ENGLISH LEGAL GLOSSARY Flashcards

Question

AFFIDAVIT

Answer 1

A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. For example, in criminal cases, affidavits are often used by police officers seeking to convince courts to grant a warrant to make an arrest or a search. In civil cases, affidavits of witnesses are often used to support motions for summary judgment.

Answer 2

Without denying the charge, the defendant raises circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility.

Answer 3

In the practice of appellate courts, the word means that the decision of the trial court is correct.

Answer 4

One who has authority to act for another.

Answer 5

An attempt to cause serious bodily injury to another or purposely, knowingly or recklessly causing such injury, or an attempt to cause or purposely or knowingly cause bodily injury to another with a deadly weapon.

Answer 6

The unlawful use of force against another with unusual or serious consequences such as the use of a dangerous weapon.

Answer 7

Any factors associated with the commission of a crime which increase the seriousness of the offense or add to its injurious consequences.

Answer 8

A statement of all important facts, which all the parties agree is true and correct, which is submitted to a court for ruling.

Answer 9

A mutual understanding and intention between two or more parties. The writing or instrument which is evidence of an agreement. (Although often used as synonymous with contract, agreement is a broader term.)

Answer 10

Help, assist, or facilitate the commission of a crime.

Answer 11

A special type of guilty plea by which a defendant does not admit guilt but concedes that the State has sufficient evidence to convict; normally made to avoid the threat of greater punishment. Source: Black's Law Dictionary (1996); North Carolina v. Alford , 400 U.S. 25 (1970).

Answer 12

A defense claim that the accused was somewhere else at the time a crime was committed.

Answer 13

A court-ordered allowance that one spouse pays the other spouse for maintenance and support while they are either separated, pending suit for divorce, or after they are divorced.

Answer 14

The assertion of a party to an action, setting out what he expects to prove.

Answer 15

To state, recite, assert, claim, maintain, charge or set forth. To make an allegation.

Answer 16

Asserted to be true as depicted or a person who is accused but has not yet been tried in court.

Answer 17

A defendant's statement in mitigation of punishment.

Answer 18

Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.

Answer 19

To change, correct, revise, improve, modify, or alter.

Answer 20

The correction of an error admitted in any process.

Answer 21

A case summary or commentary on the law cases, statutes, and rules illustrating its interpretation.

Answer 22

Yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement.

Answer 23

The defendant's response to the plaintiff's allegations as stated in a complaint. An item-by-item, paragraph-by- paragraph response to points made in a complaint; part of the pleadings.

Answer 24

A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal."

Answer 25

A coming into court as party or interested person or as a lawyer on behalf of party or interested person.

Answer 26

The party appealing a final decision or judgment.

Answer 27

A court having jurisdiction to hear appeals and review a trial court's procedure.

Answer 28

The appellate court has the right to review and revise the lower court decision.

Answer 29

The party against whom an appeal is taken. Sometimes called a respondent.

Answer 30

The referral of a dispute to an impartial third person chosen by the parties to the dispute who agree in advance to abide by the arbitrator's award issued after a hearing at which both parties have an opportunity to be heard.

Answer 31

Remarks addressed by attorney to judge or jury on the merits of case or on points of law.

Answer 32

The procedure where the accused is brought before the court to hear the criminal charge(s) against him or her and to enter a plea of either guilty, not guilty or no contest.

Answer 33

A proceeding in which the accused is brought before the court to plead to the criminal charge in the indictment or information. The charge is read to him or her and he or she is asked to plead guilty or not guilty or, where permitted, nolo contendere (no contest). Another term for preliminary hearing.

Answer 34

To deprive a person of his liberty by legal authority.

Answer 35

The malicious burning of someone else's or one's own dwelling or of anyone's commercial or industrial property.

Answer 36

Any willful attempt or threat to inflict injury upon the person of another, when coupled with the present ability to do so, and any intentional display of force such as would give victim reason to fear or expect immediate bodily harm.

Answer 37

An aggravated unlawful assault in which there is threat to do bodily harm without justification or excuse by use of any instrument calculated to do serious bodily harm or cause death.

Answer 38

An assault committed with the intention of committing some additional crime.

Answer 39

The person to whom property rights or power are transferred by another, a grantee.

Answer 40

In tort law, a defense to a personal injury suit. The essence of an affirmative defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury.

Answer 41

The time in a lawsuit when the complaining party has stated his or her claim and the other side has responded with a denial and the matter is ready to be tried.

Answer 42

Taking a person's property to satisfy a court-ordered debt.

Answer 43

An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution.

Answer 44

To bear witness to, to affirm to be true or genuine, to certify.

Answer 45

Attorney at law, lawyer, counselor at law.

Answer 46

The lawyer who represents a client and is entitled to receive all formal documents from the court or from other parties. Also known as counsel of record.

Answer 47

An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.

Answer 48

A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly, a power of attorney.

Answer 49

To give authority or legal authenticity to a statute, record, or other written instrument.

Answer 50

The manipulation of an automobile and its parts for a specific purpose.

Answer 51

Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure his or her appearance in court. Bail and Bond are often used interchangeably.

Answer 52

An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as bond.

Answer 53

- A person who is the liable party in paying the bond for the defendant's release from jail.

Answer 54

Bail that is kept by the court as a result of not following a court order.

Answer 55

A hearing established to re-evaluate the bail amount that was originally set for the accused.

Answer 56

A court officer who has charge of a court session in the matter of keeping order and has custody of the jury.

Answer 57

The state or condition of a person who is unable to pay his or her debts as they are or become due.

Answer 58

Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or “discharged” from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money to are called creditors.

Answer 59

1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the whole body of lawyers.

Answer 60

A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.

Answer 61

Physical condition of a child indicating that external or internal injuries result from acts committed by a parent or custodian.

Answer 62

An offensive touching or use of force on a person without the person's consent.

Answer 63

An offensive touching or use of force on one's spouse without the spouse's consent. See BATTERY.

Answer 64

The seat occupied by judges in courts.

Answer 65

A meeting either on or off the record at the judge's bench between the judge, counsel, and sometimes the defendant, out of the hearing of the jury.

Answer 66

Trial without a jury in which a judge decides the facts.

Answer 67

An order issued by a judge for the arrest of a person.

Answer 68

Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust.

Answer 69

To give a gift to someone through a will.

Answer 70

Gifts made in a will.

Answer 71

Primary evidence; the best evidence available. Evidence short of this is “secondary.” That is, an original letter is “best evidence,” and a photocopy is “secondary evidence.”

Answer 72

The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.

Answer 73

Inclination, bent, a pre-conceived opinion or a predisposition to decide a cause or an issue a certain way.

Answer 74

To try issues separately, such as guilt and criminal responsibility in a criminal proceeding or liability and damages in a civil action.

Answer 75

A statement of the details of the charge made against the defendant.

Answer 76

To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial.

Answer 77

A written order issued by a court directing a sheriff or peace officer to take custody of and bring before the court: 1) A witness who fails to comply with a subpoena, 2) a party who fails to comply with a court order in a civil action, or 3) a material witness in a criminal case.

Answer 78

A certificate or evidence of a debt. Often used interchangeably with bail .

Answer 79

The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.

Answer 80

The number assigned to the criminal record that corresponds to the person's arrest.

Answer 81

The act of collecting the bets of others or making odds on future gambling events.

Answer 82

The act of showing a weapon to another person, typically the police or the victim.

Answer 83

The breaking or violating of a law, right, obligation, or duty either by doing an act or failing to do an act.

Answer 84

Breaking and entering a dwelling of another in nighttime with intent to commit a felony therein.

Answer 85

Test to determine content of alcohol in one arrested for operating a motor vehicle while under the influence of liquor by analyzing a breath sample.

Answer 86

A gift, not necessarily of monetary value, given to influence the conduct of the receiver.

Answer 87

A written statement prepared by the counsel arguing a case in court. It contains a summary of the facts of a case, the pertinent laws, and an argument of how the law applies to the facts supporting counsel's position.

Answer 88

The obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.

Answer 89

The act of entering or remaining illegally in a movable or immovable structure, vehicle or dwelling with intent to commit a felony.

Answer 90

List of cases scheduled for hearing in court.

Answer 91

The public calling of the docket or list of causes at commencement of term of court, for setting a time for trial or entering orders.

Answer 92

A criminal case in which the allowable punishment includes death.

Answer 93

A crime punishable by death.

Answer 94

Punishment by death for capital crimes. Death penalty .

Answer 95

The heading on a legal document listing the parties, the court, the case number, and related information.

Answer 96

A general term for an action, cause, suit, or controversy brought before the court for resolution.

Answer 97

Law established by previous decisions of appellate courts, particularly the Supreme Court.

Answer 98

See DOCKET NUMBER.

Answer 99

The act which produces an effect.

Answer 100

A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

Answer 101

The facts that give rise to a lawsuit or a legal claim.

