Words to Know

A

Accessory
Aiding or contributing in a secondary way to a crime or assisting in or contributing to a crime.
Accomplice
One who knowingly and voluntarily helps commit a crime.
Acquittal
When a person who has been charged with committing a crime is found not guilty by the courts.
Admissible
A term used to describe information that is allowed to be used as evidence or information in a court case.
Adultery
Voluntary sexual relations between an individual who is married and someone who is not the individual's spouse.
Affidavit
A written statement of facts voluntarily made by someone in front of an official or witness.
Affirmative action
Employment programs required by the federal government designed to eliminate existing and continuing discrimination, to remedy lingering effects of past discrimination, and to create systems and procedures to prevent future discrimination; commonly based on population percentages of minority groups in a particular area. Factors considered are race, color, sex, creed (religious beliefs), and age.
Age of consent
The age at which a person may marry without parental approval.
Age of majority
The age at which a person, formerly a minor or an infant, is recognized by law to be an adult, capable of managing his or her own affairs and responsible for any legal obligations created by his or her actions.
Aggravated assault
A person is guilty of aggravated assault if he or she tries to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly without any concern for that person or without remorse.
Alien
Foreign-born person who has not been naturalized to become a U.S. citizen under federal law and the Constitution.
Alimony
Payment a family court may order one person in a couple to make to the other when the couple separates or divorces.
Amendment
An addition, deletion, or change to an original item, such as the additions to the Constitution.
Amicus curiae
Latin for "friend of the court"; a person with strong interest in, views on, or knowledge of the subject matter of a case, but is not a party to the case. A friend of the court may petition the court for permission to file a statement about the situation.
Amnesty
The action of a government by which all persons or certain groups of persons who have committed a criminal offense—usually of a political nature that threatens the government (such as treason)—are granted immunity from prosecution.
Appeal
Timely plea by an unsuccessful party in a lawsuit to an appropriate superior court that has the power to review a final decision on the grounds that the decision was made in error.
Appellate court
A court having jurisdiction to review decisions of a lower court.
Apportionment
The process by which legislative seats are distributed among those who are entitled to representation; determination of the number of representatives that each state, county, or other subdivision may send to a legislative body.
Arbitration
Taking a dispute to an unbiased third person and agreeing in advance to comply with the decision made by that third person, after both parties have had a chance to argue their side of the issue.
Arraignment
The formal proceeding where the defendant is brought before the trial court to hear the charges against him or her and to enter a plea of guilty, not guilty, or no contest.
Arrest
The taking into custody of an individual for the purpose of answering the charges against him or her.
Arrest warrant
A written order issued by an authority of the state and commanding that the person named be taken into custody.
Arson
The malicious burning or exploding of a house, building, or property.
Assault
Intentionally harming another person.
Attempt
Unsuccessfully preparing and trying to carry out a deed.

B

Bail
An amount of money the defendant needs to pay the court to be released while waiting for a trial.
Bankruptcy
A federally authorized procedure by which an individual, corporation, or municipality is relieved of total liability for its debts by making arrangements for the partial repayment of those debts.
Battery
An intentional, unpermitted act causing harmful or offensive contact with another person.
Beneficiary
One who inherits something through the last will and testament (will) of another; also, a person who is entitled to profits, benefits, or advantage from a contract.
Bigamy
The offense of willfully and knowingly entering into a second marriage while married to another person.
Bill
A written declaration that one hopes to have made into a law.
Bill of rights
The first ten amendments to the U.S. Constitution, ratified (adopted by the states) in 1791, which set forth and guaranteed certain fundamental rights and privileges of individuals, including freedom of religion, speech, press, and assembly; guarantee of a speedy jury trial in criminal cases; and protection against excessive bail and cruel and unusual punishment.
Black codes
Laws, statutes, or rules that governed slavery and segregation of public places in the South prior to 1865.
Bona fide occupational qualification
An essential requirement for performing a given job. The requirement may even be a physical condition beyond an individual's control, such as perfect vision, if it is absolutely necessary for performing a job.
Brief
A summary of the important points of a longer document.
Burden of proof
The duty of a party to convince a judge or jury of their position, and to prove wrong any evidence that damages the position of the party. In criminal cases the party must prove their case beyond a reasonable doubt.
Burglary
The criminal offense of breaking and entering a building illegally for the purpose of committing a crime.
Bylaws
The rules and regulations of an association or a corporation to provide a framework for its operation and management.

