Interpretrain Court Vocab 16-22

LAWSUIT

An action between two or more persons in the courts of law, not a criminal matter.

LEVY

A seizure; the obtaining of money by legal process through seizure and sale of property.

LEWD CONDUCT

Behavior that is obscene, lustful, indecent, vulgar.

LIABILITY

Legal debts and obligations.

LIABLE

Legally responsible.

LIBEL

Published words or pictures that falsely and maliciously harm the reputation of a person. See DEFAMATION.

LIE DETECTOR

A machine which records by a needle on a graph varying emotional disturbances when answering questions truly or falsely, as indicated by fluctuations in blood pressure, respiration, or perspiration.

LIEN

A legal claim against another person's property as security for a debt. A lien does not convey ownership of the property, but gives the lien holder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid.

LIFE IMPRISONMENT

A type of sentence where the convicted criminal is ordered to spend the rest of his or her life in prison.

LIMITED JURISDICTION

Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.

LINEUP

A police identification procedure by which the suspect to a crime is exhibited, along with others, before the victim or witness to determine if the victim or witness can identify the suspect as the person who committed the crime.

LAY PERSON

One not trained in law.

LITIGANT

A party to a lawsuit. Litigation refers to a case, controversy, or lawsuit.

LITIGATION

A lawsuit.

LIVING TRUST

A trust set up and in effect during the lifetime of the grantor. Also called inter vivos trust.

LOITERING

To stand idly around, particularly in a public place.

LYNCHING

Putting a person to death, usually by hanging, without legal authority.

MAGISTRATE

Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.

MALFEASANCE

Evil doing, ill conduct; the commission of some act which is positively prohibited by law.

MALICE

Ill will, hatred, or hostility by one person toward another which may prompt the intentional doing of a wrongful act without legal justification or excuse.

MALICIOUS MISCHIEF

Willful destruction of property, from actual ill will or resentment toward its owner or possessor.

MALICIOUS PROSECUTION

An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

LEADING QUESTION

One which instructs the witness how to answer or puts words in his mouth to be echoed back. One which suggests to the witness the answer desired.

MALPRACTICE

Violation of a professional duty to act with reasonable care and in good faith without fraud or collusion. This term is usually applied to such conduct by doctors, lawyers, or accountants.

LEASE

A contract by which owner of property grants to another the right to possess, use, and enjoy it for a specified period of time in exchange for payment of an agreed price (rent).

LEGAL AID

Professional legal services available usually to persons or organizations unable to afford such services.

LENIENCY

Recommendation for a sentence less than the maximum allowed.

LESSER INCLUDED OFFENSE

A crime composed of some, but not all, of the elements of a greater crime; commission of the greater crime automatically includes commission of the lesser included offense.

LETTERS OF ADMINISTRATION

Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name.

LETTERS TESTAMENTARY

Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.

MANDATE

A judicial command or order proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree.

MIRANDA RIGHTS

Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her: specifically, the right to remain silent; that any statement made may be used against him or her; the right to an attorney; and if the person cannot afford an attorney, one will be appointed if he or she desires.

MIRANDA WARNING

See MIRANDA RIGHTS.

MISDEMEANOR

A lesser offense than a felony and generally punishable by fine or limited jail time, but not in a penitentiary.

MISTRIAL

An invalid trial caused by some legal error. When a judge declares a mistrial, the trial must start again from the beginning, including the selection of a new jury.

MITIGATING CIRCUMSTANCES

Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

MITIGATING FACTORS

Facts that do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

MODIFICATION

A change, alteration, or amendment which introduces new elements into the details, or cancels some of them, but leaves the general purpose and effect of the subject matter intact.

MOOT

A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.

MORAL TURPITUDE

Immorality. An element of crimes inherently bad, as opposed to crimes bad merely because they are forbidden by statute.

MOTION

Oral or written request made by a party to an action before, during, or after a trial asking the judge to issue a ruling or order in that party's favor.

MANSLAUGHTER, INVOLUNTARY

Unlawful killing of another, without malice, when the death is caused by some other unlawful act not usually expected to result in great bodily harm.

MOTION DENIED

Ruling or order issued by the judge denying the party's request.

MOTION GRANTED

Ruling or order issued by the judge granting the party's request.

MUGSHOT

Pictures taken after a suspect is taken into custody (booked), usually used as an official photograph by police officers.

MULTIPLICITY OF ACTIONS

Numerous and unnecessary attempts to litigate the same issue.

MURDER

The unlawful killing of a human being with deliberate intent to kill.

NEGLIGENCE

Failure to exercise the degree of care that a reasonable person would use under the same circumstances.

NEXT FRIEND

One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.

NO BILL

This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict.

NO CONTEST CLAUSE

Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

NO FAULT PROCEEDINGS

A civil case in which parties may resolve their dispute without a formal finding of error or fault.