Answer 102

An order of an administrative agency or court prohibiting a person or business from continuing a particular course of conduct.

Answer 103

1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original.

Answer 104

Attested as being true or an exact reproduction.

Answer 105

An accounting for the whereabouts of the tangible evidence from the moment it is received in custody until it is offered in evidence in court.

Answer 106

An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury.

Answer 107

Objection to the seating of a particular juror for a stated reason (usually bias or prejudice for or against one of the parties in the lawsuit). The judge has the discretion to deny the challenge. This differs from peremptory challenge.

Answer 108

Questioning the qualifications of an entire jury panel, usually on the ground of partiality or some fault in the process of summoning the panel.

Answer 109

A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.

Answer 110

Moving a lawsuit or criminal trial to another place for trial.

Answer 111

The testimony of witnesses who know the general character and reputation of a person in the community in which he or she lives. It may be considered by the jury in a dual respect: 1) as substantive evidence upon the theory that a person of good character and reputation is less likely to commit a crime than one who does not have a good character and reputation, and 2) as corroborative evidence in support of a witness's testimony as bearing upon credibility.

Answer 112

A formal allegation, as a preliminary step in prosecution, that a person has committed a specific offense, which is recorded in a complaint, information or indictment. To charge; To accuse. See INSTRUCTIONS.

Answer 113

The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Answer 114

A written accusation alleging a defendant has committed an offense. Includes a citation, an indictment, information, and statement of charges.

Answer 115

Presiding or Administrative Judge in a court.

Answer 116

Any form of cruelty to a child's physical, moral, or mental well-being.

Answer 117

Any form of indecent or sexual activity on, involving, or surrounding a child under the state's designated age.

Answer 118

The legal obligation of parents to contribute to the economic maintenance, including education, of their children. Money paid by one parent to another toward the expenses of the children of the marriage.

Answer 119

All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.

Answer 120

A reference to a source of legal authority. A direction to appear in court, as when a defendant is cited into court, rather than arrested.

Answer 121

Noncriminal case in which one private individual or business sues another to protect, enforce, or redress private or civil rights.

Answer 122

A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings.

Answer 123

The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Answer 124

The assertion of a right to money or property.

Answer 125

A lawsuit brought by one or more persons on behalf of a larger group.

Answer 126

Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.

Answer 127

Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. It may take the form of commutation or pardon.

Answer 128

Officer of the court who files pleadings, motions, judgments, etc., issues process, and keeps records of court proceedings.

Answer 129

The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Answer 130

A collection, compendium, or revision of laws, rules, and regulations enacted by legislative authority.

Answer 131

Body of federal or state law dealing with procedural aspects of trial for criminal cases.

Answer 132

The CFR is the annual listing of executive agency regulations published in the daily Federal Register, and the regulations issued previously which are still in effect. The CFR contains regulatory laws governing practice and procedure before federal administrative agencies.

Answer 133

The rules of conduct that govern the legal profession. The Code contains general ethical guidelines and specific rules written by the American Bar Association.

Answer 134

An amendment to a will.

Answer 135

1. Property that is pledged as security against a debt. 2. A person belonging to the same ancestral stock (a relation), but not in a direct line of descent.

Answer 136

An attack on a judgment other than a direct appeal to a higher court.

Answer 137

A person who directs a commission; a member of a commission. The officer in charge of a department or bureau of a public service.

Answer 138

1. To execute, perpetrate, or carry out an act. To commit a crime. 2. To send a person to prison, asylum, or reformatory by a court order.

Answer 139

1. The action of sending a person to a penal or mental institution. 2. The order directing an officer to take a person to a penal or mental institution.

Answer 140

A court order directing that an individual be kept in custody, usually in a penal or mental facility.

Answer 141

The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Answer 142

Property owned in common by husband and wife each having an undivided one-half interest by reason of their marital status. For example, the earnings of one spouse during the marriage do not belong solely to that spouse; the earnings are community property.

Answer 143

The reduction of a sentence, such as from death to life imprisonment.

Answer 144

A legal doctrine by which acts of the opposing parties are compared to determine the liability of each party to the other, making each liable only for his or her percentage of fault. See also CONTRIBUTORY NEGLIGENCE.

Answer 145

Mental capacity of a person, especially with regard to his or her ability to stand trial and to assist counsel in his or her defense.

Answer 146

The party who complains or sues; one who applies to the court for legal redress. Also called the plaintiff.

Answer 147

The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. 2. Formal written charge that a person has committed a criminal offense.

Answer 148

To act in accordance with, to accept, to obey.

Answer 149

A picture of an alleged criminal created by a professional police artist using verbal descriptions given by the victim or a witness

Answer 150

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but it may be less formal.

Answer 151

The jurisdiction of two or more courts, each authorized to deal with the same subject matter.

Answer 152

Sentences for more than one crime that are to be served at the same time, rather than one after the other. See also CUMULATIVE SENTENCES.

Answer 153

The legal process by which the government takes private land for public use, paying the owners a fair price. See EMINENT DOMAIN.

Answer 154

A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.

Answer 155

Voluntary statement made by one who is a defendant in a criminal trial, which, if true, discloses his or her guilt.

Answer 156

To seize or take private property for public use (the police confiscated the weapon).

Answer 157

1. A real or seeming incompatibility between one's private interests and one's public or fiduciary duties. 2. A real or seeming incompatibility between the interests of two of a lawyer's clients, such that the lawyer is disqualified from representing both clients if the dual representation adversely affects either client or if the clients do not consent.

Answer 158

Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.

Answer 159

Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself. (Conservators have somewhat less responsibility than guardians. See also guardianship. )

Answer 160

The cause, price, or impelling influence which induces a party to enter into a contract.

Answer 161

An agreement by two or more persons to commit an unlawful act; in criminal law, conspiracy is a separate offense from the crime that is the object of the conspiracy.

Answer 162

A right guaranteed by the U. S. Constitution, interpreted by the federal courts; also, a right guaranteed by some other constitution (such as a state constitution).

Answer 163

The finding of the court that an act was committed with the intent of embarrassing the court, disobeying its lawful orders, or obstructing the administration of justice in some way.

Answer 164

The adjournment or postponement of a session, hearing, trial, or other proceeding until a future date.

Answer 165

A legally enforceable agreement between two or more competent parties made either orally or in writing.

Answer 166

A legal doctrine that says if the plaintiff in a civil action for negligence also was negligent, he or she cannot recover damages from the defendant for the defendant's negligence. Most jurisdictions have abandoned the doctrine of contributory negligence in favor of comparative negligence .

Answer 167

Any of the drugs whose production and use are regulated by law, including narcotics, stimulants, and hallucinogens.

Answer 168

1. A person who has been found guilty of a crime and is serving a sentence for that crime; a prison inmate. 2. To find a person guilty of an offense by either a trial or a plea of guilty.

Answer 169

A judgment of guilty following a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere.

Answer 170

Public official charged with duty to make inquiry into the causes and circumstances of any death which occurs through violence or suddenly, with marks of suspicion.

Answer 171

To support with evidence or authority; make more certain.

Answer 172

Supplementary evidence that tends to strengthen or confirm the initial evidence.

Answer 173

Confirmation or support of a witness' statement or other fact.

Answer 174

An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees.

Answer 175

A legal representative, attorney, lawyer.

Answer 176

The physical location where the defense and prosecuting parties are seated throughout the duration of the trial.

Answer 177

Each of the allegations of an offense listed in a charging document.

Answer 178

A claim presented by a defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.

Answer 179

To forge, to copy or imitate, without authority or right, and with the purpose to deceive or defraud, by passing off the copy as genuine.

Answer 180

A building or structure used to house alleged criminals and/or convicted criminals of local area crimes.

Answer 181

1. A unit of the judiciary authorized to decide disputed matters of fact, cases or controversies. 2. Figuratively, the judge or judicial officer. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

Answer 182

An officer appointed by the Court or elected to oversee the administrative, non-judicial activities of the court.

Answer 183

A defense attorney designated by the court to represent a defendant who does not have the funds to retain an attorney.

Answer 184

The expenses of prosecuting or defending a lawsuit, other than the attorneys' fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.

Answer 185

A court in which the proceedings are recorded, transcribed, and maintained as permanent records.

Answer 186

A written direction or command delivered by a court or judge.

Answer 187

A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.

Answer 188

In some states, the highest appellate court, where it is the Court's discretion whether to hear the case on appeal.

Answer 189

1. Federal - A trial court with general Federal jurisdiction. 2. State - Meaning varies from state to state.

Answer 190

A court having jurisdiction over cases involving children under a specified age, usually 18. Cases generally involve delinquent, dependent, and neglected children.

Answer 191

A court having jurisdiction (usually civil and criminal) over cases arising within the city or community in which it sits.

Answer 192

A specialized court that deals with cases during the late evening and early morning hours.

Answer 193

Meaning varies from state to state.

