Words to Study

Question 1

Bail

Answer 1

Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they comply with the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.

In some countries, especially the United States, bail usually implies a bail bond. This is money or some form of property that is deposited to the court by the suspect, in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited, and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.

Question 2

Bench Trial

Answer 2

A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial.

Question 3

Res Gestae

Answer 3

the events, circumstances, remarks, etc. which relate to a particular case, especially as constituting admissible evidence in a court of law.

Res gestae (Latin “things done”) is a term found in substantive and procedural American jurisprudence and English law. In American substantive law, it refers to the start-to-end period of a felony. In American procedural law, it refers to a former exception to the hearsay rule for statements made spontaneously or as part of an act.

Question 4

Res Gestae and Declaration

Answer 4

The Latin term res gestae literally translates to mean “things done.”Res gestae is used to refer to a declaration that is made at an event that proves the event happened because the words were uttered upon witnessing the event.

Question 5

Actus Reus

Answer 5

action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.
Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute.. Overview Act. The actus reus includes only voluntary bodily movements, particularly one which society has an interest in preventing.

Question 6

Mens Reus

Answer 6

As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and wilfulness.
A fundamental principle of Criminal Law is that a crime consists of both a mental and a physical element. Mens rea, a person’s awareness of the fact that his or her conduct is criminal, is the mental element, and actus reus, the act itself, is the physical element.

Question 7

Certiorari

Answer 7

an extraordinary writ issued by a superior court (as the Supreme Court) to call up the records of a particular case from an inferior judicial body (as a Court of Appeals)
— compare APPEAL
NOTE: Certiorari is one of the two ways to have a case from a U.S. Court of Appeals reviewed by the U.S. Supreme Court. Certification is the other. The Supreme Court may also use certiorari to review a decision by a state’s highest court when there is a question as to the validity of a federal treaty or statute, or of a state statute on constitutional grounds. Certiorari is also used within state court systems.

Question 8

Corpus Dilecti

Answer 8

[Latin, The body of the crime.] The foundation or material substance of a crime.
The phrase corpus delicti might be used to mean the physical object upon which the crime was committed, such as a dead body or the charred remains of a house, or it might signify the act itself, that is, the murder or Arson.
The corpus delicti is also used to describe the evidence that proves that a crime has been committed.

Question 9

Corpus Juris

Answer 9

a comprehensive collection of the law of a judicial system or of a country or jurisdiction.

A comprehensive collection of the law of a judicial system or of a country or jurisdiction. a comprehensive collection of the law of a judicial system or of a country or jurisdiction…

Question 10

Court of Record

Answer 10

A court whose acts and proceedings are kept on permanent record.

A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings[1] that written record (and all other evidence) is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law (for example, in some U.S. states, death penalty statutes provide that all evidence must be preserved for an extended period of time).

Question 11

Duces Tecum

Answer 11

[Bring with you] Commonly called a Subpoena Duces Tecum, a type of legal writ requiring one who has been summoned to appear in court to bring some specified item with him or her for use or examination by the court.

A person served with a subpoena duces tecum might be required to present documents, such as business records or other pieces of physical evidence, for the inspection of the court.

Question 12

Ex-Parte

Answer 12

from (by or for) [the/a] party.” An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present.
The Latin term ex parte is used in law to refer to court proceedings for the benefit of one party to a controversy, without the other being present. This is an exception to basic court procedure, which requires that both parties be present at any argument or proceeding, and that neither party may have contact with a judge without previously notifying the other party. Ex parte matters usually involve emergency requests, and often result in temporary orders pending a hearing on the matter.

Question 13

Fruit of Poisonous Tree

Answer 13

The “fruit of the poisonous tree” doctrine is an extension of the exclusionary rule, which, subject to some exceptions, prevents evidence obtained in violation of the Fourth Amendment from being admitted in a criminal trial.

Question 14

Fruits of the crime

Answer 14

Fruits of crime mean the results of a criminal act. It is the material objects acquired in consequence of commission of a crime.

Question 15

Habeas Corpus

Answer 15

Meaning literally “that you have the body” It is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

Question 16

Inchoate

Answer 16

An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is “attempt”. “Inchoate offense” has been defined as the following: “Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent.

Question 17

Inculpatory

Answer 17

It is evidence that shows, or tends to show, a person’s involvement in an act, or evidence that can establish guilt. In criminal law, the prosecution has a duty to provide all evidence to the defense, whether it favors the prosecution’s case or the defendant’s case. Evidence that tends to show a person’s innocence is considered exculpatory evidence.

For example, if a man is poisoned to death by an overdose of arsenic, and a bottle of arsenic is found in the purse of his wife, that bottle could be considered inculpatory evidence against his wife. The bottle of arsenic in his wife’s purse could also be considered exculpatory evidence, tending to show the man’s innocence as far as suicide is concerned.

Question 18

in delicto

Answer 18

At fault or responsible

Question 19

Mens Rea

Answer 19

A guilty mind. It is the mental element of a person’s intention to commit a crime; or knowledge that one’s action or lack of action would cause a crime to be committed. It is a necessary element of many crimes.

Question 20

Modus Operandi

Answer 20

A modus operandi (often shortened to M.O.) is someone’s habits of working, particularly in the context of business or criminal investigations, but also more generally. It is a Latin phrase, approximately translated as mode of operating.

procedure; method of operating

Question 21

prima facie

Answer 21

The term prima facie is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, prima facie denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact.

Question 22

Pro se

Answer 22

Pro Se litigation means legal self-representation in court without an attorney. The majority of pro se cases in the United States include bankruptcy, foreclosure, landlord/tenant issues, and domestic-relations matters such as divorce, custody and child support, and probate.

Question 23

Subpeona duces tecum

Answer 23

subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.

Question 24

Surety

Answer 24

A surety most typically requires a guarantor when the ability of the primary obligor, or principal, to perform its obligations to the obligee (counterparty) under a contract is in question or when there is some public or private interest that requires protection from the consequences of the principal’s default or delinquency.

Question 25

Writ of Certiorari

Answer 25

Certiorari, often abbreviated cert. in the United States, is a process for seeking judicial review and a writ issued by a court that agrees to review. A certiorari is issued by a superior court , directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review.

Question 26

EPO

Answer 26

An Emergency Protective Order (EPO) is a criminally enforceable court order that can be issued against the abuser following an arrest on a family violence offense. The victim is not required to be present in court when the order is issued and there is no separate application process required of the victim.

The length of time the EPO lasts will vary depending on the circumstances. The magistrate may issue the order for a minimum of 31 days and a maximum of 91 days. When a deadly weapon has been displayed, the order must be issued for a minimum of 61 days.

Question 27

Writ of Mandamus

Answer 27

An order by a court to a lesser government official to perform an act required by law, which he has refused or neglected to do. This type of court order is a remedy that may be sought if a governmental agency, public authority, or corporation in service of the government, fails or refuses to do its public or statutory duty.

Question 28

Official Misconduct

Answer 28

Improper and/or illegal acts by a public official which violate his/her duty to follow the law and act on behalf of the public good. Often such conduct is under the guise or “color” of official authority

Question 29

Official Oppression

Answer 29

A public servant acting under color of his office or employment commits an offense if he:

(1)  intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2)  intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful;  or
(3)  intentionally subjects another to sexual harassment.

Question 30

Violation of Civil Rights Act of 1964

Answer 30

The Civil Rights Act of 1964 - enacted July 2, 1964, is a landmark civil rights and U.S. labor law in the United States that outlaws discrimination based on race, color, religion, sex, or national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools, employment, and public accommodations.