Louisiana Post - Legal Definitions

Another

Refers to any OTHER person or legal entity, including the state of Louisiana or any subdivision thereof.

Anything of Value

Must be given the broadest possible construction, including any CONCIEVABLE thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and including transportation, telephone and telegraph services, or any other available for hire. It must be construed in the broad popular sense of the phrase, not necessarily as synonymous with the traditional legal term "property". In all cases involving shoplifting the term "value" is the actual retail price of the property at the time of the offense.

Apprehend

To take in CUSTODY; to arrest.

Arraign

To bring the ACCUSED before a judge, in open court, where he plead to the charges against him.

Arraignment

In criminal practice, to bring an accused to the BAR OF THE COURT in order that he may plead.

Arrest

Is the taking of one person into custody by another. To constitute arrest, there must be an actual RESTRAINT. The restraint may be imposed by force or may result from the submission of the person arrested to the custody of the one arresting him.

Arrest Warrant

An ORDER in writing by judge authority to take a specific person into custody to answer a specific criminal charge.

Bail

To set at LIBERTY a person arrested or imprisoned, or security being taken, for his appearance at a specified time and place, while charges are pending in court.

Bail Bond

An OBLIGATION signed by the accused, with sureties, to secure his presence in court.

Bailiff

A court attendant whose duties are to keep ORDER in the courtroom and to have custody of the jury.

Ballistics

The SCIENCE of the flight of projectile (i.e. bullets fired from a weapon)

Bench Warrant

Process issued from the "Bench" for the ARREST of one named or described therein.

Burden of Proof

In the law of evidence, the NECESSITY OR DUTY of affirmatively proving a fact or facts in dispute.

Change of Venue

The removal of a suit from one JURISDICTION to another or from one COURT to another within the same jurisdiction.

Circumstantial Evidence

All evidence of an INDIRECT nature; the process of decisions by which a court of jury may reason from CIRCUMSTANCES known or proven to establish by inference, the principal fact.

Civil Rights

Rights guaranteed to every person by the U.S. Constitution, the State Constitution, and the State Legislature, by virtue of THEIR CITIZENSHIP.

Coercion

COMPELLING a person to do that which he does not have to do, or to omit that which he may legally do by some illegal threat, force, intimidation, etc.

Complaint

A sworn, written ALLEGATION stating that a specified person committed a crime.

Complainant

One who INITIATES an action.

Conspiracy

A secret combination of TWO OR MORE persons who plan for the purpose of committing a crime or any unlawful act.

Contempt of Court

Behavior that IMPUINES the authority of the court or obstructs the EXECUTION of court orders.

Constructive Contempt of Court

Matters that do no occur in or near the PRESENCE of the court.

Direct Contempt of Court

In the PRESENCE of the court.

Contraband

Any property which is possessed UNLAWFULLY OR ILLEGALLY (i.e. narcotics)

Corporal

Relating to the body. Corporal PUNISHMENT is force used against the body of another.

Corpus

The BODY (material substance) upon which a crime has been committed.

Corroborating Evidence

Evidence supplementary to that already given which tends to STREGHTHEN or confirm it.

Court of Record

A court OBLIGATED to keep records of the proceeding. The statutes specific which courts are of record.

Court Reporter

A person who TRANSCRIBES; takes down testimony by shorthand or stenographically.

Crime against Nature

Unnatural SEXUAL ACT or unnatural sexual intercourse. The crime of SODOMY is a crime against nature.

Criminal Insanity

Inability to DISTINGUISH right from wrong.

Cross Examination

The questioning of a witness in a trial or the taking of a deposition, by the party OPPOSSED to the one who produced the witness.

Dangerous Weapon

Includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce DEATH OR GREAT BODILY HARM.

Defendant

The party AGAINST whom an action or law or inequity is brought; party denying, opposing, resisting or contesting the action.

Defraud

To WITHHOLD from another what is justly due him, or to DEPRIVE him of the right by artifice or deception; to cheat.

Direct Evidence

Proof by facts by WITNESSES who saw acts done or heard words spoken as distinguished from CIRCUMSTANTIAL EVIDENCE.

Direct Examination

The first INTERROGATION of a witness by the part on whose behalf he is called.

Domicile

The place where a person has established PERMENANT residence.

Double Jeopardy

To be prosecuted TWICE for the same offense.

Due Process

Law in its regular course of administration through the courts of justice.

Entrapment

The act of officers or agents of a government, INDUCING a person to commit a crime not originally contemplated by him, for the purpose of instituting a criminal prosecution against him.

Evidence

All the means used to prove or disprove the fact at issue.

Extradition

The surrender by one state to another of an individual who is outside its own territory and within the TERRITORIAL JURISDICTION of the other.

False Arrest

Any UNLAWFUL PHYSICAL RESTRAINT of another's liberty, whether in prison or elsewhere.

Felony

Is a crime for which an offender may be sentenced to death or imprisonment at HARD LABOR.

Forensic

Relating to the courts; thus FORENSIC MEDICINE would refer to medicine in relation to the court.

Forseeable

Refers to that which ordinarily would be ANTICIPATED by a human being of average reasonable intelligence and perception.

Fugitive

Anyone who is wanted by law enforcement officers and CANNOT BE LOCATED.

Fraud

An INTENTIONAL perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right, or in some manner do him injury.