Answer 194

A specialized court that hears crimes dealing with traffic offenses.

Answer 195

The section of a courthouse in which the judge presides over the proceedings.

Answer 196

The quality in a witness which makes his or her testimony believable.

Answer 197

1. An act of omission or commission in violation of law which carries criminal consequences. 2. Criminal activity in general relating to a specific time or place.

Answer 198

1. One who has been convicted of a criminal offense. 2. That which is connected with the law of crimes; That which has the character of a crime (criminal justice; criminal intent).

Answer 199

A case brought by the government against a person accused of committing a crime.

Answer 200

1. Arrest record. A written account listing all the instances in which a person has been arrested. 2. A form completed by a police officer when a person is arrested.

Answer 201

An order commanding an accused to appear in court.

Answer 202

A claim by codefendant or co-plaintiffs against each other and not against persons on the opposite side of the lawsuit.

Answer 203

The questioning of a witness produced by the other side.

Answer 204

Sentences for two or more crimes to run consecutively, rather than concurrently.

Answer 205

1. The care and control of a thing or person for inspection, preservation, or security. 2. The care, control, and maintenance of a child awarded by a court to one of the parents in a divorce or separation proceeding. 3. The detention of a person by virtue of lawful process or authority.

Answer 206

Money awarded by a court to a person injured by the unlawful act or negligence of another person.

Answer 207

State-imposed death as punishment for a serious crime. Capital punishment .

Answer 208

The area of a state or federal prison where criminals who are sentenced to death are confined until their sentence is commuted or carried out.

Answer 209

The judgment reached or given by a court of law.

Answer 210

A judgment of the court that explains what the existing law is or expresses the opinion of the court without the need for enforcement.

Answer 211

An order of the court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit.

Answer 212

That which tends to injure a person's reputation. Libel is published defamation, whereas slander is spoken.

Answer 213

A failure to respond to a lawsuit within the specified time.

Answer 214

A judgment entered against a party who fails to appear in court, respond to the charges, or does not comply with an order, especially an order to provide or permit discovery.

Answer 215

1. In a criminal case, the person accused of the crime. 2. In a civil case, the person being sued.

Answer 216

1. Defendant's statement of a reason why the plaintiff or prosecutor has no valid case against defendant, especially a defendant's answer, denial, or plea. 2. Defendant's method and strategy in opposing the plaintiff or the prosecution. 3. One or more defendants in a trial.

Answer 217

An attorney who represents the defendant.

Answer 218

1. To discuss, ponder or reflect upon before reaching a decision. A judge will usually deliberate before announcing a judgment. 2. Intentional, characterized by consideration and awareness.

Answer 219

The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions.

Answer 220

Antisocial behavior by a minor; especially behavior that would be criminally punishable if the actor were an adult, but instead is usually punished by special laws pertaining only to minors.

Answer 221

A motion to dismiss a civil case because of the legal insufficiency of a complaint.

Answer 222

A child who is homeless or without proper care through no fault of the parent, guardian, or custodian.

Answer 223

The act of removing a person to another country. Order issued by an immigration judge, expelling an alien from the United States. A deportation has certain consequences regarding the number of years within which a deportee may not legally immigrate. There are also criminal consequences for reentry within a prescribed time period.

Answer 224

A pretrial discovery device by which one party questions the other party or a witness for the other party. It usually takes place in the office of one of the lawyers, in the presence of a court reporter, who transcribes what is said. Questions are asked and answered orally as if in court, with opportunity given to the adversary to cross-examine. Occasionally, the questions are submitted in writing and answered orally.

Answer 225

The court transfer of legal custody of a person from parents or legal guardian to another person, agency, or institution. It may be temporary or permanent.

Answer 226

An assistant lawyer to the district attorney.

Answer 227

State laws that provide for the distribution of estate property of a person who dies without a will. Same as intestacy laws.

Answer 228

The act or fact of holding a person in custody; confinement or compulsory delay.

Answer 229

In juvenile court, a judicial hearing, usually held after the filing of a petition, to determine interim custody of a minor pending a judgment.

Answer 230

Proof of facts by witnesses who saw acts done or heard words spoken.

Answer 231

The first questioning of witnesses by the party on whose behalf they are called.

Answer 232

Now called Judgment as a Matter of Law. An instruction by the judge to the jury to return a specific verdict.

Answer 233

Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law. It differs from censure (an official reprimand or condemnation) and from suspension (a temporary loss of the right to practice law).

Answer 234

To refuse a gift made in a will.

Answer 235

The procedure by which one or both parties disclose evidence which will be used at trial. The specific tools of discovery include depositions, interrogatories and motions for the production of documents.

Answer 236

To terminate legal action involving outstanding charges against a defendant in a criminal case.

Answer 237

The dismissal of a case, by which the same cause of action cannot be brought against the defendant again at a later date.

Answer 238

The dismissal of a case without preventing the plaintiff from bringing the same cause of action against the defendant in the future.

Answer 239

Any behavior, contrary to law, which disturbs the public peace or decorum, scandalizes the community, or shocks the public sense of morality.

Answer 240

A final settlement or determination. The court decision terminating proceedings in a case before judgment is reached, or the final judgment

Answer 241

To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

Answer 242

The act of bringing to an end; termination. The dissolution of a marriage or other relationship.

Answer 243

A lawyer appointed or elected to represent the state in criminal cases in his or her respective judicial districts. See PROSECUTOR.

Answer 244

Conduct which tends to annoy all citizens, including unnecessary and distracting noisemaking.

Answer 245

1. The process of removing some minor criminal traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages. 2. Unauthorized use of funds.

Answer 246

Legal dissolution of a marriage by a court. Also termed dissolution of marriage.

Answer 247

A list of cases to be heard by a court, or a log containing brief entries of court proceedings.

Answer 248

The designation assigned to each case filed in a particular court. Also called a case number.

Answer 249

An assault committed by one member of a household against another.

Answer 250

The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

Answer 251

The constitutional prohibition under the Fifth Amendment against a person being put on trial more than once for the same offense.

Answer 252

The unlawful operation of a motor vehicle while under the influence of drugs or alcohol. In some jurisdictions it is synonymous with DRIVING UNDER THE INFLUENCE (DUI), but in others, driving while intoxicated is a more serious offense than driving under the influence.

Answer 253

The operation of a vehicle in an impaired state after consuming alcohol that when tested is above the state's legal alcohol limit.

Answer 254

The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, the right to remain silent, the right to a speedy and public trial, the right to an impartial jury, and the right to confront and secure witnesses.

Answer 255

Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.

Answer 256

To willfully take or convert to one's own use, another's money or property, which the wrongdoer initially acquired lawfully, because of some office, employment, or some position of trust.

Answer 257

The power of the government to take private property for public use through condemnation.

Answer 258

All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

Answer 259

To make greater in value, to increase.

Answer 260

An order by the court telling a person to stop performing a specific act.

Answer 261

The formal statement before the court that the accused admits committing the criminal act.

Answer 262

A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed.

Answer 263

The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.

Answer 264

An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.

Answer 265

Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Equity and law courts are now merged in most jurisdictions.

Answer 266

The process by which a deceased person's property goes to the state if no heir can be found.

Answer 267

Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

Answer 268

An estate consists of personal property (car, household items, and other tangible items), real property, and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person's death. It does not include life insurance proceeds (unless the estate was made the beneficiary) or other assets that pass outside the estate (like joint tenancy assets).

Answer 269

Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.

Answer 270

A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

Answer 271

Recovery of land or rental property from another by legal process.

Answer 272

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Answer 273

Inferences drawn from proven facts.

Answer 274

Evidence in form of witness testimony, who actually saw, heard, or touched the subject of question.

Answer 275

Evidence which can disappear relatively quickly, such as the amount of alcohol in a person's blood.

Answer 276

The first examination of a witness by the counsel who called the witness to testify.

Answer 277

A second examination of a witness by the opposing counsel after the second examination (or redirect examination) by the counsel who called the witness to testify is completed.

Answer 278

A second examination of a witness by the counsel who called the witness to testify. This examination is usually focused on certain matters that were discussed by the opposing counsel's examination.

Answer 279

Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

Answer 280

An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order.

Answer 281

The rule preventing illegally obtained evidence to be used in any trial.

Answer 282

The matter can only be filed in one court.

Answer 283

Evidence which tends to indicate that a defendant did not commit the alleged crime.

Answer 284

To complete the legal requirements (such as signing before witnesses) that make a will valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect.

Answer 285

A personal representative, named in a will, who administers an estate.

Answer 286

A document or other item introduced as evidence during a trial or hearing.

Answer 287

Exhibit and/or evidence that is offered by the prosecution.

Answer 288

Removal of a charge, responsibility or duty.

Answer 289

Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject.

Answer 290

Official and formal erasure of a record or partial contents of a record.

Answer 291

Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

Answer 292

The act of obtaining the property of another person through wrongful use of actual or threatened force, violence, or fear.

