DICTIONARY OF LEGAL WORDS AND PHRASES

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1983 lawsuits. Civil suits brought under Title 42, Section 1983 of the United States Code, against anyone denying others of their constitutional rights to life, liberty, or property
without due process of law. 42 U.S.C. 1983, qv.

28 U.S.C. 1331. The statute that allows a federal prisoner to file a complaint against a federal officer and request compensation for loss or injury.

28 U.S.C. 2241. The statute that allows a prisoner under federal sentence to petition for a writ of Habeas Corpus to challenge: denial of bail, implementation of a sentence, computation of a sentence, revocation of sentencing credits, or
revocation of probation or parole.

28 U.S.C. 2254. The statute that allows a prisoner under state sentence to petition for a writ of Habeas Corpus.

28 U.S.C. 2255. The statute that allows a prisoner to move to vacate, set aside or correct a sentence that violates the Constitution or laws of the United States, that exceeds the maximum legal sentence, that the court imposed without jurisdiction, and so on.

42 U.S.C. 1983. The statute allowing civil actions for the deprivation of rights under color of state law or authority.

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abstract of title. A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.

acceptance. The taking and receiving of anything in good faith with the intention of retaining it.

access to the courts. Regarding prisoners, the only unassailable constitutional right, from which all other rights of theirs depend.

accessory. A person who aids or contributes in a secondary way or assists in or contributes to a crime as a subordinate. 216 So. 2d 829, 831. Mere silence or approval of the commission of the crime does not amount to accessorial liability. 81 Mo. 483. Failure to report a felony may constitute a crime in itself. An accessory does act to facilitate another in the commission of a crime or in avoiding apprehension for a
crime. accessory after the fact. A person who receives, comforts, or assists a felon knowing that he has committed a felony or whom the police seek in connection with the commission or attempted commission of a felony. 234 A.2d 284, 285. Thus, a person who obstructs justice by giving comfort or assistance to a criminal offender in an attempt to hinder or prevent his apprehension or punishment. 378 F.2d
540.

accessory before the fact. A person who procures,
counsels, or commands the deed perpetrated, but who does attend, actively or constructive, at such perpetration. 282 A.2d 154. Cf. accomplice, aid and abet, complicity, conspiracy, misprision.

accomplice. A person who knowingly and voluntarily participates with another in the commission or attempted commission of a crime. 165 N.E.2d 814. A person liable for the identical offense charged against the defendant. 233 P.2d 347. A person who knowingly, voluntarily, or purposefully, and with common intent with the principal offender unites in the commission or attempted commission of a crime. Mere presence combined with knowledge that the crime will transpire, without active mental or physical contribution, does not make one an accomplice. Id. 348, 349. For example, presence and knowledge by undercover agents do not make
them accomplices. 478 S.W.2d 450, 451; 473 S.W.2d 19, 20. Accomplice liability requires a shared, common mens rea and criminal purpose between them. Cf. accessory, aid and abet,
complicity, conspiracy.

accretion. The increase or accumulation of land by natural causes, as out of a lake or river.

acknowledgment. A formal declaration before an authorized official by the person who executed an instrument as his free act and deed. The certificate of the official on such instrument
attesting to such acknowledgement.

acquittal. A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty.

Action Case. Cause, suit, or controversy disputed or contested before a court of justice.

additur. An increase by a judge in the amount of damages awarded by a jury.

adjective law -or- procedural law. That body of law which governs the process of protecting the rights under substantive law.

adjective law. The law pertaining to and prescribing the practice and procedure of the legislative process for determining or making affective substantive laws. Cf. substantive law.

adjudication. Giving or pronouncing a judgment or decree. Also the judgment given.

administrative agencies. Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor.

administrator. 1. One who administers the estate of a person who dies without a will. 2. A court official.

admiralty law. Also, maritime law. That body of law relating to ships, shipping, marine commerce and navigation, transportation of persons or property by sea, etc.

admissible evidence. Evidence that can be legally and properly introduced in a civil or criminal trial.

admonish. To advise or caution. For example the court may caution or admonish counsel for wrong practices.

advance sheets. Paperback pamphlets published by law book publishers weekly or monthly which contain reporter cases, including correct volume number and page number. Publishers publish a bound volume of advanced sheets as sufficient numbers of them become available. adversarial system. The two-sided structure under which American criminal trial courts operate and that pits the prosecution against the defense. In theory, accomplishment of justice occurs when the most effective adversary convinces their perspective on the case as the correct one to the judge or jury.

adversary proceeding. One having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding.

adverse party. the party on the opposite side of the litigation. The opposing party.

adverse possession. Method of acquiring real property under certain conditions by possession for a statutory period.

affiant. The person who makes and subscribes an affidavit.

affidavit. A voluntary, written, or printed  declaration of facts, confirmed by oath of the party making it before a person with
authority to administer the oath.

affirmation. A solemn and formal declaration of affidavit as true. A substitute for an oath in certain cases.

affirmative defense. A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions. In criminal cases, such defenses include insanity, duress, and self-defense.

affirmed. A word used by appellate courts meaning that it upheld the decision of the trial court.

aggravated assault. Unlawful intentional causing of serious bodily injury with or without a deadly weapon, or unlawful intentional attempting or threatening of serious bodily injury or death with a deadly or dangerous weapon. A particularly fierce or reprehensible assault. An assault exhibiting peculiar
depravity or atrocity, including assaults committed with dangerous or deadly weapons. An assault committedintentionally concomitant with further crime. Mayhem, qv.

aggravating circumstances. Circumstances or actions relating to the commission of a crime that increases its offensiveness or guilt beyond that of the average assigning of guilt for the given type of offense.

agreement. Mutual consent.

aid and abet. To actively, knowingly, intentionally, purposefully facilitate or assist another in the commission or attempted commission of a crime. Those acts characterized
by affirmative criminal but not by omissions or negative acquiescence. 24 A.2d 85, 87. Cf. accessory, accomplice, complicity, conspiracy.

alias. Any name used for an official purpose different from a person’s legal name. 234 S.W.2d 535, 539. Also refer to “aka” and “fka” in Abbreviations & Symbols.

alien. A foreign-born person who has not qualified as a citizen of the country.

allegation. A statement of the issues in a written document (a pleading) which a person intends to prove in court.

alteration. Changing or making different.

alternative dispute resolution. Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others. alter ego rule. A rule of law that, in some jurisdictions, holds that a person can only defend a third party under
circumstances and only to the degree that the third party could act on their own behalf.

American Bar Association. A national association of lawyers primarily to improve their profession and the administration of
justice.

American Law Reports. A publication which reports cases from all United States jurisdictions by subject matter.

ancillary. An auxiliary or subordinate  proceeding to another. In probate, a proceeding in a state where a decedent owned
property not his domicile.

annotated codes. Publications that combine state or federal statutes with summaries of cases that have interpreted the statutes. With a very few exceptions, annotated codes are only available in a law library.

annotations. Remarks, notes, case summaries, or
commentaries following statutes which describe interpretations of the statute.

answer. A formal, written statement by the defendant in a lawsuit which answers each allegation contained in the complaint.

Answers to Interrogatories. A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. The answering party must acknowledge his answers before a notary public or other person authorized to take  acknowledgments.

anticipatory offense. Inchoate crime, qv.
antitrust acts. Federal and state statutes to protect trade and commerce from unlawful restraints, price discriminations, price
fixing, and monopolies.

appeal. A proceeding brought to a higher court to review a lower court decision.

Appeal Bond. A guaranty by the appealing party insuring the payment of court costs.

appearance. The act of coming into court as a party to a suit either in person or through an attorney.

appendix. Supplementary materials added to the end of a document.

appellate court. A court having jurisdiction to hear appeals and review a trial court’s procedure.

appellee. The party against whom the opposing party takes an appeal. Respondent, qv.

arbitration. The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties bind themselves to accept.

arbitrator. A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence.

arraignment. I. Strictly, the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge(s) and of his or her rights, and the defendant is required to enter a plea. The hearing at which the court brings the accused before it to plead to the criminal charge in the indictment. He may plead “guilty,” “not guilty,” or where permitted “nolo contendere.” II. In some usages, any appearance in court prior to trial in criminal proceedings. Preliminary hearing, qv.

arrest. “To deprive a person of his liberty by legal authority.” 249 N.E.2d 553, 557. In the technical criminal law sense,
seizure of an alleged or suspected offender to answer for a crime. 214 N.E.2d 114, 119. Arrest or any custodial interrogation, though not technically called an “arrest” must
have basis in probable cause. 99 S. Ct. 2248. Intent by the arresting officer or agent to bring the suspect into custody. 266 F. Supp 718, 724. The arrestee must understand the seizure
or detention as an arrest. 94 Ohio App. 313. Elements of an arrest consist of: 1. purpose or intention to effect the arrest under real or pretended authority, 2. the person having present power to control arrestee to actually or constructively seize the person, 3. the arresting officer communicating the intention or purpose then and there to make the arrest, and 4. the arrestee understanding that the arrestor intends to arrest him. 250 F. Supp 278, 280. Taking an adult or juvenile into physical custody by authority of law, for the purpose of charging the
person with a criminal offense or a delinquent act or status offense, terminating with the recording of a specific offense. Cf. malicious arrest, resisting arrest, privilege from arrest.

arrest warrant. A document issued by a judicial officer which directs a law enforcement officer to arrest an identified person who has been accused of a specific offense.

arson. At common law, “the willful and  Malicious burning of a dwelling house of another.” 152 A.2d 50, 70. In some states,
the burning of a house by its owner or part-owner. 221 S.W.2d 285, 286. Several jurisdictions divide arson into degrees.
Statutory arson refers to comparable offenses involving destruction of property other than dwellings by methods other than burning, eg, explosion. The intentional damaging or
destruction or attempted damaging or destruction, by means of fire or explosion of the property of another without the consent
of the owner, or of one’s own property or that of another with intent to defraud. Perkins & Boyce, (3d ed. 982); Model Penal Code §220.1.

Ashurst-Sumners Act. A 1935 federal legislation which effectively ended the industrial prison era by restricting interstate commerce in prison-made goods.

assault. Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. An attempt or threat, with unlawful force, to inflict bodily injury upon another, accompanies by the apparent present ability to give effect to the attempt if not prevented. 125 P.2d 681, 690. Threat, accompanied by present ability, may constitute assault. 447 F.2d 264, 273; 276 So. 2d 45, 46. As a tort, an assault may exist even where no actual intent to make one exists (as where the actor intends a “joke”) if the actor places the victim in reasonable fear. Because an assault need not result in touching so as to constitute a battery, the trier of fact need not determine a physical injury occurred in order to establish an assault. Assault constitutes both a personal tort and a criminal wrong, and thus, persons claiming assault can seek remedy in both civil action and/or criminal prosecution.
Some jurisdictions have, by statute, defined criminal “assault” to include battery at common law (the actual physical injury). Those jurisdictions also use the term “menacing” to refer to “assault” at common law. N.Y.
Penal Law Art. 120; Model Penal Code §211.1.
assault on a law enforcement officer. A simple or
aggravated assault, where the victim is a law enforcement officer engaged in the performance of his or her duties.

assignment. The transfer to another person of any property, real or personal.

assumption of risk. A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger.

at issue. The time in a lawsuit when the complaining party has stated their claim and the other side has responded with a denial and the matter can advance to trial.

attachment. Taking a person’s property to satisfy a courtordered debt.
attempt. An overt act, beyond mere preparation, moving
directly toward the actual commission of a substantive offense.
264 A.2d 266, 271. An offense separate and distinction from
the object crime. 438 S.W. 441, 446. “The overt act, sufficient
to establish an ‘attempt,’ must extend far enough toward
accomplishment of the object crime to amount to the
commencement of the consummation.” 500 P.2d 1276, 1282.
Various legal tests used to determine if the perpetrator has accomplished enough to cross the line between innocent preparation (mere planning of the crime) and a criminal attempt include “dangerous proximity,” “indispensable element,” “last act,” “probable desistance,” and “substantial
step.” Acts of solicitation alone generally do not establish the
elements of an attempt. Model Penal Code §15.01; 252 A.2d
321, 324. Cf. dangerous proximity, indispensable element,
last act, probable desistance, substantial step.
attendant circumstances. The facts surrounding an event.
The definitions of crime often require the presence or absence
of attendant circumstances. For example, statutory rape
First Edition Condensed May 2004
A free primer. For imprisoned people only, – page 21 – who can reproduce it without permission.
requires that the girl not attain the age of consent. Model
Penal Code §2133.
atrocious. Outrageously wicked and vile. 399 So. 2d 973,
977. An atrocious act demonstrates depraved and insensitive
brutality by the perpetrator. Conduct that exhibits a
senselessly immoderate application of extreme violence for a
criminal purpose.
attorney. A person trained in the law, admitted to practice
before the bar of a given jurisdiction, and authorized to advise,
represent, and act for other persons in legal proceedings.
attorney-at-law. An advocate, counsel, or official agent
employed in preparing, managing, and trying cases in the
courts.
Attorney General. The chief law officer and legal counsel of a state government, usually appointed by its governor.
attorney-in-fact. A private person (not necessarily a lawyer)
authorized by another to act in his or her place, either for some
particular purpose, as to do a specific act, or for the transaction
of business in general, not of legal character. An written
instrument, called a “letter of attorney” or more commonly
“power of attorney,” that confers this authority.
attorney of record. The principal attorney in a lawsuit, who
signs all formal documents relating to the suit.
attorney pro se. A person who does not retain a lawyer and,
thus, represents and appears for him/herself in court.
Auburn style. A form of imprisonment developed in New
York state around 1820, using mass prisons that held
prisoners in congregate fashion. Prisons had centrally-located
cells opening onto corridors with the outer walls opposite with
windows. This style allowed greater physical freedom (thus,
no great need for windows in cells) as well as rehabilitation
through work. It competed with the Pennsylvania style and
lasted until about 1890.
autopsy. The dissection of a body to determine the cause of
death. It may involve inspection and exposure of important
organs of the body to determine the nature of a disease or
abnormality. The medical examiner of a county often conducts
autopsies. The coroner will call a coroner’s inquest as
required. Different from a post mortem. Inquest, qv. Cf. post mortem, in Latin Words & Phrases.
Defendants and courts should not consider an autopsy
as a complete examination of a body regarding the
“circumstances” of its death. For example, most
autopsies generally lack a complete chemical analysis
of the decedent. Many autopsies test only for
depressants, which can kill, but will not usually test for
stimulants, which can induce bizarre or extreme
behavior or which can intensify a criminal action of the
decedent justifying the use of more force than such
activity or criminal action would normally justify.
Defense wound, qv.
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bail. Money or other security (such as a bail bond) provided to the court to temporarily allow a person’s release from jail and assure their appearance in court. “Bail” and “Bond” are often used interchangeably. (Applies mainly to state courts.)

bail bond. An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the
accused may lose money by not properly appearing for the trial. Often referred to simply as “bond.” Bond, qv.
bailiff. An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum and has custody of the jury.
bankruptcy. Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start.
Under the protection of the bankruptcy court, the courts may
release or “discharge” debtors from their debts, perhaps by
paying a portion of each debt. Bankruptcy judges preside over
these proceedings. The debtor owes the debts to creditors – both people or companies. Cf. Chapter 7, Chapter 11,
Chapter 13.
Bankruptcy, as first developed by the British, almost amounted to a criminal proceeding initiated only by a
creditor against an insolvent debtor, considered an offender. The US Constitution gave Congress the power to legislate on the subject of bankruptcy and, originally, only creditors could seek relief through such
proceedings. Since then, changes also allow a debtor to seek adjudication as well as reorganization and
protection.

Bankruptcy Judge. The judge who determines a debtor’s entitlement to a discharge in bankruptcy.
bankruptcy law. The area of federal law dealing with the handling of bankrupt persons or businesses.
bar. 1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the whole body of lawyers.
bar examination. A state examination taken by prospective lawyers allowing admission to the bar and a license to practice
law.
Battered Woman’s Syndrome -or- BWS -or- Battered Person’s Syndrome. A condition characterized by a history
of repetitive spousal abuse and learned helplessness - or the
subjective inability to leave an abusive situation. BWS has
been defined by California courts as “a series of common characteristics that appear in women who are abused physically and psychologically over an extended period of time by the dominant male figure in their lives; a pattern of
psychological symptoms that develop after somebody has lived in a battering relationship; or a pattern of responses and
perceptions presumed to be characteristic of women who have
been subjected to continuous physical abuse by their mates[s].”
battery. 1. unlawful physical violence inflicted upon another
without his or her consent; 2. an intentional and offensive touching or wrongful physical contact with another without
consent, that results in some injury or offends or causes discomfort.
battery. “The unlawful application of force to the person of
another.” Perkins & Boyce, Criminal Law 152 (3d ed, 1982).
The least touching of another’s person willfully, or in anger. 3
Bl. Comm. *120. The actual touching involved in an assault and battery. In tort law, the legal protection from battery extends to any part of one’s body or to “anything so closely
attached thereto that it is customarily regarded as a part
thereof.” Restatement (Second) Torts §18. “Thus, contact
with the plaintiff’s clothing, or with a cane, ... the car which he is
riding [sic] or driving.” suffices to create civil tort liability.
Prosser, Torts 34 (4th ed. 1971). If the contact is offensive, even though harmless, it entitles the plaintiff to an award of nominal damages. Criminal jurisprudence considers every
punishable application of force to the person of another as a criminal battery (a misdemeanor at common law). Perkins and
Boyce, supra at 156-158. A beating, or wrongful physical
violence. “Assault” refers to the actual threat to use force; “battery” refers to the use of it, which usually includes an assault.
bench. The seat occupied by the judge. More broadly, the court itself.

bench trial. (Also known as court trial.) Trial without a jury in which a judge decides the facts.

bench warrant. An order issued by a judge for the arrest of a person.

beneficiary. Someone named to receive property or benefits in a will. In a trust, a person who will receive benefits from the trust.

bequeath. To give a gift to someone through a will.
bequests. Gifts made in a will.
best evidence. Generally, primary evidence; the best
evidence available; “secondary” refers to evidence less than
best, such as a photocopy of an original letter. A rule of
evidence that proof the content of a writing, recording, or
photograph requires the production of the original in court.
Fed. R. Ev. 1002. “Where the terms are material, the original
writing must be produced unless it is shown to be unavailable
for some reason other than the serious fault of the proponent.”
McCormick, Evidence §229 (2d ed. 1972).
bestiality. Sexual relations with animals.
beyond a reasonable doubt. The standard in a criminal case requiring that the jury satisfy itself to a moral certainty that the
prosecution proved every element of a crime. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that an ordinary person removes all reasonable doubts from his mind.
bigamy. The crime of marrying one person while still legally married to another person.
bill of particulars. A statement of the details of the charge made against the defendant.

Bill of Rights. The first ten amendments of the United States Constitution. That part of any constitution which articulates fundamental rights of citizenship. A declaration of rights substantially immune from government interference, and thus, a reservation of limited individual sovereignty. Courts will of necessity balance and limit them when they clash with one another. Thus, courts find that the First Amendment guarantee of free speech and publication has, in some cases, conflicted with the Sixth Amendment guarantee of a fair trial, with the result of a judicial balancing of the two. Courts may also balance the rights of individuals with other social values considered of equal importance. Thus, Oliver Wendell Holmes Jr., US Supreme Court justice, stated that freedom of speech does not extend to yelling “Fire!” in a crowded theatre. Courts will constrain the freedom of religion when its practices seriously endangers the lives of others, or violates other basic social values (for example, values against bigamy).

bind over. To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused’s appearance at trial. (Refers to a state court procedure.)

black letter law -or- hornbook law. Certain principles of law commonly known and without doubt or ambiguity.

blackmail. A form of extortion in which a threat is made to disclose a crime or other social disgrace.

Blackstone. 1. Sir William Blackstone, a English legal theorist and educator, born 1723, died 1780. 2. His treatise on English law, referred to as “Blackstone’s Commentaries on the English Law” or just “Commentaries on the English Law” written 1765-1769. Although it concerns the laws of another country and written more than 200 years ago, “Blackstone’s
Commentaries,” as it is commonly called, remains an important historical source of knowledge regarding the jurisprudence and the content of law in America.

bodily injury. In general usage the term refers to physical harm to a human being. In cases of assault and battery, however, the term refers to the unlawful application of physical force upon the person of the victim – even when no actual
physical harm results.

bond. A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain
duties property. Bail bond, qv.

bound supplement. A supplement to a book or books to update the service bound in permanent form.

booking. The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.
Brandeis brief. A type of legal brief in which wisdom and intellect, instead of legal factors, supports its issues. Named after Louis Brandeis, the then lawyer, who, for example, [successfully] argued economic necessity for the installation of minimum wage laws.
brain death. Death determined by a “flat” reading on an electroencephalograph (EKG), usually after a 24-hour period, or by other medical criteria.
breach. The breaking or violating of a law, right, or duty, either
by commission or omission. The failure of one part to carry out
any condition of a contract.
breach of contract. An unjustified failure to perform the performance agreed upon by contract.
breach of peace. Any unlawful activity that unreasonably disturbs the peace and tranquility of the community. Also, “an act calculated to disturb the public peace”
bribery. The offense of giving or receiving a gift or reward intended to influence a person in the exercise of a judicial or
public duty.
brief. A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation.
Also called a memorandum of law.

buggery. A term usually meaning anal  intercourse.

burden of proof. In the law of evidence, the  necessity or duty of affirmatively proving a fact or facts in dispute on an issue
raised between the parties in a lawsuit. The responsibility of
proving a point (the burden of proof). It deals with which side
must establish a point or points. Proof, qv.
burglary. The breaking and entering of a building, locked
automobile, boat, etc. with the intent to commit a felony or
theft. Also, the entering of a structure for the purposes of committing a felony or theft offense.
burglary. The act of illegal entry with the intent to steal.

business bankruptcy. A proceeding under the Bankruptcy Code filed by a business entity.

but-for rule. A method for determining causality which holds that “without this, that would not be,” or “but for the conduct of the accused, the harm in question would not have occurred.”
bylaws. Rules or laws adopted by an association or corporation to govern its actions.

