intended 885. CHILD ENTICEMENT - attempting to for another person without that person’s entice, lure, tempt, or persuade any child to permission. enter, leave, or stay in any building, vehicle, or 895. TELEMARKETING FRAUD - telemarketing place if such act is done with the use of force or fraud is a term that refers generally to any with the intent to commit rape, indecent assault, scheme to deprive victims dishonestly of money battery, dissemination of material harmful to or property or to misrepresent the values of children, unnatural and lascivious acts, indecent goods or services. exposure, or other sexual offenses. 896. DRUG CRIMES - the definitions below 886. CHILD EXPLOITATION - the hiring, encompass both drugs and drug paraphernalia. employment, persuasion, inducement, or 897. CULTIVATION - the growing of organic coercion of child to perform in obscene drugs or their precursors, e.g. marijuana, coca, exhibitions and incident shows, whether live, on opium poppies, etc. video or film, or to pose or act as a model in 898. DISTRIBUTION - the act selling or trading obscene or pornographic materials, or to sell or drugs. distribute said materials. 899. MANUFACTURING - includes the creation 887. CHILD PORNOGRAPHY - any visual of synthetic drugs and the act of isolating drug depiction of actual or simulated sexual conduct compounds from organic sources. by an individual under the age of 18 or 900. POSSESSION: having drugs or drug lascivious exhibition of the pubic area of such paraphernalia on one’s person. an individual. courts have held that such 901. material may be banned even if it is not legally 902. POSSESSION FOR SALE: the possession obscene and does not involve nudity. of drugs in quantities sufficient for resale. 903. PRESCRIPTION FRAUD: the act of case; intentional misrepresentation or deceptive obtaining prescription (legal) drugs through behavior outside the transaction itself, depriving forged or stolen prescriptions. one party of informed consent or full 904. TRAFFICKING: the act of transferring drugs participation. from one location to another, usually on behalf 919. INSURANCE FRAUD: fraud committed of a second party. against an insurer, as when an insured lies on a 905. EMBEZZLEMENT: the illegal transfer of policy application or fabricates a claim. money or property that, although possessed 920. INTRINSIC FRAUD: deception that pertains legally by the embezzler, is diverted to the to an issue involved in an original action. o embezzler personally by his or her fraudulent examples include the use of fabricated action. evidence, a false return of service, perjured 906. EXPUNGEMENT: the legal procedure for testimony, and false receipts or other sealing a record of an arrest and/or criminal commercial documents. conviction from public view. 921. INVESTMENT FRAUD: this form of fraud 907. EXTORTION: obtaining money or property occurs when an adviser, stockbroker, or by threat to a victim’s property or loved ones, brokerage firm offers investors biased, intimidation, or false claim of a right (such as unfounded, or contradictory investment advice pretending to be an irs agent). out of a conflict of interest. 908. FAILURE TO REGISTER: failure to register 922. MAIL FRAUD: an act of fraud using the u.s. as a sex offender. postal service, as in making false 909. FORGERY: the act of fraudulently making a representations through the mail to obtain an false document or altering a real one to be used economic advantage. as if genuine. 923. PROMISSORY FRAUD: a promise to 910. FRAUD: a knowing misrepresentation of the perform made when the promiser had no truth or concealment of a material fact to induce intention of performing the promise. another to act to his or her detriment. 924. SECURITIES FRAUD: the crime of 911. ACTUAL FRAUD: a concealment or false knowingly making any materially misleading representation through a statement or conduct statement, or failing to disclose a material fact, that injures another who relies on it in acting. in connection with the purchase or sale of a 912. BANK FRAUD: the criminal offense of security. knowingly executing, or attempting to execute, 925. WIRE FRAUD: an act of fraud using a scheme or artifice to defraud a financial electronic communications, as by making false institution, or to obtain property owned by or representations on the telephone to obtain under the control of a financial institution, by money. means of false or fraudulent pretenses, 926. HATE CRIMES: a hate crime, generally, representation, or promises. refers to a crime committed not out of animosity 913. BANKRUPTCY FRAUD: the act of filing a toward a victim as an individual, but out of false bankruptcy claim. hostility toward the group to which the victim 914. CIVIL FRAUD: an intentional-but not willful- belongs. evasion of taxes. 927. HOMICIDE: the killing of one person by 915. CONSTRUCTIVE FRAUD: unintentional another. this is the generic legal term for killing deception or misrepresentation that causes a person, whether lawfully or unlawfully. injury to another. unlawful homicide comprises the two crimes of 916. CREDIT CARD FRAUD: examples of credit murder and manslaughter. card fraud include: illegal counterfeiting of credit 928. CRIMINAL HOMICIDE: homicide prohibited cards, the use of lost or stolen credit cards, and and punishable by law, such as murder or obtaining credit cards fraudulently through the manslaughter. mail. 929. EXCUSABLE HOMICIDE: homicide 917. CRIMINAL FRAUD: the willful evasion of resulting from a person’s lawful act, committed taxes accomplished by filing a fraudulent tax without intention to harm another. return. 