Answer 293

The process by which one state or country surrenders to another state, a person accused or convicted of a crime in the other state.

Answer 294

A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto.

Answer 295

One who saw the act, fact, or transaction to which he or she testifies.

Answer 296

The act of not appearing in court after being presented with a subpoena or summons.

Answer 297

The act of not following an order that is directed by the court.

Answer 298

A hearing in which certain rights are respected such as the right to present evidence, to cross examine and to have findings supported by evidence.

Answer 299

Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer.

Answer 300

The unlawful restraint by one person of another person's physical liberty.

Answer 301

Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods.

Answer 302

A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.

Answer 303

A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.

Answer 304

A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.

Answer 305

The most complete, unlimited form of ownership of real property, which endures until the current holder dies without heir.

Answer 306

A crime of a more serious nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for more than a year and/or substantial fines.

Answer 307

A murder committed during the commission of a felony such as robbery, burglary, or kidnapping.

Answer 308

See SURETY BOND.

Answer 309

A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the others benefit, e.g., a guardian, trustee, or executor.

Answer 310

A method of determining whether a person is intoxicated using a motor skills test which is administered by testing the driver's speaking ability and/or physical coordination.

Answer 311

Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal proceeding.

Answer 312

To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

Answer 313

For the judge or jury to determine and declare the guilt of the defendant.

Answer 314

Formal conclusion by a judge or jury on issues of fact.

Answer 315

To sentence a person convicted of an offense to pay a penalty in money.

Answer 316

The distinctive pattern of lines on human fingertips that are used as a method of identification in criminal cases.

Answer 317

A weapon which acts by force of gunpowder, such as a rifle, shotgun or revolver.

Answer 318

The initial appearance of an arrested person before a judge to determine whether there is probable cause for his or her arrest. Generally the person comes before a judge within hours of the arrest, and are informed of the charges against him or her and of his or her rights to a preliminary hearing, to counsel,and to bail. No plea is asked for at this state. Also called initial appearance.

Answer 319

Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession.

Answer 320

Procedure by which mortgaged property is sold on default of the mortgagor in satisfaction of mortgage debt.

Answer 321

To lose, or lose the right to.

Answer 322

The loss of money or property resulting from failure to meet a legal obligation or from the illegal nature or use of the money or property.

Answer 323

The act of claiming one's own writing to be that of another.

Answer 324

A program of parental care for children who do not have an in-home parental relationship with either biological or adoptive parents.

Answer 325

In a trial, a foundation must be laid to establish the basis for the admissibility of certain types of evidence. For example, an expert witnesses's qualifications must be shown before expert testimony will be admissible.

Answer 326

Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process .

Answer 327

Intentional, unlawful deception to deprive another person of property or to injure that person in some other way.

Answer 328

The act of staking money, or other thing of value, on an uncertain event or outcome.

Answer 329

To withhold a debtor's money, and turn it over to another in order to pay a debt. Typically, the one withholding the money is the debtor's employer.

Answer 330

A legal proceeding in which a debtor's money, in the possession of another (the garnishee), is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.

Answer 331

The voluntary transfer, by a debtor, of all property to a trustee for the benefit of all of his or her creditors.

Answer 332

Refers to courts that have no limit on the types of criminal and civil cases they may hear.

Answer 333

The act of inhaling glue in order "to get high".

Answer 334

Substantial reason, one that affords a legal excuse.

Answer 335

An honest belief, the absence of malice, and the absence of design to defraud.

Answer 336

Jury of inquiry. The jury which determines which charges, if any, are to be brought against a defendant.

Answer 337

Taking and carrying away the personal property of another person of a value in excess of an amount set by law with the intent to deprive the owner or possessor of it permanently.

Answer 338

The person who sets up a trust.

Answer 339

A foundation or basis; points relied on.

Answer 340

A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative.

Answer 341

Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself, usually an incompetent adult or minor child.

Answer 342

Responsible for a delinquency, crime, or other offense; not innocent.

Answer 343

Chains or shackles for the hands to secure prisoners.

Answer 344

Words, gestures, and actions which tend to annoy, alarm, and verbally abuse another person.

Answer 345

An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.

Answer 346

A proceeding similar to a trial, without a jury, and usually of shorter duration.

Answer 347

A hearing held for the purpose of deciding issues or fact of law that both parties are disputing.

Answer 348

The hearing given to person accused of crime, by a magistrate or judge, to determine whether there is enough evidence to warrant the confinement and holding to bail the person accused.

Answer 349

Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Answer 350

Crime in which the driver of a vehicle leaves the scene of an accident without identifying himself or herself.

Answer 351

A temporary location that is meant to secure the accused while waiting for trial to begin or continue.

Answer 352

A will entirely written, dated, and signed by the testator in his/her own handwriting.

Answer 353

An alternative to incarceration where an individual is confined to his or her home and monitored electronically.

Answer 354

The unlawful killing of one human being by another.

Answer 355

A warrant that a court issues under Health-General Article Section 12-120 after a probable cause determination that the named defendant has violated a conditional release under Title 12 of the Health-General Article.

Answer 356

A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.

Answer 357

A jury whose members cannot agree upon a verdict.

Answer 358

An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation.

Answer 359

Against, or not authorized by law; unlawful.

Answer 360

Grant by the court which assures someone will not face prosecution in return for providing evidence in a criminal proceeding.

Answer 361

To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impaneled. The jurors are sworn in and the trial is ready to proceed.

Answer 362

To call into question the truthfulness of a witness.

Answer 363

A contract in which the promise made by the obligor is not expressed, but inferred by one's conduct or implied in law.

Answer 364

That which, under the rules of evidence, cannot be admitted as evidence in a trial or hearing.

Answer 365

The lack of power or the legal ability to act.

Answer 366

To confine in jail.

Answer 367

Sexual intercourse between persons so closely related that marriage between them would be unlawful.

Answer 368

Lack of capacity to understand the nature and object of the proceedings, to consult with counsel, and to assist in preparing a defense.

Answer 369

To make it appear that one is guilty of a crime.

Answer 370

Exposure to sight of the private parts of the body in a lewd or indecent manner in a public place.

Answer 371

The term pertains to liability for loss shifted from one person held legally responsible to another.

Answer 372

A special kind of executor, permitted by the laws of certain states, who performs the duties of an executor without intervention by the court.

Answer 373

A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.

Answer 374

A formal written accusation, issued by a grand jury, charging a party with a crime.

Answer 375

Needy and poor. A defendant who can demonstrate his or her indigence to the court may be assigned a court- appointed attorney at public expense.

Answer 376

Needy and poor. A defendant who can demonstrate his or her indigence to the court may be assigned a court- appointed attorney at public expense.

Answer 377

An undisclosed person who confidentially discloses material information of a crime to the police, which is usually done in exchange for a reward or special treatment.

Answer 378

A formal written document filed by the prosecutor detailing the criminal charges against the defendant. An alternative to an indictment, it serves to bring a defendant to trial.

Answer 379

A violation of law, not punishable by imprisonment. Minor traffic offenses are generally considered infractions.

Answer 380

A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax.

Answer 381

In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him or her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he or she usually does not offer evidence. Also called first appearance.

Answer 382

Writ or order by a court prohibiting a specific action from being carried out by a person or group.

Answer 383

A person confined to a prison, penitentiary, or jail.

Answer 384

A belief in the American legal system which states that all people accused of a criminal act are considered not to have committed the crime until the evidence leaves no doubt in the mind of the court or the jury that the accused did or did not commit the crime.

Answer 385

A claim by a defendant that he or she lacks the soundness of mind required by law to accept responsibility for a criminal act.

Answer 386

Judge's explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge.

Answer 387

Nonphysical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning

Answer 388

The purpose to use a particular means to bring about a certain result.

Answer 389

Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit. Compare to decree .

Answer 390

Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit. Compare to decree .

Answer 391

Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit. Compare to decree .

Answer 392

Written questions asked by one party in a lawsuit for which the opposing party must provide written answers.

Answer 393

An action by which a third person who may be affected by a lawsuit is permitted to become a party to the suit. Differs from the process of becoming an amicus curiae.

Answer 394

See DESCENT AND DISTRIBUTION STATUTES.

Answer 395

Dying without a will.

Answer 396

The process by which the property of a person who has died without a will passes on to others according to the state's descent and distribution statutes. If someone dies without a will, and the court uses the state’s interstate succession laws, an heir who receives some of the deceased's property is an intestate heir.

Answer 397

A legal inquiry to discover and collect facts concerning a certain matter.

Answer 398

Evidence not sufficiently related to the matter in issue.

Answer 399

A trust that, once set up, the grantor may not revoke.

Answer 400

1) The disputed point in a disagreement between parties in a lawsuit. 2) To send out officially, as in to issue an order.

Answer 401

A place of confinement that is more than a police station and less than a prison. It is usually used to hold persons convicted of misdemeanors or persons awaiting trial.