Grand Jury

A JURY OF INUIRY whose duty is to hear complaints of accusations in criminal cases and may return indictments against the accused.

Habeas Corpus

A writ of Habeas Corpus is an order from the court to the one holding the prisoner to produce him in court so that the LEGALITY of the detention may be decided.

Hearsay

Evidence based on REPORTS BY OTHERS rather than on a witness' own knowledge; generally inadmissible in court.

Homicide

The killing of one human being by another.

Impeach

To discredit. To question the veracity of a WITNESS.

Indict

To accuse of crime, in WRITING, by a grand jury. Also called TRUE BILL of Indictment.

Infancy

One is under the STATUTORY age of adulthood.

Informant

One who DISCREETLY furnishes information to the police.

Injunction

An order by a court PROHIBITING a defendant from committing an act which is injurious to the plaintiff.

Judicial Notice

The rule that a court will accept certain things as common knowledge without PROOF.

Jurisdiction

The power of a court to hear and determine a matter.

Jurisprudence

The PHILOSOPHY of law. The science which deals with the principles of positive law and legal relations made by the courts.

Jury

A certain number of persons, selected according to law, and sworn to inquire of certain matters of face, and declare the truth upon EVIDENCE laid before them.

Kleptomania

A compulsion to STEAL an object regardless of its value or use.

Latent

Lying DORMANT and hidden.

Malice

An evil intent to vex, annoy or injure another, INTENTIONAL evil.

Mali Fides

In bad faith.

Mandamus

A writ which issues out of a superior court, directed to any person, corporation or inferior court, requiring them to do some particular thing.

Manslaughter

The unlawful killing of another human being WITHOUT MALICE. It may be either with the intent to kill, upon a sudden passion or heat of blood, or without the intent to kill, done while committing some unlawful act without due regard for others.

Masochism

A sexual perversion in which on person derives pleasure from PHYSICAL PAIN inflicted by another.

Mens Rea

Criminal; literally; a guilty mind.

Misdemeanor

Any crime not a FELONY. Usually a crime punishable by a fine or imprisonment in the count/parish or other local jail, rather than to the state prison.

Mittimus

A writ, issued from a court, directing an officer to convey the person named therein, to jail or other place of confinement.

Modus Operandi

METHOD OF OPERATION by criminals.

Motive

The REASON for doing a certain thing; the motivating influence.

Municipal Court

Courts whos territorial authority is CONFINED to the city or municipality.

Murder

Generally the unlawful killing of a human being by another with MALICE aforethought, either expressed or implied. Defined statutorily in most states.

Negligence

Failure to EXERCISE THE DEGREE OF CARE which the circumstances justly demand or that care a reasonable and prudent man should have used under the same circumstances.

No True Bill

A phrase used by a grand jury when they fail to INDICT.

Nolle Prosequi

A declaration to a court, by the plaintiff, that he does not wish to further prosecution the case.

Objection

The act of taking EXCEPTION to some statement or procedure in a trial. Used to call the court's attention to some improper evidence or procedure.

Opinion Evidence

Evidence of what a witness THINKS, BELIEVES, OR INFERS in regard to a fact in dispute, as distinguished from personal knowledge of the facts.

Ordinance

A term used to designate the ENACTMENTS of the legislative or governing body of a municipality or city.

Overt Act

An open or PHYSICAL act, as opposed to a thought.

Parole

A CONDITIONAL release from prison.

Person

Includes a human being from the moment of FERTILIZATION and implantation and also includes a body of persons, whether incorporated or not.

Petit Jury

The ordinary jury composed of twelve persons who hear criminal and civil cases.

Phobia

A fixed morbid FEAR of some object or person for which normal persons lack fear.

Perjury

To lie or falsely swear, under oath.

Property

Refers to both public and private property, movable and immovable, and corporeal and incorporeal property.

Public Officer, Public Office, Public Employee, or Position of Public Authority

Means and applies to any executive, ministerial, administrative, judicial, or legislative officer, office, employee or position of authority respectively, of the state of Louisiana or any parish, municipality, district, or other political subdivision thereof, or of any agency, board, commission, department or institution of said state, parish, municipality, district, or other political subdivision.

Pyromania

A COMPULSION to set fires.

Reasonable Doubt

That state of a case which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in the condition that they cannot say they feel an abiding conviction to a MORAL CERTAINTY of the truth to charge.

Rebut

To contradict.

Rebuttal

The introduction of CONTRADICTING testimony, the showing that statements made by a witness are not true; the part of the trial at which such evidence may be introduced.

Recidivist

A repeater in crime; a habitual offender.

Rigor Mortis

Temporary RIGIDITY of muscles occurring after death.

Schizophrenia

A psychosis characterized by withdrawal from REALITY with highly variable accompanying affective, behavioral and intellectual disturbances. May be accompanied by delusions or hallucinations.

Search Warrant

An order, in writing, issues by judicial authority, in the name of the state, directing a law enforcement, officer to search for PERSONAL PROPERTY and, if found to bring it before the court.

Self-Defense

The protection of one's own person, against an attempted injury by another. There must be some REASONABLE BELIEF or immediate danger.

Sequestration

A rule of a court requiring all witnesses to be SEPERATED, the defense from the prosecution and remain outside of the court room until each is called, except it does not apply to a plaintiff or defendant.