MANSLAUGHTER, VOLUNTARY

Unlawful killing of another, without malice, when the act is committed with a sudden extreme emotional impulse.

NOMINAL PARTY

One who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record.

MATERIAL EVIDENCE

That quality of evidence which tends to influence the trier of fact because of its logical connection with the issue.

MATERIAL WITNESS

In criminal trial, a witness whose testimony is crucial to either the defense or prosecution.

MAYHEM

A malicious injury which disables or disfigures another.

MEDIATION

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

MENTAL HEALTH

The wellness of a person's state of mind.

MERITS

Strict legal rights of the parties; a decision "on the merits" is one that reaches the right(s) of a party, as distinguished from disposition of a case on a ground not reaching the right(s) raised in an action; for example, entry of nolle prosequi before a criminal trial begins is a disposition other than on the merits, allowing trial on those charges at a later time without double jeopardy attaching; similarly, dismissal of a civil action on a preliminary motion raising a technicality, such as improper service of process, does not result in res judicata of an issue.

NON-CAPITAL CASE

A criminal case in which the allowable penalty does not include death.

OBJECTION

A protest to the court against an act or omission by the opposing party.

OBJECTION OVERRULED

A ruling by the court upholding the act or omission of the opposing party.

OBJECTION SUSTAINED

A ruling by the court in favor of the party making the objection.

OF COUNSEL

A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party.

OFFENDER

One who commits a crime, such as a felony, misdemeanor, or other punishable unlawful act.

OFFENSE

A crime, such as a felony, misdemeanor, or other punishable unlawful act.

OFFER OF PROOF

Presentation of evidence to the court (out of the hearing of the jury) for the court's decision of whether the evidence is admissible.

ON A PERSON'S OWN RECOGNIZANCE

Release of a person from custody without the payment of any bail or posting of bond , upon the promise to return to court.

OPENING ARGUMENT

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

OPENING STATEMENT

See OPENING ARGUMENT.

NOT GUILTY

The form of verdict in criminal cases where the jury acquits the defendant, finds him or her not guilty.

OPINION

A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. A per curiam opinion is an unsigned opinion “of the court.”

OPINION EVIDENCE

Witnesses are normally required to confine their testimony to statements of fact and are not allowed to give their opinions in court. However, if a witness is qualified as an expert in a particular field, he or she may be allowed to state an opinion as an expert based on certain facts.

ORAL ARGUMENT

An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

ORDER TO SHOW CAUSE

Court order requiring to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action. In criminal cases, the defendant must show why probation should not be revoked.

ORDER, COURT

A written or verbal command from a court directing or forbidding an action.

ORDINANCE

An act of legislation of a local governing body such as a city, town or county.

ORIGINAL JURISDICTION

The court in which a matter must first be filed.

OVERRULE

A judge's decision not to allow an objection. A decision by a higher court finding that a lower court decision was wrong.

OVERRULED

See OVERRULE.

OVERT ACT

An open act showing the intent to commit a crime.

NOT GUILTY BY REASON OF INSANITY

The jury or the judge must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense.

PANDERING

Pimping. Arranging for acts of prostitution.

NOTICE

Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

NOTICE TO PRODUCE

In practice, a notice in writing requiring the opposite party to produce a certain described paper or document at the trial, or in the course of pre-trial discovery.

NULL AND VOID

Having no force, legal power to bind, or validity.

NUNCUPATIVE WILL

An oral (unwritten) will.

OATH

Written or oral pledge by a witness to speak the truth.

OBJECT

To protest to the court against an act or omission by the opposing party.

PARALEGAL

A person with legal skills, but who is not an attorney, and who works under the supervision of a lawyer or who is otherwise authorized by law to use those legal skills.

PENITENTIARY

A prison or place of confinement where convicted felons are sent to serve out the term of their sentence.

PEOPLE (PROSECUTION)

A state, for example, the People of the State of New York.

PEREMPTORY CHALLENGE

The right to challenge a juror without assigning a reason for the challenge.

PERJURY

A false statement given while under oath or in a sworn affidavit.

PERMANENT INJUNCTION

A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.

PERMANENT RESIDENT

One who lives in a location for a period of time and denotes it as their official address or residence.

PERSON IN NEED OF SUPERVISION

Juvenile found to have committed a status offense rather than a crime that would provide a basis for a finding of delinquency. Typical status offenses are habitual truancy, violating a curfew, or running away from home. These are not crimes, but they might be enough to place a child under supervision. In different states, status offenders might be called children in need of supervision or minors in need of supervision. See STATUS OFFENDERS.

PERSONAL PROPERTY

Tangible physical property (such as cars, clothing, furniture, and jewelry) and intangible personal property. This does not include real property such as land or rights in land.

PERSONAL RECOGNIZANCE

Pre-trial release based on the person's own promise that he or she will show up for trial (no bond required). Also referred to as release on own recognizance or ROR. See ON A PERSON'S OWN RECOGNIZANCE.