Answer 402

The peril in which an accused is placed when he is properly charged with a crime before a court. Jeopardy normally attaches when the petit jury is impaneled. After such time, the accused may not be released and tried at a later date for the same offense. Subject to exception. See DOUBLE JEOPARDY.

Answer 403

To unite, to combine, to enter into an alliance.

Answer 404

A legal doctrine that makes each of the parties who are responsible for an injury liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.

Answer 405

A form of legal co-ownership of property (also known as survivorship ). At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.

Answer 406

An association of persons jointly undertaking some commercial enterprise. Unlike a partnership, a joint venture does not entail a continuing relationship among the parties.

Answer 407

The illegal taking of an automobile without intent to deprive the owner permanently of the vehicle, often involving reckless driving.

Answer 408

An elected or appointed public official with authority to hear and decide cases in a court of law.

Answer 409

The final decision of the court, resolving the dispute; an opinion; an award.

Answer 410

A court's recognition of the truth of basic facts without formal evidence.

Answer 411

The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.

Answer 412

1. The legal authority of a court to hear and decide a case. 2. The geographic area over which the court has authority to decide cases.

Answer 413

The study of law and the structure of the legal system.

Answer 414

Member of the jury.

Answer 415

Additional juror impaneled in case of sickness or disability of another juror.

Answer 416

A body of persons temporarily selected from the citizens of a particular district sworn to listen to the evidence in a trial and declare a verdict on matters of fact.

Answer 417

The specific place in the courtroom where the jury sits during the trial.

Answer 418

The court officer responsible for choosing the panel of persons to serve as potential jurors for a particular court term.

Answer 419

The juror who chairs the jury during deliberations and speaks for the jury in court when announcing the verdict.

Answer 420

Trial in which a jury decides issues of fact as opposed to trial only before a judge.

Answer 421

A jury which is unable to agree on a verdict after a suitable period of deliberation.

Answer 422

Issues and claims capable of being properly examined in court.

Answer 423

A young person who has not yet attained the age at which he or she should be treated as an adult for purposes of criminal law and other legal matters.

Answer 424

The facility where juvenile offenders are held in custody.

Answer 425

A procedure by which a charge(s) against a minor is transferred from a juvenile to circuit court.

Answer 426

The taking or detaining of a person against his or her will and without lawful authority.

Answer 427

With knowledge, willfully or intentionally with respect to a material element of an offense.

Answer 428

Stealing or theft.

Answer 429

The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions, and established by local custom.

Answer 430

Persons trained in the law who assist judges in researching legal opinions.

Answer 431

An action between two or more persons in the courts of law, not a criminal matter.

Answer 432

One not trained in law.

Answer 433

One which instructs the witness how to answer or puts words in his mouth to be echoed back. One which suggests to the witness the answer desired.

Answer 434

A contract by which owner of property grants to another the right to possess, use, and enjoy it for a specified period of time in exchange for payment of an agreed price (rent).

Answer 435

Professional legal services available usually to persons or organizations unable to afford such services.

Answer 436

Recommendation for a sentence less than the maximum allowed.

Answer 437

A crime composed of some, but not all, of the elements of a greater crime; commission of the greater crime automatically includes commission of the lesser included offense.

Answer 438

Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name.

Answer 439

Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.

Answer 440

A seizure; the obtaining of money by legal process through seizure and sale of property.

Answer 441

Behavior that is obscene, lustful, indecent, vulgar.

Answer 442

Legal debts and obligations.

Answer 443

Legally responsible.

Answer 444

Published words or pictures that falsely and maliciously harm the reputation of a person. See DEFAMATION.

Answer 445

A machine which records by a needle on a graph varying emotional disturbances when answering questions truly or falsely, as indicated by fluctuations in blood pressure, respiration, or perspiration.

Answer 446

A legal claim against another person's property as security for a debt. A lien does not convey ownership of the property, but gives the lien holder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid.

Answer 447

A type of sentence where the convicted criminal is ordered to spend the rest of his or her life in prison.

Answer 448

Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.

Answer 449

A police identification procedure by which the suspect to a crime is exhibited, along with others, before the victim or witness to determine if the victim or witness can identify the suspect as the person who committed the crime.

Answer 450

A party to a lawsuit. Litigation refers to a case, controversy, or lawsuit.

Answer 451

A trust set up and in effect during the lifetime of the grantor. Also called inter vivos trust.

Answer 452

To stand idly around, particularly in a public place.

Answer 453

Putting a person to death, usually by hanging, without legal authority.

Answer 454

Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.

Answer 455

Evil doing, ill conduct; the commission of some act which is positively prohibited by law.

Answer 456

Ill will, hatred, or hostility by one person toward another which may prompt the intentional doing of a wrongful act without legal justification or excuse.

Answer 457

Willful destruction of property, from actual ill will or resentment toward its owner or possessor.

Answer 458

An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

Answer 459

Violation of a professional duty to act with reasonable care and in good faith without fraud or collusion. This term is usually applied to such conduct by doctors, lawyers, or accountants.

Answer 460

Violation of a professional duty to act with reasonable care and in good faith without fraud or collusion. This term is usually applied to such conduct by doctors, lawyers, or accountants.

Answer 461

Violation of a professional duty to act with reasonable care and in good faith without fraud or collusion. This term is usually applied to such conduct by doctors, lawyers, or accountants.

Answer 462

A judicial command or order proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree.

Answer 463

Unlawful killing of another, without malice, when the death is caused by some other unlawful act not usually expected to result in great bodily harm.

Answer 464

Unlawful killing of another, without malice, when the act is committed with a sudden extreme emotional impulse.

Answer 465

That quality of evidence which tends to influence the trier of fact because of its logical connection with the issue.

Answer 466

In criminal trial, a witness whose testimony is crucial to either the defense or prosecution.

Answer 467

A malicious injury which disables or disfigures another.

Answer 468

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

Answer 469

The wellness of a person's state of mind.

Answer 470

Strict legal rights of the parties; a decision "on the merits" is one that reaches the right(s) of a party, as distinguished from disposition of a case on a ground not reaching the right(s) raised in an action; for example, entry of nolle prosequi before a criminal trial begins is a disposition other than on the merits, allowing trial on those charges at a later time without double jeopardy attaching; similarly, dismissal of a civil action on a preliminary motion raising a technicality, such as improper service of process, does not result in res judicata of an issue.

Answer 471

Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her: specifically, the right to remain silent; that any statement made may be used against him or her; the right to an attorney; and if the person cannot afford an attorney, one will be appointed if he or she desires.

Answer 472

See MIRANDA RIGHTS.

Answer 473

A lesser offense than a felony and generally punishable by fine or limited jail time, but not in a penitentiary.

Answer 474

An invalid trial caused by some legal error. When a judge declares a mistrial, the trial must start again from the beginning, including the selection of a new jury.

Answer 475

Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Answer 476

Facts that do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Answer 477

A change, alteration, or amendment which introduces new elements into the details, or cancels some of them, but leaves the general purpose and effect of the subject-matter intact.

Answer 478

A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.

Answer 479

Immorality. An element of crimes inherently bad, as opposed to crimes bad merely because they are forbidden by statute.

Answer 480

Oral or written request made by a party to an action before, during, or after a trial asking the judge to issue a ruling or order in that party's favor.

Answer 481

Ruling or order issued by the judge denying the party's request.

Answer 482

Ruling or order issued by the judge granting the party's request.

Answer 483

Pictures taken after a suspect is taken into custody (booked), usually used as an official photograph by police officers.

Answer 484

Numerous and unnecessary attempts to litigate the same issue.

Answer 485

The unlawful killing of a human being with deliberate intent to kill.

Answer 486

Failure to exercise the degree of care that a reasonable person would use under the same circumstances.

Answer 487

One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.

Answer 488

This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict.

Answer 489

Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

Answer 490

A civil case in which parties may resolve their dispute without a formal finding of error or fault.

Answer 491

One who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record.

Answer 492

A criminal case in which the allowable penalty does not include death.

Answer 493

The form of verdict in criminal cases where the jury acquits the defendant, finds him or her not guilty.

Answer 494

The jury or the judge must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense.

Answer 495

Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

Answer 496

In practice, a notice in writing requiring the opposite party to produce a certain described paper or document at the trial, or in the course of pre-trial discovery.

Answer 497

Having no force, legal power to bind, or validity.

Answer 498

An oral (unwritten) will.

Answer 499

Written or oral pledge by a witness to speak the truth.

Answer 500

To protest to the court against an act or omission by the opposing party.

Answer 501

A protest to the court against an act or omission by the opposing party.

Answer 502

A ruling by the court upholding the act or omission of the opposing party.

Answer 503

A ruling by the court in favor of the party making the objection.

Answer 504

A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party.

Answer 505

One who commits a crime, such as a felony, misdemeanor, or other punishable unlawful act.