C

Capacity
The ability, capability, or fitness to do something; a legal right, power, or competency to perform some act. An ability to comprehend both the nature and consequences of one's acts.
Capital punishment
The lawful infliction of death as a punishment; the death penalty.
Cause
A reason for an action or condition. A ground of a legal action.
Censorship
The suppression of speech or writing that is deemed obscene, indecent, or controversial.
Certiorari
Latin for "to be informed of"; an order commanding officers of inferior courts to allow a case pending before them to move up to a higher court to determine whether any irregularities or errors occurred that justify review of the case. A device by which the Supreme Court of the United States exercises its discretion in selecting the cases it will review.
Change of venue
The removal of a lawsuit from one county or district to another for trial, often permitted in criminal cases in which the court finds that the defendant would not receive a fair trial in the first location because of negative publicity.
Charter
A grant from the government of ownership rights of land to a person, a group of people, or an organization, such as a corporation.
Circumstantial evidence
Information and testimony presented by a party in a civil or criminal case that allows conclusions to be drawn about certain facts without the party presenting concrete evidence to support their facts.
Citation
A paper commonly used in various courts that is served upon an individual to notify him or her that he or she is required to appear at a specific time and place.
Citizens
Those who, under the Constitution and laws of the United States, owe allegiance to the United States and are entitled to the enjoyment of all civil rights awarded to those living in the United States.
Civil law
A body of rules that spell out the private rights of citizens and the remedies for governing disputes between individuals in such areas as contracts, property, and family law.
Civil liberties
Freedom of speech, freedom of press, freedom from discrimination, and other rights guaranteed and protected by the Constitution, which were intended to place limits on government.
Civil rights
Personal liberties that belong to an individual.
Class action
A lawsuit that allows a large number of people with a common interest in a matter to sue or be sued as a group.
Clause
A section, phrase, paragraph, or segment of a legal document, such as a contract, deed, will, or constitution, that relates to a particular point.
Closing argument
The final factual and legal argument made by each attorney on all sides of a case in a trial prior to the verdict or judgment.
Code
A collection of laws, rules, or regulations that are consolidated and classified according to subject matter.
Collective bargaining agreement
The contractual agreement between an employer and a labor union that controls pay, hours, and working conditions for employees which can be enforced against both the employer and the union for failure to comply with its terms.
Commerce Clause
The provision of the U.S. Constitution that gives Congress exclusive power over trade activities between the states and with foreign countries and Native American tribes.
Commercial speech
The words used in advertisments by commercial companies and service providers. Commercial speech is protected under the First Amendment as long as it is not false or misleading.
Common law
The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons and property, Common laws derive their authority from the community customs and traditions that evolved over the centuries as interpreted by judicial tribunals (types of courts).
Common-law marriage
A union of two people not formalized in the customary manner but created by an agreement by the two people to consider themselves married followed by their living together.
Community property
The materials and resources owned in common by a husband and wife.
Complaint
The possible evidence that initiates a civil action; in criminal law, the document that sets in motion a person's being charged with an offense.
Concurring opinion
An opinion by one or more judges that provides separate reasoning for reaching the same decision as the majority of the court.
Conditional
Subject to change; dependent upon the occurrence of a future, uncertain event.
Confession
A statement made by an individual that acknowledges his or her guilt of a crime.
Conflict of interest
A term used to describe the situation in which a public official exploits his or her position for personal benefit.
Consent
Voluntary agreement to the proposal of another; the act or result of reaching an agreement.
Conspiracy
An agreement between two or more persons to engage in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by those participating.
Constituent
A person who gives another person permission to act on his or her behalf, such as an agent, an attorney in a court of law, or an elected official in government.
Constitution of the United States
A document written by the founding fathers of the United States that has been added to by Congress over the centuries that is held as the absolute rule of action and decision for all branches and offices of the government, and which all subsequent laws and ordinances must be in accordance. It is enforced by representatives of the people of the United States, and can be changed only by a constitutional amendment by the authority that created it.
Contempt
An act of deliberate disobedience or disregard for the laws or regulations of a public authority, such as a court or legislative body.
Continuance
The postponement of an action pending (waiting to be tried) in a court to a later date, granted by a court in response to a request made by one of the parties to a lawsuit.
Corporations
Business entities that are treated much like human individuals under the law, having legally enforceable rights, the ability to acquire debt and pay out profits, the ability to hold and transfer property, the ability to enter into contracts, the requirement to pay taxes, and the ability to sue and be sued.
Counsel
An attorney or lawyer.
Court of appeal
An intermediate court of review that is found in thirteen judicial districts, called circuits, in the United States. A state court of appeal reviews a decision handed down by a lower court to determine whether that court made errors that warrant the reversal of its final decision.
Covenant
An agreement, contract, or written promise between two individuals that frequently includes a pledge to do or refrain from doing something.
Criminal law
A body of rules and statutes that defines behavior prohibited by the government because it threatens and/or harms public safety, and establishes the punishments to be given to those who commit such acts.
Cross-examination
The questioning of a witness or party during a trial, hearing, or deposition by the opposing lawyer.
Cruel and unusual punishment
Such punishment as would amount to torture or barbarity, any cruel and degrading punishment, or any fine, penalty, confinement, or treatment so disproportionate to the offense as to shock the moral sense of the community.
Custodial parent
The parent to whom the court grants guardianship of the children after a divorce.