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capital crime. A crime punishable by death.
calendar. A list of cases scheduled for hearing in court.

canons of ethics. Standards of ethical conduct for attorneys.

capacity. Having legal authority or mental ability. Being of sound mind.

caption. Heading or introductory party of a pleading.

career offender. Under federal sentencing guidelines, a person who (1) is at least 18 years old at the time of the most recent offense; (2) is convicted of a felony that is either a crime of violence or a controlled substance offense; (3) has at least two prior felony convictions of either a crime of violence or a controlled substance offense.

case law. Law established by previous decisions of appellate courts, particularly the United States Supreme Court.

case law. The system of laws, originally developed in England and adopted in the United States, based on court decisions, specifically appellate courts, on the doctrines implicit in those decisions, and on customs and usages rather than on a codified body of written law or statutes. Cf. constitution, legislation, civil law 1. Cf. stare decisis, in Latin Words & Phrases.

cases. General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
castle exception. An exception to the retreat rule that recognizes a persons’ fundamental right to be in his or her home, and also recognizes the home as a final and inviolable place of retreat. Under the castle exception to the retreat rule it
is not necessary to retreat from one’s home in the face of an immediate threat, even where retreat is possible, before resorting to deadly force in protection of the home.
causation in fact. An actual link between an actor’s conduct
and a result.
cause. A lawsuit, litigation, or action. Any question, civil or
criminal, litigated or contested before a court of justice.
cause of action. The fact or facts which give a person a right
to relief in court.
caveat. A warning; a note of caution.
censure. An official reprimand or condemnation of an
attorney. Cf. disbarment, suspension.
Certificate of Title. Document issued by Registrar of Titles for real estate registered under the Torrens System considered conclusive evidence of the present ownership and state of the title to the property described therein.

certification. 1. Written attestation. 2. Authorized declaration
verifying an instrument as a true and correct copy of the
original.
certiorari. A writ of review issued by a higher court to a lower
court. A means of getting an appellate court to review a lower
court’s decision. If an appellate court grants a writ of certiorari,
it agrees to take the appeal. Sometimes referred to as “granting cert.”
challenge. An objection, such as when an attorney objects at
a hearing to the seating of a particular person on a civil or criminal jury.
challenge for cause. A request from a party to a judge that the court not allow a certain prospective juror as a member of a jury because of specified causes or reasons. Cf. peremptory challenge.
chambers. A judge’s private office. A hearing in chambers takes place in the judge’s office outside of the presence of the
jury and the public.
change of venue. Moving a lawsuit or criminal trial to another
place for trial. Cf. venue.
Chapter 7 Liquidation. The declaration of the insolvency or bankrupt financial condition of a debtor, the liquidation of certain assets of the debtor, the fair distribution of such assets,
and the retention by the debtor of properties deemed exempt
from his liabilities. Cf. bankruptcy.
Chapter 11 Reorganization. Petitions for relief under chapter
11, if allowed, permit the debtor to undertake a restructure finances in order to allow the debtor to continue to operate
and, thus, pay his debts. This policy allows for a break from debt collection to allow the debtor to work out a repayment
plan with creditors as to how much the debtor will pay them, in
what form, and other details. Cf. bankruptcy.
Chapter 13 Protection -or- Wage Earner’s Plan. Relief, under chapter 13 of the Bankruptcy Code, in the form of a
petition substantiated by promises (for payment of a
percentage of his debts from future earnings) offered by a
debtor in return for government protection from creditors.
Termed “wage earner’s plan” for individual petitioners and
“chapter 13 protection” for companies. Under chapter 13, the
debtor retains nominal possession and use of his property, but
under supervision of a court-appointed trustee and according
to a court-approved schedule to pay creditors within a period of
time. Bankruptcy trustees also take legal title to the debtor’s
property and hold it “in trust” for equitable distribution among
creditors, if needed. Cf. bankruptcy.
charge to the jury. The judge’s instructions to the jury
concerning the law that applies to the facts of the case on trial.
chief judge. Presiding or administrative judge in a court.
chance medley. A sudden quarrel resulting in an
unpremeditated homicide.
chattel. An article of personal property.
child. Offspring of parentage; progeny.
chronological. Arranged in the order in which events
happened. According to date.
circumstantial evidence. All evidence except eyewitness
testimony. For example, physical evidence, such as
fingerprints, from which an inference can be drawn.
citation. A writ or order issued by a court commanding the
person named therein to appear at the time and place named; also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.
citators. A set of books which provides the subsequent history of reported decisions through a form of abbreviations or words. Shepard’s Citations has the widest use.
civil. Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings.
civil action. An action brought to enforce or protect private rights.

Civil Aeronautics Board (CAB). A commission which promotes and regulates the civil air transport industry in the U.S. and between the U.S. and foreign countries.
civil law. 1. Law originally embodied in the Justinian Code
(Codex Justinianeus) and today prevalent in most western
European countries, and also used as the foundation of law in
Louisiana (due to its French, not English, origins) – cf.
common law. 2. Laws dealing with the rights of private citizens
– cf. criminal law. 3. Laws prescribed by the supreme authority
of the state – cf. natural law. 244 P. 323, 325. Also refer to Justinian Code in the “History of Law” section in this legal
primer.
civil procedure. The rules and process by which a justice system tries and handles appeals in a civil case, including the
preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.
Civil Service Commission. A federal agency which
regulates the hiring of government employees.
claim. A debt owing by a debtor to another person or
business. In probate parlance, the term used for debts of the
decedent and a procedure to follow by a creditor to obtain
payment from his estate.
claim of right. A defense against a charge of larceny, consisting of an honest belief in ownership, or right to possession.
class action. A lawsuit brought by one or more persons on
behalf of a larger group.
Clayton Act. The federal law that amended the Sherman Act
dealing with antitrust regulations and unfair trade practices.
clean air acts. Federal and state environmental statutes
enacted to regulate and control air pollution.
clear and convincing evidence. Standard of proof
commonly used in civil lawsuits and in regulatory agency cases. It is a standard less than that of proof “beyond a
reasonable doubt,” but greater than that required by a “preponderance of the evidence” standard. It governs the
amount of proof that must be offered in order for the plaintiff to win the case. Proof, qv.
clemency -or- executive clemency. Act of grace or mercy by
the president or governor to ease the consequences of a
criminal act, accusation, or conviction. (Sometimes known as
commutation or pardon.)
Clerk of Court. The administrator or chief clerical officer of the court who exercises serious power in the court. Note: NEVER consider this clerk as a “file clerk.”
closing argument. The closing statement, by a counsel, to the trier of facts after all parties have concluded their presentation of evidence.
code. A comprehensive and systematic compilation of laws.
The criminal code refers to the penal laws of the jurisdiction.
Today most jurisdictions have codified a substantial part of their laws. All jurisdictions record each new law in a volume of session laws or Statutes at Large. For example, Public Law
91-112 refers to the 112th law passed by the 91st Congress of the United States. If the jurisdiction does not codify a law, it will
appear only in these session law publications.
code jurisdictions. Those states that have enacted
legislation recognizing as criminal only that conduct specifically
prohibited by statute.
Code of Federal Regulations -or- CFR. An annual
publication which contains the cumulative executive agency regulations.
Code of Professional Responsibility. The rules of conduct
that govern the legal profession.
codicil. An amendment to a will.

codify. To arrange in a code. Cf. code.

collate. To arrange in order; verify arrangement of pages before binding or fastening; put together.

collective mark. Trademark or service mark used by members of a cooperative, an association, or other collective group or organization.

commit. To send a person to prison, asylum, or reformatory by a court order.

common law. Also case law. Law established by subject matter heard in earlier cases.
common law. The system of jurisprudence originally

developed in England, later applied in the United States,
based on judicial precedent rather than statutory laws. Based
on the unwritten laws of England, common laws derive from
principles rather than rules. It does not consist of absolute,
fixed, and inflexible rules, but rather of broad and
comprehensive principles based on justice, reason, and
common sense. It originates and promulgates from judicial
decisions. The social needs of society (and the changes in
those needs) determine common law principles and the changes in those principles. Changes in common law principles reflect new conditions, interests, relations, and usages as the progress of society may require. Cf. civil law 1.
community service. A sentencing alternative that requires offenders to spend at least part of their time working for a community agency.
commutation. The reduction of a sentence, as from death to
life imprisonment.
comparative fault. A rule in admiralty law where the court
requires each vessel involved in a collision to pay a share of the total damages in proportion to its percentage of fault.
comparative negligence. The rule under which a court measures negligence by percentage, and lessens damages in proportion to the amount of negligence attributable to the person seeking recovery.
competent to stand trial. A finding by a court, when a defendant’s mental competency to stand trial is at issue, that the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding,
and that he has a rational as well as factual understanding of the proceedings against him.
complainant. The party who complains or sues; one who applies to the court for legal redress. Cf. plaintiff.
complaint. 1. The legal document that usually begins a civil lawsuit. It states the facts and identifies the action it requests
the court to take. 2. Formal written charge that a person has committed a criminal offense.
complicity. Involvement in crime either as principal or accomplice. The term also refers to the activities of conspirators, and may therefore be taken to mean the conduct on the part of a person that is intended to encourage or aid
another person in the commission of a crime, assist in an escape, or avoid prosecution.
compounding a crime -or- compounding a felony. Consists of the receipt of property or other valuable consideration in exchange for an agreement to conceal or not prosecute one who has committed a crime.

computer crime. Crime which employs computer technology
as central to its commission, and which could not be committed without such technology. Cf. cybercrime.
computer fraud. A statutory provision, found in many states, which makes it unlawful for any person to use a computer or computer network without authority and with the intent to (a) obtain property or services by false pretenses; (b) embezzle or
commit larceny; or (c) convert the property of another.
computer tampering. The illegal insertion or attempt to insert
a “program” into a computer, while knowing or believing that
the “program” contains information or commands that will or
may damage or destroy that computer (or its data), or any
other computer (or its data) accessing or being accessed by
that computer, or that will or may cause loss to the users of
that computer or the users of a computer which accesses or
which is accessed by such “program.”

computer trespass. The offense of using a  computer or computer network without authority and with the intent to (a) remove computer data, computer programs or computer software from a computer or computer network; (b) cause a computer to malfunction; (c) alter or erase any computer data, computer programs or computer software; (d) effect the creation or alteration of a financial instrument or of anelectronic transfer of funds; (e) cause physical injury to the property of another; or (f) make or cause to be made an unauthorized copy of data stored on a computer, or of computer programs or computer software.
concealed weapon. One that is carried on or near one’s person and is not discernible by ordinary observation.
conciliation. A form of alternative dispute resolution in which
the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Similar to mediation but perhaps less formal.
First Edition Condensed May 2004
A free primer. For imprisoned people only, – page 23 – who can reproduce it without permission.
concurrence. The simultaneous coexistence of an act in
violation of the law, and a culpable mental state.
concurrent sentences. Sentences for more than one crime
for the convicted person to serve at the same time, rather than
one after the other. Cf. cumulative sentences, consecutive
sentences.
condemnation. The legal process by which the government takes private land for public use, paying the owners a fair price.
Cf. eminent domain.
conduct. Behavior and its accompanying mental state.
conformed copy. An exact copy of a document containing written things that, for some reason, could not copy. For example, a notation, which states the parties signed a document, replaces the written signature.

consecutive sentences. Successive sentences, one
beginning at the expiration of another, imposed against a person convicted of two or more violations. Cf. concurrent
sentences, cumulative sentences.
consent. A justification offered as a defense to a criminal
charge which claims that the person suffering an injury either
agreed to sustain the injury, or that the possibility of injury in
some activity was agreed to before that activity was
undertaken.
conservatorship. Legal right given to a person to manage
the property and financial affairs of a person deemed incapable of doing that for him or herself. Cf. guardianship.
consideration. The price bargained for and paid for a promise, goods, or real estate.
conspiracy. “A combination or two or more person to commit
an unlawful act, or to commit a lawful by criminal or unlawful
means; or a combination of two or more person by concerted action to accomplish an unlawful purpose, or some purpose not in itself unlawful by unlawful means. It is essential that
there be two or more conspirators; one cannot conspire with himself.” 314 P.2d 625, 631. Some jurisdictions, however, permit prosecution of one person for conspiracy when, for example, the government cannot find or otherwise prosecute the other party(ies). Cf. accessory, aid and abet, accomplice,
complicity.
constitution. The fundamental law of a nation or state which
establishes the character and basic principles of the
government.
constitution. The supreme laws, from the people acting in their sovereign capacity (or by representatives of the people),
which create a government and empower that government to, in turn, govern the people, providing permanence and stability.
In the United States, the word “Constitution” emphasizes the unique American concept of restricting the powers of
government. Schwartz, Constitutional Law, Ch 1, pg 1 (1979).
A constitution, whether state or federal does, in part, preserve and protect the rights of minorities against the arbitrary actions
of those in power. 208 U.S. 412, 420. All other laws must conform to the constitution, the supreme law of the land, which
no statute can abolish or nullify even in part. 140 F. Supp.
925. Cf. legislation, case law.
constitutional law. Law set forth in the Constitution of the United States and the state constitutions.
constructive entry. In the crime of burglary, one that occurs when the defendant causes another person to enter a structure to commit the crime or achieve a felonious purpose.
constructive possession. The ability to exercise control over property and objects, even though not in one’s physical custody.
constructive touching. A touching inferred or implied from prevailing circumstances. Also, a touching for purposes of the law.
consumer bankruptcy. A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) who do not
conduct a business.
contempt of court. Willful disobedience of a judge’s command or of an official court order.
continuance. Postponement of a legal proceeding to a later
date.
contract. An agreement between two or more persons which creates an obligation to do or not to do a particular thing. A
legally enforceable agreement between two or more competent parties made either orally or in writing.
contributory negligence. The rule of law under which the court considers an act or omission of plaintiff as a cause of injury and a bar to recovery.
controlled substance. A specifically defined bioactive or
psychoactive chemical substance which comes under the purview of the criminal law.
conversion. Unauthorized assumption of the right of
ownership. Conversion is a central feature of the crime of
embezzlement, as in the unlawful conversion of the personal
property of another, by a person to whom it has been
entrusted.
conveyance. Instrument transferring title of land for one
person or group of persons to another.
conviction. A judgment of guilt against a criminal defendant.
coroner. A public official who investigates the causes and
circumstances of deaths that occur within his jurisdiction and
makes a finding in a coroner’s inquest. Autopsy, inquest, qv.
Post mortem, qv, in Latin Words & Phrases.
corroborating evidence. Supplementary evidence that tends to strengthen or confirm the initial evidence.
counsel. A legal adviser; a term used to refer to lawyers in a case.
counterclaim. A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within
a lawsuit.
court. A government body to which the government delegates the administration of justice.
court-appointed attorney. Attorney appointed by the court to represent a defendant, usually with respect to criminal charges and without the defendant having to pay for the representation.
court costs. The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money that the court may award to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.
court of last resort. The highest court in the land. Typically, the supreme court of a state or the US.
court of original jurisdiction. A court where a party initiates a matter and the court hears it in the first instance; a trial court.
court of record.
court reporter. A person who transcribes by shorthand or stenographically takes down testimony during court proceedings, a deposition, or other trial-related proceeding.
court rules. Regulations governing practice and procedure in the various courts.
creditor. A person to whom a debtor owes a debt.
crime. Any act or omission prohibited by public law, committed without defense or justification, and made punishable by the state in a judicial proceeding in its own name.
crime against nature. A general term which can include homosexual or heterosexual acts of anal intercourse, oral intercourse, and bestiality, and which may even apply to heterosexual intercourse in “positions” other than the generally accepted “missionary” position.
criminal conspiracy. An agreement between two or more persons to commit or to effect the commission of an unlawful act, or to use unlawful means to accomplish an act that is not unlawful.
criminal contempt. Deliberate conduct calculated to obstruct or embarrass a court of law. Also, conduct intended to degrade
the role of a judicial officer in administering justice.
criminal homicide. The purposeful, knowing, reckless, or negligent causing of the death of one human being by another.
Also, that form of homicide for which criminal liability may be incurred. Criminal homicide may be classified as murder, manslaughter, or negligent homicide criminal justice system. The network of courts and tribunals which deal with criminal law and its enforcement.
criminal law. That body of rules and regulations that defines and specifies punishments for offenses of a public nature, or
for wrongs committed against the state or society; also called penal law.
criminal law. A law enacted to preserve public order by
defining an offense against the public and imposing a penalty
for its violation. Cf. civil law 2. 191 N.Y.S.2d 54, 57. Some
statutes grant private [civil] actions against such a wrongdoer in a remedial, not penal, capacity. 218 S.W.2d 75, 78; 59 S.W.
952, 953.
criminal liability. The degree of blameworthiness assigned to
a defendant by a criminal court, and the concomitant extent to which the defendant is subject to penalties prescribed by the
criminal law.

criminal mischief. The intentional or knowing damage or destruction of the tangible property of another.

criminal negligence. 1.) behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences; 2.) negligence of such a nature and to such a degree that it is punishable as a crime; 3.) flagrant and reckless disregard for the safety of others, or willful indifference to the safety and welfare of others.

criminal sexual conduct. A gender-neutral term which is applied today to a wide variety of sex offenses, including rape, sodomy, criminal sexual conduct with children, and deviate
sexual behavior.

criminal simulation. The making of a false document or object that does not have any apparent legal significance.

criminal solicitation. The encouraging, requesting, or commanding of another person to commit a crime.

criminal syndicalism. Advocating the use of unlawful acts as a means of accomplishing a change in industrial ownership, or to control political change.

criminal trespass. The entering or remaining on the property or in the building of another when entry was forbidden or; having received notice to depart, failing to do so.

criminalize. To make criminal. To declare an act or omission to be criminal or in violation of a law making it so.

criminally negligent homicide. Homicide which results from criminal negligence.

culpable ignorance. The failure to exercise ordinary care to acquire knowledge of the law or of facts which may result in criminal liability.
cross-claim. A pleading which asserts a claim arising out of the same subject action as the original complaint against a coparty,
i.e., one co-defendant cross claims against another codefendant
for contribution for any damages assessed against him.
cross-examination. The questioning of a witness produced by the other side.
cumulative sentences. Sentences for two or more crimes to
run consecutively, rather than concurrently. Cf. concurrent sentences, consecutive sentences.
custody. Detaining of a person by lawful process or authority
to assure his or her appearance to any hearing; the jailing or imprisonment of a person convicted of a crime.

cybercrime. Crime which employs computer technology as central to its commission, and which could not be committed without such technology. Another word for computer crime.
Cf. computer crime.

D — D — D — D — D — D — D — D — D
damages. Money awarded by a court to a person injured by the unlawful actor negligence of another person.

dangerous proximity test. A test for assessing attempts, under which a person is guilty of an attempt when his or her conduct comes dangerously close to success.

deadly force. Force likely to cause death or great bodily harm.

debtor. One who owes a debt to another; a person filing for
relief under the Bankruptcy Code.
decedent. A deceased person.
decision. The opinion of the court in concluding a case at law.
declaratory judgment. A statutory remedy for judicial
determination of a controversy where the plaintiff has doubts
about his legal rights.
decree. An order of the court. A final decree fully and finally
disposes of the litigation. Cf. interlocutory.
defamation. That which tends to injure a person’s reputation.
Cf. libel, slander.
default. Failure of the defendant to appear and answer the summons and complaint.
default judgment. A judgment entered against a party who fails to appear in court or respond to the charges.
defendant. The person defending or denying a suit.
defense. Evidence and arguments offered by a defendant and his or her attorney(s) to show why that person should not
be held liable for a criminal charge.
defense of property. Affirmative defense in criminal law or
tort law where defendant used force to protect his property.
defense wound. Refers to a wound of a victim related to the victim’s defense of a physical attack. Juries or other triers of
fact determine the truth as to the existence of a defense wound. Some medical examiners and coroners wrongfully attempt to describe a wound as a “defense wound.” Such
terminology contains serious prejudice by a government official.
deficient. Incomplete; defective; not sufficient in quantity or
force.
defunct. A corporation no longer operative; having ceased to exist.

degree. The level of seriousness of an offense.
degree of proof. The measure of probability necessary in order for a court or other fact-finder to render a decision or verdict with regard to the evidence presented to it. Proof, qv.
democracy. Government exercised either directly by the
people or through elected representatives and officers. Thus, the populace acts as the supreme source of political power. The principles of social equality and respect for the individual within a community.The word “democracy” derives from the Greek “demokratia,” from the phrase “demos kratia,” meaning
“people’s power.”
demurrer. A pleading filed by the defendant claiming that the filed complaint as insufficient to require an answer.
dependent. One who derives existence and support from another.
deposition. Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court’s file.
depraved heart murder. 1. unjustifiable conduct which is
extremely negligent, and which results in the death of a human being. 2. the killing of a human being with extreme atrocity.
designer drugs. Chemical substances which have a potential for abuse similar to or greater than that for controlled substances, but which are designed to produce a desired
pharmacological effect and to evade the controlling statutory provisions.
determinate sentencing -or- presumptive sentencing -or fixed sentencing. A model for criminal punishment which
sets one particular punishment, or length of sentence, for each
specific type of crime. Under the model, for example, all offenders convicted of the same degree of burglary would be
sentenced to the same prison sentence.
deterrence. A goal of criminal sentencing which seeks to prevent others from committing crimes similar to the one for which an offender is being sentenced.
deviate sexual intercourse. Any contact between any part of the genitals of one person and the mouth or anus of another.
digest. An index or compilation of abstracts of reported cases into one, set forth under proper law topic headings or titles and
usually in alphabetical arrangement.
diminished capacity -or- diminished responsibility. A
defense based upon claims of a mental condition which may be insufficient to exonerate a defendant of guilt, but that may
be relevant to specific mental elements of certain crimes or degrees of crime.
direct evidence. Proof of facts by witnesses who saw acts done or heard words spoken.
direct examination. The initial questioning of witnesses by the party who called the witness meant to present testimony
containing the factual argument the party intends to make. It should not employ leading questions except as necessary to develop his testimony.
directed verdict. In a case in which the plaintiff has failed to present on the facts of his case proper evidence for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it.
disbarment. Form of discipline of a lawyer resulting in the
loss (often permanently) of that lawyer’s right to practice law.
Cf. censure, suspension.
discharge. The name given to the bankruptcy court’s formal discharge of a debtor’s debts. In probate, the release of the
estate’s representative from fiduciary responsibility.
disclaim. To refuse a gift made in a will.
discovery. The name given pretrial devices for obtaining facts and information about the case.
dismissal. The termination of a lawsuit. Cf. with prejudice,
without prejudice.
disorderly conduct. Specific, purposeful, and unlawful behavior that tends to cause public inconvenience, annoyance, or alarm.
Dissent To Disagree. An appellate court opinion setting forth
the minority view and outlining the disagreement of one or more judges with the decision of the majority.
dissolution. The termination; process of dissolving or winding up something.
disturbance of public assembly. A crime that occurs when any person(s) acts(s) unlawfully at a public gathering collected for a lawful purpose in such a way as to purposefully disturb
the gathering.
diversity of citizenship. The condition when the party on one party of a lawsuit claims citizenship in one state and the other party claims citizen in another state; such cases fall under the jurisdiction of federal courts. “Party” in this definition refers to persons, corporations, municipalities, and counties.
diversion. The process of removing some minor criminal, traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation
or make restitution for damages.
docket. An abstract or listing of all pleadings filed in a case; the book containing such entries; trial docket is a list of or
calendar of cases to be tried in a certain term.
docket control. A system for keeping track of deadlines and court dates for both litigation and non-litigation matters.
domicile. The place where a person has his permanent home to which he intends to return.

double jeopardy. Putting a person on trial more than once for the same crime. The Fifth Amendment to the United States Constitution prohibits double jeopardy.

driving under the influence -or- DUI. Unlawfully operating a motor vehicle while under the influence of alcohol or drugs. Cf. driving while intoxicated.

driving while intoxicated -or- DWI . Unlawfully operating a motor vehicle while under the influence of alcohol. Cf. driving
under the influence.

drug. A generic term applicable to a wide variety of substances having any physical or psychotropic effect upon the human body.
DSM-IV. The fourth edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. The DSM-IV lists 12 major categories of mental disorder.
due process of law. The right of all persons to receive the guarantees and safeguards of the law and the judicial process.
It includes such constitutional requirements as adequate
notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses. Refer to the Due Process section in this
legal primer.
duress -or- compulsion. A condition under which one is forced to act against one’s will.
Durham Rule -or- product rule. A rule which holds that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or mental defect.

