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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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0% found this document useful (0 votes)
39 views30 pages

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.

Uploaded by

adanclamyn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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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.

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