D

Death penalty
See Capital punishment.
De facto
Latin for "in fact"; in deed; actually.
Defamation
Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or causes hostile or disagreeable opinions or feelings against a person.
Defendant
The person defending or denying; the party against whom recovery is sought in an action or suit, or the accused in a criminal case.
Defense
The forcible reaction against an unlawful and violent attack, such as the defense of one's person, property, or country in time of war.
De jure
Latin for "in law"; legitimate; lawful, as a matter of law. Having complied with all the requirements imposed by law.
Deliberate
Willful; purposeful; determined after thoughtful evaluation of all relevant factors. To act with a particular intent, which is derived from a careful consideration of factors that influence the choice to be made.
Delinquent
An individual who fails to fulfill an obligation or otherwise is guilty of a crime or offense.
Domestic partnership laws
Legislation and regulations related to the legal recognition of nonmarital relationships between persons who are romantically involved with each other, have set up a joint residence, and have registered with cities recognizing said relationships.
Denaturalization
To take away an individual's rights as a citizen.
Deportation
Banishment to a foreign country, attended with confiscation of property and deprivation of civil rights.
Deposition
The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney's office.
Desegregation
Judicial mandate making illegal the practice of segregation.
Disclaimer
The denial, refusal, or rejection of a right, power, or responsibility.
Discrimination
The grant of particular privileges to a group randomly chosen from a large number of people in which no reasonable difference exists between the favored and disfavored groups. Federal laws prohibit discrimination in such areas as employment, housing, voting rights, education, access to public facilities, and on the bases of race, age, sex, nationality, disability, or religion.
Dismissal
A discharge of an individual or corporation from employment.
Dissent
A disagreement by one or more judges with the decision of the majority on a case before them.
Divorce
A court decree that terminates a marriage; also known as marital dissolution.
Double jeopardy
A second prosecution for the same offense after acquittal or conviction or multiple punishments for the same offense. The evil sought to be avoided by prohibiting double jeopardy is double trial and double conviction, not necessarily double punishment.
Draft
A mandatory call of persons to serve in the military.
Due process of law
A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, random, or without consideration for general well-being.
Duress
Unlawful pressure exerted upon a person to force that person to perform an act that he or she ordinarily would not perform.

E

Emancipation
The act or process by which a person is liberated from the authority and control of another person.
Entrapment
The act of government agents or officials that causes a person to commit a crime he or she would not have committed otherwise.
Equal Pay Act
Federal law that commands the same pay for all persons who do the same work without regard to sex, age, race, or ability.
Equal protection
The constitutional guarantee that no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances in their lives, liberty, property, and pursuit of happiness.
Establishment Clause
The provision in the First Amendment that provides that there will be no laws created respecting the establishment of a religion, inhibiting the practice of a religion, or giving preference to any or all religions. It has been interpreted to also denounce the discouragement of any or all religions.
Euthanasia
The merciful act or practice of terminating the life of an individual or individuals inflicted with incurable and distressing diseases in a relatively painless manner.
Exclusionary rule
The principle based on federal constitutional law that evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.
Executive agreement
An agreement made between the head of a foreign country and the president of the United States. This agreement does not have to be submitted to the Senate for consent, and it supersedes any contradicting state law.
Executive orders
When the president uses some part of a law or the Constitution to enforce some action.
Executor
The individual legally named by a deceased person to administer the provisions of his or her will.
Ex parte
Latin for "on one side only"; done by, for, or on the application of one party alone.
Expert witness
A witness, such as a psychological statistician or ballisticsexpert, who possesses special or superior knowledge concerning the subject of his or her testimony.
Ex post facto laws
Latin for "after-the-fact laws"; laws that provide for the infliction of punishment upon a person for some prior act that, at the time it was committed, was not illegal.
Extradition
The transfer of a person accused of a crime from one state or country to another state or country that seeks to place the accused on trial.

