Foundations: (Criminal Law)

Definitions

Justifiable Homicide

killing to prevent the commission of an atrocious felony

excusable homicide

killing by a person suffering from an insane delusion

justification negates

social harm

Excuse negates

moral blameworthiness

Burden of Proof

A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact

Reasonable doubt

A standard of proof that must be surpassed to convict in a criminal proceeding.

Duress

Unlawful exertion upon a person to coerce that person to perform an act that he or she ordinarily would not perform. Duress is a defense to a criminal charge if the defendant acted under the immediate threat of death or serious bodily injury, had a well-grounded fear that the threat would be carried out, and had no reasonable opportunity to escape.

Exculpation

to clear or excuse from guilt.

Reasoning AKA

Analysis or application

Holding AKA

Conclusion

Disposition

This is the ordered entered by this court as a result of its holding (e.g./ affirmed, reversed) Answer to the issue,

Affirmative Defense

A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true.

Synthesis

refers to condensing and distilling potions of case law into your own words

Stare decisis

To stand by things decided

Mandatory authorities

A binding precedent is one that a court must follow

Persuasive authority

A non-binding precedent is one that a court may consider but is not required to follow

How to determine is a case is binding

1. What jurisdiction’s laws applies to my legal issue?

2. Which courts from that jurisdiction have the power to bind the court in my case?

Quiet title

to defeat another’s ownership claim

Motion to suppress

a motion on behalf of defendant to disallow certain evidence in an upcoming trial

Affirmed

To ratify, establish, or reassert.

Remanded

To send back

Reversed

To overthrow, invalidate, repeal, or revoke

inter alia

A phrase used in pleading to designate that a particular statute set out therein is only part of the statue that is relevant to the facts of the lawsuit and not the entire statute.

Explicit rules

Directly stated by the court

Implicit rules

rules that can be inferred based on reasoning of the court.