E — E — E — E — E — E — E — E — E

effective consent. Also termed legal consent, is consent that has been obtained in a legal manner.

elements of a crime. Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually
occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors.

embezzlement. The misappropriation of property already in possession of the defendant. Also, the unlawful conversion of the personal property of another, by a person to whom it has been entrusted by (or for) its rightful owner.

Eminent Domain. The power of the government to take private property for public use through condemnation.

en banc. All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but normally they hear cases in panels of three judges. “En banc” refer to a
hearing or a rehearing by the full court.
encyclopedia. A book or series of books arranged
alphabetically by topics containing information on areas of law, including citations to support the information.
enjoining. An order by the court telling a person to stop
performing a specific act.
entity. A person or legally recognized organization.
entrapment. An improper or illegal inducement to crime by agents of enforcement. The act of inducing a person to commit a crime so that a criminal charge will be brought against him. Also, a defense that may be raised when such
inducements occur.
entry. A statement of conclusion reached by the court and placed in the court record.
environment. The conditions, influences, or forces which
affect the desirability and value of property, as well as the effect on people’s lives.
Environmental Protection Agency (EPA). A federal agency created to permit coordinated and effective governmental action to preserve the quality of the environment through the
abatement and control of pollution on a systematic basis.

equal protection of the law. The guarantee in the
Fourteenth Amendment to the U.S. Constitution that the law treat all persons equally.
equity. Justice administered according to fairness; the spirit or
habit of fairness in dealing with other persons. A sentencing
principle, based upon concerns with social equality, which holds that similar crimes should be punished with the same
degree of severity, regardless of the social or personal
characteristics of offenders.
escheat. The process by which a deceased person’s property goes to the state if it finds no heir.
escrow. By agreement between two parties, money or a written instrument such as a deed held by a neutral third party
(held in escrow) until parties meet all conditions of the agreement.

esquire. In the United States the title commonly appended after the name of an attorney. In English law a title of dignity next above gentleman and below knight. Title also given to barristers at law and others. Abbreviated: Esq.
espionage. The unlawful act of spying for a foreign
government.
estate. A person’s property.
estate tax. Generally, a tax on the privilege of transferring
property to others after a person’s death. In addition to federal
estate taxes, many states have their own estate taxes.
estop. To impede or prevent.
estoppel. An impediment that prevents a person from asserting or doing something contrary to his own previous assertion or act.
ethics. Of or relating to moral action and conduct; professionally right; conforming to professional standards.
evidence. Information presented in testimony or in
documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
exceptions. Declarations by either side in a civil or criminal
case reserving the right to appeal a judge’s ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or
one of its hearing officers.
Exclusionary Rule. A constitutional rule of law based upon court interpretation of the constitutional prohibition against unreasonable searches and seizures, which provides that the
prosecution may not use otherwise admissible evidence in a criminal trial if the police obtained it through illegal conduct.
The rules does not apply in civil proceedings, although some statutes specifically provide for exclusion of such evidence.
Fruit of the poisonous tree, qv. exculpatory. Refers to evidence, statements, or testimony that tends to exonerate, clear, or excuse a defendant of guilt or wrongdoing. Cf. inculpatory.

excusable homicide. Killing in a manner which the criminal law does not prohibit. Also, homicide that may involve some fault, but which is not criminal homicide.

excuses. A category of legal defenses in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held
accountable under the criminal law.

execute. To complete; to sign; to carry out according to its terms.

execution of public duty defense. A defense to a criminal charge (such as assault) which is often codified, and which
precludes the possibility of police officers and other public employees from being prosecuted when lawfully exercising
their authority.
executor. A personal representative, named in a will, who administers an estate.
exempt property. All the property of a debtor not attachable under the Bankruptcy Code or the state statute.
exhibit. A document or other item introduced as evidence during a trial or hearing.
exonerate. Removal of a charge, responsibility, or duty.
ex parte. On behalf of only one party, without notice to any other party. For example, a request for a search warrant, since neither the party nor the court notifies the person subject to the search of the proceeding, nor does that person attend the hearing.
ex parte proceeding. A judicial proceeding brought for the benefit of one party only, without notice to or challenge by an
adverse party.

explicit. Expressed without vagueness or ambiguity. Clearly formulated or defined. For example, a concealed weapon statute with the wording “...revolvers, derringers, and similar firearms...” explicitly refers to revolvers. Cf. implicit.

express consent. Verbally expressed willingness to engage in a specified activity.

expungement. The process by which the court destroys or seals the record of criminal conviction.

extenuating circumstances. Circumstances which render a crime less aggravated, heinous, or reprehensible than otherwise.

extortion. The taking of personal property by threat of future harm.

extradition. The surrender of an accused criminal by one state to the jurisdiction of another.

F — F — F — F — F — F — F — F — F

fair market value. The value for which a reasonable seller would sell an item of property and for which a reasonable buyer would buy it.

false imprisonment -or- false arrest. The unlawful restraint of another person’s liberty. Also, the unlawful detention of a person without his or her consent.

false pretenses. Knowingly and unlawfully obtaining title to, and possession of, the lawful property of another by means of deception, and with intent to defraud. Also known as obtaining
property by false pretenses.

family law. Those areas of the law pertaining to families, i.e., marriage, divorce, child custody, juvenile, paternity, etc.

Federal Aviation Agency -or- FAA. A federal agency which regulates air commerce to promote aviation Administration safety.

Federal Bureau of Investigation -or- FBI. A federal agency which investigates all violations of federal laws.

Federal Communications Commission -or- FCC.
A federal agency which regulates interstate and foreign communications by wire and radio.
Federal Deposit Insurance Corporation -or- FDIC.
An agency which insures deposits in banking institutions in the event of financial failure.
Federal Insurance Contribution Act -or- FICA.
The federal act which imposes a tax on employers and employees used to fund the Social Security system. IRC §3101 et seq.

federal interest computer. A computer exclusively for the
use of a financial institution or the United States Government, or one which is used by or for a financial institution or the United States Government, or which is one of two or more
computers used in committing the offense, not all of which are located in the same state.
Federal Mediation and Conciliation Service.
An agency which provides mediators to assist in labormanagement
disputes.
Federal Register. A daily publication which contains federal administrative rules and regulations.
Federal Supplement. Books which contain decisions of the Federal District Courts throughout the country.

Federal Unemployment Tax. A tax levied on employers based on employee wages paid. (FUTA tax)

fellatio. Oral stimulation of the penis.

felony. A serious criminal offense. Under federal law any offense punishable by death or imprisonment for a term exceeding one year.
felony murder rule. A rule that establishes murder liability for a defendant if he or she kills another person during the commission of certain felonies.
fiduciary. A person or institution who manages money or property for another and who must exercise a standard care imposed by law, i.e., personal representative or executor of an
estate, a trustee, etc.
fighting words. Words spoken under  circumstances and, in some jurisdictions, with intent to provoke, inherently likely to
provoke a breach of the peace from the person so addressed.
Fighting words do not fall under the privilege of the First Amendment to the U.S. Constitution. Chaplinsky v. United
States 315 U.S. 568, 62 S.Ct. 766, 86 L.E. 1031.
file. To place a paper in the official custody of the clerk of
court/court administrator to enter into the files or records of a
case.
Filing Fee. The fee required for filing various documents.
finding. Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.
first impression. -or- first consideration. The first time a court considers, for determination, a particular question of law.
A first impression case presents a question of law never before considered by any court, and thus, not influenced by stare decisis. Cf. question of law, stare decisis.

fleeing felon rule. A now defunct law enforcement practice that permitted officers to shoot a suspected felon who attempted to flee from a lawful arrest.

Food and Drug Administration (FDA). A federal agency which sets safety and quality standards for food, drugs, cosmetics, and household substances.

forcible rape. Rape that is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the victim.

foreclosure. A court proceeding upon default in a mortgage
to vest title in the mortgagee.
forfeiture. 1. An enforcement strategy supported by federal
statutes and some state laws which authorizes judges to seize
“all monies, negotiable instruments, securities, or other things
of value furnished or intended to be furnished by any person in
exchange for a controlled substance...(and) all proceeds
traceable to such an exchange.” 2. A cancellation. A legal
action whereby a contract purchaser following default loses all
his interest in the property.
forgery. The making of a false written instrument or the
material alteration of an existing genuine written instrument.
fornication. Voluntary sexual intercourse between two persons, one of whom is unmarried.
fraud. A false representation of a matter of fact which is intended to deceive another.
fruit of the poisonous tree doctrine. Under the due process clause of the Fourteenth Amendment, a rule of evidence
prohibiting the admission against the defendant evidence of the direct result or immediate product of illegal conduct by an
official. 371 U.S. 471. Courts recognize an exception in that
prosecution may use such evidence to impeach the testimony of a defendant who takes the stand in his own defense. 401
U.S. 222. This rule does not apply to evidence resulting from
illegal conduct by private persons except such conduct
involving complicity on the part of the state. 256 U.S. 465.
However, several states courts do exclude evidence obtained through unreasonable private-party searches. 485 P.2d 47.
Also, if the police employ a method of acquiring evidence
sufficiently distinct from the original illegal activity, the
prosecution may use the evidence if it shows the dissipation of
the tainted (poisonous) act. For example, a bona fide
confession where the police illegally arrested but then released
the defendant, who then sometime thereafter returns and
confesses. 371 U.S. 971.
This doctrine draws its name from the idea that, once the police “poison the tree” (act illegally to obtain or to attempt to obtain the primary evidence), then any “fruit of the tree” (any primary, secondary or other evidence) resulting from that illegal search also contains that “poison.”

G — G — G — G — G — G — G — G — G
gambling. The wagering of money, or of some other thing of value, on the outcome or occurrence of an event.

garnishment. A legal proceeding in which a garnishee (a possessor of debtor’s money), applies that money to the debts of the debtor, such as when an employer garnishes a debtor’s
wages.

general deterrence. A goal of criminal  sentencing that seeks to prevent others from committing crimes similar to the one for
which a particular offender is being sentenced by making an example of the person sentenced.

general intent. That form of intent that can be assumed from the defendant’s behavior. General intent refers to an actor’s physical conduct.

general jurisdiction. Refers to courts that have no limit on the types of criminal and civil cases they may hear.

Golden Age of the Victim. An historical epoch during which victims had well-recognized rights, including a personal say in imposing punishments upon apprehended offenders.
good time. A reduction in sentenced time in prison as a reward for good behavior, normally one third to one half of the maximum sentence.

Government Printing Office. The federal agency in charge of printing, binding, and selling of all government communications.

Grand Jury. A jury of inquiry empanelled to receive complaints and accusations in criminal matters and if appropriate issue a formal indictment.

grantor -or- settlor. The person who sets up a trust.

grievance. In labor law, a complaint filed by an employee regarding working conditions seeking resolution by procedural machinery provided in the union contract. An injury, injustice, or wrong that gives ground for complaint.

gross negligence. Conscious disregard of one’s duties, resulting in injury or damage to another.

guardian. A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, the court usually names the other parent as the
guardian. If both die, the court will probably name a close relative.
guardianship. Legal right given to a person as responsible for the food, housing, health care, and other necessities of a
person deemed incapable of providing these necessities for him or herself.

guilty but mentally ill -or- GBMI. Equivalent to a finding of “guilty,” a GBMI verdict establishes that “the defendant, although mentally ill, was sufficiently in possession of his
faculties to be morally blameworthy for his acts.”

H — H — H — H — H — H — H — H — H
habeas corpus. The name of a writ having for its object to bring a person before a court. See the Habeas Corpus
section.
habitual offender. A person sentenced under the provisions of a statute declaring that persons convicted of a given offense, and shown to have previously been convicted of
another specified offense(s), shall receive a more severe penalty than that for the current offense alone.
harm -or- resulting harm. Loss, disadvantage, or injury or anything so regarded by the person affected, including loss, disadvantage, or injury to any other person in whose welfare he is interested.
harmless error. An error committed during a trial that either
the court corrected or not serious enough to affect the outcome of a trial and therefore not sufficiently harmful (prejudicial) to prompt reversal on appeal.
headnote. A brief summary of a legal rule or significant facts
in a case, which along with other headnotes, precedes the printed opinion in reports.
hearing. A formal proceeding (generally less formal than a
trial) with the purpose to hear definite issues of law or of fact.
Legislative and administrative agencies extensively use hearings.
hearsay. Statements by a witness who did not see or hear
the incident in question but heard about it from someone else
– “hear” someone “say.” Courts admit hearsay as evidence depending on several tenuous principles.
hidden costs of crime. The intangible impact of crime on victims, including such difficult to measure aspects of the
victimization experience such as pain, suffering, and
decreased quality of life.
home confinement -or- house arrest. Individuals ordered
confined in their homes are sometimes monitored
electronically to be sure they do not leave during the hours of
confinement (absence from the home during working hours is
often permitted).
hostile witness. A witness whose testimony does not favor
the party who calls him or her as a witness. The direct
examination can include leading questions to a hostile witness
and the party who calls such a witness to the stand may crossexamine
him or her.
hung jury. A jury whose members cannot agree upon a
verdict.
I — I — I — I — I — I — I — I — I
ignorance of fact. Lack of knowledge of some fact relating to
the subject matter at hand.
ignorance of the law. A lack of knowledge of the law or of
the existence of a law relevant to a situation at hand.
immigrants. Persons who come into a foreign country or region to live.
immigration. The entry of foreign persons into a country to live permanently.
Immigration and Naturalization Service (INS). A federal
agency which regulates immigration and naturalization of aliens.
immunity. Grant by the court, which assures someone will
not face prosecution in return for providing criminal evidence.
impeachment. A criminal proceeding against a public official.
impeachment of a witness. An attack on the credibility
(believability) of a witness, through evidence introduced for that
purpose.
implied contract. A contract not created or evidenced by the
explicit agreement of the parties but one inferred by law; as the
use of electric power in your home implies a contract with the
light company.
implicit. Implied or understood although not directly
expressed. For example, a concealed weapon statute with the
wording “...revolvers, derringers, and similar firearms...”
implicitly refers to semi-automatic pistols. The implicit meaning
of an expression comes from the material in question through
logic, implications, or understandings. Parties and courts seek
to scrutinize possible implicit renderings of an expression.
Scrutiny can focus on nouns, verbs, adjectives, and all other parts of speech. Cf. explicit.
impossibility. A defense to a charge of attempted criminal
activity that claims either that the defendant could not have
factually or legally committed the envisioned offense even if he
or she had been able to carry through the attempt to do so. It
is, for example, factually impossible to kill someone who is
already dead.
inadmissible. That which, under the rules of evidence,
cannot be admitted or received as evidence.
incapacitation. The use of imprisonment or other means to
reduce the likelihood that an offender will be capable of
committing future offenses.
First Edition Condensed May 2004
A free primer. For imprisoned people only, – page 26 – who can reproduce it without permission.
incapacity. Lack of legal ability to act; disability,
incompetence; lack of adequate power.
incarceration. Imprisonment in a jail or penitentiary.
incest. Unlawful sexual intercourse with a relative through blood or marriage.
inchoate crime -or- anticipatory offense. An unfinished
crime that generally leads to another crime. Also, crimes that
consist of actions that are steps toward another offense.
inciting a riot. The use of words or other means intended and
calculated to provoke a riot.
incompetent. One who lacks ability, legal qualification, or
fitness to manage his own affairs.
incompetent to stand trial. A finding by a court that, as a
result of a mental illness, defect or disability, a defendant is
unable to understand the nature and object of the proceeding
against him or to assist in the preparation of his own defense.
inculpatory. Refers to evidence, statements, or testimony which tends to incriminate a defendant of guilt or wrongdoing.
Cf. exculpatory.
indecent exposure. Public indecency. Specifically, the willful exposure of the private parts of one person to the sight of
another person in a public place with the intent to arouse or
gratify sexual desires. Also, the commission, in a place
accessible to the public, of (1) an act of sexual intercourse; (2)
a lewd exposure of the sexual organs; (3) a lewd appearance
in a state of partial or complete nudity; or (4) a lewd caress or indecent fondling of the body of another person.
independent executor. A special kind of executor, permitted
by the laws of certain states, who performs the duties of an executor without intervention by the court.
indeterminate sentence. A model of criminal punishment that builds upon the use of general and relatively unspecific
sentences (such as a term of imprisonment of “from one to ten
years”). A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute,
subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.
indictment. A written accusation by a grand jury charging a person with a crime. Cf. information.
indigent. Needy or impoverished. To a defendant who can
demonstrate his or her indigence to the court, the court may
appoint an attorney at public expense.
indispensable evidence. Evidence necessary to prove a
particular fact.
infancy -or- immaturity. A defense that makes the claim that
certain individuals should not be held criminally responsible for
their activities by virtue of youth.
initial appearance. The defendant comes before a judge
within hours of the arrest to determine the presence of
probable cause for his or her arrest.
inference. A deduction from the facts given, usually less than
certain, but which a trier of fact may decide as sufficient to
support a finding of fact. “...a process of reasoning by which a
fact or proposition sought to be established ... is deducted as a
logical consequence from other facts, or a state of facts, already proved or admitted. ...It has also been defined as ‘a deduction of an ultimate fact from other proved facts., by virtue of the common experience of man, will support but not compel
such deductions.’ ” 186 A.2d 632, 633. Cf. presumption.
Proof, qv.
information. Accusatory document, filed by the prosecutor, detailing the charges against the defendant. An alternative to
an indictment, it serves to bring a defendant to trial.
information. A written accusation of a crime signed by the prosecution charging a person with the commission of a crime.
An alternative to an indictment as a means of starting a criminal prosecution. An information serves to inform the defendant of the charges against him, and to inform the court of the factual basis of the charge(s). Only states may use an
information.
infraction -or- summary offense. A violation of a state
statute or local ordinance punishable by a fine or other penalty,
but not by incarceration. Governments generally consider
minor traffic offenses as infractions.
inherently dangerous. An act or course of behavior (usually
a felony) which, by its very nature is likely to result in death or
serious bodily harm to either the person involved in the
behavior, or to someone else.
inheritance tax. A state tax on property that an heir or
beneficiary under a will receives from a deceased person’s
estate. The heir or beneficiary pays this tax.
injunction. A prohibitive order or remedy issued by the court
at the suit of the complaining party, which forbids the
defendant to do some act which he threatens or attempts to
do. Conversely, it may require him to perform an obligatory act
that he refuses to do.
inquest. A judiciary inquiry. An inquiry made by a coroner to
determine the cause of death in a sudden death, a death
under suspicious circumstances, a death in prison, or a killing.
Generally, “a trial of an issue of fact where the plaintiff alone
introduces testimony [and which] does not necessitate a jury.”
6 How. Prac. 118, 119.
insanity. An affirmative defense to a criminal charge; a social
and legal term (rather than a medical one) that refers to “a
condition which renders the affected person unfit to enjoy
liberty of action because of the unreliability of his behavior with
concomitant danger to himself and others.” Also, a finding by a
court of law.
Insanity Defense Reform Act -or- IRDA. Part of the 1984 Crime Control and Prevention Act, the IRDA mandated a comprehensive overhaul of the insanity defense as it operated in the federal courts, making insanity an affirmative defense to be proved by the defendant by clear and convincing evidence, and creating a special verdict of “not guilty by reason of
insanity.”
insolvent. When the total debt of an entity is exceeds the
value of all of its property.
instruction to the jury -or- charge to the jury. Judge’s explanation to the jury before it begins deliberations of the
questions it must answer and the applicable law governing the
case.
intangible assets. Nonphysical items such as stock
certificates, bonds, bank accounts, and pension benefits that
have value and must be taken into account in estate planning.
intangible property. Property that has no intrinsic value, but
which represents something of value. Intangible personal
property may include documents, deeds, records of
ownership, promissory notes, stock certificates, software and
intellectual property.
intensive supervision. A form of probation supervision
involving frequent face-to-face contacts between the
probationary client and probation officers.
intentional action. Action undertaken volitionally to achieve
some goal.
intentional tort. A wrong perpetrated by one who intends to
break the law.
interlocutory. Temporary; provisional; interim; not final.
intermediate sanctions -or- alternative sanctions. The use
of split sentencing, shock probation and parole, home
confinement, shock incarceration, and community service in
lieu of other, more traditional, sanctions such as imprisonment
and fines. Intermediate sanctions are becoming increasingly
popular as prison crowding grows.
Internal Revenue Service (IRS). The federal agency which
administers the tax laws of the United States.
interrogatories. A set or series of written questions propounded to a party, witness, or other person having information or interest in a case; a discovery device.
Interstate Commerce Commission (ICC). A federal agency
which regulates all transportation in interstate commerce.
intervention. An action by which a court permits a third
person, who may be affected by a lawsuit, to become a party
to the suit.
invasion of privacy. The wrongful intrusion into a person’s private activities by another or by the government. Tort law protects one’s private affairs with which the public has no
concern against the unwarranted exploitation or publicity that would cause mental suffering or humiliation to the average person. The right to privacy may exist to a lesser degree
regarding the life of a politician or another in whom the public
has a rightful interest. Celebrities essentially give up some or
much of such rights of theirs by making themselves public
personalities. The US Constitution’s due process clause
protects some personal decisions from unwarranted
government interference, such as: decisions related to
marriage, procreation, family relationships, child rearing, and
education. 431 U.S. 678. Cf. slander, libel.
involuntary bankruptcy. A proceeding initiated by creditors
requesting the bankruptcy court to place a debtor in liquidation.
involuntary intoxication. Unwillful intoxication.
involuntary manslaughter. An unintentional killing for which criminal liability is imposed, but which does not constitute
murder. Also, the unintentional killing of a person during the
commission of a lesser unlawful act, or the killing of someone
during the commission of a lawful act, which nevertheless
results in an unlawful death.
Irresistible Impulse Test. A test for insanity that evaluates
defense claims that, at the time the crime was committed, a
mental disease or disorder prevented the defendant from
controlling his or her behavior in keeping with the requirements
of the law.
issue. 1. The disputed point in a disagreement between
parties in a lawsuit. 2. To send out officially, as in to issue an
order.

