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Legal Terminology-Chapter 2
Chapter 2 Key Terms
49
Law
Undergraduate 1
08/23/2008

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Term
Action
Definition
A criminal action is a lawsuit or court proceeding.
Term
Arraignment
Definition
The act of calling a prisoner before the court to answer an indictment or information.
Term
Arrest
Definition
To deprive a person of his or her liberty.
Term
Bail
Definition
Money or property left with the court to assure that the person will return to stand trial.
Term
Beyond a Reasonable Doubt
Definition
Means that the jury or the judge is fully persuaded that the accused has committed the crime.
Term
Bifurcated Trial
Definition
A trial that is divided into two parts, providing separate hearings for different issues in the same lawsuit.
Term
Citation
Definition
A written order by a judge or police officer commanding a person to appear in court for a particular purpose.
Term
Commutation of Sentence
Definition
When a sentence is changed to one that is less severe.
Term
Concurrent Sentences
Definition
When two or more sentences are to be served at the same time.
Term
Consecutive Sentences
Definition
When two or more sentences are imposed on a defendant to be served one after the other.
Term
Crime
Definition
An offense against the public at large.
Term
Criminal Complaint
Definition
A written statement of the essential facts making up the offense charged.
Term
Cumulative Sentences
Definition
When two or more sentences are imposed on a defendant to be served one after the other.(Consecutive Sentences)
Term
Defendant
Definition
The one against whom the action is brought.
Term
Fact Finder
Definition
Term
Grand Jury
Definition
A jury consisting of not more than 23 people who listen to evidence and decide whether or not to charge someone with the commission of a crime.
Term
Guilty
Definition
Having committed a crime.
Term
Not Guilty
Definition
Denies committing a crime.
Term
Inadmissible
Definition
Cannot be received as evidence in court.
Term
Indictment
Definition
A formal written charge of a crime made by a grand jury.
Term
Information
Definition
A formal written charge of crime made by a public official rather than by a grand jury.
Term
Malefactor
Definition
A person found guilty of a crime.
Term
Mandatory Sentence
Definition
A fixed sentence that must be imposed with no room for discretion.
Term
Minimum Sentence
Definition
The smallest amount of time that a prisoner must serve before being released or placed on parole.
Term
Miranda Warnings
Definition
When arrested suspects must be told that they have the following Constitutional rights:
1)Right to remain silent
2)Any statements made by them may be used against them to gain conviction.
3)They have the right to consult with a lawyer and to have a lawyer present during questioning.
4)A lawyer will be provided without cost for indigent defendants.
Term
Nolo Contendre
Definition
A plea in which the defendant neither admits nor denies charges.
Term
Pardon
Definition
A setting aside of punishment altogether by a government official.
Term
Parole
Definition
A conditional release from prison allowing the parolee to serve the remainder of a sentence outside of prison under specific terms.
Term
Parole Board
Definition
A group of people authorized to grant parole.
Term
Parole Commission
Definition
A group of people authorized to grant parole.(parole board)
Term
Parolee
Definition
Person placed on parole.
Term
Personal Recognizance
Definition
A personal obligation to return to stand trial.
Term
Plaintiff
Definition
The one who prosecutes.
Term
Plea Bargaining
Definition
A process in which the defendant pleads guilty to a lesser offense in exchange for a lighter sentence.
Term
Preliminary Hearing
Definition
A hearing before a judge to determine whether there is sufficient evidence to believe that the person has committed a crime.
Term
Probable Cause
Definition
Reasonable ground for belief that an offense has been committed.
Term
Probable Cause Hearing
Definition
A preliminary hearing.
Term
Prosecute
Definition
Brings the action.
Term
Prosecute
Definition
Term
Prosecution
Definition
A criminal action such as a lawsuit or court proceeding.
Term
Reasonable Doubt
Definition
Doubt based on reason.
Term
Rendition
Definition
A process that permits the return of fugitives to the state where they are accused of having committed a crime by the governor of the state to which they have fled.
Term
Rules of Criminal Procedure
Definition
Government criminal actions brought in federal courts.
Term
Sentence
Definition
The judgment of the court imposing punishment.
Term
Severance of Actions
Definition
Occurs when a court separates lawsuits or prosecutions involving multiple parties into separate,independent cases,resulting in a separate,final judgment.
Term
Suspended Sentence
Definition
A sentence given formally but not actually served.
Term
Victim's Impact Statement
Definition
A statement to the court at the time of sentencing,relative to the impact that the crime had on the victim or on the victim's family.
Term
Arrest Warrant
Definition
A written order of the court commanding law enforcement officers to arrest a person and bring him before the court.
Term
Fact Finder
Definition
The jury or the judge in a non jury trial.
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