930. JUSTIFIABLE HOMICIDE: the killing of 918. EXTRINSIC FRAUD: deception that is another in self-defense when faced with the collateral to the issues being considered in the danger of death or serious bodily injury. (same 945. LITIGATION - a case, controversy, or as excusable homicide) lawsuit. 931. NEGLIGENT HOMICIDE: homicide 946. MALFEASANCE - the commission of an resulting from the careless performance of a unlawful, wrongful act; any wrongful conduct legal or illegal act in which the danger of death that affects, interrupts, or interferes with the is apparent; the killing of a human being by performance of official duties. criminal negligence. 947. MALPRACTICE - improper or unethical 932. RECKLESS HOMICIDE: the unlawful killing conduct by the holder of a professional or of another person with conscious indifference official position. toward that person’s life. 948. MASS MURDER - a murder incident in 933. INTERROGATORIES - set of specialized which several victims are killed simultaneously questions sent by one attorney to another or within a relatively short period of time in the concerning requested information of their same general area. respective clients relevant to the case. 949. MIRANDA WARNING - requirements that 934. JUDGEMENT - the final disposition of a police tells a suspect in their custody of his/her case. constitutional right before they questions him. 935. judgement default - default judgment is result of the MIRANDA vs. ARIZONA ruling. law rendered because of the defendant's failure to enforcement procedure. answer or appear. 950. MISDEMEANOR - criminal offenses 936. JUDGEMENT SUMMARY - summary considered less serious than felonies. judgment is given on the basis of pleadings, misdemeanor are generally punishable by fine affidavits, and exhibits presented for the record or a limited local jail term in the local jail. without any need for a trial. it is used when 951. MISTRIAL - a trial that is terminated before there is no dispute as to the facts of the case its normal conclusion and declared invalid prior and one party is entitled to judgement as a to judgment. matter of law. 952. MITIGATING CIRCUMSTANCE - factors 937. JUDICIAL REVIEW - authority of a court to such as age, mental capacity, motivation, or review the official actions of other branches of duress which lessens the degree of guilt in a government, also the authority to declare criminal offense and thus the nature of the unconstitutional the actions of other branches. punishment. 938. JURISDICTION - the nature and scope of a 953. M'NAGHTEN RULE - the test applied for court's authority to hear or decide a case. the defense of insanity. under this test, an inherent power and authority of a particular accused is not criminally responsible if suffering court to hear and determine cases. from a mental disease or defect at the time of 939. JUSTICE - fairness, providing outcomes to committing the act and not understanding the each party in line with what they deserve. nature and quality of the act or that what was 940. JUVENILE - characteristic of youth, youth done was wrong. means under 18 years of age. 954. MOOT - is one not subject to a judicial 941. JUVENILE COURT - a court which decides determination because it involves an abstract criminal charges brought against children under question or a pretended controversy that has 18 years of age. not yet actually arisen or has already passed. 942. LEADING QUESTION - a question that 955. MOTION - an application for a rule or order, suggest the answer desired of a witness. a made to a court or judge. an application to the party generally may not ask one's own witness court requesting an order or a rule in favor of leading questions, leading questions may be the applicant. ask only of hostile witnesses and on cross- 956. OBJECTION - the process by which one examination. party takes exception to some statement or 943. LEGAL CUSTODY - right and responsibility procedure. an objection is either sustained or to make the decisions regarding the health, overruled by the judge. if the judge overrules education and welfare of a child/person. the objection, the witness may answer the 944. LIABLE - responsible or answerable for question. if the judge sustain the objection, the some action. witness may not answer the question. 957. OMNIBUS HEARING - hearing held in 974. Specific Performance: A remedy requiring a criminal court to dispose of appropriate issues person who has breached a contract to perform such as whether evidence is admissible before specifically what he or she has agreed to do. trial so as to ensure a fair and expeditious trial 975. Sovereign Immunity: The doctrine that the and avoid a multiplicity of court appearances. government, state or federal, is immune to lawsuit 958. OPENING STATEMENTS - not part of the unless it gives consent. evidence, these orations made by the lawyers 976. Small Claims Court: A court that handles civil on each side gives an overview of the evidence claims for small amounts of money. that will be presented during the trial. 977. Slip Opinion: The printed copy of a single 959. OPINION - conclusion reported by a witness judicial opinion. who qualified as an expert on a given subject. 