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Definition
| To find a defendant not guilty in a criminal trial. |
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| An excuse that a person was somewhere else at the time a crime was committed. |
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| A request to take a case to a higher court for review and/or rehearing. |
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| A court which appeals from trial court decisions are heard. |
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| In a criminal case, the proceeding in which an accused is brought to the court to hear the charges read and to enter a plea. |
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| To take into custody; to deprive a person of liberty by legal authority. |
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| A writ or order issued by a judge, or other competent authority, to a sheriff, or other officer, requiring him or her to arrest a person therein named and bring that person before the court to answer to a specified charge. |
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| Intentionally damaging or attempting to damage any person or real property by fire or incendiary device. |
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| An intenional threat, show of force, or movement that causes a reasonable fear or or actual physical contact with another person. |
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| Money or property put up by the accused Or his agent to allow release from jail before trial. The purpose of bail is to assure the court taht the defendant will return for trial. If the defendant is present for trial, the money or property is returned. |
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| Any intentional, unlawful, physical contact inflicted on one person by another without consent. |
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| beyond a reasonable doubt |
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| The level of proof required to convict a person of a crime in the U.S. It does not mean "convinced 100%," but does mean there are no reasonable doubts as to guilt. |
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| The first ten amendments to the U.S. Constitution, which guarantee basic individual rights to all persons in the U.S. |
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| The offering, giving, receiving, or soliciting of anything of value to sway the judgment or action of a person in a position of trust or influence. |
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| In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute. |
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| The crime of breaking and entering into a structure for the purpose of committing a crime. No great force is needed (pushing a door or slipping through an open window is sufficient) if the entry is unauthorized. |
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| A criminal case in which the death sentence may be imposed. |
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| Formal accusation of having committed a criminal offense. |
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| The power of each of the three branches of government to limit the other branches' power and to prevent the abuse of power. |
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| All law that is not criminal law. |
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| At the end of the trial, the comments a lawyer makes to summarize the evidence presented. |
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| The change of a punishment from a greater degree to a lesser degree, as from death to life imprisonment. |
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| Sentences for more than one crime in which the time of each is to be served concurrently rather than successively. |
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| Successive sentences, succeeding one another in regular order. |
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| The finding that a person is guilty beyond a reasonable doubt of committing a crime. |
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| Evidence supplementary to that already given and tending to strengthen or confirm it. |
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| A lawyer or group of lawyers. |
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| The questioning of a witness in a trial, or in the taking of a deposition, by the party opposed to the one who produced the witness. |
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| A person sued or accused. |
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| The questioning of a witness by the side calling the witness to the stand. |
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| More than one prosecution for the same crime, transaction or omission. |
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| Driving while under the influence of intoxicating liquor or drugs. |
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Definition
| Law in its regular course of administration through the courts of justice. The constitutional guarantee of due process requires that every individual have the protection of a fair hearing or trial. The requirements of due process differ according to the situation, but they basically require notice and an opportunity to be heard. |
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Definition
| The act of officers or agents of a government in inducing a person to commit a crime not contemplated by him or her for the purpose of instituting a criminal prosecution against that individual. |
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| A fact presented before a court, such as a statement of a witness, an object, etc., that bears on or establishes a point in question. |
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| The surrender by one state to another of an individual accused or convicted of an offense outside its own territory and within the territorial jurisdiction. |
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Definition
| A crime sufficiently serious to be punishable by death or a term in state or federal prison, as distinguished from a misdemeanor which is only punishable by confinement to county or local jail and/or a fine. Felony is often defined as a crime carrying a minimum term of one year or more in the state prison, since a year or less can be served in county jail. |
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Definition
| The killing of someone during the commission of certain other dangerous felonies regardless of intent to kill (which is usually required for a murder charge). |
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Definition
| The false making or material altering with intent to defraud of any writing which, if genuine, might be the foundation of a legal liability. |
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Definition
| Intentional falsification of the truth for the purpose of inducing another person or entity to part with something of value or a legal right. |
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| A body of persons sworn to inquire into a crime and bring an accusation (indictment) against the suspected criminal if warranted. |
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Definition
| An in-court proceeding before a judge, generally open to the public. |
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Definition
| An accusation in writing found and issued by a grand jury, charging that a person named has done some act, or is guilty of some omission, which by law is a crime. |
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Definition
| A jury of 12 (or fewer) persons, selected according to law, who are sworn to inquiry of certain matters of fact, and to declare the truth upon evidence laid before them. |
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Definition
| The unlawful taking, carrying, leading, or riding away of property from the possession of another. |
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Definition
| A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another. |
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| Evil doing; ill conduct; the commission of some act, especially by a public official, which is positively prohibited by law. |
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| The unlawful killing of another without malice. It may be voluntary, upon a sudden impulse, or involuntary, in the commission of some unlawful act. |
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Definition
| Offenses less than felonies, generally those punishable by a fine or imprisonment otherwise than in penitentiaries. |
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Definition
| One which does not constitue a justification or excuse for an offense, but which may be considered as reducing the degree of moral culpability, as used in death penalty considerations. |
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Definition
| The unlawful killing of a human being by another with malice and forethought, either expressed or implied. |
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| The failure to do something which a reasonable person, guided by ordinary considerations, would do; the doing of something which a reasonable and prudent person would not do. |
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Definition
| At the start of a trial, one side's explanation of what it expects to prove and how it intends to prove it. |
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Definition
| The conditional release of a convict from prison before the expiration of his or her sentence. If he or she meets the conditions, the parolee does not have to serve the remainder of the sentence. |
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Definition
| The person who brings an action; the party who complains or sues in a personal action and is so named on the record. |
