Legal Terms

Question 1

Accomplice

Answer 1

A person who knowingly, voluntarily, or intentionally assists another in (or sometimes fails to prevent another from) the commission of a crime.

Question 2

Leading Question

Answer 2

A leading question is a type of questioning in which the form of the question suggests the answer.

Question 3

Mental Disease or Deficit

Answer 3

The threshold mental condition for the INSANITY defense, and in some state for the DIMINISHED CAPACITY defense.

Question 4

Nolo Contendere

Answer 4

A pleading by a criminal defendant meaning, “I will not contest” the charge. Unlike a plea of guilty, such a plea usually cannot be used against the person in subsequent proceedings.

Question 5

Burden of Proof

Answer 5

The necessity of proving a fact or facts in dispute. It consists of both the “burden of production” (the obligation of a party to provide sufficient evidence on a certain issue to avoid a DIRECTED VERDICT by the judge on that issue) and the “burden of persuasion” (the obligation of a party to persuade the factfinder of the truth of an issue, to the degree of certainty required by the STANDARD OF PROOF).

Question 6

Tort

Answer 6

An injury or wrong committed intentionally or negligently to the person or property of another. The act constituting a tort may also be a crime.

Question 7

Non Compos Mentis

Answer 7

Not of sound mind.

Question 8

Abstract of Record

Answer 8

An abbreviated history of a legal case, from the initial filing to its resolution.

Question 9

Decree

Answer 9

A decision or order of the court.

Question 10

Discovery

Answer 10

The process through which parties to an action find out, or “discover,” facts known to each other or other relevant parties. Discovery devices include but are not limited to DEPOSITIONS, INTERROGATORIES, and physical and mental examinations.

Question 11

Warrant

Answer 11

A writ issued by a magistrate or judge in a criminal case authorizing an arrest or a search.

Question 12

Standard of Proof

Answer 12

The measure of proof that the party with the BURDEN OF PROOF must meet, as in proof by a PREPONDERANCE OF EVIDENCE, or proof BEYOND A REASONABLE DOUBT.

Question 13

Least Restrictive Alternative

Answer 13

The concept is that when the government is authorized to infringe upon individual liberty, it must do so in the least drastic manner possible.

Question 14

Presumption

Answer 14

An inference of fact or law must be drawn by the factfinder upon proof of a predicate fact unless other evidence rebuts the inference. An “irrebuttal presumption” is one that cannot be so rebutted once the predicate fact is shown. For example, under common law, there was an irrebuttable presumption that children under the age of 7 cannot be criminally responsible and a rebuttable presumption that children between the ages of 7 and 14 are not responsible. In each case, age is the predicate fact that must be proven.

Question 15

Sine Qua Non

Answer 15

An indispensable requirement

Question 16

Gravamen

Answer 16

The substance of an allegation.

Question 17

Tender-Years Presumption

Answer 17

The PRESUMPTION, still recognized in some jurisdictions, that custody of children of “tender years” (i.e., below the age of two) is best given to the mother.

Question 18

Exclusionary Rule

Answer 18

A judicially created remedy designed to exclude illegally obtained evidence from a criminal trial.

Question 19

Commutation

Answer 19

A reduction in punishment as from a death sentence to life imprisonment.

Question 20

Contempt

Answer 20

Willful disobedience to or disrespect of a court or legislative body, which may result in fines, incarceration, or other penalties designed to force the action desired by the condemning agency.

Question 21

In Rem

Answer 21

With reference to things, property.

Question 22

Nunc Pro Tunc

Answer 22

Having retroactive effect.

Question 23

Dissent

Answer 23

An opinion in an appellate judicial decision that disagrees with the result in the court’s, or majority, opinion.

Question 24

Answer

Answer 24

A pleading in which the defendant in a civil case replies to the allegations made in the plaintiff’s COMPLAINTS.

Question 25

Quid Pro Quo

Answer 25

Literally, "what for what"; in law, something for something.

Question 26

Guardian

Answer 26

A person lawfully invested with the power to and charged with the duty of making personal and/or financial decisions for a person who, due to some deficiency, is considered incapable of doing so.

Question 27

Bifurcated Trial

Answer 27

A two-phase trial. One type of bifurcated trial is that in which guilt is determined in the first phase and sanity in the second phase. Another variant used, particularly in capital proceedings, is a first phase determining guilt and a second phase devoted to deciding what penalty should be imposed.

Question 28

Directed Verdict

Answer 28

A verdict entered by the trial judge in a jury trial after a determination that the jury could not rationally decide the case any other way.

Question 29

Allocution

Answer 29

The court's formal inquiry of a prisoner as to why a sentence should not be pronounced.

Question 30

Bench Trial

Answer 30

A nonjury trial.

Question 31

Sequestration

Question 32

De Jure

Answer 32

Legitimate, lawful, but not necessarily in fact. To be distinguished from DE FACTO. De jure incompetence is incompetence as a matter of law (as with a child), even if the person may not be incompetent in fact.

Question 33

Indeterminate Sentence

Answer 33

An indefinite sentence, with the minimum term usually set at the time of sentencing but the maximum term left up to parole authorities. To be distinguished from DETERMINATE SENTENCE.

Question 34

Intake Hearing

Answer 34

In juvenile court, a preliminary hearing is held for the purposes of determining what disposition of a child charged with a delinquency or status offense is appropriate; dispositions range from diversion from the juvenile court system to adjudication (trial). Usually initiated by a probation or "intake" officer.