J — J — J — J — J — J — J — J — J
jailhouse lawyer. A prisoner who, through self-study of law, assists fellow inmates in the preparation of their appeals, but does not possess formal training and cannot practice law. Indigent prisoners must often rely on jailhouse lawyers as theironly assurance of proper and sufficient access to the courts. Thus, the US Supreme Court has declared the constitutional
protection of such assistance. 393 U.S. 483.
Despite its seemingly uncultured and non-legalese appearance, courts look upon and use “jailhouse lawyer” as a legitimate legal term.

joint and several liability. A legal doctrine that makes each of the parties responsible for an injury as liable for all the
damages awarded in a lawsuit if the other parties responsible
cannot pay.
joint tenancy -or- survivorship. A form of legal co-ownership
of property. At the death of one co-owner, the surviving coowner
becomes sole owner of the property. Tenancy by the
entirety refers to a special form of joint tenancy between a
husband and wife.
judge. A presiding officer of the court.
judgment. The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit
submitted to the court for determination. Cf. summary judgment.
judgment debtor. One who owes money as a result of a judgment in favor of a creditor.
judgment proof.
judicial lien. A lien obtained by judgment or other judicial process against a debtor.
judicial review. The authority of a court to review the official
actions of other branches of government. Also, the authority to
declare unconstitutional the actions of other branches.
judiciary. The branch of government invested with judicial
power to interpret and apply the law; the court system; the
body of judges; then bench.
jural postulates. Rules that, according to former Harvard Law
School dean Roscoe Pound, reflect shared needs common to
the members of society, and form the basis of all law in
advanced societies.
jurat. Certificate of person and officer before whom a signor swears to a writing.
jurisdiction. The power or authority of a court to hear and try a case; the geographic area in which a court has power or the
types of cases it has power to hear.
jurisdiction. The power to hear and determine a case, with reference to particular subjects and to parties of particular categories. Valid exercise of jurisdiction requires fair notice to, and an opportunity for, the affected parties to present their
issues to the court. Courts exercise “subject matter
jurisdiction” and “personal jurisdiction.” Cf. subject matter
jurisdiction, personal jurisdiction.
jurisprudence. 1. The study of the structure of legal systems
– different from the study of its content. 2. The overall course
of judicial decisions (case law) – different from legislation. 3. sometimes used by a writer to simply mean “law.”
jurist. 1. One well-versed in law, especially an eminent judge, attorney, or scholar. 2. A term used simply to refer to a judge.
jury. A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for
a public offense.
Jury Administrator. The court officer responsible for choosing the panel of persons to serve as potential jurors for a particular court term.
jury nullification. The power of a jury to try the law as well as
the facts before it. Thus, a jury may nullify (void) the applicability of the law to the facts where the jury believes that
the law should not apply, and so, produce a finding of “not guilty.”
Courts have ruled that the government does empower juries to nullify the law ( 255 Ga. 616, 340 S.E.2d 891,
914; 391 U.S. 510, 519 and n. 15 (1968)). However courts also consistently rule not to inform juries of this power, claiming that it would confuse jurors (519 A.2d
1361, 1371) or burden their psyche (473 F.2d 1113,
1136 (D.C. Cir. 1972)). Such rulings contradict the fact
that once a court empanels citizens as a jury, they
become part of government, and act on behalf of the
people. Thus, courts (judges)seemed to have ruled
not to inform a wholly legitimate arm of the government
of its full powers and responsibilities (362 A.2d 706
(D.C. 1976) (en banc)).


just desserts. A model of criminal sentencing which holds that criminal offenders deserve the punishment they receive at the hands of the state, and which suggests that punishments should be appropriate to the type and severity of crime
committed.
justiciable. Issues and claims capable of proper examination
in court.
justifiable homicide. 1.Homicide that is permitted under the
law. 2. A killing justified for the good of society. 3. The killing
of another in self-defense when danger of death or serious
bodily harm exists. 4. The killing of a person according to
one’s duties or out of necessity, but without blame.
justifications. A category of legal defenses in which the
defendant admits committing the act in question, but claims it
was necessary in order to avoid some greater evil.
juvenile offender. A child who violates the criminal law, or who commits a status offense. Also, a person subject to juvenile court proceedings because a statutorily defined event caused by the person was alleged to have occurred while his or her age was below the statutorily specified age limit of original jurisdiction of a juvenile court.

K — K — K — K — K — K — K — K — K
keeping a place of prostitution. Knowingly granting or
permits the use of place for the purpose of prostitution.
key number system. A research aid developed by West Publishing Company that classifies digests of cases into various law topics and subtopics given paragraph numbers,
called “Key Numbers.” Each key number for a given topic
helps the researcher quickly find all references to the legal
matter being researched. Refer to the “Key Number System”
section in this legal primer.
kidnapping. The unlawful and forcible removal of a person from his or her residence or place of business. Also, an aggravated form of false imprisonment that is accompanied by
either a moving or secreting of the victim.
knowing behavior. Action undertaken with awareness.

knowing possession. Possession with awareness (of what one possesses).

knowingly. Regarding criminal behavior, a person acts knowingly when he has a reasonable certainty that his behavior involves, or will cause, an element of a crime.

L — L — L — L — L — L — L — L — L
lapsed gift. A gift made in a will to a person who has died prior to the will-makers death
.
larceny. The trespassory taking and carrying away (asportation) of the personal property of another with intent to steal. Also, the wrongful taking of the personal property of another, with intent to steal. Obtaining property by fraud or deceit.

lascivious. Obscene or lewd, or that which tends to cause lust last act test. In the crime of attempt, a test which asks whether the accused had taken the last step or act towards commission of the offense, and had performed all that he intended to do and was able to do in an attempt to commit the crime, but for some reason the crime was not completed.

law. The collection of rules and principles of conduct promulgated by the legislature, the courts, or by local custom,
which should guide one’s actions in society. Our laws derive
from a combination of moral laws, laws of nature, and human
experience, all of which have evolved by human intellect
throughout human history. Laws, by its definition, must
change – and criminal laws change as criminality changes or
as the people’s view of criminality changes. 123 N.W.
504,508. Cf. adjective law, case law, common law, session
law, statute, substantive law, uniform law.
Law Blank. A printed legal form available for preparing
documents.
Law Clerk. In the United States, usually a law school student
employed by a law firm to do research and other tasks. In the
courts, a lawyer (or law school student) employed to do legal
research.
lawsuit. An action or proceeding in a civil court; term used for
a suit or action between two private parties in a court of law.
leading question. A question that suggests the answer
desired of the witness. A party generally may not ask one’s
own witness leading questions. A party may ask leading
questions only of hostile witnesses and on cross-examination.
legal aid. Professional legal services available usually to persons or organizations unable to afford such services.
legal cause. A legally-recognizable cause. The type of cause
that is required to be demonstrated in court in order to hold an
individual criminally liable for causing harm.
legal consent. Cf. effective consent.
legal process. A formal, legally valid paper. Something the court issues, usually a command such as a writ or mandate.
legal texts. Books that cover specific areas of the law, usually
dealing with a single topic.
legislation. The act of giving or enacting laws. The power to
make laws via legislation in contrast to court-made laws.
legislation. Laws regarding rules of conduct created and
promulgated by the elected legislative agents of the people
and subject to the limitation of the constitution. Cf. constitution,
case law.
legislature. Agents elected by the people and representing
the people in their creation and promulgation of laws.
legislative intent. The reasons why a legislature creates a
statute, often documented, and, thus, available to the courts
for review in order to understand the “spirit” behind the words
of the law.
legitimate. Legal, lawful, or recognized by law or according to
law.
leniency. Recommendation for a sentence less than the
maximum allowed.
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.
liable. Legally responsible.
libel. Published defamation which tends to injure a person’s
reputation. Cf. slander, invasion of privacy.
licensing boards. State agencies created to regulate the
issuance of licenses, where they issue to contractors, barbers,
cosmetologists, realtors, etc.
lien. An encumbrance or legal burden upon property.
limine. Cf. in limine in Latin Words & Phrases.
limited jurisdiction. Refers to courts that are limited in the
types of criminal and civil cases they may hear. For example, a
limited jurisdiction court generally hears traffic violations.
limited jurisdiction -or- special jurisdiction. Certain courts
limited by statutes to have subject matter jurisdiction only over
certain or special types of cases. Examples: small claims
court, probate court.
litigant. A party to a lawsuit.
litigation. A lawsuit; a legal action, including all proceedings
therein.
living trust. A trust set up and in effect during the lifetime of
the grantor. (Also called inter vivos trust.)
loitering. The act of delaying, lingering, or to be idle about
without lawful business for being present.
loose-leaf services. Loose-leaf replacement pages provided
by a publisher in areas of the law where changes occur at a
rapid rate.
looting. Burglary committed within an affected geographical
area during an officially declared state of emergency, or during
a local emergency resulting from an earthquake, fire, flood,
riot, or other natural or manmade disaster.
lynching. The taking, by means of riot, any person from the
lawful custody of any peace officer.

M — M — M — M — M — M — M — M — M
magistrate. Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge. Cf. United
States Magistrate Judge.
malfeasance. The commission of an unlawful act. Cf. misfeasance.
malice. A legal term that refers to the intentional doing of a
wrongful act without just cause or legal excuse. In cases of homicide the term means “an intention to kill.”
malice aforethought. An unjustifiable, inexcusable and unmitigated person-endangering state-of-mind.
malicious prosecution. An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.
malpractice. Any professional misconduct.
manslaughter. The unlawful killing of another without malice aforethought (prior intent to kill); either voluntary (upon a
sudden impulse); or involuntary (during the commission of an
unlawful act not ordinarily expected to result in great bodily
harm). Cf. murder.
marshal. The executive federal or municipal officer who
carries out the orders of such federal or municipal court,
respectively.
Martindale-Hubbell Law Directory. A publication of several
volumes which contains names, addresses, specialties, and
rating of United States lawyers; also includes digests of state
and foreign statutory law.
mayhem. Intentional infliction of injury on another that causes
the removal of, seriously disfigures, or impairs the function of a
member or organ of the body.
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.
memorandum. An informal note or instrument embodying
something the parties desire to have in written evidence.
memorialized. In writing.
menacing. Assault, qv.
mere possession. Possession in which one may or may not
be aware of what he or she possesses.
mere preparation. An act or omission that may be part of a
series of acts or omissions constituting a course of conduct
planned to culminate in the commission of a crime, but which
fails to meet the requirements for a substantial step. Also,
preparatory actions or steps taken toward the completion of a
crime that are remote from the actual commission of the crime.
merger. The absorption of one thing or right into another.
minor. A person under the age of legal competence.
minority. More than the common meaning regarding number,
race, ethnicity, religion, handicap, or gender. In regards the
constitutional guarantee of equal protection, it refers to an
identifiable and specifically disadvantaged group, and includes
criminal defendants both prior to and following conviction. 343
F. Supp 704, 730.
minute book. A book maintained by the courtroom deputy
(bailiff), which contains minute entries of all hearings and trial
conducted by the judge.
minutes. Memorandum of a transaction or proceeding.
Miranda warning -or- Miranda Rule. Requirement that
police tell a suspect in their custody of his or her constitutional
rights before they question him or her. So named as a result of
the Miranda v. Arizona ruling by the United States Supreme
Court. 384 U.S. 436, 444, 478 479, 86 S.Ct. 1602, 1630, 16
L.E.2d 694.
misadventure. An accident. Mischance.
misconduct in office. Acts which a public office holder: 1. has no right to perform, 2. performs improperly, or 3. fails to
perform in the face of an affirmative duty to act.
misdemeanor. A minor crime; an offense punishable by incarceration, usually in a local confinement facility, for a period
of which the upper limit is prescribed by statute in a given
jurisdiction, typically limited to a year or less.
misfeasance. Improper performance of an act which a
person might lawfully do. Cf. malfeasance.
misprision of felony. The failure to report a known crime;
concealment of a crime.
misprision of treason. The concealment or nondisclosure of
the known treason of another.
mistake of fact. Misinterpretation, misunderstanding, or
forgetfulness of a fact relating to the subject matter at hand;
belief in the existence of a thing or condition that does not
exist.
mistake of law. A misunderstanding or misinterpretation of
the law relevant to a situation at hand.
mistrial. An invalid trial, caused by fundamental error. When a
court declares a mistrial, the trial must start again from the selection of the jury.
mitigating circumstances. Circumstances that do not
constitute a justification or excuse for an offense but which a
court may consider as reasons for reducing the degree of
blame.
mitigating factors. Circumstances surrounding the
commission of a crime which do not in law justify or excuse the
act, but which in fairness may be considered as reducing the
blameworthiness of the defendant. Also, those elements of an
offense or of an offender’s background that could result in a
lesser sentence under the determinate sentencing model than
would otherwise be called for by sentencing guidelines.
mittimus. The name of an order in writing, issuing from a
court and directing the sheriff or other officer to convey a
person to a prison, asylum, or reformatory, and directing the
jailer or other appropriate official to receive and safely keep the
person until his or her fate shall be determined by due course
of law.
mitigation. A reduction, abatement, or diminution of a penalty
or punishment imposed by law.
mixed sentence. One which requires that a convicted
offender serve weekends (or other specified periods of time) in
a confinement facility (usually a jail), while undergoing
probation supervision in the community.
Model Penal Code. A model code of criminal laws intended
to standardize general provisions of criminal liability,
sentencing, defenses, and the definitions of specific crimes
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between and among the states. The Model Penal Code was
developed by the American Law Institute.
moral certainty. At least “reasonable certainty” or “certainty
beyond a reasonable doubt” but less than an absolute
certainty. “A reasonable certitude or conviction based on convincing reasons and excluding all reasonable doubts that a contrary or opposite conclusion can exist based on any reasons.” 104 N.W.2d 379, 382. A juror settles into a morally certain mentality regarding a truth of a fact a party seeks to prove when the juror would act in reliance upon its truth in
matters of the greatest importance to himself. This term
sometimes finds use as the criminal law standard of proof, but
also may indicate an even higher standard. Proof, qv.
morals. Ethical principles, or principles meant to guide human
conduct and behavior; principles or standards of right and
wrong.
morals offenses. A category of unlawful behavior originally
created to protect the family and related social institutions.
Included are crimes such as lewdness, indecency, sodomy,
and other sex-related offenses such as seduction, fornication,
adultery, bigamy, pornography, obscenity, cohabitation, and
prostitution.
moot. Regarding a moot case or a moot point: 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.
mores. Unwritten but generally known rules that govern
serious violations of the social code.
motion. An application made to a court or judge which
requests a ruling or order in favor of the applicant.
motion in limine. A motion made by counsel requesting that
the court disallow the hearing in a case of possibly prejudicial
information.
motive. A person’s reason for committing a crime.
murder. The unlawful killing of a human being with deliberate
intent to kill: (1) premeditation characterizes murder in the first
degree; (2) a sudden and instantaneous intent to kill or to
cause injury without caring whether the injury kills or not
characterizes murder in the second degree. According to the
common law, the killing of one human being by another with
malice aforethought. Cf. criminal homicide.
mutual assent. A meeting of the minds; agreement.
N — N — N — N — N — N — N — N — N
National Crime Victimization Survey -or- NCVS. A survey
that is conducted annually by the Bureau of Justice Statistics
(BJS), and which provides data on surveyed households that
report they were affected by crime.
National Labor Relations Board. (NLRB). A federal agency
which prevents and remedies unfair labor practices by
employers and labor organizations
natural law. Rules of conduct inherent in human nature and
in the natural order, which are thought to be knowable through
intuition, inspiration, and the exercise of reason, without the
need for reference to man-made laws. Law that so positively
agrees with the nature and state of man that, without observing its maxims, the peace and happiness of society can never prevail. Society and jurisprudence come to recognize these laws merely by light of reason, from the facts of these laws’ essential agreeableness with human nature. Natural
laws remain valid regardless of their enactment as positive law, although in certain instances, courts cannot enforce a
natural law. 11 Ark. 519, 527. Positive law, qv.

naturalization. Process by which a person acquires nationality after birth and becomes entitled to privileges of
citizenship.

negligence. Failure to use care which a reasonable and prudent person would use under similar circumstances.

negotiation. The process of submission and consideration of offers until one party makes an acceptable offer and the other accepts it.

necessity. A defense to a criminal charge that claims that it was necessary to commit some unlawful act in order to prevent or to avoid a greater harm.

negligent homicide. The killing of a human being by criminal negligence, or by the failure to exercise reasonable, prudent care. Also, a criminal offense committed by one whose negligence is the direct and proximate cause of another’s death.