Answer 506

A crime, such as a felony, misdemeanor, or other punishable unlawful act.

Answer 507

Presentation of evidence to the court (out of the hearing of the jury) for the court's decision of whether the evidence is admissible.

Answer 508

Release of a person from custody without the payment of any bail or posting of bond , upon the promise to return to court.

Answer 509

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Answer 510

See OPENING ARGUMENT.

Answer 511

A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. A per curiam opinion is an unsigned opinion “of the court.”

Answer 512

Witnesses are normally required to confine their testimony to statements of fact and are not allowed to give their opinions in court. However, if a witness is qualified as an expert in a particular field, he or she may be allowed to state an opinion as an expert based on certain facts.

Answer 513

An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

Answer 514

Court order requiring to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action. In criminal cases, the defendant must show why probation should not be revoked.

Answer 515

A written or verbal command from a court directing or forbidding an action.

Answer 516

An act of legislation of a local governing body such as a city, town or county.

Answer 517

The court in which a matter must first be filed.

Answer 518

A judge's decision not to allow an objection. A decision by a higher court finding that a lower court decision was wrong.

Answer 519

See OVERRULE.

Answer 520

An open act showing the intent to commit a crime.

Answer 521

Pimping. Arranging for acts of prostitution.

Answer 522

A person with legal skills, but who is not an attorney, and who works under the supervision of a lawyer or who is otherwise authorized by law to use those legal skills.

Answer 523

A form of executive clemency preventing criminal prosecution or removing or extinguishing a criminal conviction.

Answer 524

Supervised release of a prisoner before the expiration of his or her sentence.

Answer 525

Oral or verbal evidence rather than written. The Parole Evidence Rule limits the admissibility of parole evidence which would directly contradict the clear meaning of terms of a written contract.

Answer 526

A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.

Answer 527

A government grant giving an inventor the exclusive right to make or sell his or her invention for a term of years.

Answer 528

Fatherhood.

Answer 529

Punishment, civil or criminal, generally referring to payment of money.

Answer 530

Begun, but not yet completed. Thus, an action is pending from its inception until the rendition of its final judgment.

Answer 531

A prison or place of confinement where convicted felons are sent to serve out the term of their sentence.

Answer 532

A state, for example, the People of the State of New York.

Answer 533

The right to challenge a juror without assigning a reason for the challenge.

Answer 534

A false statement given while under oath or in a sworn affidavit.

Answer 535

A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.

Answer 536

One who lives in a location for a period of time and denotes it as their official address or residence.

Answer 537

Juvenile found to have committed a status offense rather than a crime that would provide a basis for a finding of delinquency. Typical status offenses are habitual truancy, violating a curfew, or running away from home. These are not crimes, but they might be enough to place a child under supervision. In different states, status offenders might be called children in need of supervision or minors in need of supervision. See STATUS OFFENDERS.

Answer 538

Tangible physical property (such as cars, clothing, furniture, and jewelry) and intangible personal property. This does not include real property such as land or rights in land.

Answer 539

Pre-trial release based on the person's own promise that he or she will show up for trial (no bond required). Also referred to as release on own recognizance or ROR. See ON A PERSON'S OWN RECOGNIZANCE.

Answer 540

The person who administers an estate. If named in a will, that person's title is an executor . If there is no valid will, that person's title is an administrator.

Answer 541

The ordinary jury of twelve (or fewer) persons for the trial of a civil or criminal case. So called to distinguish it from the grand jury.

Answer 542

A formal, written application to the court requesting judicial action on some matter.

Answer 543

The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. The opposing party is called the respondent.

Answer 544

An offense for which the authorized penalty does not exceed imprisonment for 3 months or a fine of $500.

Answer 545

The act of taking and carrying away the personal property of another of a value usually below $100.00 with the intent to deprive the owner or possessor of it permanently.

Answer 546

To obtain customers for a whore or prostitute. One who obtains customers for a whore or prostitute.

Answer 547

A person who initiates a lawsuit against another. Also called the complainant.

Answer 548

In a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not guilty. The defendant's answer to the charges made in the indictment or information.

Answer 549

The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. Usually involves the defendant's pleading guilty to a lesser offense or to only one.

Answer 550

The written statements of fact and law filed by the parties to a lawsuit.

Answer 551

The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Answer 552

Lie detector test and the apparatus for conducting the test.

Answer 553

The presence of drugs on the accused for recreational use or for the purpose to sell.

Answer 554

To put off or delay a court hearing.

Answer 555

A will that leaves some or all estate assets to a trust established before the will-maker's death.

Answer 556

A will that leaves some or all estate assets to a trust established before the will-maker's death.

Answer 557

A will that leaves some or all estate assets to a trust established before the will-maker's death.

Answer 558

Formal authorization of a person to act in the interest of another person.

Answer 559

A previously decided case that guides the decision of future cases.

Answer 560

Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order.

Answer 561

A forejudgment, bias, a preconceived opinion.

Answer 562

Synonymous with reversible error ; an error which warrants the appellate court in reversing the judgment before it.

Answer 563

Evidence which might unfairly sway the judge or jury to one side or the other.

Answer 564

The hearing available to a person charged with a felony to determine if there is enough evidence (probable cause) to hold him for trial.

Answer 565

Another term for arraignment.

Answer 566

In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering a party to carry out a specified activity.

Answer 567

The planning of a crime preceding the commission of the act, rather than committing the crime on the spur of the moment.

Answer 568

Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it.

Answer 569

A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing decision.

Answer 570

Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. It ordinarily does not include a formal charge of crime. A presentment differs from an indictment .

Answer 571

An inference of the truth or falsity of a proposition or fact, that stands until rebutted by evidence to the contrary.

Answer 572

A hallowed principle of criminal law that a person is innocent of a crime until proven guilty. The government has the burden of proving every element of a crime beyond a reasonable doubt and the defendant has no burden to prove his innocence.

Answer 573

a rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence.

Answer 574

A child born after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children.

Answer 575

A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and make a final effort to settle the case without a trial.

Answer 576

A slang term meaning previous conviction(s) of the accused.

Answer 577

A federal or state public building or other place for the confinement of persons. It is used as either a punishment imposed by the law or otherwise in the course of the administration of justice. Also known as penitentiary, penal institution, adult correctional institution, or jail.

Answer 578

A legal right, exemption or immunity granted to a person, company or class, that is beyond the common advantages of other citizens.

Answer 579

Confidential communications to certain persons that are protected by law against any disclosure, including forced disclosure in legal proceedings. Communications between lawyer and client, physician and patient, psychotherapist and patient, priest, minister, or rabbi and penitent are typically privileged.

Answer 580

Confidential communications to certain persons that are protected by law against any disclosure, including forced disclosure in legal proceedings. Communications between lawyer and client, physician and patient, psychotherapist and patient, priest, minister, or rabbi and penitent are typically privileged.

Answer 581

Confidential communications to certain persons that are protected by law against any disclosure, including forced disclosure in legal proceedings. Communications between lawyer and client, physician and patient, psychotherapist and patient, priest, minister, or rabbi and penitent are typically privileged.

Answer 582

Mutual or successive relationships to the same right of property, or the same interest of one person with another which represents the same legal right.

Answer 583

A reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests.

Answer 584

The court-supervised process by which a will is determined to be the will-maker's final statement regarding how the will-maker wants his or her property distributed. It also confirms the appointment of the personal representative of the estate. Probate also means the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will.

Answer 585

The court with authority to supervise estate administration.

Answer 586

Estate property that may be disposed of by a will.

Answer 587

A sentence imposed for the commission of a crime whereby a convicted criminal offender is released into the community, usually under conditions and under the supervision of a probation officer, instead of incarceration. A violation of probation can lead to its revocation and to imprisonment.

Answer 588

The department that oversees the actions of probationers as well as the location of where probation officers work.

Answer 589

One who supervises a person placed on probation and is required to report the progress and to surrender the probationer if they violate the terms and conditions of the probation.

Answer 590

The method, established normally by rules to be followed in a case; the formal steps in a judicial proceeding.

Answer 591

An offer of proof as to what the evidence would be if a witness were called to testify or answer a question.

Answer 592

Any fact or evidence that leads to a judgment of the court.

Answer 593

See PROSECUTOR and DISTRICT ATTORNEY

Answer 594

A proceeding instituted and carried on in order to determine the guilt or innocence of the accused.

Answer 595

A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Answer 596

The performance or agreement to perform a sexual act for hire.

Answer 597

A court order to protect a person from further harassment, service of process, or discovery.

Answer 598

The act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.

Answer 599

An attorney appointed by a court or employed by a government agency whose work consists primarily of defending people who are unable to hire a lawyer due to economic reasons.

Answer 600

Money awarded to an injured person, over and above the measurable value of the injury, in order to punish the person who hurt him.

