Additional Terms Flashcards
chain of custody
for evidence to maintain its integrity, there must be chronological documentation of each person having possession of the evidence (custody) from the point of collection (or seizure) until admission at trial, including how it has been controlled, transferred, analyzed, or otherwise handled. applies to physical and electronic evidence and may be relevant in civil or criminal cases
full faith and credit
Article IV, Section 1 of the US Constitution establishes that individual states within the US must respect the “public acts, records and judicial proceedings of every other state”. in short, any state must give “full faith and credit” to the laws and judgments of other states
precedent
a prior case (usually a written court opinion) that a subsequent court may rely upon when deciding a matter with similar facts and/or issues
stare decisis
the principle that a court should follow previous court decisions unless there exists a compelling reason not to. related to the concept of precedence. “stare decisis” means “let the decision stand”
due process
legal principle that the government must safeguard the legal rights owed to a person according to the law, including notice of proceedings and a chance to be heard prior to the loss of life, liberty, or property. also, a constitutional guarantee that a law shall not be unreasonable
notice
to provide, or to gain, knowledge of legally relevant information. notice is a critical concept applicable in almost every area of law. for instance, a defendant in any legal action, whether civil, criminal, or administrative, has a right to be “noticed” as to that matter. in civil law, having “notice” of certain facts can indicate or increase a person’s liability (such as when a person is aware of a dangerous condition on his or her property)