F

Family court
A court that presides over cases involving: (1) child abuse and neglect; (2) support; (3) paternity; (4) termination of custody due to constant neglect; (5) juvenile delinquency; and (6) family offenses.
Federal
Relating to a national government, as opposed to state or local governments.
Federal circuit courts
The twelve circuit courts making up the U.S. Federal Circuit Court System. Decisions made by the federal district courts can be reviewed by the court of appeals in each circuit.
Federal district courts
The first of three levels of the federal court system, which includes the U.S. Court of Appeals and the U.S. Supreme Court. If a participating party disagrees with the ruling of a federal district court in its case, it may petition for the case to be moved to the next level in the federal court system.
Felon
An individual who commits a felony, a crime of a serious nature, such as burglary or murder.
Felony
A serious crime, characterized under federal law and many state statutes as any offense punishable by death or imprisonment in excess of one year.
First degree murder
Murder committed with deliberately premeditated thought and malice, or with extreme atrocity or cruelty. The difference between first and second degree murder is the presence of the specific intention to kill.
Fraud
A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.
Freedom of assembly
See Freedom of association.
Freedom of association
The right to associate with others for the purpose of engaging in constitutionally protected activities, such as to peacefully assemble.
Freedom of religion
The First Amendment right to individually believe and to practice or exercise one's religious belief.
Freedom of speech
The right, guaranteed by the First Amendment to the U.S. Constitution, to express beliefs and ideas without unwarranted government restriction.
Freedom of the press
The right, guaranteed by the First Amendment to the U.S. Constitution, to gather, publish, and distribute information and ideas without government restriction; this right encompasses freedom from prior restraints on publication and freedom from censorship.
Fundamental rights
Rights that derive, or are implied, from the terms of the U.S. Constitution, such as the Bill of Rights, the first ten amendments to the Constitution.

G

Gag rule
A rule, regulation, or law that prohibits debate or discussion of a particular issue.
Grandfather clause
A portion of a statute that provides that the law is not applicable in certain circumstances due to preexisting facts.
Grand jury
A panel of citizens that is convened by a court to decide whether it is appropriate for the government to indict (proceed with a prosecution against) someone suspected of a crime.
Grand larceny
A category of larceny—the offense of illegally taking the property of another—in which the value of the property taken is greater than that set for petit larceny.
Grounds
The basis or foundation; reasons sufficient in law to justify relief.
Guardian
A person lawfully invested with the power, and charged with the obligation, of taking care of and managing the property and rights of a person who, because of age, understanding, or lack of self-control, is considered incapable of administering his or her own affairs.
Guardian ad litem
A guardian appointed by the court to represent the interests of infants, the unborn, or incompetent persons in legal actions.

H

Habeas corpus
Latin for "you have the body"; a writ (court order) that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner's release.
Hate crime
A crime motivated by race, religion, gender, sexual orientation, or other prejudice.
Hearing
A legal proceeding in which issues of law or fact are tried and evidence is presented to help determine the issue.
Hearsay
A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted.
Heir
An individual who receives an interest in, or ownership of, land or tenements from an ancestor who died through the laws of descent and distribution. At common law, an heir was the individual appointed by law to succeed to the estate of an ancestor who died without a will. It is commonly used today in reference to any individual who succeeds to property, either by will or law.
Homicide
The killing of one human being by another human being.
Hung jury
A trial jury selected to make a decision in a criminal case regarding a defendant's guilt or innocence that is unable to reach a verdict due to a complete division in opinion.

I

Immunity
Exemption from performing duties that the law generally requires other citizens to perform, or from a penalty or burden that the law generally places on other citizens.
Impeachment
A process used to charge, try, and remove public officials for misconduct while in office.
Inalienable
Not subject to sale or transfer; inseparable.
Incapacity
The absence of legal ability, competence, or qualifications.
Income tax
A charge imposed by government on the annual gains of a person, corporation, or other taxable unit derived through work, business pursuits, investments, property dealings, and other sources determined in accordance with the Internal Revenue Code or state law.
Indictment
A written accusation charging that an individual named therein has committed an act or admitted to doing something that is punishable by law.
Indirect tax
A tax upon some right, privilege, or corporation.
Individual rights
Rights and privileges constitutionally guaranteed to the people as set forth by the Bill of Rights; the ability of a person to pursue life, liberty, and property.
Infant
Persons who are under the age of the legal majority—at common law, twenty-one years, now generally eighteen years. According to the sense in which this term is used, it may denote the age of the person, the contractual disabilities that nonage entails, or his or her status with regard to other powers or relations.
Inherent rights
Rights held within a person because he or she exists.
Inheritance
Property received from a person who has died, either by will or through state laws if the deceased has failed to execute a valid will.
Injunction
A court order by which an individual is required to perform or is restrained from performing a particular act. A writ framed according to the circumstances of the individual case.
In loco parentis
Latin for "in the placeof a parent"; the legal doctrine under which an individual assumes parental rights, duties, and obligations without going through the formalities of legal adoption.
Insanity defense
A defense asserted by an accused in a criminal prosecution to avoid responsibility for a crime because, at the time of the crime, the person did not comprehend the nature or wrongfulness of the act.
Insider
Relating to the federal regulation of the purchase and sale of stocks and bonds, anyone who has knowledge of facts not available to the general public.
Insider trading
The trading of stocks and bonds based on information gained from special private, privileged information affecting the value of the stocks and bonds.
Intent
A determination to perform a particular act or to act in a particular manner for a specific reason; an aim or design; a resolution to use a certain means to reach an end.
Intermediate courts
Courts with general ability or authority to hear a case (trial, appellate, or both) but are not the court of last resort within the jurisdiction.
Intestate
The description of a person who dies without making a valid will.
Involuntary manslaughter
The act of unlawfully killing another human being unintentionally.
Irrevocable
Unable to cancel or recall; that which is unalterable or irreversible.