Answer 601

To clean or clear, such as eliminating inactive records from court files; with respect to civil contempt, to cure the noncompliance that caused the contempt finding.

Answer 602

To overthrow, to vacate, to annul or make void.

Answer 603

Authority or discretion vested in an officer whose acts partake of a judicial character.

Answer 604

A listing of all the criminal convictions against an individual.

Answer 605

Unlawful intercourse with an individual without their consent.

Answer 606

See STATUTORY RAPE.

Answer 607

The confirmation or adoption of a previous act done either by the party himself or by another.

Answer 608

Evidence given to explain, repel, counteract, or disprove facts given in evidence by the adverse party.

Answer 609

Land, buildings, and other improvements affixed to the land.

Answer 610

The degree of certainty required for a juror to legally find a criminal defendant guilty. An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt"; that state of mind of jurors in which they cannot say they feel a persisting conviction as to the truth of the charge.

Answer 611

A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of his or her own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do.

Answer 612

Evidence given to explain, counteract, or disprove facts given by the opposing counsel.

Answer 613

Cancellation by a court of a warrant before its execution by the arrest of a defendant; also, a process by which a retired judge may be asked to sit on a particular case.

Answer 614

The continued, habitual, or compulsive commission of law violations after first having been convicted of prior offenses.

Answer 615

Operation of a motor vehicle that shows a reckless disregard of possible consequences and indifference of other's rights.

Answer 616

The practice which enables an accused awaiting trial to be released without posting any security other than a promise to appear before the court at the proper time. Failure to appear in court at the proper time is a separate crime.

Answer 617

All the documents and evidence plus transcripts of oral proceedings in a case.

Answer 618

The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.

Answer 619

Opportunity to present rebuttal evidence after one's evidence has been subjected to cross- examination.

Answer 620

To set right; to remedy; to compensate; to remove the causes of a grievance.

Answer 621

A rule or order prescribed for management or government.

Answer 622

Another hearing of a civil or criminal case by the same court in which the case was originally heard.

Answer 623

Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side.

Answer 624

Evidence that helps to prove a point or issue in a case.

Answer 625

A forsaking, abandoning, renouncing, or giving over a right.

Answer 626

The act of sending a case back to the trial court and ordering the trial court to conduct limited new hearings or an entirely new trial.

Answer 627

The means by which a right is enforced or the violation of a right is prevented, redressed or compensated.

Answer 628

The reduction by a judge of the damages awarded by a jury.

Answer 629

The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.

Answer 630

An action for the recovery of a possession that has been wrongfully taken.

Answer 631

The response by a party to charges raised in a pleading by the other party.

Answer 632

An official or formal statement of facts or proceedings.

Answer 633

The party who makes an answer to a bill or other proceedings in equity; also refers to the party against whom an appeal is brought. Sometimes called an appellee.

Answer 634

A party is said to rest or rest its case when it has presented all the evidence it intends to offer.

Answer 635

Act of giving the equivalent for any loss, damage or injury.

Answer 636

A court order forbidding the defendant from doing any action or threatened action until a hearing on the application can be conducted.

Answer 637

Act of the client in employing the attorney or counsel. Also denotes the fee the client pays when he or she retains the attorney to act for him or her.

Answer 638

A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal.

Answer 639

An action of a higher court in setting aside or revoking a lower court decision.

Answer 640

An action of a higher court in setting aside or revoking a lower court decision.

Answer 641

An action of a higher court in setting aside or revoking a lower court decision.

Answer 642

A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court. See PREJUDICIAL ERROR.

Answer 643

A trust that the grantor may change or revoke.

Answer 644

To annul or make void by recalling or taking back.

Answer 645

The rights of a person guaranteed by the state or federal constitutions.

Answer 646

The act of taking money, personal property, or any other article of value that is in the possession of another done by means of force or fear.

Answer 647

An established standard, guide, or regulation.

Answer 648

An order made by a court having competent jurisdiction. Rules of court are either general or special; the former are the regulations by which the practice of the court is governed, the latter are special orders made in particular cases.

Answer 649

Standards governing whether evidence in a civil or criminal case is admissible.

Answer 650

A punitive act designed to secure enforcement by imposing a penalty for its violation. For example, a sanction may be imposed for failure to comply with discovery orders.

Answer 651

The closure of court records to inspection, except to the parties.

Answer 652

A practice whereby a person or place is searched and evidence useful in the investigation and prosecution of a crime is seized or taken. The search is conducted after an order is issued by a judge.

Answer 653

An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location.

Answer 654

In bankruptcy proceedings, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.

Answer 655

Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

Answer 656

Acts or declarations by which one implicates oneself in a crime.

Answer 657

A will whose validity does not have to be testified to in court by the witnesses to it, because the witnesses executed an affidavit reflecting proper execution of the will prior to the maker's death.

Answer 658

The judgment formally pronounced by the court or judge upon the defendant after his or her conviction by imposing a punishment to be inflicted either in the form of a fine, incarceration or probation.

Answer 659

A document containing background material on a convicted person. It is prepared to guide the judge in the imposition of a sentence. Sometimes called a pre-sentence report.

Answer 660

Two or more sentences of jail time to be served simultaneously.

Answer 661

Two or more sentences of jail time to be served in sequence.

Answer 662

A sentence postponed in which the defendant is not required to serve time unless he or she commits another crime or violates a court-imposed condition.

Answer 663

The postconviction stage in which the defendant is brought before the court for imposition of sentence.

Answer 664

Allowance ordered to be paid by one spouse to the other for support while the spouses are living apart but not divorced.

Answer 665

An arrangement whereby a husband and wife live apart from each other while remaining married either by mutual consent or by a judicial order.

Answer 666

An arrangement whereby a husband and wife live apart from each other while remaining married either by mutual consent or by a judicial order.

Answer 667

An arrangement whereby a husband and wife live apart from each other while remaining married either by mutual consent or by a judicial order.

Answer 668

An arrangement whereby a husband and wife live apart from each other while remaining married either by mutual consent or by a judicial order.

Answer 669

Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also called separation of witnesses. This prevents a witness from being influenced by the testimony of a prior witness.

Answer 670

The act of spending an allotted amount of time in a designated location such as a prison as punishment for the crime committed.

Answer 671

The delivery of a legal document, such as a complaint, summons, or subpoena, notifying a person of a lawsuit or other legal action taken against him or her. Service, which constitutes formal legal notice, must be made by an officially authorized person in accordance with the formal requirements of the applicable laws.

Answer 672

Notifying a person that he or she has been named as a party to a lawsuit or has been accused of some offense. Process consists of a summons, citation or warrant, to which a copy of the complaint is attached.

Answer 673

An agreement between parties that dictates what is being received from one party to the other.

Answer 674

The person who sets up a trust. Also called the grantor.

Answer 675

Illegal sex acts performed against a minor by a parent, guardian, relative or acquaintance.

Answer 676

Elected officer of a county whose job is to conserve peace within his or her territorial jurisdiction as well as aid in the criminal and civil court processes.

Answer 677

The willful taking and concealing of merchandise from a store or business establishment with the intention of using the goods for one's personal use without paying the purchase price.

Answer 678

An order requiring a person to appear in court and present reasons why a certain order, judgment, or decree should not be issued.

Answer 679

A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators.

Answer 680

False and defamatory spoken words tending to harm another's reputation, community standing, office, trade, business, or means of livelihood. See DEFAMATION.

Answer 681

A court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.

Answer 682

Oral or anal copulation between humans, or between humans or animals.

Answer 683

The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent.

Answer 684

A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.

Answer 685

The right of an accused to a speedy trial as guaranteed by the 6th Amendment of the United States Constitution.

Answer 686

A trust set up for the benefit of someone who the grantor believes would be incapable of managing his or her own financial affairs.

Answer 687

There are essentially three standards of proof applicable in most court proceedings. In criminal cases, the offense must be proven beyond a reasonable doubt , the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence , (more likely than not). In some civil cases, and in juvenile proceedings such as a permanent termination of parental rights, an intermediate standard applies, proof by clear and convincing evidence.

Answer 688

The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.

Answer 689

The final statements by the attorneys to the jury or court summarizing the evidence that they have established and the evidence that the other side has failed to establish. Also known as closing argument .

Answer 690

Outline or summary of the nature of the case and of the anticipated proof presented by the attorney to the jury before any evidence is submitted. Also known as opening argument .

Answer 691

Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or have committed other acts that would not be a crime if committed by an adult. They are not delinquents (in that they have not committed a crime), but are rather persons in need of supervision, minors in need of supervision, or children in need of supervision, depending on the state in which they live. Status offenders are placed under the supervision of the juvenile court. See PERSON IN NEED OF SUPERVISION.

Answer 692

A formal, written statement by legislature declaring, commanding, or prohibiting something.

Answer 693

The time within a plaintiff must begin a lawsuit (in civil cases) or a prosecutor must bring charges (in criminal cases). There are different statutes of limitations at both the federal and state levels for different kinds of lawsuits or crimes.