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 grand
jury found the evidence as insufficient to indict.
No-contest Clause. Language in a will that provides that the
testator automatically disinherits any person who makes a legal challenge to the will’s validity.
No-fault Proceedings. A civil case in which parties may
resolve their dispute without a formal finding of error or fault.
Noise Control Act. A act which gives government agencies
the right to promulgate standards and regulations relating to
abatement of noise emissions, i.e., requirement that autos and like vehicles must have mufflers.
nonfeasance. Nonperformance of an act which a person or
another should perform. Omission to perform a required duty
or total neglect of duty.
nonjury trial. Trial before the court but without a jury.
norms. Unwritten rules that underlie and are inherent in the fabric of society.
Notary Public. A public officer with duties to administer oaths,
to attest and certify documents, and to take acknowledgments.
not guilty by reason of insanity -or- NGRI. One of a number of possible verdicts in a criminal trial where the defense of
insanity is raised. Other possible verdicts include “guilty” and “not guilty.”
notice. Formal notification to the party that 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 creditors. A notice given by the bankruptcy court to
all creditors of a meeting of creditors.
NOVA. National Organization for Victims’ Assistance.
nuncupative will. An oral (unwritten) will.
NVC. National Victims’ Center.
O — O — O — O — O — O — O — O — O
oath. A solemn pledge made under a sense of responsibility
in attestation of the truth of a statement or in verification of a
statement made.
objection. The process by which one party takes exception to
some statement or procedure. A judge either sustains (allows)
or overrules (denies) an objection.
obscenity. That which appeals to the prurient interest and
lacks serious literary, artistic, political or scientific value.
Occupational Safety and Health Act (OSHA). A federal law
designed to develop and promote occupational safety and
health standards.
Occupational Safety and Health Review Commission. The
agency established by OSHA to adjudicate enforcement
actions under the Act.
offer of proof. To offer evidence for acceptance at trial. The
appropriate jurisdiction’s rules of evidence governs such an
offer of evidence. For example, if a party offers evidence
through the testimony of a witness, opposing party make
object to certain of the questions asked by counsel. Should
the court inquire as to the propriety of the questioning, counsel
would then ordinarily offer to the court, or “proffer,” the
relevance of the question. In such an instance, the
questioning party would not ordinarily offer of proof within
earshot of the jury, if present. If the court sustains (allows) the
objection, the appellate court will assume that the party could
have established proffer for the purposes of reviewing the trial
court’s ruling. McCormick, Evidence §72 (2d ed. 1972).
Proof, qv.
official reports. The publication of cumulated court decisions
of state or federal courts in advance sheets and bound
volumes as provided by statutory authority.
omission to act. An intentional or unintentional failure to act
which may impose criminal liability if a duty to act under the
circumstances is specified by law.
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 statement. The initial statement made by attorneys
for each side, outlining the facts each intends to establish
during the trial.
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 court (the majority) based its
decision. 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.”)
oral argument. Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court which might set a time limit for oral argument.
order. A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.
ordinance. A rule established by authority; possibly a municipal statute of a city council, regulating such matters as
zoning, building, safety, matters of municipality, etc.
ordinary negligence. The want of ordinary care, or
negligence that could have been avoided if one had exercised
ordinary, reasonable, or proper care.
outrageous government conduct. A kind of entrapment
defense based upon an objective criterion involving “the belief
that the methods employed on behalf of the Government to
bring about conviction cannot be countenanced.”
OVC. Office for Victims of Crime, established under the 1984
Victims of Crime Act (VOCA).
overrule. A judge’s decision not to allow an objection. Also, a
decision by a higher court finding that a lower court decision
was in error.
P — P — P — P — P — P — P — P — P
pandering. Soliciting a person to perform an act of prostitution.

paperbound supplement. A temporary supplement to a book or books.

paralegal. Also, legal assistant. A person with legal skills who works under the supervision of a lawyer able to perform most functions of an attorney except represent a client in court.

pardon. An act of grace from governing power that mitigates punishment and restores rights and privileges forfeited on account of the offense.
parol evidence. Oral or verbal evidence; evidence given by
word of mouth in court.
parole. Supervised release of a prisoner from imprisonment on certain prescribed conditions that entitle him to termination
of his sentence.
Part I Offenses. That group of offenses, also called major
offenses or index offenses, for which the Uniform Crime
Reports (UCR) publishes counts of reported instances, and
which consists of murder, rape, robbery, aggravated assault,
burglary, larceny, auto theft, and arson.
Part II Offenses. A group of 19 “lesser crimes” including
forgery, fraud, embezzlement, vandalism, prostitution, drug
abuse violations, etc., which are reported in the FBI’s Uniform
Crime Reports (UCR). Part II Offenses are counted only in
terms of arrests (rather than as reported crimes).
parties to crime. All persons who take part in the commission of a crime, including those who aid and abet, and who are
therefore criminally liable for the offense.
party. A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.
patent. A grant to an inventor of the right to exclude others for
a limited time from make, using, or selling his invention in the
United States.
Patent and Trademark Office. The federal agency which
examines and issues patents and registers trademarks.
penal code. The body of laws pertaining to crimes and
offenses and the penalties for their commission.
Pennsylvania style. A form of imprisonment developed by
the Quakers in Pennsylvania about 1795 and used until about
1820. Prisons had cells lining the outer walls and containing
windows. The religious Quakers devised this style to involve
great amounts of solitary confinement (thus the windows in the
cells) for religious study. They expected prisoners to show
penitence (repentance) – thus the word “penitentiary.” It
competed with the Auburn style.
peremptory challenge. Request by a party that a judge not
allow a certain prospective juror as a member of the jury, qv.
No reason or cause need be stated. Cf. challenge for cause.
perfect self-defense. A claim of self-defense that meets all of
the generally accepted legal conditions for such a claim to be
valid. Where deadly force is used, perfect self-defense
requires that, in light of the circumstances, the defendant
reasonably believed it to be necessary to kill the decedent to
avert imminent death or great bodily harm, and the defendant
was not the initial aggressor nor was responsible for provoking
the fatal confrontation.
periodical. A publication which appears regularly but less
often than daily.
perjury. The willful giving of false testimony under oath in a
judicial proceeding. Also, false testimony given under any
lawfully administered oath.
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.
per se doctrine. Under this doctrine, courts can declare an
activity such as price fixing as a violation of the antitrust laws
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without necessity of a court inquiring into the reasonableness
of the activity.
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. Cf. status offense.
personal crime. Also called violent crime, is a crime
committed against a person, including (according to the FBI’s
UCR program) murder, rape, aggravated assault, and robbery.
personal property. Anything of value that a person owns
other than real estate or fixtures.
personal jurisdiction -or- in personam jurisdiction. The
court’s power over the parties involved in a particular matter.
The court can exercise personal jurisdiction over the defendant
as a result of the defendant’s physical presence within the
state or where a defendant’s activity meets the “minimum
contacts” test: “In order to subject a defendant to a judgment in
personam, if he is not present within the territory of the forum,
he [must] have certain minimum contacts with it such that the
maintenance of the suit does not offend ‘traditional notions of
fair play and substantial justice’.” 326 U.S. 310, 316.
personal recognizance. In criminal proceedings, the pretrial
release of a defendant without bail upon his or her promise to
return to court. Cf. recognizance.
personal representative. The person who administers an
estate. If named in a will, the title “executor” refers to that
person. Without a valid will, the title “administrator” refers to
that person.
personal trespass by computer. An offense in which a
person uses a computer or computer network without authority
and with the intent to cause physical injury to an individual.
petitioner. The person filing an action in a court of original
jurisdiction. Also, the person who appeals the judgment of a
lower court. Cf. respondent.
physical proximity test. A test traditionally used under
common law to determine whether a person was guilty of
attempted criminal activity. The physical proximity test requires
that the accused has it within his or her power to complete the
crime almost immediately.
pimping. Aiding, abetting, counseling, or commanding
another in the commission of prostitution, or the act of
procuring a prostitute for another.
plaintiff. A person who brings an action; the party who
complains or sues in a civil action. Cf. complainant.
plea. The first pleading by a criminal defendant, the
defendant’s declaration in open court of guilty or not guilty. The
defendant’s answer to the charges made in the indictment or
information.
plea agreement -or- plea negotiation -or- plea negotiating
(verb) -or- negotiating a plea (verb) –BUT NEVER– “plea
bargaining.” Process where the accused and the prosecutor in
a criminal case agree to a disposition of the case. The
accused usually agrees to plead guilty to a lesser offense or to
some counts of a multi-count indictment in return for
concessions as to the type and length of the sentence. A judge
then either accepts or rejects the plea and the terms of the
agreement. A judge who accepts the guilty plea must then
adhere to the terms of the agreement. 404 U.S. 257, 260-261.
ABA Minimum Standards for Criminal Justice —Standards
Relating to Pleas of Guilty (1968).
Criminal defendants should NOT refer to this as a “plea
bargain.” The word “bargain” implies that:
1. the defendant did not pay the full and intended
penalty for his actions,
2. the defendant used some trickery (criminal
trickery, of course) to obtain the “bargain,”
3. the inability of the prosecution to otherwise
prosecute the defendant to the proper and
fullest extent, or
4. all of the above.
In any event, the phrase “plea bargain” suggests more
actual guilt than the legal guilt (the plea and the
conviction) would indicate.
pleadings. The written statements of fact and law filed by the
parties to a lawsuit.
plurality requirement. The logical and legal requirement that
a conspiracy involve two or more parties.
pocket parts. Supplements to law books in pamphlet form
inserted into a pocket inside the back cover of the books in
order to keep the book current.
polling the jury. The act, after a jury verdict has been
announced, of asking jurors individually whether they agree
with the verdict.
pornography. The depiction of sexual behavior in such a way
as to excite the viewer sexually.
post-crime victimization -or- secondary victimization.
Problems that follow from initial victimization, such as the loss
of employment, medical bills, the insensitivity of family
members, and others, etc.
post-trial. Refers to items happening after the trial, such as
post-trial motions or post-trial discovery.
pour-over will. A will that leaves some or all estate assets to
a trust established before the will-maker’s death.
power. Authority to do. One has the power to do something if
he has attained legal age. Also, used as “powers,” the term
refers to authority granted by one person to another, such as
powers given an executor in a will or an agent in a power of
attorney.
power of attorney. A formal instrument authorizing another to
act as one’s agent or attorney.
precedent. A previously decided case which courts recognize
as authority in disposing of future cases. At common law,
courts regarded precedents as the major source of law. A
precedent may involve a novel question of common law or it
may involve an interpretation of a statute. In either situation, to
the extent that future cases rely upon it or distinguish it from
themselves without disapproving it, the cases will serve as a
precedent for future cases under the doctrine of stare decisis.
Laws established by previous cases which courts must follow
in cases involving identical circumstances. Cf. stare decisis in
Latin Words & Phrases.
precedential value. The value of a case regarding its use as
an authority under the doctrine of stare decisis. Precedent,
stare decisis, qv.
precursor chemicals. Chemicals that may be used in the
manufacture of a controlled substance.
pre-injunction. Court order requiring action or forbidding
action until it decides whether to issue a permanent injunction.
It differs from a temporary restraining order.
preliminary hearing. Also, preliminary examination. A
hearing by a judge to determine whether the government
should hold for trial a person charged with a crime. Cf.
arraignment.
premeditated murder. Murder that was planned in advance
(however briefly) and willfully carried out.
premeditation. The act of deliberating or meditating upon, or
planning, a course of action (i.e., a crime). For purposes of the
criminal law, premeditation requires the opportunity for
reflection between the time the intent to act is formed and the
act is committed.
preponderance of the evidence. The general standard of
evidence in civil cases – the greater weight of the evidence
(more 50 percent). More probable than not. “Evidence
preponderates where it is more convincing to the trier [of fact]
than the opposing evidence.” McCormick, Evidence 793 (2d
ed. 1972). Proof, qv.
present ability. As used in assault statutes, a term meaning
that the person attempting assault is physically capable of
immediately carrying it out.
pre-sentence report. A report to the sentencing judge
containing background information about the crime and the
defendant to assist the judge in making his or her sentencing
decision.
presentment. Declaration or document issued by a grand jury
that either makes a neutral report or notes misdeeds by
officials charged with specified public duties. It ordinarily does
not include a formal charge of crime. A presentment differs
from an indictment.
presumption. A rule of law which requires the assumption of
a fact from another fact or set of facts. The term “presumption”
indicates that the law accords certain weight to a given
evidentiary fact, requiring the production of further evidence to
overcome the assumption thereby established. It thus
constitutes a rule of evidence that has the effect of shifting
either the burden of proof or the burden of producing evidence.
Proof, qv.
pretermitted child. A child born after the execution of a will
which, thus, contains no provisions for that child. Most states
have laws that authorize that a share of estate property to go
to such a child.
pretrial conference. Conference among the opposing
attorneys and the judge called at the discretion of the court to
narrow the issues for trial and to make a final effort to settle the
case without a trial.
prima facie case. A case sufficient on its face supported by
the minimum amount of evidence necessary to allow it to
continue in the judicial process, and free from palpable
defects. 105 N.E.2d 454, 458. A case that appears capable of
prevailing in the absence of contradictory evidence. 185
N.E.2d 115, 124. Sufficient to prevail over a directed verdict or
a motion to dismiss. Cf. prima facie in the Latin Words &
Phrases.
primary authority. Constitutions, codes, statutes, ordinances,
and case law sources.
principal in the first degree. A person whose acts directly
result in the criminal misconduct in question.
principal in the second degree. Any person who was
present at the crime scene and who aided, abetted,
counseled, or encouraged the principal.
principle of legality. An axiom which holds that behavior
cannot be criminal if no law exists which defines it as such.
private law. That law, such as a contract between two
persons or a real estate transaction, which applies only to the
persons who subject themselves to it.
privilege. A particular or peculiar benefit enjoyed by a person,
company, or class beyond the common advantages of other
citizens; an exceptional or extraordinary exemption; an
immunity held beyond the course of the law. 55 S.E. 820, 823.
Types of privileges: Privileged communications (husband-wife,
lawyer-client, doctor-patient, journalist-source, priest-penitent);
Executive privilege (presidential communications); and
Journalist’s privilege (known information).
prize fighting. Unlawful public fighting undertaken for the
purpose of winning an award or a prize.
probable cause. A reasonable belief that a person has
committed or presently commits a crime; the basis for all lawful
searches, seizures, and arrests.
probate. Proceedings in states courts by which a court proves
a will is valid or invalid. Term used to mean all proceedings
pertaining to the administration of estates such as the process
to gather assets; to apply assets to pay debts, taxes, and
expenses of administration; and to distribute assets to those
designated as beneficiaries in the will.
probate court. The state court with authority to supervise
estate administration.
probate estate. Estate property that a person may dispose of
by using a will. Cf. estate.
probation. A sentence of imprisonment that is suspended.
Also, the conditional freedom granted by a judicial officer to an
adjudicated or adjudged adult or juvenile offender, as long as
the person meets certain conditions of behavior. An
alternative to imprisonment allowing a person found guilty of
an offense to stay in the community, usually under conditions
and under the supervision of a probation officer. A violation of
probation can lead to its revocation and to imprisonment.
probative value. The worth of any evidence to prove or
disprove the facts at issue.
product liability. Legal responsibility of manufacturers and
sellers to buyers, users, and bystanders for damages or
injuries suffered because of defects in goods.
promisee. An individual to whom a promisor makes a
promise.
promisor. An individual who makes a promise.
promissory estoppel. A promise which estops the promisee
from asserting or taking certain action.
promoting prostitution. The statutory offense of: 1. owning,
controlling, managing, supervising, or otherwise keeping a
house of prostitution; 2. procuring a person for a house of
prostitution; 3. encouraging, inducing, or otherwise purposely
causing another to become or remain a prostitute; 4. soliciting
a person to patronize a prostitute; 5. procuring a prostitute for
another; or 6. transporting a person with the purpose of
promoting that person’s involvement in prostitution.
proof. The evidence that tends to establish the existence or
validity of a fact in issue. The persuasion of a trier of fact by
the production of evidence of the truth of the fact alleged. Cf.
burden of proof, clear and convincing, degree of proof,
inference, moral certainty, offer of proof, preponderance of
evidence, presumption, reasonable doubt, standard of proof.
property crime. Crime committed against property, including
(according to the FBI’s UCR program) burglary, larceny, auto
theft, and arson.
property tax. A tax levied on land and buildings (real estate)
and on personal property.
proportionality. A sentencing principle which holds that the
severity of sanctions should bear a direct relationship to the
seriousness of the crime committed.
proprietor. Owner. Person who has legal right or title to anything.
prosecutor. A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of
deciding who, when, and how to prosecute.
prosecutorial duty to disclose -or- Brady Rule. Due
process in the for of the prosecutor’s duty to treat the
defendant fairly by disclosing exculpatory information.
373 U.S. 83, 83 S.Ct. 1194 (1963)
prostitution. The offering or receiving of the body for sexual
intercourse for hire [as well as] the offering or receiving of the
body for indiscriminate sexual intercourse without hire. Some
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states limit the crime of prostitution to sexual intercourse for
hire.
proximate cause. 1. The primary or moving cause that plays
a substantial part in bringing about injury or damage. It may be
a first cause that sets in motion a string of events whose
ultimate outcome is reasonably foreseeable. 2. The last
negligent act that contributes to an injury. A court generally
judges a person as liable only if it determines his or her action,
or by his or her failure to act when he or she had a duty to act,
as the last negligent act which contributed to an injury.
proxy. The instrument authorizing one person to represent,
act, and vote for another at a shareholders’ meeting of a
corporation.
prurient interest. A morbid interest in sex; an obsession with
lascivious and immoral matters.
psycholegal error. The mistaken belief that if we identify a
cause for conduct, including mental or physical disorders, then
the conduct is necessarily excused.
public law. That law such as traffic ordinances or zoning
ordinances which applies to the public, as compared to
corporate law, probate law, and so on.
public defender. Government lawyer who provides free legal
defense services to a poor person accused of a crime.
public drunkenness. The offense of being in a state of
intoxication in a place accessible to the public.
public order offense. An act that is willfully and unlawfully committed and which disturbs public peace or tranquility. Included are offenses such as fighting, breach of peace, disorderly conduct, vagrancy, loitering, unlawful assembly,
public intoxication, obstructing public passage, and (illegally)
carrying weapons.
Public Service Commission -or- Public Utilities
Commission. A state agency which regulates utilities.
punitive damages. Monetary award given to punish the defendant or wrongdoer.
purchase agreement -or- purchase offer -or- sales
agreement -or- earnest money contract. Agreement
between buyer and seller of property which sets forth in
general the price and terms of a proposed sale.
putative. Alleged; supposed; reputed.



Q — Q — Q — Q — Q — Q — Q — Q — Q
quash. To vacate or void a summons, subpoena, etc.