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Term
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Definition
| A defendant's official statement of "guilty" or "not guilty" to the charges made against him or her. |
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Term
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Definition
| Previously-decided case which is recognized as an authority for determining future cases involving the same issue. |
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Term
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Definition
| The hearing given a person charged with a crime to determine whether he or she should be held for trial. |
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Term
| preponderance of evidence |
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Definition
| Greater weight of evidence, or evidence which is more credible and convincing to the mind, not necessarily the greater number of witnesses; the standard proof usually required in civil actions. |
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Term
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Definition
| A constitutionally prescribed standard of proof; a reasonable ground for belief in the existence of certain facts. |
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Definition
| In modern criminal administration, allowing a person convicted of an offense (partially juvenile offenders) to go at large under a suspension of sentence, during good behavior, and generally under the supervision or guardianship of a probation officer. |
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Definition
| A lawyer who represents the government in bringing legal proceedings against an alleged wrong-doer. |
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Definition
| Engaging in or promoting sexual activities for a profit. |
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Definition
| A lawyer employed by the government to represent a person accused of a crime who cannot afford a lawyer for his or her defense. |
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Definition
| 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 an abiding conviction as to the truth of the charge. |
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Definition
| Act of giving the equivalent for any loss, damage, or injury. |
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Definition
| Using force, the threat of force, violence, or immediate physical harm to take or attempt to take anything of value from another person. |
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Definition
| An order in writing, issued by a judge in the name of the state, directing an officer to search a specified house or other premises for stolen property; usually required as a condition precedent to a legal search and seizure. |
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Term
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Definition
| The protection of one's person or property against some injury attempted by another. The law of "self-defense" justifies an act done in the reasonable belief of immediate danger. When acting in justifiable self-defense, a person may not be punished criminally nor held responsible for civil damages. |
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Definition
| Judgment formally pronounced by a judge upon a defendant after his or her conviction in a criminal or civil prosecution. |
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Term
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Definition
| A process to cause a witness to appear and give testimony and/or produce documents or records before a court. |
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Definition
| Evidence given by a competent witness, under oath, as distinguished from evidence derived from writings and other sources. |
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Term
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Definition
| In practice, the formal and unanimous decision or finding made by a jury, reported to the court, and accepted by it. |
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Definition
| One who testifies to what he or she has seen, heard, or otherwise observed or concluded from observations. |
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Term
| What is the purpose of the civil justice system and what does it protect? |
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Definition
| It regulates the way people treat each other, so individuals will not be finacially harmed or have their reputations hurt by others. |
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Term
| What is the purpos of the criminal justice system and what does it protect? |
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Definition
| It protects the public by regulating actions (crimes) that harm society. |
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Term
| What types of cases are heard in the civil justice system? |
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Definition
| Lawsuits to recover damages suffered in a car accident or other grievances related to negligence, contracts, real estate, insurance, consumer protection, and divorce. |
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Term
| What types of cases are heard in the criminal justice system? |
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Definition
| Misdemeanors (less serious crimes, such as minor traffic violations) and felonies (such as murder and distributing illegal drugs). |
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Term
| Who are the parties in a civil case? |
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Definition
| The person accused of wrong-doing is the defendant. The plaintiff is the person who claims to have been harmed and who initiates the lawsuit. |
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Term
| Who are the parties in a criminal case? |
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Definition
| The prosecutor, who represents the government, brings the charges against the defendant, the person accused of the crime. |
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Term
| What standard of proof is required in a civil case, and who must prove it? |
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Definition
| The plaintiff must usually prove by a preponderance of evidence that the defendant is liable for the "harm" the plaintiff suffered. |
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Term
| What standard of proof is required in a criminal case, and who must prove it? |
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Definition
| The prosecutor must prove the defendant to be guilty of a crime beyond a reasonable doubt. |
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Term
| What are the penalties in a civil case? |
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Definition
| The defendant may have to pay money (damages) to compensate the plaintiff or stop his or her actions. |
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Term
| What are the penalties in a criminal case? |
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Definition
| The defendant may have to serve time in a jail or prison, pay a fine, do community service, or complete probation. |
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Term
| Which Amendments help ensure fair trials in a civil case, and what do they state? |
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Definition
| The Seventh Amendment gives plaintiffs and defendants the right to a trial by jury, if they request it. |
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Term
| Which Amendments help ensure fair trials in a criminal case, and what do they state? |
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Definition
| The Fourth Amendment protects defendants from having illegally seized evidence used against them in trials. The Fifth Amendment gives defendants the right to grand jury proceedings and protections against double jeopardy and self-incrimination. The Sixth Amendment gives defendants the right to a speedy and public trial, the right to confront and cross-examine witnesses, the right to compel witnesses to testify, and the right to assistance from a lawyer. The Eighth Amendment protects defendants from cruel and unusual punishment. |
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Definition
| Ensures freedom of religion, speech, press, peaceful assembly, and the right to petition the government for a redress of grievances. |
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Definition
| Ensures the right to a well-regulated militia and the right of the people to keep and bear arms. |
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Definition
| Ensures the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, unless there is a search warrant that describes the place to be searched and the things to be seized, or probable cause to enter. |
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Definition
| Ensures that no one will be held for a capital crime unless on a presentment or indictment of a grand jury, that no one can be subject for the same offense twice, that no one can be a witness against himself, that no one can be deprived of life, liberty, or property without due process of law, and that no one's private property can be taken for public use without just compensation. |
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Definition
| Ensures the right to a speedy and public trial by an impartial (unbiased) jury, the right to be informed of the nature and cause of the accusation, the right to confront the witnesses against him or her, the right to obtain witnesses in his or her favor, and the right to have the assistance of counself for his or her defense. |
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Definition
| Ensures that excessive bail shall not be required, nor excessive fines imposed, nor any cruel and unusual punishments inflicted. |
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