Definitions Flashcards
ANOTHER: Refers to any __________ person or legal entity, including the state of Louisiana or any subdivision thereof.
Other
ANYTHING OF VALUE: Must be given the broadest possible construction including any _____________ thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and including transportation, telephone and telegraph services, or any other available for hire. It must be construed in the broad popular sense of the phrase not necessarily as synonymous with the traditional legal term “property”. In all cases involving shoplifting the term “value” is the actual retail price of the property at the time of the offense.
Conceivable
APPREHEND: To take into _________ to arrest.
Custody
ARRAIGN: To bring the __________ before a judge, in open court, where he pleads to the charges against him.
Accused
ARRAIGNMENT: In criminal practice, to bring an accused to the ______________________________ in order that he may plead.
Bar of the Court
ARREST: Is the taking of one person into custody by another. To constitute arrest, there must be an actual __________________________. The restraint may be imposed by force or may result from the submission of the person arrested top the custody of the one arresting him.
Restraint of the Person
ARREST WARRANT: An ________ in writing by judge authority to take a specific person into custody to answer a specific criminal charge.
Order
BAIL: To set at _________ a person arrested or imprisoned, or security being taken, for his appearance at a specified time and place, while charges are pending in court.
Liberty
BAIL BOND: An ____________ signed by the accused with sureties, to secure his presence in court.
Obligation
BAILIFF: A court attendant whose duties are to keep __________ in the courtroom and to have custody of the jury.
Order
BALLISTICS: The ____________ of the flight of projectile (i.e. bullets fired from a weapon).
Science
BENCH WARRANT: Process issued from the “Bench” for the __________ of one named or described therein.
Arrest
BURDEN OF PROOF: In the law of evidence, the ___________________ of affirmatively proving a fact or facts in dispute.
Necessity or Duty
CHANGE OF VENUE: The removal of a suit from one ______________ to another or from one _____________ to another within the same jurisdiction.
Jurisdiction ; Court
CIRCUMSTANTIAL EVIDENCE: All evidence of an __________ nature: the process of decisions by which a court or jury may reason from _________________ known or proven to establish by inference, the principal fact.
Indirect ; Circumstances
CIVIL RIGHTS: Rights guaranteed to every person by the U.S Constitution, the State Constitution, by Congress, and the State Legislature, by virtue of _________________.
Citizenship
COERCION: ______________ a person to do that which he does not have to do, or to omit that which he may legally do by some illegal threat, force, intimidation, etc.
Compelling
COMPLAINT: a sworn, written _____________ stating that a specified person committed a crime.
Allegation
COMPLAINANT: One who _______________ an action.
Initiates
CONSPIRACY: A secret combination of persons who plan for the purpose of committing a crime or any _______________ unlawful act.
Two or more
CONTEMPT OF COURT: Behavior that ____________ the authority of a court or obstructs the ______________ of court orders.
Imputes ; Execution
CONSTRUCTIVE CONTEMPT OF COURT: Matters that do not occur in or near the ___________ of the court.
Presence
DIRECT CONTEMPT OF COURT: In the _________of the court.
Presence
CONTRABAND: Any property which is possessed ________________________ (i.e. Narcotics)
Unlawfully or illegally
CORPORAL: Relating to the body. Corporal _______________ is force used against the body of another.
Punishment
CORPUS: The ________ (material substance) upon which a crime has been committed.
Body
CORROBORATING EVIDENCE: Evidence supplementary to that already given which tends to _______________ or confirm it.
Strengthen
COURT OF RECORD: A court ____________ to keep records of the proceeding. The statues specify which courts are of record.
Obligated
COURT REPORTER: A person who _________________ ; takes down testimony by shorthand or stenographically.
Transcribes
CRIME AGAINST NATURE: Unnatural _____________ or unnatural sexual intercourse. The crime of sodomy is a crime against nature.
Sexual acts
CRIMINAL INSANITY: Inability to __________________ right from wrong.
Distinguish
CROSS EXAMINATION: The questioning of a witness in a trial or the taking of a deposition, by the party ____________ to the one who produced the witness.
Opposed
DANGEROUS WEAPON: Includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce __________________________.
Death or great bodily harm
DEFENDANT: The party ____________ whom an action at law or in equity is brought; party denying, opposing, resisting or contesting the action.
Against
DEFRAUD: To _____________ from another what is justly due him, or to ___________ him of the right by artifice or deception; to cheat.
Withhold ; Deprive
DIRECT EVIDENCE: Proof of facts by ____________ who saw acts done or heard words spoken as distinguished from CIRCUMSTANTIAL EVIDENCE.
Witnesses
DIRECT EXAMINATION: The first ______________ of a witness by the party on whose behalf he is called.
Interrogation
DOMICILE: The place where a person has established __________ residence.
Permanent
DOUBLE JEOPARDY: To be prosecuted __________ for the same offense.
Twice
DUE PROCESS: Law in its regular course of administration through the courts of justice.
There was no blank here.
ENTRAPMENT: The act of officers or agents of a government, _____________ a person to commit a crime not originally contemplated by him, for the purpose of instituting a criminal prosecution against him.
Inducing
EVIDENCE: All the means used to prove or disprove the fact at issue.
There was no blank here either.
EXTRADITION: The surrender by one state to another an individual who is outside its own territory and within the _______________________________ of the other.
Territorial Jurisdiction
FALSE ARREST: Any ______________________________ of another’s liberty, whether in prison or elsewhere.
Unlawful physical restraint
FELONY: Is any crime for which an offender may be sentenced to death or imprisonment at ____________.
Hard labor
FORENSIC: Relating to the courts; thus, _______________ would refer to medicine in relation to the court.
Forensic evidence
FORESEEABLE: Refers to that which ordinarily would be __________________ by a human being of average reasonable intelligence and perception.
Anticipated
FUGITIVE: Anyone who is wanted by law enforcement officers and __________________.
Cannot be located
FRAUD: An ____________ perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right, or in some manner do him injury.
Intentional
GRAND JURY: A __________________ whose duty is to hear complaints or accusations in criminal cases and may return indictments against the accused.
Jury of inquiry
HABEAS CORPUS: A writ of Habeas Corpus is an order from the court to the one holding the prisoner to produce him in court so that the __________ of the detention may be decided.
Legality
HEARSAY: Evidence based on _____________ rather than on a witness’ own knowledge; generally inadmissible in court.
Reports by others
HOMICIDE: The killing of one human being by another.
There was no blank.
IMPEACH: To discredit. To question the veracity of a __________.
Witness
INDICT: To accuse of crime, in ___________ , by a grand jury. Also called true bill of indictment.
Writing