quasi-contract. An obligation created by the law in the
absence of an agreement or contract, not based upon the
intentions or expressions of the parties.
quasi-criminal action. A classification of actions such as
violation of a city ordinance not a violation of a criminal statute,
yet considered wrongs against the public punishable through
fines – not usually indictable offenses.
quiet title action. A court proceeding to remove a cloud on
the title to real property.
quitclaim deed. A deed without warranty of title that passes
whatever title the grantor has to another.
positive law. Existing law created by legally valid procedures.
Similar to legislation. Cf. natural law.
question of fact. Disputed factual contentions traditionally left
for the jury to decide. For example, in a battery case, the
question of whether A touched B. Juries decide questions of
fact; although the judge(s) act as the trier of facts in a trial
without a jury. The judge(s), as the trier of questions of law,
then decide the legal significance, if any, of the touching.
Courts often experience difficulties in separating facts and law.
The manner in which a party characterizes an issue can trigger
many different legal consequences. Courts employ different
standards of review for findings of fact and findings of law.
More at question of law. Cf. question of law.
question of law. Disputed legal contentions, usually as
regards the legal significance of an occurrence, traditionally left
for the judge to decide. An appellate court pays less
deference to the resolution of a question of law than to a
determination of a question of fact. Keep in mind that courts
often experience difficulty in trying to objectively determine the
fine lines between fact and law. In such instances, the court
may issue a compound conclusion of both fact and law. More
at question of fact. Cf. question of fact.
quorum. The number of members of any body who must act
in order for that body to transact business. 179 P.2d 870, 873.
While a quorum usually requires a majority, the body can alter
this general principle to require or permit more or less than a
majority.
R — R — R — R — R — R — R — R — R
rape. Unlawful sexual intercourse with a female person
without her consent. 18 U.S.C. §2031. The prosecution must
prove penetration, however slight; otherwise, the prosecution
can only attempt to establish attempted rape. Perkins &
Boyce, Criminal Law 201 (3rd ed. 1982). Many states formerly
required corroboration other than the victim’s testimony of
material elements such as force, penetration, and identity.
However, modern trends in jurisprudence tend to abandon all
such requirements. Most states have also abandoned the
doctrine of establishing “utmost resistance” by the woman,
especially where the prosecution proves that the rapist puts
the woman in fear of personal violence who then submits to
avoid serious bodily injury.
At common law, a man, unless separated, courts
would not rule that a man had “raped” his wife, even if
he did so by force and against her will. However,
many states have tended toward abandoning a
husband’s absolute right to sexual intercourse. The
recommended final draft of Model Penal Code §213.11
had incorporated the “male only perpetrator” and the
“marital-exemption;” however, many states have
adopted “sexual assault” statutes which contain
gender-neutral provisions and which don’t allow marital
exemptions. Cf. sodomy, statutory rape.
rape shield laws. Statutes intended to protect victims of rape
by limiting a defendant’s in-court use of a victim’s sexual
history.
real property. Land, buildings, fixtures, and whatever
attached or affixed to the land. Generally synonymous with the
words “real estate.”
reasonable doubt. A jury is required to acquit an accused
person if, in the minds of the jury, the prosecution has not
proven his or her guilt beyond a “reasonable doubt.” That
state of minds of jurors in which they cannot say they feel an
“abiding conviction” as to the truth of the charge. The term
does not signify a mere skeptical condition of the mind. Nor
does it require proof so clear as to eliminate any possibility of
error since under such a rule no criminal prosecution would
prevail. Judges use this phrase in their instructions to the jury
in a criminal case to indicate that the jury must presume
innocence unless the prosecution has so proved guilt that the
jury can see no “reasonable doubt” remains as to the guilt of
the person charged. An actual and substantial doubt arising
from the evidence, from the facts or circumstances shown by
the evidence, or from the lack of evidence. Also, that state of
the case which, after the entire comparison and consideration
of all the evidence, leaves the minds of the jurors in such a
condition that they cannot say they feel an abiding conviction
of the truth of the charge.
25 F. 556, 558; 367 F. Supp 91, 101. Proof, qv.
reasonable doubt standard. That standard of proof
necessary for conviction in criminal trials.
Cf. reasonable doubt.
reasonable force. A degree of force that is appropriate in a
given situation and is not excessive. The minimum degree of
force necessary to protect oneself, ones’ property, a third
party, or the property of another in the face of a substantial
threat.
reasonable person -or- reasonable and prudent person. A
phrase used to denote a hypothetical person who exercises
qualities of attention, knowledge; intelligence, and judgment
that society requires of its members for the protection of their
own interest and the interests of others. Restatement of Torts
2d, §283(b). Thus, the court finds negligence based either on
a failure to do something that a reasonable person, guided by
considerations that ordinarily regulate conduct, would do, or on
the doing of something that a reasonable and prudent (wise)
person would not do. 43 S.W. 508, 509. This does not refer to
the person’s ability to reason, but rather to the prudence with
which he acts under the circumstances. A person who acts
with common sense and who has the mental capacity of an
average, normal, sensible human being. The reasonable
person criterion requires that the assumptions and ideas upon
which a defendant acted must have been reasonable, in that
the circumstances as they appeared to the defendant would
have created the same beliefs in the mind of an ordinary
person.
reasonable provocation. Cf. adequate provocation,
adequate cause.
rebellion. Deliberate, organized resistance, by force and
arms, to the laws or operations of the government, committed
by a subject.
rebut. Evidence disproving other evidence previously given or
reestablishing the credibility of challenged evidence. Cf.
rejoinder.
receiving stolen property. 1. knowingly taking possession of
or control over property that has been unlawfully stolen from
another; or 2. the receiving of stolen property, knowing that it
has been stolen.
reckless behavior. Activity which increases the risk of harm.
recognizance. An obligation entered into before a court
whereby the recognizor acknowledges that he will do a specific
act required by law.
record. All the documents and evidence plus transcripts of
oral proceedings in a case.
recuse. The process by which the court disqualifies a judge
from hearing a case either on his or her own motion (sua
sponte) or upon the objection of a party.
re-direct examination. Opportunity to present rebuttal
evidence after cross-examination of one’s evidence.
redress. To set right. To remedy. To compensate. To
remove the causes of a grievance.
referee. A person to whom the court refers a pending case to
take testimony, hear the parties, and report back to the court.
Such an officer serves with judicial powers as an arm of the
court.
rehearing. Another hearing of a civil or criminal case by the
same court in which the case was originally heard.
registered mark. Trademark with the words “Registered in
the U.S. Patent and Trademark Office” or the letter “R”
enclosed within a circle thusly ®.
rehabilitation. The attempt to reform a criminal offender.
Also, the state in which a reformed offender is said to be.
rejoinder. Opportunity for the side that opened the case to
offer limited response to evidence presented during the
rebuttal by the opposing side. Cf. rebut.
remand. To send a dispute back to the court which originally
heard it. Usually an appellate court that remands a case for
proceedings in the trial court consistent with the appellate
court’s ruling.
remedy. Legal or judicial means by which a court either
enforces a right or privilege or prevents, redresses,
compensates the violation of a right or privilege.
remittitur. The reduction by a judge of the damages awarded
by a jury.
removal. The transfer of a state case to federal court for trial.
In civil cases, with parties from different states. In criminal and
some civil cases, because of a significant possibility that a
state court could not conduct a fair trial.
renunciation. The voluntary and complete abandonment of
the intent and purpose to commit a criminal offense.
Renunciation is a defense to a charge of attempted criminal
activity.
replacement volumes. Volumes which replace books
combined with their pocket parts when the pocket parts cause
the books to become too bulky.
replevin. An action for the recovery of a possession that one
has wrongfully taken.
reply. The response by a party to charges raised in a
pleading by the other party.
reporters. Books which contain court decisions.
republic. A political order in which the people exercise the
supreme power of the land. They elect officers and
representatives responsible to them. They usually elect a
president as the head of state.
The word “republic” derives from the Latin “respublica”
which derives from the phrase “res publica,” meaning
“the affairs of the people”. The word “respublica”
summarizes the Roman idea, because they regarded
government as something that concerns all the people.
Though the Roman state never truly became a
democracy as the Greek city-states did, the Romans
strongly believed that everyone held a duty to serve
the common good. After the Roman republic survived
almost 500 years, imperial rule (with an emperor as the
single supreme authority) replaced it. However, the
republican idea survived and came to help influence
modern European and American people in the shaping
of their governments.
request for admission -or- request for admit. Written
statements of facts concerning a case that a party submits to
an adverse party and which that party must admit or deny; a
discovery device.
request for production of documents. A direction or
command served upon another party for production of
specified documents for review with respect to a suit; a
discovery device.
request to admit. Request for Admission, qv.
rescission. The unmaking or undoing of a contract. A repeal.
rescuing a prisoner. A crime which is committed when any
person or persons rescues or attempts to rescue any person
held in lawful custody.
research. A careful hunting for facts or truth about a subject;
inquiry; investigation.
resolution. The formal adoption of a motion.
respondent. The person against whom an appeal is taken.
Petitioner, qv.
rest -or- rest its case. A party is said to “rest” or “rest its case”
when it has presented all the evidence it intends to offer.
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restatement. A publication which provides the law in a
particular field, such as compiled from statutes and decisions.
restitution. Act of restoring anything to its rightful owner. The
act of restoring someone to an economic position he enjoyed
before he suffered a loss. A court requirement that an alleged
or convicted offender pay money or provide services to the
victim of the crime or provide services to the community.
restoration. A sentencing goal which seeks to make victims
and the community “whole again.”
restorative justice. A sentencing model that builds upon
restitution and community participation in an attempt to make
the victim “whole again.”
retainer. Act of the client in employing the attorney or counsel,
and also denotes the fee that the client pays when he or she
retains the attorney to act for them.
retreat rule. A rule operative in many jurisdictions which
requires that a person being attacked retreat in order to avoid
the necessity of using force against the attacker if retreat can
be accomplished with “complete safety.”
retribution. The act of taking revenge upon a criminal
perpetrator. Also, the most punishment-oriented of all
sentencing goals, and one which claims that we are justified in
punishing because offenders deserve it.
return. A report to a judge by police on the implementation of
an arrest or search warrant. Also, a report to a judge in reply to
a subpoena, civil or criminal.
reverse. An action of a higher court in setting aside or
revoking a lower court decision.
reversible error. A procedural error during a trial or hearing
sufficiently harmful to justify reversing the judgment of a lower
court.
revocable trust. A trust that the grantor may change or
revoke.
revoke. To cancel or nullify a legal document.
RICO -or- Racketeer Influenced Corrupt Organizations. A
section of the federal Organized Crime Control Act. Some
states have passed their own RICO-like statutes.
right. A liberty, power, privilege, immunity, or entitlement
expressed either explicitly or implicitly (or interpreted).
right of allocution. A statutory provision permitting crime
victims to speak at the sentencing of convicted offenders. A
federal right of allocution was established for victims of federal
violent and sex crimes under the Violent Crime Control and
Law Enforcement Act of 1994.
right of way. The right of a party to pass over the land of
another.
riot. A tumultuous disturbance of the peace by three or more
persons assembled of their own authority.
Robinson-Patman Act. The amendment to the Clayton Act
that deals with price discrimination.
robbery. The unlawful taking of property that is in the
immediate possession of another by force or threat of force.
Also, larceny from a person by violence, intimidation, or by
placing the person in fear. Felonious taking of another’s
property, from his or her person or immediate presence and
against his or her will, by means of force or fear. Cf. larceny.
rout. The preparatory stage of a riot.
rule of law -or- supremacy of law. The maxim that an orderly
society must be governed by established principles and known
codes that are applied uniformly and fairly to all of its
members.
rules. Established standards, guides, or regulations set up by
authority.
rules of evidence. Standards governing whether a court
admits evidence in a civil or criminal case.
S — S — S — S — S — S — S — S — S
scienter. Knowledge; guilty knowledge.
search warrant. A written order issued by a judge that directs
a law enforcement officer to search a specific area for a
particular piece of evidence.
seal. To mark a document with a seal; to authenticate or
make binding by affixing a seal. Court seal, corporate seal.
second degree murder. Depending upon jurisdiction, either:
1. murders committed during the perpetration or attempted
perpetration of an enumerated felony such as arson, rape,
robbery, and burglary, or 2. all murder not classified by statute
as first degree.
secondary authority. Legal encyclopedias, treatises, legal
texts, law review articles, and citators. Writings which set forth
the opinion of the writer as to the law.
secured debts. In bankruptcy, a debt that the debtor gave the
creditor a right to repossess the property or goods used as
collateral.
Securities and Exchange Commission (SEC). A federal
agency which monitors the securities industry.
sedition. A crime that consists of a communication or
agreement intended to defame the government or to incite
treason.
selective incapacitation. A sentencing strategy that
imprisons or otherwise removes from society a select group of
offenders - especially those considered to be most dangerous.
self-defense. The claim of legal justification of an otherwise
criminal act due to the necessity to protect a person or
property from the threat or action of another. A defense to a
criminal charge that is based upon the recognition that a
person has an inherent right to self-protection and that to
reasonably defend oneself from unlawful attack is a “natural”
response to threatening situations.
self-incrimination, privilege against. The constitutional right
of people to refuse to give testimony against themselves that
could subject them to criminal prosecution. The Fifth
Amendment to the United States Constitution guarantees this
right, thus, people often refer to the assertion of this right is as
“taking the Fifth.”
self-proving will. A will whose validity does not require
testimony in court by the witnesses to it, where the witnesses
executed an affidavit reflecting proper execution of the will prior
to the will maker’s death.
sentence. The punishment ordered by a court for a defendant
convicted of a crime. Cf. concurrent sentences, consecutive
sentences, cumulative sentences.
Sentence Report. Presentence Report, qv.
sentencing. The process through which a sentencing
authority imposes a lawful punishment or other sanction upon
a person convicted of violating the criminal law.
sequester. To separate. Sometimes courts separate juries
from outside influences during a trial or during their
deliberations. For example, due to a highly publicized trial.
sequestration of witnesses -or- separation of witnesses.
Keeping all witnesses (except plaintiff and defendant) out of
the courtroom except for their time on the stand, and
cautioning them not to discuss their testimony with other
witnesses.
service of process -or- service. The delivering of writs,
summonses, and subpoenas by delivering them to the party
named in the document.
session law. Laws bound in volumes in the order of their
enactment by a state legislature, prior to their possible
codification.
settlement. An agreement between the parties disposing of a
lawsuit.
settlor -or- grantor. The person who sets up a trust.
sexual assault. A statutory crime that combines all sexual
offenses into one offense (often with various degrees). It is
broader than the common law crime of rape.
sexual battery. The unlawful touching of an intimate part of
another person against that person’s will and for the purpose
of sexual arousal, gratification, or abuse.
sexual contact. Any touching of the anus, breast, or any part
of the genitals of another person with intent to arouse or gratify
the sexual desire of any person.
Shepardizing. Method for finding subsequent development of
a legal theory by tracing status of a case as legal authority.
Refer to the Shepardizing section of the We the People Legal
Primer.
sheriff. The executive officer of local court in some areas. In
other jurisdictions the sheriff acts as the chief law enforcement
officer of a county.
Sherman Act. The basic antitrust statute prohibiting any
unreasonable interference, conspiracy, restraint of trade, or
monopolies with respect to interstate commerce.
shock incarceration. A sentencing option that makes use of
“boot camp”-type prisons in order to impress upon convicted
offenders the realities of prison life.
shock probation. The practice of sentencing offenders to
prison, allowing them to apply for probationary release, and
enacting such release in surprise fashion. Offenders who
receive shock probation may not be aware of the fact that they
will be released on probation and may expect to spend a much
longer time behind bars.
sidebar. A conference between the judge and lawyers,
usually in the courtroom, out of earshot of the jury and
spectators.
simple assault. Assault, qv.
slander. Spoken defamation that tends to injure a person’s
reputation. Cf. libel, invasion of privacy.
Small Business Administration -or- SBA. A federal agency
that provides assistance of all kinds, including loans, to small
businesses.
Small Claims Court. A state court that handles civil claims for
small amounts of money where people often represent
themselves rather use an attorney.
social debt. A sentencing principle that objectively counts an
offender’s criminal history in sentencing decisions.
Social Security. A system, begun in 1935, of federal old-age
pensions for employed persons. Employers deduct a portion
of the payment from the employee’s salary – employers also
contribute an equal portion.
Social Security Administration -or- SSA. The federal
agency that administers the national social security program.
Social Security Tax. A payroll deduction based on gross
wages paid. The employer matches this amount as required
by the Federal Insurance Contribution Act (FICA).
sodomy -or- crime against nature. Made a felony in
England in the early 1500s by statute and, thus, considered as
a common law felony in the United States. Sodomy includes
bestiality (sexual acts with animals) and human buggery
(copulation per anus) and has been expanded to include other
unnatural sexual intercourse. Some modern statutes define
such deviant sexual intercourse as, for example, sexual
conduct between persons not married to each other consisting
of contact between the penis and anus, the mouth and penis,
or the mouth and vulva. However, many states have removed
sodomy from the category of crime except, of course, for acts
regarding force, underage participants, and flouting accepted
standards of morality in the community. Perkins & Boyce,
Criminal Law, 468 (3rd ed. 1982).
soliciting prostitution. The act of asking, enticing, or
requesting another to commit the crime of prostitution.
Son of Sam laws -or- notoriety-for-profit laws. Statutes that
provide support for the rights of victims by denying convicted
offenders the opportunity to further capitalize on their crimes.
Son of Sam laws set the stage for civil action against infamous
offenders who might otherwise profit from the sale of their
“story.”
sovereign immunity. The doctrine that bestows immunity to
lawsuits upon the government, state or federal, unless it give
its consent.
sovereignty. Preeminent among others. Having supreme
rank or power. Self-governing. In a monarchy, the king or
queen exercises sovereign power; in a democracy, the people
exercise sovereign power. In the United States, the people
have by way of their state and federal constitutions, delegated,
their legislative, executive, and judicial sovereign powers to
their legislators, executive officers, and judges, respectively –
most of whom the people elect.
specific deterrence. A goal of criminal sentencing which
seeks to prevent a particular offender from engaging in repeat
criminality.
specific performance. A remedy requiring a person who has breached a contract to perform specifically what he or she
greed to do. A court may order specific performance if it
decides damages would amount to inadequate compensation.
specific intent. A thoughtful, conscious intention to perform a specific act in order to achieve a particular result.
specific intent crimes. Literally, crimes that require a specific
intent. Generally speaking, specific intent crimes involve a
secondary purpose.
Speedy Trial Act. Federal law establishing time limits for
carrying out major events, i.e. indictment, arraignment, etc., in
a criminal prosecution.
spendthrift trust. A trust set up for the benefit of someone
who the grantor believes as incapable of managing his or her own financial affairs.
split sentence. A sentence explicitly requiring the convicted
person to serve a period of confinement in a local, state, or
federal facility followed by a period of probation.
stalking. The intentional frightening of another through
following, harassing, annoying, tormenting, or terrorizing
activities.
standard of proof. Indicates the degree to which the
complaining party must prove a point. In a civil case, the
burden of proof rests with the plaintiff, who must establish his
or her case by such standards of proof as a “preponderance of
evidence” or “clear and convincing evidence.” In a criminal
case, the prosecution must meet the standards of “beyond a
reasonable doubt.” Proof, qv.
standing. The legal right to bring a lawsuit. Only a person
with something at stake has standing to bring a lawsuit.
status. A person’s state of being.
status offenders. Youths charged as beyond the control of
their legal guardian or as habitually disobedient, truant from
school, or having committed other acts that would not be a
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crime if committed by an adult, such as smoking. Also referred
to as minors or children in need of supervision.
statute. Legislative enactment. An act of the legislature, adopted pursuant to its constitutional authority, by prescribed means and in certain form such that it becomes the law
governing conduct within its scope. A single act of a legislature or a body of acts that the legislature collects and
arranges for a session. Legislatures enact laws to prescribe
conduct, to define crimes, to create lower bodies of government, to specify use of public monies, and generally to promote the public good and welfare. Cf. statutory law.
statute of frauds. A statutory requirement that certain
contracts must be in writing.
statute of limitations -or- limitation of action. A statute
which limits the right of a plaintiff to file an action unless done
within a specified time period after the occurrence which gives
rise to the right to sue.
statutory. Relating to a statute; created or defined by a law.
statutory construction. Process by which a court seeks to
interpret the meaning and scope of legislation.
statutory law. Laws promulgated by Congress and state
legislatures. Cf. case law, common law.
statutory rape. The crime of sexual intercourse with a female
under the “age of consent” set by statute, regardless of
whether or not she consents to the act. Virtually every jurisdiction now refuses to recognize a mistake of fact as to the age of the female as a defense to the crime of statutory rape.
statutory research. Research of legislation enacted by a
state or the United States.
stay. A court order halting a judicial proceeding.
stipulation. An agreement between the parties involved in a
suit regulating matters incidental to trial.
strict liability. Concept applied by the courts in product
liability cases that when a manufacturer presents his goods for
public sale, he represents them as suitable for their intended
use. Liability without fault or intention. Strict liability offenses
do not require mens rea.
strict liability crimes. Violations of law for which one may
incur criminal liability without fault or intention.
strike. Highlighting, in the record of a case, of evidence that has been improperly offered and will not be relied upon.
subject matter jurisdiction. The empowerment of a court to hear and determine a particular category of cases. Federal
courts can exercise only “limited jurisdiction” q.v. as explicitly conferred by federal statutes. 28 U.S.C. §1251 et seq. Many
state trial courts have “general jurisdiction” to hear almost all
matters. The parties to a lawsuit may not waive a requirement
of subject matter jurisdiction.
subject research. Research of matter by determining all law
related to that matter by finding everything on the subject.
subpoena. A command to appear at a certain time and place
to give testimony upon a certain matter.
Subpoena Duces Tecum. A court order commanding a
witness to bring certain documents or records to court.
substantial capacity test. A test developed by the American Law Institute and embodied in the Model Penal Code. The test
holds that “A person is not responsible for criminal conduct if at
the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the
criminality [wrongfulness] of his conduct or to conform his
conduct to the requirements of the law.”
substantial step. Significant activity undertaken in
furtherance of some goal. An act or omission that is a significant part of a series of acts or omissions constituting a
course of conduct planned to culminate in the commission of a
crime. Also, an important or essential step toward the commission of a crime that is considered as sufficient to
constitute the crime of criminal attempt. A substantial step is
conduct that is strongly corroborative of the actor’s criminal
purpose. According to one court, a substantial step is
“behavior of such a nature that a reasonable observer, viewing
it in context could conclude beyond a reasonable doubt that it
was undertaken in accordance with a design to violate the
statute.”
substantive criminal law. Law with the purpose of
prevention of harm to society and which prescribes
punishment for specific offenses. The basic law of rights and
duties as opposed to “remedial law” which provides methods
of enforcement.
substantive law. The statutory or written law that governs
rights and obligations of those subjected to it.