J

Judicial
Relating to courts and the legal system.
Judicial discretion
Sound judgment exercised by a judge in determining what is right and fair under the law.
Judicial review
A court's authority to examine an executive or legislative act and to invalidate (cancel) that act if it opposes constitutional principles.
Jurisdiction
The geographic area over which authority (such as a cout) extends; legal authority.
Jury
In trials, a group of people selected and sworn to inquire into matters of fact and to reach a verdict on the basis of evidence presented to it.
Jury nullification
The ability of a jury to acquit the defendant despite the amount of evidence against him or her in a criminal case.
Just cause
A reasonable and lawful ground for action.
Justifiable homicide
The killing of another in self-defense or in the lawful defense of one's property; killing of another when the law demands it, such as in execution for a capital crime.
Juvenile
A young individual who has not reached the age whereby he or she would be treated as an adult in the area of criminal law. The age at which the young person attains the status of being a legal majority varies from state to state—as low as fourteen years old, as high as eighteen years old; however, the Juvenile Delinquency Act determines that a youthful person under the age of eighteen is a juvenile in cases involving federal jurisdiction.
Juvenile court
The court presiding over cases in which young persons under a certain age, depending on the area of jurisdiction, are accused of criminal acts.
Juvenile delinquency
The participation of a youthful individual, one who falls under the age at which he or she could be tried as an adult, in illegal behavior.

L

Larceny
The unauthorized taking and removal of the personal property of another by a person who intends to permanently deprive the owner of it; a crime against the right of possession.
Legal defense
A complete and acceptable response as to why the claims of the plaintiff should not be granted in a point of law.
Legal tender
All U.S. coins and currencies—regardless of when coined or issued—including (in terms of the Federal Reserve System) Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations that are used for all public and private debts, public charges, taxes, duties, and dues.
Legislation
Lawmaking; the preparation and enactment of laws by a legislative body.
Liability
A comprehensive legal term that describes the condition of being actually or potentially subject to (responsible for) a legal obligation.
Libel and slander
The communication of false information about a person, a group, or an entity, such as a corporation. Libel is any defamation that can be seen, such as in print or on a film or in a representation such as a statued. Slander is any defamation that is spoken and heard.
Litigation
An action brought in court to enforce a particular right; the act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.
Living will
A written document that allows a patient to give explicit instructions about medical treatment to be administered when the patient is terminally ill or permanently unconscious; also called an advance directive.
Lobbying
The process of influencing public and government policy at all levels: federal, state, and local.

M

Magistrate
Any individual who has the power of a public civil officer or inferior judicial officer, such as a justice of the peace.
Majority
Full age; legal age; age at which a person is no longer a minor. The age at which, by law, a person is capable of being legally responsible for all of his or her acts (i.e., contractual obligations) and is entitled to manage his or her own affairs and to the enjoy civic rights (i.e., right to vote). Also the status of a person who is a major in age.
Malice
The intentional commission of a wrongful act, without justification, with the intent to cause harm to others; conscious violation of the law that injures another individual; a mental state indicating a disregard of social responsibility.
Malpractice
When a professional, such as a doctor or lawyer, fails to carry out their job correctly and there are bad results.
Mandate
A judicial command or order from a court.
Manslaughter
The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, or malice.
Material
Important; significant; substantial. A description of the quality of evidence that possesses such value as to establish the truth or falsity of a point in issue in a lawsuit.
Mediation
Settling a dispute or controversy by setting up an independent person between the two parties to help them settle their disagreement.
Minor
An infant or person who is under the age of legal competence. In most states, a person is no longer a minor after reaching the age of eighteen (though state laws might still prohibit certain acts until reaching a greater age; i.e., purchase of liquor).
Misdemeanor
Offenses lower than felonies and generally those punishable by fine, penalty, or imprisonment other than in a penitentiary.
Mistrial
A courtroom trial that has been ended prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid trial. It differs from a new trial, which recognizes that a trial was completed but was set aside so that the issues could be tried again.
Mitigating circumstances
Circumstances that may be considered by a court in determining responsibility of a defendant or the extent of damages to be awarded to a plaintiff. Mitigating circumstances do not justify or excuse an offense but may reduce the charge.
Monopoly
An economic advantage held by one or more persons or companies because they hold the exclusive power to carry out a particular business or trade or to manufacture and sell a particular task or produce a particular product.
Moratorium
A suspension (ending) of activity or an authorized period of delay or waiting. A moratorium is sometimes agreed upon by the interested parties, or it may be authorized or imposed by operation of law.
Motion
A written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant.
Motive
An idea, belief, or emotion that causes a person to act in a certain way, either good or bad.
Murder
The unlawful killing of another human being without justification or excuse.