Question 35

Transfer Hearing

Answer 35

In juvenile court, the hearing is to determine whether a juvenile should be tried in adult court. Also called a "waiver hearing."

Question 36

Police Power

Answer 36

The authority of the state to act to protect the public welfare; punishing criminal offenders is the primary exercise of this authority.

Question 37

Best Interests

Answer 37

An amorphous term, used particularly in the juvenile and guardianship contexts, connoting the optimal arrangements or actions under the totality of the circumstances.

Question 38

Affidavit

Answer 38

A written declaration or statement of facts, confirmed by oath or affirmation.

Question 39

Regulations

Answer 39

Rules of law promulgated by government agencies, as opposed to the STATUES, passed by legislatures.

Question 40

Double Jeopardy

Answer 40

The prohibition, found in common law and constitutional law, against multiple trials or punishments for the same offense.

Question 41

Ex Post Facto

Question 42

Obiter Dictum

Answer 42

A remark made incidentally or in passing by a judge.

Question 43

In Personam

Answer 43

With reference to a person.

Question 44

Adverse Witness

Answer 44

A witness for the opposing party.

Question 45

Witness

Answer 45

One who testifies as to what he or she has seen or heard.

Question 46

Peremptory Challenge

Answer 46

The right, exercisable at VOIR DIRE, to remove a person from participation on the jury for no stated reason; each side to a dispute is limited to a certain number of peremptory challenges. To be distinguished from "for cause" challenges, which are unlimited in number but require a legally recognized reason (such as evidence that the potential juror has a personal relationship with the defendant) before they can be exercised.

Question 47

Impeachment

Answer 47

An attack on the credibility of a witness.

Question 48

Adjudicatory Hearing

Answer 48

In juvenile court, the trial.

Question 48

Ad Litem

Answer 48

For the suit; for the purposes of the suit. A GUARDIAN AD LITEM is a GUARDIAN appointed to prosecute or defend a suit on behalf of a party incapacitated by infancy or otherwise.

Question 49

Mental State (Condition) at the TIme of the Offense

Answer 49

Those aspects of a criminal defendant's functioning that are relevant to INSANITY, MENS REA, AUTOMATISM, or DIMINISHED RESPONSIBILITY.

Question 50

Living Will

Answer 50

Procedure by which competent person can direct their doctors to treat them in a prescribed way if they become incompetent.

Question 51

Vicarious Liability

Answer 51

Indirect legal liability for the acts of someone under one's control. A doctor may be vicariously liable for the acts of his or her employees.

Question 52

Court of Record

Answer 52

A court whose proceedings are transcribed with a view toward appeal. To be distinguished from a court not of record, in which no transcription is taken.

Question 53

Undue Influence

Answer 53

Influence that causes a person to not act of his or her own free will.

Question 54

Venire

Answer 54

The group of individuals from which the jurors are selected.

Question 55

Standing

Answer 55

The right to litigate a given issue, usually dependent on having a property interest or some other substantial interest that might be affected by the legal resolution of the issue.

Question 56

Incomptence

Answer 56

The opposite of COMPETENCE.

Question 57

Inquisitorial System

Answer 57

A procedural system in which the judge is the principal investigator as well as the decisionmaker. To be distinguished from the ADVERSARIAL SYSTEM.

Question 58

Circuit Court of Appeal

Answer 58

In the federal judicial system, the intermediate courts of appeal.

Question 59

Capias

Answer 59

Literally, "that you take" is a blanket term referring to several types of writs that require a state official to take the person of the defendant into custody.

Question 60

Negligence

Answer 60

An act or failure to act that the "reasonable person" would not have committed or have failed to commit.

Question 61

Advisory Opinion

Answer 61

A formal opinion by a court provided at the request of a legislative body or governmental official addressing an issue not yet raised in litigation.

Question 62

Manslaughter

Answer 62

The unlawful killing of another without "malice." Voluntary manslaughter is reckless or impulsive, but still intentional, homicide; involuntary manslaughter is negligent homicide.

Question 63

Appellate Court

Answer 63

A court that reviews the decision of a lower court, focusing on that court's ruling on the proper law to apply to the case and the proper interpretation of that law. To be distinguished from a trial court.

Question 64

Summons

Answer 64

A writ directing the sheriff or other proper officer to notify the person named that an action has been commenced against him or her in the court that issued the writ and that the person is required to appear there on the named day and answer the complaint made against him or her.

Question 65

Amicus Curiae

Answer 65

Literally, a "friend of the court"; a person or organization permitted by the court to provide information to the court relevant to the subject matter before it.

Question 66

Conservatorship

Answer 66

A guardianship that in some states is limited to control over the ward's fiscal affairs, and in others (e.g., California) permits control over the ward's physical person.

Question 67

Guilty but Mentally Ill

Answer 67

A verdict in criminal cases that first enjoyed widespread popularity in the early 1980s provided the jury with a compromise between a guilty verdict and a verdict of not guilty by reason of insanity.

Question 68

Plea Bargining

Answer 68

The process by which a criminal defendant seeks a reduced charge or a recommended sentence from the prosecutor in exchange for a plea of guilty.

Question 69

Diminished Responsibility

Answer 69

Although sometimes confused with DIMINISHED CAPACITY, the term actually refers to a degree of mental impairment short of that necessary to meet the INSANITY test. It does not negate MENS REA, but it may be relevant at trial to reduce the grade of the offense or, more likely, relevant at sentencing to mitigate the severity of punishment. Also known as "partial responsibility."