substantive law. The positive law that creates, defines, and
regulates the rights and duties of parties, and which may give
rise to a cause of action. 192 P.2d 589, 593-594. Cf. adjective
law.
sudden passion. As in instances of voluntary manslaughter,
passion directly caused by and rising out of provocation by the
victim or of another acting with the victim, and includes the
understanding that the passion arises at the time of the killing
and is not solely the result of former provocation.
summary judgment. A judgment given on the basis of
pleadings, affidavits, and exhibits presented for the record
without any need for a trial. Used when no parties do not
dispute the facts of the case and a matter of law entitles one
party to a judgment.
summons. Instrument used to commence a civil action or
special proceeding. A means of acquiring jurisdiction over a
party.
support trust. A trust that instructs the trustee to spend only
as much income and principal (the assets held in the trust) as
needed for the beneficiary’s support.
suppress. For the court to forbid the use of evidence at a trial
because police or a party improperly obtained it. Cf.
exclusionary rule, fruit of the poisonous tree doctrine.
Surety Bond. A bond purchased at the expense of the estate
to insure the executor’s proper performance. Also referred to
as “fidelity bond.”
survivorship. Cf. joint tenancy.
suspension. A temporary loss of the right to practice law by
an attorney. Cf. disbarment, censure.
sustain. A court ruling upholding an objection or a motion.
syndrome. A complex of signs and symptoms presenting a
clinical picture of a disease or disorder.
syndrome-based defense. A defense predicated upon, or
substantially enhanced by, the acceptability of syndromerelated
claims.
T — T — T — T — T — T — T — T — T
Tangible Personal Property Memorandum -or- TPPM. A
legal document referred to in a will and used to guide the
distribution of tangible personal property.
tangible property. Property that has physical form and is
capable of being touched, such as land, goods, jewelry,
furniture, and so forth. Movable property that can be taken and
carried away.
taxable income. The income against which the government
applies tax rates to compute tax paid. Gross income of
businesses or adjusted gross income of individuals less
deductions and exemptions.
Tax Court of the United States. A judicial body which hears
cases concerning federal tax laws.
temporary relief. Any form of action by a court granting one
of the parties an order to protect its interest pending further
action by the court.
Temporary Restraining Order -or- TRO. An emergency
remedy of brief duration, such as ten days, issued by a court
only in exceptional circumstances, usually when immediate or
irreparable damages or loss might result before the opposition
could take action.
tender of performance. An offer or attempt to do which a
contract or law requires.
testamentary capacity. The legal ability to make a will.
testamentary trust. A trust set up by a will.
testator (male) -or- testatrix (female). A person who makes a
will.
testimony. The evidence given by a witness under oath. It
does not include evidence from documents and other physical
evidence.
theft. A general term embracing a wide variety of misconduct
by which a person is unlawfully deprived of his or her property.
theft of computer services. An offense in which a person
willfully uses a computer or computer network with intent to
obtain computer services without authority.
third party complaint. A petition filed by a defendant against
a third party (not presently a party to the suit) which alleges the
third party as liable for all or part of the damages the plaintiff
may win from the defendant.
three-strikes legislation. Statutory provisions that mandate
lengthy prison terms for criminal offenders convicted of a third
violent crime or felony.
title. Legal ownership of property, usually real property or
automobiles.
tort. A private or civil wrong or injury for which the court
provides a remedy through an action for damages. The
unlawful violation of a private legal right other than a mere
breach of contract, express or implied.
tort-feasor. An individual, business, or other legallyrecognized
entity that commits a tort.
trademark. A word, name, symbol, or devise used by a
manufacturer to distinguish his goods from those sold by
others.
transferred intent. A legal construction by which an
unintended act that results from intentional action undertaken
in the commission of a crime may also be illegal.
transcript. A written, word-for-word record of what someone
said. Usually refers to a record of a trial, hearing, or other
proceeding transcribed from a recording or from shorthand.
transmittal form. Form required in certain courts for
transmitting documents for filing.
treason. Violation of allegiance toward one’s country or
sovereign, esp. the betrayal of one’s own country by waging
war against it or by consciously and purposely acting to aid its
enemies.
trespassory taking. For purposes of crimes of theft, a taking
without the consent of the victim.
treatise. A formal a systematic book or writing containing a
narrative statement on a field of law.
trial brief. A written document prepared for and used by an
attorney at trial. It contains the issues for trial, synopsis of
evidence for presentation, and case and statutory authority to
substantiate the attorney’s position at trial.
trust. A legal device used to manage real or personal
property, established by one person (grantor or settlor) for the
benefit of another (beneficiary). Cf. trustee.
trust agreement -or- declaration. The legal document that
sets up a living trust. Wills set up trust agreements.
trustee. The person or institution that manages the property
put in trust.
truth in lending. Statutes which provide that the proposed
lender provide precise and meaningful cost of credit
information to the credit customer.
truth in sentencing. A close correspondence between the
sentence imposed upon those sent to prison and the time
actually served prior to prison release.
U — U — U — U — U — U — U — U — U
unfair labor practice. Actions by the employer that interfere
with, restrain, coerce, or threaten employees with respect to
their rights.
Uniform Commercial Code -or- UCC. A uniform law
governing commercial transactions. All states except Louisiana
have adopted the UCC.
Uniform Crime Reports -or- UCR. A summation of crime
statistics tallied annually by the Federal Bureau of Investigation
(FBI), and consisting primarily of data on crimes reported to
the police and of arrests.
Uniform Determination of Death Act -or- UDDA. A standard
supported by the American Medical Association, the American
Bar Association, and by The National Conference of
Commissioners on Uniform State Laws which provides that
“An individual who has sustained either (1) irreversible
cessation of circulatory and respiratory functions, or (2)
irreversible cessation of all functions of the entire brain,
including the brain stem, is dead.” The UDDA provides a
model for legislation, and has been adopted in various forms
by many states.
Uniform Laws Annotated. Annotated uniform and model
acts approved by the National Conference of Commissioners
on Uniform State Laws.
uniform law. Those uniform laws approved the
Commissioners on Uniform State Laws and proposed to all
state legislatures for their consideration and adoption. All 50
states adopt many of these uniform laws with minor changes
to their language. A state may adopt a uniform law regardless
of whether any other state does.
Uniform State Laws, The Commissioners on.
The Commissioners on Uniform State Laws approve and
propose uniform laws to all state legislatures for their
consideration and adoption. All 50 states adopt many of these
uniform laws with minor changes to their language. A state
may adopt a uniform law regardless of whether any other state
does.
unilateral contract. An agreement by which one undertakes
an express performance without receiving any express
promise of performance from the other.
union. An organization of workers formed for the purpose of
collective bargaining.
United States Attorney. A federal district attorney (legal
counsel) appointed by the President to prosecute for all
offenses committed against the United States; to prosecute or
defend for the government in all civil actions involving it as a
party, and to perform all duties of his/her assigned district. 28
USC §§541 et seq.
United States Attorney General. The chief federal attorney
and legal counsel appointed by the President to prosecute for
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all offenses committed against the United States. Cf. United
States Solicitor General.
United States Bankruptcy Court. The judicial body which
hears matters pertaining to bankruptcy and reorganization.
United States Court of Appeals. Courts that hear appeals
from federal district courts, bankruptcy courts, and tax courts.
United States Court of Claims. The court that hears actions
against the US Government.
United States Court of Military Appeals. The court that
hears appeals from court marshal decisions.
United States Court of Customs & Patent Appeals. The
court that hears appeals from all US customs and patent
courts.
United States Court of International Trade. The court that
hears cases concerning federal tariff laws.
United States District Courts. Courts that try both criminal
and civil actions and admiralty cases.
United States Magistrate Judge. Courts given authority by
28 USC §636. This court hears all preliminary criminal matters,
but does not conduct felony trials, and any pretrial civil matters
referred by the district court. If all parties consent, criminal
misdemeanor and civil trials can be heard by this court.
United States Marshal’s Service. Agency that serves civil
and criminal process in federal courts.
United States Postal Service. The federal office that
provides mail delivery to individuals and businesses within the
United States.
United States Reports. Publication of court decisions of the
United States Supreme Court.
United States Solicitor General. The counterpart to the
Attorney General in that the Solicitor General defends the
United States in all lawsuits against the United States
government (to which the government must first give its
consent).
United States Supreme Court. The highest court in the land,
established by US Constitution.
unlawful assembly. A gathering of three or more persons for
the purposes of doing an unlawful act or for the purpose of
doing a lawful act in a violent, boisterous, or tumultuous
manner.
unlawful detainer. A detention of real estate without the
consent of the owner or other person entitled to its possession.
unliquidated debt. Remaining not determined. Unassessed
or unsettled. In dispute as to the proper amount.
unsecured debts. In bankruptcy, debts such as open
accounts at department stores for which the debtor has not
pledged collateral to guarantee payment.
urban. A city or town.
usury. Extraction of interest on a loan above the maximum
rate permitted by statute.
uttering. The offering, passing, or attempted passing of a
forged instrument with knowledge that the document is false
and with intent to defraud.
V — V — V — V — V — V — V — V — V
vacate. To set aside, void, or nullify a judgment.
vagrancy. Under common law, the act of going about from
place to place by a person without visible means of support,
who was idle, and who, though able to work for his or her
maintenance, refused to do so, but lived without labor or on the
charity of others.
vagrant -or- vagabond. A wanderer; an idle person who,
being able to maintain himself by lawful labor, either refuses to
work or resorts to unlawful practices, e.g., begging, to gain a
living.
vehicular homicide. The killing of a human being by the
operation of a motor vehicle by another in a reckless manner
likely to cause the death of, or great bodily harm to, another.
venire. A writ summoning persons to court to act as jurors.
Cf. venire facias in Latin Words & Phrases.
venue. The geographical location or place where a case can
be prosecuted. Authority of a court to hear a matter based on
geographical location.
verdict. A conclusion, as to fact or law, that forms the basis
for the court’s judgment. Cf. directed verdict.
Veterans’ Administration -or- VA. The federal agency that
administers a system of benefits for veterans and their
dependents.
vicarious liability. The criminal liability of one party for the
criminal acts of another party.
victim. Any individual against whom an offense has been
committed. Or, for certain procedural purposes, a parent or
legal guardian if the victim is below the age of eighteen years
or is incompetent. Also, one or more family members or
relatives designated by the court if the victim is deceased or
incapacitated.
victim impact statement. The in-court use of victim- or
survivor-supplied information by sentencing authorities wishing
to make an informed sentencing decision. Also, a written
document that describes the losses, suffering, and trauma
experienced by the crime victim or by victim’s survivors. In
jurisdictions where victims impact statements are used, judges
are expected to consider them in arriving at an appropriate
sentence for the offender.
victimless crime. An offense committed against the social
values and interests represented in and protected by the
criminal law, and in which parties to the offense willingly
participate.
victims rights. The fundamental right of victims to be
equitably represented throughout the criminal justice process.
victim/witness assistance programs. Service organizations
that work to provide comfort and assistance to victims of crime
and to witnesses.
visa. An official endorsement on a document or passport
denoting that the bearer may proceed.
VOCA. The 1984 Victims of Crime Act.
void. Invalid. For example, no remedy exists for a void
agreement.
voidable. Capable of being declared invalid. For example, a
party may avoid his obligation to a voidable contract, such as a
contract between an adult and a minor.
voir dire. The preliminary examination made in court of a
witness or juror to determine his competency or interest in a
matter. Literally, to speak the truth.
voluntary bankruptcy. A proceeding by which a debtor
voluntarily asks for a discharge of his debts under the
Bankruptcy Code.
voluntary intoxication. Willful intoxication; intoxication that is
the result of personal choice. Voluntary intoxication includes
the voluntary ingestion, injection, or taking by any other means
of any intoxicating liquor, drug, or other substance.
voluntary manslaughter. The unlawful killing of a human
being, without malice, that is done intentionally upon a sudden
quarrel or in the heat of passion. Also, a killing committed
without lawful justification, wherein the defendant acted under
a sudden and intense passion resulting from adequate
provocation.
W — W — W — W — W — W — W — W — W
Wage Earner’s Plan. Chapter 13 Protection, qv.
waiver. Intentionally given up a right.
waiver of immunity. A means authorized by statute by which
a witness, before testifying or producing evidence, may
relinquish the right to refuse to testify against himself or herself,
thereby making it possible for his or her testimony to be used
against him or her in future proceedings.
warrant. Most commonly, a court order authorizing law
enforcement officers to make an arrest or conduct a search.
An application seeking a warrant must be accompanied by an
affidavit that establishes probable cause by detailing the facts
upon which the request is based.
warranty. A promise that a proposition of fact is true.
warranty deed. A deed that guarantees that the title
conveyed is good and its transfer rightful.
water rights. The right to use water.
Wharton’s Rule. A rule applicable to conspiracy cases which
holds that where the targeted crime by its very nature takes
more than one person to commit, then there can be no
conspiracy when no more than the number of persons
required to commit the offense participate in it.
will. A legal declaration that disposes of a person’s property
when that person dies.
willfully. Of one’s own free will; without reluctance.
withholding. A tax deducted from a salary, wage, or other
income on behalf of the government at the time of payment of
wages to the person who pays it.
with prejudice. A declaration that dismisses all rights. A
judgment barring the right to bring or maintain an action on the
same claim or cause.
without prejudice. A declaration that no rights or privileges of
the party concerned are waived or lost. In a dismissal these
words maintain the right to bring a subsequent suit on the
same claim.
witness. One who personally sees or perceives a thing; one
who testifies as to what he has seen, heard, or otherwise
observed.
Words and Phrases Legally Defined. A set of books in
dictionary form that lists judicial determinations of a word or
phrase.
worker’s compensation. A state agency that handles claims
of workers injured on their jobs.
writ. A judicial order directing a person to do something.
writ of certiorari. An order issued by the Supreme Court
directing the lower court to transmit records for a case for
which it will hear on appeal. Cf. certiorari in Latin Words &
Phrases.
writ of execution. An order of the court evidencing debt of
one party to another and commanding the court officer to take
property in satisfaction of the debt.
writ of garnishment. An order of the court whereby property,
money, or credits in the possession of another person may be
seized and applied to pay a debtor’s debt. It is used as an
incident to or auxiliary of a judgment rendered in a principal
action.
X — X — X — X — X — X — X — X — X
(no entries)
Y — Y — Y — Y — Y — Y — Y — Y — Y
Year and a Day Rule. A common law requirement that
homicide prosecutions could not take place if the victim did not
die within a year and a day from the time that the fatal act
occurred.
Z — Z — Z — Z — Z — Z — Z — Z — Z
Zoning Commission. Local agencies with jurisdiction to
regulate use of properties within their geographic area.
–––––––––––––––––––––––––––––––––––––––––––––––––
DICTIONARY OF ABBREVIATIONS AND SYMBOLS
Look to the Latin Words and Phrases section
for more information on Latin abbreviations,
marked in this section with [L].
§ section. clause. §§ sections. clauses.
afft. Affidavit.
aka. Also known as.
arg. Arguendo.
C.J. Corpus Juris.
C.J.S. Corpus Juris Secundum.
ca. resp. [L] capias ad respondendum.
Cf. [L] confer. Compare with.
e.g. [L] exempli gratia. For example.
eq. equity.
et al. [L] et alii. And others.
et seq. [L] et sequentes. And the following (of that described
– clauses, paragraphs, pages, etc).
etc. [L] et cetera. And the rest. NOT spelled “ect.”
ex rel. [L] Abbrev. of “ex relatione” Upon relation.
fka. Formerly known as.
ib. [L] ibidem. Refers to the same book or page.
ibid. [L] ibidem. Refers to the same book or page.
id. [L] idem. The same.
i.e. [L] id est. That is.
L.S. [L] locus sigilli. Place of the seal.
N.B. [L] nota bene. Note well.
nmn. No middle name.
N.O.V. [L] non obstante veredicto.
nol. pros. [L] nolle prosequi. Will not prosecute.
non seq. [L] non sequitur. It does not follow.
non vult [L] non vult contendere. He will not contest.
pro tem [L] pro tempore. For the time being.
q.v. [L] quod vide. Which see.
viz. [L] videlicet. That is to say.
–––––––––––––––––––––––––––––––––––––––––––––––––
DICTIONARY OF LATIN WORDS AND PHRASES
The legal profession borrows some words and phrases from
Latin. (Spanish-language people may find some familiarity
with Latin words because the Spanish language comes mostly
from Latin.)
actus reus (AKT-us RAY-us) “guilty act” or “deed of crime”
Every crime has two components: actus reus (unlawful action)
and mens rea (evil intent). Perkins and Boyce, Criminal Law
830-831 (3rd ed. 1982); 93 N.E. 249; 342 U.S. 246, 256; 361
U.S. 147, 150; Hall, General Principles of Criminal Law 222-
227 (2d ed. 1960).
ad testificandum (ad TES-ti-fi-KAHN-doom) “for testifying”
Refers to any person sought as a witness. Generally refers to
a type of habeas corpus writ to bring a prisoner to court to
testify.
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additur (AD-dih-tur) “add onto” An increase made by the court
which reduces the jury’s insufficient verdict.
a fortiori (ah FOR-shee-OH-ree) “from the most powerful
reason” Refers to drawing conclusion based on a powerful
requirement. A person not guilty of larceny, because he did
not steal, also not guilty of robbery (stealing with threat of
force).
aliunde (AHL-ee-UN-day) “from elsewhere” The aliunde rule
says a verdict may not be impeached by evidence held by a
juror unless based on competent evidence from elsewhere.
Evidence aliunde refers to that evidence from elsewhere. 141
Ohio St. 423.
amicus curiae (uh-MEE-kus KYEW-ree-eye) “friend of the
court” A person, not a party, who calls the court’s attention to
information which might otherwise escape its attention to allow
a proper decision (for the sake of justice). Amicus brief, a brief
so submitted. 264 F. 276, 279; 64 N.Y.S.2d 510, 512.
a posteriori (ah POS-ter-ee-OH-ree) “from what comes after”
Refers to knowing a cause from its effects. Reasoning from
particular facts to general principles: inductive logic. Cf a priori.
a priori (ah pree-OH-ree) “from what comes before” Refers to
predicting an effect from its cause(s). Reasoning from general
principles to particular fats: deductive logic. Cf a posteriori.
185 F.2d 679, 685.
arguendo (ahr-gyew-EN-doh) -or- arg. “[for the sake of]
arguing” To make a hypothetical statement.
bona fide (BOH-nah FIDE) “in good faith” Without fraud, made
in good faith. Authentic, genuine. 80 Cal. Rptr. 89, 97; 458
P.2d 33, 41; 20 A.2d 414, 416.
brutum fulmen (BREW-tum FUL-men) “empty thunder”
Refers to potentially powerful documents, judgments, etc
made useless due to an error in them which renders them
unenforceable. 179 S.W.2d 346, 348; 153 A.2d 888, 892.
capias ad audiendum judicium (KAY-pee-as ad aw-dee-ENdum
jew-DIH-shee-um) “you take to hear judgment” A writ to
bring defendant to court to receive judgment regarding guilty
verdict on misdemeanor.
3 Bl. Comm. *282; 178 A. 843, 844; 4 Bl. Comm *375.
capias ad respondendum (KAY-pee-as ad RES-pon-DENdum)
often just ca. resp. “you take to respond” A writ to arrest
and produce defendant prior to judgment. In effect, an arrest
warrant and summons.
3 Bl. Comm. *282; 178 A. 843, 844; 4 A.2d 883, 885.
causa proxima (KAW-zah PROK-sih-mah) “most closely
related cause” The cause responsible for the effect or result.
Used to shift blame to show guilt; also to shift blame away from
less guilty persons. 169 F.2d 203, 206; 323 P.2d 108, 114.
causa sine qua non (KAW-zah SEE-nah kwah nuhn) “cause
without which it could not occur” A cause essential to the
occurrence of the result. 169 F.2d 203, 206.
certiorari (sir-shee-oh-RAH-ree) “to be certified” An upper
court may issue a writ of certiorari commanding a lower court
to certify and return to the upper court the record in the
particular case and, thus, to allow the upper court to inspect
the proceedings and determine irregularities. US Supreme
Court has discretionary power to issue such writ, upon four or
more of its nine justices voting to hear a case, will issue the
writ to any applicable court in the land. Some state courts
issue similar writs called “certification”. 6 Cyc. 737.
Cf. (see eff) Abbrev. for “confer” (CON-fer) Has the meaning
of “compare with”.
compos mentis (KOM-pohs MEN-tis) “mentally competent.
Cf non-compos mentis.
contra bonos mores (KON-tra BOH-nohs MOH-rayz)
“against good morals” “...conduct of such character as to
offend the average conscience, as involving injustice
according to commonly accepted standards...”
231 F. 950, 969.
coram nobis (KOR-am NOH-bis) “before us” Refers to a writ
to seek relief from a judgment by bringing the attention of the
court to errors of facts on the face of the record in that court, if
known at the time, would have prevented rendition and entry of
the judgment in question. Such as facts not present due to
duress, fraud, or excusable mistake. 198 P.2d 505, 506; 269
N. Y. S. 2d 983, 986.
corpus delecti (KOR-pus deh-LEK-tie) “body of the crime”
Objective proof of occurrence of a crime. Not the body of a
killing. Corpus delecti has two parts: occurrence of specific
kind of injury or loss, and somebody’s criminality. 323 P.2d
117, 123; 247 P.2d 665; 1 Q.B. 388; 7 Wigmore, Evidence
§2702.
corpus juris (KOR-pus JUR-is) “body of law” Refers to a
series of text which contained much of the civil and the
ecclesiastical law.
crimen falsi (KRIH-men FAL-see) “crime of deceit” For
example: forgery, perjury, causing the absence of a witness,
and fraudulent writings. 141 N.E.2d 202, 206; 1 F. 784, 787;
207 F. 327, 331; 5 A.2d 804, 805.
de facto (day FAK-toh) “of fact” Refers to the fact of the deed;
in reality; actually. Refers to a matter not founded upon law.
Cf de jure. 139 P. 1057, 1059; 77 P. 114, 115; 97 P. 96, 98;
197 A. 667, 669; 269 F. Supp. 401, 445.
de jure (day JEW-ray) “of right, of decree” Refers to a matter
founded upon law. Cf. de facto. 269 F. Supp. 401, 443.
de minimis (day MIH-nih-mis) “of minor things” Refers to
issues not important enough for the courts.
121 F.2d 829, 832; Model Penal Code §2.12.
de novo (day NOH-voh) “of new, renewed” Refers to a
second time. For example, a trial de novo.
47 N.W.2d 126, 128.
Duces Tecum “Bring with you” Refer to the “Subpoena
Duces Tecum” entry in the Dictionary of Legal Words and
Phrases in this legal primer.
e.g. (ee gee) or (for example) Abbrev. for exempli gratia (eg-
ZEM-PLEE GRAH-tee-ah) For example.
ejustem generis (eh YEWS-dem JEN-ehr-iss) “of the same
kind” Courts may narrowly interpret general words which
follow named classes of persons or objects as only those
same kinds of things. Thus, a court may narrowly construe
“other dangerous weapons” in the phrase “...pistols, revolvers,
and derringers, or other dangerous weapons” as only firearms
or more narrowly as only handguns. Cf. noscitur a sociis. 49
F. Supp. 846.
en banc (uhn bahnk) [French] “in the [full] bench” By the full
court. Upon a court’s motion sua sponte or a litigant’s request,
the full court (instead of just one or a few judges) will hear a
matter.
et al. (et al) Abbrev. of “et alii” meaning “and others”
et seq. (et sek) Abbrev. for “et sequentes” or “et sequentia”
meaning “and the following” Mostly refers to page references
and to sections of statutes.
etc. Abbrev. for “et cetera” (et SEH-ter-ah) “and the rest” And
other unspecified items of the same class. And so forth.
Spelled “etc.” NOT “ect.” Very old spelling as “&c.”
ex gratia (eks GRAH-shee-uh) “from grace or favor” Refers to
acting as a favor, not from task or duty.
ex officio (eks oh-FEE-shee-oh) “from the office” By virtue of
the office. 44 S.E.2d 88, 95; 90 So. 423, 424; 251 N.W. 395.
ex parte (eks PAR-tay) “from one party” Refers to an
appilcation from one party to a proceeding without notice to or
knowledge of another party.
ex post facto (eks post FAK-toh) “from after the fact”
Retroactive. Usually “expost facto law” – a law that attempts to
make a previous act criminal. Article 1 sections 9 &10 of US
Constitution prohibits such laws. 171 S.W.2d 880; 3 U.S. 386;
U.S. Const. Art. 1, Sec. 9, Cl. 3 and Sec 10.
ex rel. (eks rel) abbrev. for “ex relatione” meaning “upon
relation or report” Refers to legal proceedings, when the right
to sue resides solely in the state, brought in the name of the
state but on the information and at the instigation of a private
individual, the relator (the real party in interest), who has a
private interest in the outcome. 329 P.2d 118, 133. In other
instances, the court issues certain writs on behalf of a relator,
such as “informations” in the nature of “quo warranto.” 175
S.W. 940, 942. Such a habeas corpus may have the title
“United States ex rel. [defendant] vs. [warden].”
habeas corpus (HAY-bee-us KOR-pus) See the larger
Habeas Corpus section in the We the People Legal Primer.
488 F.2d 218, 221; 261 U.S. 86; 456 U.S. 107; 455 U.S. 509.
ib. (ib) -or- ibid. (IB-id) abbrev. for “ibidem” “in the same
place” It refers to the same book or page. Used in references
to avoid repeating same data from the immediately preceding
reference.
id. (id) Abbrev. for “idem” “the same” Used in citations to avoid
repeating author’s name and title. See ibid.
i.e. (aye ee) or (that is) Abbrev. for id est (id est) “that is”
That is. That is to say. (To explain further).
in camera (in KEH-mer-ah) “in chambers” Refers tio
proceedings held in the judge’s chambers.
66 Cal. Rptr. 825, 829.
in delicto (in deh-LIK-toh) “in fault” At fault but not necessarily
at equal fault.
indicia (in-DEE-shee-ah) “indications” Circumstances or
evidence which support but not necessarily prove a proposition or conclusion. 53 S.E. 2d 122, 125; 277 S.W. 2d 413, 316.