N

National origin
The country in which a person was born or from which his or her ancestors came. One's national origin is typically calculated by employers to provide equal employment opportunity statistics in accordance with the provisions of the Civil Rights Act.
Naturalization
A process by which a person gains nationality and becomes entitled to the privileges of citizenship. While groups of individuals have been naturalized in history by treaties or laws of Congress, such as in the case of Hawaii, typically naturalization occurs on the individual level upon the completion of a list of requirements.
Necessary and Proper Clause
The statement contained in Article I, Section 8, Clause 18 of the U.S. Constitution that gives Congress the power to pass any laws that are necessary and proper to carrying out its specifically granted powers.
Negligence
Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.
Nonprofit
A corporation or an association that conducts business for the benefit of the general public rather than to gain profits for itself.
Notary public
A public official whose main powers include administering oaths and witnessing signatures, both important and effective ways to minimize fraud in legal documents.

O

Obscenity
An act, spoken word, or item tending to offend public morals by its indecency or lewdness.
Ordinance
A law, statute, or regulation enacted by a municipality.

P

Palimony
The settlement awarded at the end of a non-marital relationship, where the couple lived together for a long period of time and where there was an agreement that one partner would support the other in return for the second making a home and performing domestic duties.
Pardon
When a person in power, such as a president or governor, offers a formal statement of forgivenss for a crime and takes away the given punishment.
Parental liability
A statute (law), enacted in some states, that makes parents responsible for damages caused by their children if it is found that the damages resulted from the parents' lack of control over the acts of the child.
Parole
The release of a person convicted of a crime prior to the end of that person's term of imprisonment on the condition that they will follow certain strict rules for their conduct, and if they break any of those rules they will return to prison.
Patents
Rights granted to inventors by the federal government that permit them to keep others from making, using, or selling their invention for a definite, or restricted, period of time.
Peremptory challenge
The right to challenge the use of a juror in a trial without being required to give a reason for the challenge.
Perjury
A crime that occurs when an individual willfully makes a false statement during a judicial proceeding, after he or she has taken an oath to speak the truth.
Petition
A formal application made to a court in writing that requests action on a certain matter.
Petit larceny
A form of larceny—the stealing of another's personal property—in which the value of the property that is taken is generally less than $50.
Plaintiff
The party who sues in a civil action.
Plain view doctrine
In the context of searches and seizures, the principle that provides that objects that an officer can easily see can be seized without a search warrant and are fair to use as evidence.
Plea
The phase in a court case where the defendant has to declare whether they are guilty or not guilty.
Police power
The authority that states to employ a police force and give them the power to enforce the laws and protect the community.
Poll tax
A specified sum of money to be paid by each person who votes.
Polygamy
The offense of having more than one wife or husband at the same time.
Precedent
A court decision that is cited as an example to resolve similar questions of law in later cases.
Preponderance of evidence
A rule that states that it is up to the plaintiff to convince the judge or the jury of their side of the case in or to win the case.
Prima facie
[Latin, On the first appearance.]A fact presumed to be true unless it is disproved.
Prior restraint
Government violating freedom of speech by not allowing something to be published.
Privacy
In constitutional law, the right of people to make personal decisions regarding intimate matters; under the common law, the right of people to lead their lives in a manner that is reasonably secluded from public scrutiny, whether such scrutiny comes from a neighbor's prying eyes, an investigator's eavesdropping ears, or a news photographer's intrusive camera; and in statutory law, the right of people to be free from unwarranted drug testing and electronic surveillance.
Privilege
An advantage or benefit possessed by an individual, company, or class beyond those held by others.
Privileges and immunities
Concepts contained in the U.S. Constitution that place the citizens of each state on an equal basis with citizens of other states with respect to advantages resulting from citizenship in those states and citizenship in the United States.
Probable cause
Apparent facts discovered through logical inquiry that would lead a reasonably intelligent person to believe that an accused person has committed a crime.
Probate court
Called Surrogate or Orphan's Court in some states, the probate court presides over wills, the administration of estates, and, in some states, the appointment of guardians or approval of the adoption of minors.
Probation
A sentence whereby a convict is released from confinement but is still under court supervision; a testing or a trial period. It can be given in lieu of a prison term or can suspend a prison sentence if the convict has consistently demonstrated good behavior.
Procedural due process
The constitutional guarantee that one's liberty and property rights may not be affected unless reasonable notice and an opportunity to be heard in order to present a claim or defense are provided.
Property
A thing or things owned either by government—public property—or owned by private individuals, groups, or companies—private property.
Prosecute
To follow through; to commence and continue an action or judicial proceeding to its conclusion. To proceed against a defendant by charging that person with a crime and bringing him or her to trial.
Prosecution
The proceedings carried out before a court to determine the guilt or innocence of a defendant. The term also refers to the government attorney charging and trying a criminal case.
Punitive damages
Money awarded to an injured party that goes beyond that which is necessary to pay for the individual for losses and that is intended to punish the wrongdoer.