Answer 694

Process by which a court seeks to interpret the meaning and scope of legislation.

Answer 695

Law enacted by the legislative branch of government, as distinguished from case law or common law .

Answer 696

The unlawful sexual intercourse with a person under an age set by statute, regardless of whether they consent to the act.

Answer 697

The act of stopping a judicial proceeding by order of the court.

Answer 698

An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g., to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial.

Answer 699

A concept applied by courts in product liability cases in which a seller is liable for any and all defective or hazardous products which unduly threaten a consumer's personal safety.

Answer 700

The act of quitting work by a group of workers for the purpose of coercing their employer to accept some demand(s) they have made upon their employer who has initially refused.

Answer 701

The act of quitting work by a group of workers for the purpose of coercing their employer to accept some demand(s) they have made upon their employer who has initially refused.

Answer 702

The act of quitting work by a group of workers for the purpose of coercing their employer to accept some demand(s) they have made upon their employer who has initially refused.

Answer 703

To yield to the will of another.

Answer 704

An order of the court which requires a person to be present at a certain time and place to give testimony upon a certain matter. Failure to appear may be punishable as a contempt of court.

Answer 705

The law dealing with rights, duties, and liabilities, as contrasted with procedural law , which governs the technical aspects of enforcing civil or criminal laws.

Answer 706

To commence legal proceedings for recovery of a right.

Answer 707

Any proceeding by one person or persons against another in a court of law.

Answer 708

A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.

Answer 709

A notice to a defendant that he or she has been sued or charged with a crime and is required to appear in court. A jury summons requires the person receiving it to report for possible jury duty.

Answer 710

A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary's support.

Answer 711

To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also EXCLUSIONARY RULE.

Answer 712

A hearing on a criminal defendant's motion to prohibit the prosecutor's use of evidence alleged to have been obtained in violation of the defendant's rights. This hearing is held outside of the presence of the jury, either prior to or at trial. The judge must rule as a matter of law on the motion.

Answer 713

A bond purchased at the expense of the estate to insure the executor's proper performance. Often called a fidelity bond.

Answer 714

To maintain, to affirm, to approve.

Answer 715

To put to oath and declare as truth.

Answer 716

Capable of being perceived, especially by the sense of touch.

Answer 717

A legal document referred to in a will and used to guide the distribution of tangible personal property.

Answer 718

Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Answer 719

A judge's order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a TRO.

Answer 720

An interest in realty which passes to the tenant.

Answer 721

A will disposing of personal property. See WILL.

Answer 722

The legal ability to make a will.

Answer 723

A trust set up by a will.

Answer 724

One who has died leaving a will or one who has made a will.

Answer 725

Male person who makes a will (female: testatrix ).

Answer 726

Female person who makes a will (male: testator ).

Answer 727

To make a declaration under oath in a judicial inquiry for the purpose of establishing or proving some fact.

Answer 728

The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Answer 729

The act of stealing or the taking of property without the owner's consent.

Answer 730

A person, business, or government agency not actively involved in a legal proceeding, agreement, or transaction.

Answer 731

An action by the defendant that brings a third party into a lawsuit.

Answer 732

A sentence given by the court to a convicted criminal equal to the amount of time that the criminal was incarcerated during the trial.

Answer 733

Legal ownership of property, usually real property or automobiles.

Answer 734

A civil injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, but not founded on a contract. The most common tort action is a suit for damages sustained in an automobile accident. See EX DELICTO.

Answer 735

A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Answer 736

Actions are "transitory" when they might have taken place anywhere, and are "local" when they could occur only in some particular place.

Answer 737

Unlawful interference with one's person, property and rights.

Answer 738

A judicial examination and determination of issues between parties before a court that has jurisdiction.

Answer 739

See TRIAL, COURT (BENCH).

Answer 740

A trial where the jury is waived and the case is seen before the judge alone.

Answer 741

The Sixth Amendment of the Constitution guarantees the accused to an immediate trial in accordance with prevailing rules, regulations and proceedings of law.

Answer 742

Term includes the jury or the judge in a jury-waived trial, who have the obligation to make finding of fact rather than rulings of law.

Answer 743

See TEMPORARY RESTRAINING ORDER.

Answer 744

The endorsement made by a grand jury on a bill of indictment when it finds sufficient evidence for trial on the charge alleged.

Answer 745

A copy of a court document given under the clerk's seal, but not certified.

Answer 746

A legal device used to manage real or personal property, established by one person (the grantor or settlor) for the benefit of another (the beneficiary). A third person ( the trustee) or the grantor manages the trust.

Answer 747

The legal document that sets up a living trust. Testamentary trusts are set up in a will.

Answer 748

The person or institution that manages the property put in trust.

Answer 749

A witness whose testimony was expected to be favorable, but who later becomes an adverse witness.

Answer 750

An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party.

Answer 751

That which is contrary to or in conflict with the federal or state constitutions.

Answer 752

A person participating in a secret investigation in order to acquire information about the crime without the other party realizing their identity.

Answer 753

Whatever destroys free will and causes a person to do something he would not do if left to himself.

Answer 754

State or condition of not being employed.

Answer 755

One-sided, ex parte, or having a relation to only one of two or more persons or things.

Answer 756

The principle that one person should not be permitted to unjustly enrich himself at the expense of another, but should be required to make restitution for the property or benefit received.

Answer 757

The unjustifiable act of retaining possession without right; e.g. a tenant whose lease has expired.

Answer 758

In bankruptcy proceedings, for the purposes of filing a claim, a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.

Answer 759

Charging a higher interest rate or higher fees than the law allows.

Answer 760

To render an act void; to set aside.

Answer 761

The state or manner of living by wandering from place to place without a home, job, or means of support.

Answer 762

Willful or malicious acts that are intended to damage or destroy public or private property.

Answer 763

The proper geographical area (county, city, or district) in which a court with jurisdiction over the subject matter may hear a case.

Answer 764

The opinion of a jury, or a judge where there is no jury, on the factual issues of a case.

Answer 765

A person who is the object of a crime or civil wrongdoing.

Answer 766

A statement during sentencing which informs the sentencer of the impact of the crime on the victim or the victim's family.

Answer 767

The act of breaking, infringing, or transgressing the law.

Answer 768

The right given to a non-custodial parent to see his or her child at court appointed times.

Answer 769

A knowing and knowledgeable act to abandon, renounce or surrender a person's rights.

Answer 770

A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.

Answer 771

See WAIVE (RIGHTS).

Answer 772

Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

Answer 773

See WARRANT, ARREST.

Answer 774

An order of a court directing the sheriff or other officer to seize a particular person to answer a complaint of otherwise appear before the court.

Answer 775

A written order directing a law-enforcement officer to conduct a search of a specified place and to seize any evidence directly related to the criminal offense.

Answer 776

An instrument used or designed to be used to threaten, injure or kill someone.

Answer 777

A weapon that is carried by a person, but that is not visible by ordinary observation.

Answer 778

A weapon, device, instrument, material or substance, whether animate or inanimate, which if used as it is used or intended to be used is known to be capable of producing death or serious bodily injury.

Answer 779

The persuasiveness of certain evidence when compared with other evidence that is presented.

Answer 780

A legal declaration that disposes of a person's property when that person dies. See TESTAMENT.

Answer 781

A "willful" act is one done intentionally, as distinguished from an act done carelessly or inadvertently.

Answer 782

Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.

Answer 783

A claim or cause dismissed without prejudice may be the subject of a new lawsuit.

Answer 784

1. One who testifies to what they have seen, heard or otherwise observed. 2. (v) To subscribe one's name to a document for the purpose of authenticity.

Answer 785

The space in the courtroom occupied by a witness while testifying.

Answer 786

A non-hostile witness that is called by the defense counsel to assist in proving the defense's case.

Answer 787

A witness who is qualified by knowledge, skill, experience, training or education to provide a scientific, technical or specialized opinion of the subject about which he or she is to testify. That knowledge must generally be such as is not normally possessed by the average person.

Answer 788

A witness whose relationship to the opposing party is such that his or her testimony may be prejudiced against that party. A witness declared to be hostile may be asked leading questions and is subject to cross- examination by the party that called him or her.

Answer 789

A witness who can give testimony relating to a particular matter that very few others, if any, can give.

Answer 790

The person whose complaint commences a criminal prosecution and whose testimony is mainly relied on to secure a conviction at the trial.

Answer 791

See WORK RELEASE.

Answer 792

A correctional program which allows inmates, primarily one's being readied for discharge, to leave the institution for the purpose of continuing regular employment during the daytime but reporting back on nights and weekends.

Answer 793

A court's written order commanding the addressee to do or refrain from doing some specified act.

Answer 794

A writ to put in force the judgment or decree of a court.

Answer 795

The division of a city by legislative regulation into districts, and the design of regulations having to do with structural and architectural design and use of buildings.