960. ORDER - any written directive of a court or 978. Slander: False and defamatory spoken words judge other than a judgment. tending to harm another’s reputation, business or 961. Venue: The proper geographical area (country, means of livelihood. city, or district) in which a court with jurisdiction 979. AGGRAVATED ASSAULT - criminal over the subject matter may hear a case. assault accompanied by circumstances that make it more severe, such as the use of a 962. Venire: A writ summoning persons to court to deadly weapon, the intent to commit another act as jurors, also refers to the people summoned crime, or the intent to cause serious bodily for jury duty. harm. 963. Valid Claim: a grievance that can be resolved by 980. ASSAULT AND BATTERY - assault in legal action. conjunction with actual battery. 964. .Unsecured: in bankruptcy proceedings, for the 981. ASSAULT WITH A DEADLY WEAPON - purpose filing a claim, a claim is unsecured if there an aggravated assault in which the defendant, is no collateral, or to the extent the value of controlling a deadly weapon, threatens the collateral is less than the amount of the debt. victim with death or serious bodily injury. 965. Statute: Legislative enactment. 982. ASSAULT WITH INTENT: - any of several 966. Statute Limitations: The period of time within assaults that are carried out with an additional which lawsuit must be brought, after which it is criminal purpose in mind, such as assault with barred for lapse of time. intent to murder, assault with intent to rob, 967. Status Offender: Youths charged with that assault with intent to rape, and assault with status of being beyond the control of their legal intent to inflict great bodily injury. guardian or are habitually disobedient, truant from 983. ATTEMPTED ASSAULT - an attempt to commit an assault. school or having committed ither acts that would 984. SEXUAL ASSAULT - sexual intercourse not be a crime if committed by an adult. with another person without that person’s 968. Stationhouse Bail: Bail that some defendants consent. 2. offensive sexual contact with accused of misdemeanors may be allowed to pay at another person, exclusive of rape. the police station. 985. BATTERY - the application of force to 969. Stare Decisis: Latin meaning “to stand by that another, resulting in harmful or offensive which is decided.” Refers to the principle of contact. adhering to precedent when deciding a case. 986. BRIBERY - the corrupt payment, receipt, or 970. Standard of Proof: Indicates the degree to solicitation of a private favor for official action. which the point must be proven. 987. CHILD ENTICEMENT - attempting to 971. Standard of Care: The degree of care a entice, lure, tempt, or persuade any child to reasonable person would take to prevent a injury to enter, leave, or stay in any building, vehicle, or another. place if such act is done with the use of force or 972. Spousal Maintenance: Court ordered monies with the intent to commit rape, indecent assault, paid to a spouse. battery, dissemination of material harmful to 973. Speedy Trial: A rule of la wherein the defendant children, unnatural and lascivious acts, indecent must be brought to trial within 180 days. exposure, or other sexual offenses. 988. CHILD EXPLOITATION - the hiring, employment, persuasion, inducement, or coercion of child to perform in obscene 999. CULTIVATION - the growing of organic exhibitions and incident shows, whether live, on drugs or their precursors, e.g. marijuana, coca, video or film, or to pose or act as a model in opium poppies, etc. obscene or pornographic materials, or to sell or 1000. DISTRIBUTION - the act selling or trading distribute said materials. drugs. 989. CHILD PORNOGRAPHY - any visual depiction of actual or simulated sexual conduct by an individual under the age of 18 or lascivious exhibition of the pubic area of such an individual. courts have held that such material may be banned even if it is not legally obscene and does not involve nudity. 990. CHILD PROCUREMENT - the act of arranging or instigating a meeting with a child for the purpose of having sexual relations. 991. COUNTERFEITING - the forging, copying, or imitating of something (usually money) without a right to do so and with the purpose of deceiving or defrauding. 992. CYBERCRIME - crimes committed electronic all 993. CYBERSQUATTING - the act of reserving a domain name on the internet, especially a name that would be associated with a company’s trademark, and then seeking to profit by selling or licensing the name to the company that has an interest in being identified with it. 994. CYBERSTALKING - the act of threatening, harassing, or annoying someone through multiple email messages, as through the internet, especially with the intent of placing the recipient in fear that an illegal act or an injury will be inflicted on the recipient or a member of the recipient’s family or household. 995. CYBERTHEFT - the act of using an online computer service, such as one on the internet, to steal someone else’s property or to interfere with someone else’s use and enjoyment of property. 996. EMAIL INTERCEPTION - the act of reading, storing, or intercepting email intended for another person without that person’s permission. 997. TELEMARKETING FRAUD - telemarketing fraud is a term that refers generally to any scheme to deprive victims dishonestly of money or property or to misrepresent the values of goods or services. 998. DRUG CRIMES - the definitions below encompass both drugs and drug paraphernalia.