Q

Quorum
A majority of an entire body; i.e., a quorum of a legislative assembly.
Quota
The number of persons or things that must be used, or admitted, or hired in order to be following a rule or law.

R

Rape
A criminal offense defined in most states as forcible sexual relations with a person against that person's will.
Ratification
The confirmation or adoption of an act that has already been performed.
Reapportionment
The realignment of voting districts done to fulfill the constitutional requirement of one person, one vote.
Referendum
The right reserved to the people to approve or reject an act of the legislature, or the right of the people to approve or reject legislation that has been referred to them by the legislature.
Refugees
Individuals who leave their native country for social, political, or religious reasons, or who are forced to leave as a result of any type of disaster, including war, political upheaval, and famine.
Rehabilitation
Work to restore former rights, authority, or abilities.
Remand
To send back.
Replevin
A legal action to recover the possession of items of personal property.
Reprieve
The temporary hold put on a death penalty for further review of the case.
Rescind
To declare a contract void—of no legal force or binding effect—from its beginning and thereby restore the parties to the positions they would have been in had no contract ever been made.
Reservation
A tract of land under the control of the Bureau of Indian Affairs to which a Native American tribe retains its original title of ownership, or that has been set aside from the public domain for use by a tribe.
Reserve
Funds set aside to cover future expenses, losses, or claims. To retain; to keep in store for future or special use; to postpone to a future time.
Resolution
The official expression of the opinion or will of a legislative body.
Retainer
A contract between attorney and client specifying the nature of the services and the cost of the services.
Retribution
Punishment or reward for an act. In criminal law, punishment is based upon the theory that every crime demands payment.
Reverse discrimination
Discrimination against a group of people that is generally considered to be the majority, usually stemming from the enforcement of some affirmative action guidlelines.
Revocation
The recall of some power or authority that has been granted.
Robbery
The taking of money or goods in the possession of another, from his or her person or immediate presence, by force or intimidation.

S

Sabotage
The willful destruction or impairment of war material or national defense material, or harm to war premises or war utilities. During a labor dispute, the willful and malicious destruction of an employer's property or interference with his or her normal operations.
Search warrant
A court order authorizing the examination of a place for the purpose of discovering evidence of guilt to be used in the prosecution of a criminal action.
Second degree murder
The unlawful taking of human life with malice, but without premeditated thought.
Sedition
A revolt or an incitement to revolt against established authority, usually in the form of treason or defamation against government.
Seditious libel
A written communication intended to incite the overthrow of the government by force or violence.
Segregation
The act or process of separating a race, class, or ethnic group from a society's general population.
Self-defense
The protection of one's person or property against some injury attempted by another.
Self-incrimination
Giving testimony in a trial or other legal proceeding that could subject one to criminal prosecution.
Sentencing
The post-conviction stage of a criminal justice process, in which the defendant is brought before the court for penalty.
Separate but equal
The doctrine first accepted by the U.S. Supreme Court in Plessy v. Ferguson establishing that different facilities for blacks and whites was valid under the Equal Protection Clause of the Fourteenth Amendment as long as they were equal.
Separation of church and state
The separation of religious and government interest to ensure that religion does not become corrupt by government and that government does not become corrupt by religious conflict. The principle prevents the government from supporting the practices of one religion over another. It also enables the government to do what is necessary to prevent one religious group from violating the rights of others.
Separation of powers
The division of state and federal government into three independent branches.
Settlement
The act of adjusting or determining the dealings or disputes between persons without pursuing the matter through a trial.
Sexual harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment.
Share
A portion or part of something that may be divided into components, such as a sum of money. A unit of stock that represents ownership in a corporation.
Shield laws
Statutes that allow journalists not to disclose in legal proceedings confidential information or sources of information obtained in their professional capacities.

Statutes that restrict or prohibit the use of certain evidence in sexual offense cases, such as evidence regarding the lack of chastity of the victim.

Shoplifting
Theft of merchandise from a store or business establishment.
Small claims court
A special court that provides fast, informal, and inexpensive solutions for small claims.
Solicitation
The criminal offense of urging someone to commit an unlawful act.
Statute
An act of a legislature that declares, or commands something; a specific law, expressed in writing.
Statute of limitations
A type of federal or state law that restricts the time within which legal proceedings may be brought.
Statutory law
A law which is created by an act of the legislature.
Statutory rape
Sexual intercourse by an adult with a person below a designated age.
Subpoena
Latin for "under penalty"; a formal document that orders a named individual to appear before an officer of the court at a fixed time to give testimony.
Suffrage
The right to vote at public elections.
Summons
The paper that tells a defendant that he or she is being sued and asserts the power of the court to hear and determine the case. A form of legal process that commands the defendant to appear before the court on a specific day and to answer the complaint made by the plaintiff.
Supreme court
The highest court in the U.S. judicial system.
Surrogate mother
A woman who agrees under contract to bear a child for an infertile couple. The woman is paid to have a donated fertilized egg or the fertilized egg of the female partner in the couple (usually fertilized by the male partner of the couple) artificially placed into her uterus.
Suspended sentence
A sentence that states that a criminal, in waiting for their trial, has already served enough time in prison.
Symbolic speech
Nonverbal gestures and actions that are meant to communicate a message.

T

Testify
To provide evidence as a witness in order to establish a particular fact or set of facts.
Testimony
Oral evidence offered by a competent witness under oath, which is used to establish some fact or set of facts.
Trade secret
Any valuable commercial information that provides a business with an advantage over competitors who do not have that information.
Trade union
An organization of workers in the same skilled occupation or related skilled occupations who act together to secure for all members favorable wages, hours, and other working conditions.
Treason
The betrayal of one's own country by waging war against it or by consciously or purposely acting to aid its enemies.
Treaty
A compact made between two or more independent nations with a view to the public welfare.
Trespass
An unlawful intrusion that interferes with one's person or property.
Trial
A judicial examination and determination of facts and legal issues arising between parties to a civil or criminal action.
Trial court
The court where civil actions or criminal proceedings are first heard.
Truancy
The willful and unjustified failure to attend school by one required to do so.

U

Unenumerated rights
Rights that are not expressly mentioned in the written text of a constitution but instead are inferred from the language, history, and structure of the constitution, or cases interpreting it.
Unconstitutional
That which is not in agreement with the ideas and regulations of the Constitution.
Uniform commercial code
A general and inclusive group of laws adopted, at least partially, by all of the states to further fair dealing in business.

V

Valid
Binding; possessing legal force or strength; legally sufficient.
Vandalism
The intentional and malicious destruction of or damage to the property of another.
Venue
A place, such as a city or county, from which residents are selected to serve as jurors.
Verdict
The formal decision or finding made by a jury concerning the questions submitted to it during a trial. The jury reports the verdict to the court, which generally accepts it.
Veto
The refusal of an executive officer to approve a bill that has been created and approved by the legislature, thereby keeping the bill from becoming a law.
Voir dire
Old French for "to speak the truth"; the preliminary examination of possible jurors to determine their qualifications and suitability to serve on a jury, in order to ensure the selection of a fair and impartial jury.
Voluntary manslaughter
The unlawful killing of a person where there is no malice, premeditation or deliberate intent but too near to these standards to be classified as justifiable homicide.

W

Waive
To intentionally or voluntarily give up a known right or engage in conduct that caused your rights to be taken away.
Ward
A person, especially an infant or someone judged to be incompetent, placed by the court in the care of a guardian.
Warrant
A written order issued by a judicial officer commanding a law enforcement officer to perform a duty. This usually includes searches, seizures and arrests.
White collar crime
Term for nonviolent crimes that were committed in the course of the offender's occupation.
Will
A document in which a person explains the management and distribution of his or her estate after his or her death.
Workers' compensation
A system whereby an employer must pay, or provide insurance to pay, the lost wages and medical expenses of an employee who is injured on the job.
Writ
An order issued by a court requiring that something be done.

Z

Zoning
Assigning different areas within a city or county different uses, whereby one area cannot be used for any other purpose other than what it is designated. For example, if an area is assigned as residential, an office building could not be built there.