in extremis (in eks-TREH-mis) “in the extreme” toward the end, especially anticipating eminent death. 167 Cal. Rptr. 297, 302.

in forma pauperis (in FOR-mah PAW-per-is) “in the manner of a pauper” Courts may grant a party the right to proceed without assuming the burden of cost or the strict adherence to
pleadings. Courts granting in forma pauperis status to a criminal defendant may also grant a court-appointed counsel.

infra (IN-frah) “below” Refers to discussion or citation appearing below or following this spot. Cf. supra.

in genere (in JEH-neh-ray) “in the same kind” Of the same class or species of anything. Applies to different laws for the same general purpose.

in haec verba (in heek VER-bah) “in these words”
In these words. In the same words.
in hoc (in hock) “in this” In this. Regarding this.
in limine (in LIH-mih-nee) “at the beginning” At the beginning
or at the threshold.
in omnibus (in OM-nih-boos) “in all things” In all the world. In all nature. In all respects.
in pari materia (in PAH-ree deh-LIK-toh) “in the subject matter” Relating to the same person or matter. Interpret those
portions of statutes etc. relating to the same subject or purpose
together, according each the same importance or weight. 43
Okl. 682.
in personam (in per-SOH-nam) “into or against the person”
Actions on personal liability against a person(s) requiring
jurisdiction over such person(s). Cf. in rem. 237 So. 2d 592,
594.
in re (in ray) “in the matter of” “regarding” Usually refers to an
opponentless legal proceeding, such as name change or estate of decedent.
in rem (in rem) “against a thing” Actions against the res or
thing without reference to any claimants of it. Outcomes of such proceedings bind all claimants. Cf. in personam.
in se (in seh) “in (and of) itself”
inter alia (IN-ter AH-lee-uh) “among other things”
ipse dixit (IP-say DIK-sit) “he himself said it” An assertion by
one whose sole authority for it is that he himself has said it.
ipso facto (IP-soh FAK-toh) “by the fact itself” In and of itself.
270 N.Y.S. 737.
ipso jure (IP-soh JUH-ray) “by the law itself” Merely by the
law.
jurat (JUR-at) “sworn” A certification on an affidavit showing when, where, & before whom affiant swore.
lex “law”
lex loci delicti (lex LOH-kee deh-LIK-toh) -or- locus delikto (LOH-kus deh-LIK-toh) “the place of the wrong” The place
where the last event necessary to make the actor liable
occurred.
liber “book” A book of records, as of deeds.
locus sigilli (LOH-kus sih-JIL-lee) “the place of the seal” Often
abbrev. “L.S.” – within brackets on copies. 71 S.E. 142, 143.
malum in se (MAH-lum in say) “wrong in and of itself” An act
(e.g. murder) considered evil and wrong by civilized people.
An inherently evil and wrongful act. Acts that are regarded, by
tradition and convention, as wrong in themselves Cf. malum
prohibitum. 259 P. 893, 898; 373 S.W. 2d 90, 93.
malum prohibitum (MAH-lum pro-HIH-bih-tum) “wrong as
prohibited (by statute)” An act (e.g. driving fast) not inherently
evil but prohibited by law – how fast is “too fast”? But reckless
driving is malum in se. Cf. malum in se. 223 N.E.2d 755, 757;
262 F.2d 245, 248.
mandamus (man-DAY-mus) “we command” When all other
judicial remedies fail, an extraordinary writ commanding an
official to perform an absolute duty (such as feeding or
medically treating prisoners).
9 F. Supp. 422, 423; 74 P. 695, 501.
mens rea (menz REE-ah) “guilty mind” One (of four possible)
mental states accompanying, and required for, a criminal act:
intentionally, knowingly, recklessly, and grossly negligent.
Mens rea may amount to general or a specific mental element,
depending on the alleged crime. Prosecution must prove,
beyond a reasonable doubt, that mens rea coexisted with the
wrongful act. Insanity, intoxification, or mistake may nullify or
mitigate the existence of a mens rea. Malum prohibitum
crimes, being crimes of strict liability) often do not require a
specific mens rea. Model Penal Code §2.02; 343 U.S. 790.
modus operandi (MOH-dus OP-er-AN-dee) “manner of
operating” “manner of committing an act” The characteristic
method employed in allegedly repeated criminal acts. 249
C.A.2d 81.
nisi prius (NEE-see PREE-us) “unless the first” Sometimes
used to describe a court in which originally heard a case (not
an appellate court). Actually translates as “the first”.
nolle prosequi (NOLL-ee PROHS-ee-kyee) “unwilling to
prosecute” Sometimes abbrev’d. nol. pros. (noll prohs) The
formal entry of a declaration that the prosecution shall not
prosecute a case further. State can re-indict within statute of
limitations and prosecute defendant again. Cf. dismissal. 91
So. 2d 857, 859; 443 A.2d 86, 89; 419 N.E.2d 47, 51; 418
S.W.2d 629, 632; 213 S.E.2d 91, 93.
First Edition Condensed May 2004
A free primer. For imprisoned people only, – page 35 – who can reproduce it without permission.
nolo contendere (NOH-loh kon-TEN-deh-ray) “I don’t wish to
contend” Not a plea. A statement that a defendant will not contend a charge. An implied confession admitting to all facts
stated in indictment. Equal to a guilty plea. Accepted only by decision of the trial court, satisfied that defendant made it knowingly and willingly and factual basis supports it. Cf. non
vult. 119 F. Supp. 288; 139 P.2d 682; F.R. Crim. Proc. 11(b)

non compos mentis (non Kom-pos MEN-tis) “not in control of
the mind” Insane. In some instances, it just means not legally
competent. 108 A.2d 820, 822; 1 S.E.2d 768, 770.
non obstante veredicto (non ob-STAN-teh veh-reh-DIK-toh)
not withstanding the verdict. Abbrev. N.O.V. A judgment
N.O.V. reverses a jury verdict due to lack of support by
reasonable facts or contrary to law. Thus, a second chance at
a directed verdict by the moving party.
non sequitur (non SEH-kwih-tur) “it does not follow” often
abbrev’d non seq. Refers to an action or proceeding unrelated
to the previous events. Or it has not logical or timely purpose
for its place of events. Or logically, timely, physically out of
order.
non vult (non vult) abbrev. of non vult contendere (non vult
kon-TEN-deh-ray) “he will not contest” Refers to a criminal
plea which does not expressly admit guilt but does not contest
charge and agrees to treatment as though guilty. Cf. non
contendere.
noscitur a sociis (NOH-sih-ter ay SOH-shee-is) “it is known
by its associates” Ascertaining the meaning of a word in a
statute in light of the meaning of the word(s) associated with it.
With such words of similar meaning but not equally
comprehensive, the specific word limits and qualifies the
general word. Cf. ejustem generis. 950 N. W.2d 412, 413;
218 S.E.2d 735, 740.
nota bene (NOH-tah BEH-nay) “note well” commonly
abbrev’d “N.B.” Refers to an important part of text.
nuisance per se (NEW-sehns per say) “a nuisance by itself”
An act, under any circumstances and at all times, which
invades the rights of others. Once established by proof, it
becomes a nuisance as a matter of law.
281 S.W.2d 721, 723; 268 N.W.2d 525, 528.
nunc pro tunc (nunk proh tunk) “now for then” An action after
the point when the movant should have taken it. Retroactive.
Thus, a nunc pro tunc court order corrects the record,
supplementing a matter it originally had jurisdiction over. If
time to appeal expired, party may seek leave to file notice of
appeal out-of-time. If permitted, the court will file the notice
nunc pro tunc and, thus, render the appeal timely.
obiter dicta (OH-bih-ter DIK-tah) “passing comments”
Statements or decisions made in a court opinion not
necessary to the disposition of the case at hand.
per curiam (per KOO-ree-ahm) “by the court” Refer to
“opinion” entry in the Dictionary of Legal Words and Phrases in
this legal primer.
per infortunium (per in-for-TU_nee-um) “by accident”
By accident. By misadventure. Homocide pre infortunium:
Someone who, while doing a lawful act without any intention to
harm or injure, kills another.
posse comitatus (PAH-say KOH-mih-TAH-toos) “to be able to be an attendant” A sheriff may summon (even verbally) to
his assistance any person to assist him in making an arrest for
a felony. A person so summoned acts as neither officer nor as private citizen but as posse comitatus, and the protection of the law clothes his actions. A posse comitatus need not remain in the physical presence of the sheriff but may act in
concert to effect the stated purpose. 449 S.W.2d 656, 661.
post mortem. (post MOR-tem) “after death” Refers generally
to the examination of a body of a deceased to determine the
cause of death. It may include only such examination as that
performed by a coroner and may not extend to a true medical
determination of the cause of death which would involve
autopsy and dissection. 31 N.Y.S. 865, 866. Cf. autopsy.
praecipe (PREE-sih-pee) “order, command” A writ
commanding the defendant to perform a requirement or to
show reason why defendant did not do it. 257 U.S. 10.
prima facie (PREE-mah FAY-shee-ah) “at first view” Sufficient
to establish existence, validity, credibility, etc. But does not
compel a certain conclusion. Trier of the facts must weigh it.
However, sufficient to avoid a directed verdict or motion to
dismiss. 105 N.E.2d 454, 458; 185 N.E.2d 115, 124.
pro bono publico (proh BOH-noh POOB-lee-koh) “for the
good of the public” Often just pro bono. Attorneys represent a
party pro bono for the general good of the public. Done for
indigent defendants in criminal cases.
procendendo (proh-say-DEN-doh) “duty to have proceeded” Commonly called a remand. A writ by an upper court when a party has improperly removed a cause to it, as by certiorari, commanding the lower court to assume jurisdiction and to proceed to judgment on the cause.
pro forma (proh FOR-mah) “for the sake of the form” In an appealable decree or judgment, usually that the court rendered decision, not upon intellectual conviction of the decree, but
merely to facilitate further proceedings. 267 F. 564, 568.
pro hac vice (proh hak VEE-chay) “for this turn” The
allowance of an exception; usually the permission granted an
out-of-state attorney to appear in a particular case wit the
same standing as an attorney admitted to practice in the
jurisdiction. And a locally admitted attorney is usually the
“attorney of record”. 184 F.2d 119, 123; 439 U.S. 438.
pro se (proh say) “for himself” Refers to representing oneself without the aid of counsel.
pro tanto (proh TAHN-toh) “to such extent” As far as it goes.
To the extent, but only to the extent. 104 N.W.2d 462, 466.
pro tempore (proh TEM-por-ray) “for the time being” Commonly abbrev’d pro tem (proh tem).
pro nunc (proh nunk) “for now”
quasi (KWAH-sih) (KWAH-see) “almost” Nearly. Almost. Cf.
pseudo.
quid pro quo (kiwd proh kwoh) “what for what” Tit for tat.
This for that. Something that a party receives or expects for something he promises, gives, or does. For example, a defendant’s guilty plea to a lesser offense in exchange for his testimony. 209 S.W.2d 851.
q. v. (kyew vee) Abbrev. for quod vide (kwod VEE-day).
“which see” (which means “refer to this”)
ratio decidendi (RAH-shee-oh day-see-DEN-dee) “reason for the decision” The principle which the case establishes.
ratio legis (RAH-shee-oh LAYG-is) “legal reason” The underlying principle, reasoning, grounds, scheme, theory,
doctrine, or science of the law.
reductio ad absurdum (ray-DUK-tee-oh ad ab-SUR-dum) “to
reduce to the absurd” To disprove a legal argument by showing that it ultimately leads to an absurd position.

remittitur (ree-MYT-tih-tur) “send back” A reduction made by the court (without the consent) of the jury which reduces its
excessive verdict. A court may not grant a remittitur for a new trial except by consent of the party unfavorably affected by it.
Cf. additur. 116 S.E.2d 867, 871; 258 F.2d 17, 30.
res (reez) “the matter” The subject matter of an action. 42
N.Y.S. 626, 628.
res gestae (reez JES-tee) “things done” Rule that covers spoken words so closely connected to an event that the rule considers them part of the event. Spontaneous exclamations
or statements made by participants, victims, or witnesses contemporaneous with (immediately before, during, or after)
an event. Courts admit such written or oral evidence as
declarations as to present bodily conditions, declarations of
present mental states and emotions, and declarations of
present sense impressions. 257 N.E.2d 816, 818; 432 S.W.2d
349, 352; 266 P.2d 992, 1003; 383 A.2d 858, 860; Fed. R.
Evid. 803.
res judicata -or- res adjudicata (reez [ah] JOO-dih-KAY-tah)
“the thing decided” A matter judged. A matter conclusive
upon the parties in any subsequent litigation involving the
same cause of action. Supported by the doctrines of repose,
statute of limitations, stale claims, and finality.
respondeat superior (RAY-spon-DAY-at soo-PER-ee-or) “let
the superior respond” Doctrine in a “master-slave” (employeremployee)
relationship where the superior bears responsibility
for an agent who acts on the superior’s behalf. In common
law, duty rests upon all persons to conduct their affairs so as not to injure another, whether acting directly or through another. 143 P.2d 554, 556; 9 N.W.2d 518, 521.
scienter (SEE-en-ter) “knowledge” Often signifies “guilty knowledge.” Signifies a wrongful act committed designedly, understandingly, knowingly, or with guilty knowledge, usually involving fraud. 211 N.W. 346; 444 S.W.2d 498, 505.
secundum (seh-KUN-dum) “immediately after” Refers, in law publishing, to the second series of a treatise. For example Corpus Juris Secumdum.
seriatum (seh-ree-AH-tum) “in [proper] order” In order, in succession; one by one.
sic (sik) “thus” Usually used with quotes to refer to an
incorrectly spelled, surprising, or paradoxical word, phrase, or fact quoted properly (not mistakenly). Usually written in brackets “[sic].”
sine die (SEE-nay DEE-ay) “without day” Legislative bodies
adjourn sine die when it does not set a date to assemble
again. 300 S.W.2d 806.
sine qua non (SEE-nay kwah non) “without which not” The
essence of a thing. The alleged act.
status quo (STAH-tus kwoh) “existing conditions”
498 S.W.2d 42, 48; 28 P. 764, 767.
stare decisis. (STAH-ray deh-SEE-sis) “to stand by that
which was decided” Rule by which common law courts “are slow to interfere with principles announced in the former
decisions and often uphold them even though they would decide otherwise were the question a new one.” 156 P.2d 340,
345. Although [stare decisis] is not inviolable, our judicial system demands that it be overturned only on a showing of
good cause. Where such a good cause is not shown, it will not
be repudiated.” The doctrine is of particularly limited application in the field of constitutional law. 298 U.S. 38, 94.
Cf. precedent.
sua sponte SOO-ah SPON-tay) “on one’s own” Often refers to a court issuing a declaration, such as a mistrial, without motion from any party.
sub judice (sub JOO-dih-say) “under a court” Refers to the matter before the court. The case at bar. The instant case.

sub modo (sub MOH-doh) “under a  qualification” Subject to a condition or qualification.

sub nomine (sub NOH-mih-nay) “under the name” Indicates that the title of a case altered during a later phase in the proceedings.

subpoena (suh-PEE-nah) from “sub poena” meaning “under penalty” A writ issued under authority of a court compelling the
appearance of a witness at a judicial proceeding. Court can treat failure to comply as contempt of court. 183 N.Y.S.2d 125,
129; 12 A.2d 128, 129.

sub silencio (sub sih-LEN-shee-oh) “under silence” Refers overruling a prior authority by necessary implication of a later opinion reaching a result contrary to the apparent controlling
authority.

sui generis (SOO-ee JEN-er-is) “of its own kind” Unique; in a class by itself. See ejusdem generis.

suo nomine (SOO-oh NOH-mee-nay) “in his own name”

supersedeas (soo-per SEE-dee-as) “you shall forbear” A writ commanding stay of proceedings to maintain the status quo that existed before the entry of a lower court’s judgment or decree. 183 P.2d 275, 277.

supra (SOO-prah) “above” Refers to discussion or citation appearing above or before this spot. Cf. infra.

venire facias (veh-NEE-ray fah-SHEE-uhs) “to make to come [before the court]” A writ commanding a sheriff to cause to come before the court certain persons, typically jurors or
parties. 46 A.2d 921, 923.

viz. (viz) Abbrev. of videlicet (VEE-deh-LEE-sit) “that is to say” That is to say. To wit. Namely. In pleadings, to explain,
particularize, or specify a preceding word.
48 A. 639, 642; 116 N.W.2d 243, 244.

LEGISLATIVE WORDS AND PHRASES
annotated codes. Publications that combine state or federal statutes with summaries of cases that have interpreted the statutes. With a very few exceptions, only a law library will have annotated codes.

bill. The name of a piece of legislation when introduced in Congress or a state legislature. When both houses of a legislature passes a bill and the President or a state governor, the government will usually publish it according to its bill number in a publication called “Session Laws” or “Statutes at Large.”

bill number. Legislators refer to bills by their number. The number really has two parts: the abbreviation for the specific wing of the legislature that introduced the bill, “H” or “HB” for a house bill or “S” or “SB” for a senate bill, and the number which identifies the particular bill, as in “1860.” Thus, “S1860” means senate bill number 1860.

chapter. A term that identifies a group of related state or federal statutes that have been gathered together within a particular Title or Code.

chaptered. A bill becomes chaptered if it clears the legislature and the governor signs it.
citation. Formal references to statutes that describe where a government publishes a statute. For instance, the citation “23
Vt. Stat. Ann. Section 1185” means the statute in Section 1185 of Title 23 of the Vermont Statutes Annotated. And the federal
citation “42 U.S.C. 1395” means the federal statute found in Title 42, Section 1395 of the United States Code.

code. In general the term “code” refers to the main body of statutes of the jurisdiction (for example, the United States Code or the Arizona State Code). A government groups its statutes in its code by subject matter (titles), as in Title 11 of the United States Code (bankruptcy laws). Some states, including California, Texas and New York, use the term “code” to refer to the overall collection of statutes and the separate subject matter groupings of statutes, as in “Penal Code,” “Family Code” or “Probate Code.”
engrossed. A legislative body (such as the House) engrosses a bill by voting to approve it and sending it on to the other legislative body (such as the Senate).

enrolled. A legislature enrolls a bill when both houses of alegislative body approve it and send it on to the executive branch (the President or a governor) for signing.

legislative history. Assorted materials generated in the course of creating legislation, including committee reports,
analysis by legislative counsel, floor debates and a history of actions taken. You can find legislative history for recently enacted federal statutes at http://thomas.loc.gov/. You usually cannot find legislative history for state statutes on the Web.

session laws. When a bill become law, the legislature publishes it in a text according to the session of the legislature
that enacted them into law. For instance, the California legislature passed laws in 1999 in its 1999-2000 session. You can find the individual laws in the publication for a particular session (such as Session Laws 1999-2000) according to their original bill number.

sponsor. Those legislators that introduce a bill.
statutes at large. See Session Laws.
statutory schemes. Groups of statutes that relate to one particular subject. For instance, all of the federal statutes that make up Title VII of the Civil Rights Act (which forbids employment discrimination and sexual harassment) amount to a statutory scheme because they all relate to each other.

title. In the federal system and in some states, “title” denotes a collection of state or federal statutes by subject matter, as in Title 11 of the U.S. Code for bankruptcy statutes or Title 42 of the U.S. Code for civil rights statutes. The word “title” also denotes a group of statutes within a larger set of statutes, as in Title IX of the Civil Rights Act (itself located in Title 42 of the
U.S. Code).

LEGAL QUOTATIONS (Sayings and quotes about law and the legal system.)

APPEALS.
It is needless to enter into many reasons for quashing the conviction, when one alone is sufficient.
– William Murray, British chief justice (1756)

The appellant goes before the appeals court as a plaintiff claiming he suffers a wrong committed by the justice system.
– We the People Legal Primer

ARGUMENTS.
Prepare your proof before you argue.
– Jewish proverb

Arguments derived from probabilities are idle.
– Plato, Phaeto c. late 4th century BC

[He] who overrefines his arguments brings himself to grief.
– Petrarch, c.1350

Be calm in arguing; for fierceness makes error a fault and truth a discourtesy. – George Herbert, 1633

Be brief, be pointed, let your matter stand
Lucid in order, solid and at hand;
Spend not your words on trifles but condense;
Strike with the mass of thought, not drops of sense;
Press to the close with vigor, once begun,
And leave – how hard the task! – leave off when done.
– Joseph Story, Advice to a Young Lawyer, 1835

But to generalize is to omit...
– Oliver Wendell Holmes Jr., 208 U.S. 267, 273 (1908)

The obvious is better than obvious avoidance of it.
– H W Fowler, A Dictionary of Modern English Usage, 1926

A doctrine capable of being stated only in obscure and involved terms is open to reasonable suspicion of being either crude or erroneous. – Sir Frederick Pollock, 1845-1937

The more you explain it, the more I don’t understand it. – Mark Twain

The best way to win an argument is to begin by being right – Jill Ruckelshaus, 1973

CASES.
The laws are adapted to those cases which most frequently occur. – Legal maxim

Decided cases are the anchors of the law.
– Francis Bacon, De Augumentis Scientiarum, 1623

A case is only an authority for what it actually decides. I deny it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning assumes that the law is  necessarily a logical code, whereas every lawyer must acknowledge that the law is not always logical at all.
– Hardinge Stanley Giffard, English jurist, lord chancellor, Quinn v. Leathem, 1901

The job of the courts is not to dispose of cases but to decide them justly.
– Jim Carrigan, American jurist, justice, Supreme Court of Colorado, 1977

[Law is called] a glorious uncertainty.
– Horace Mayhew, English journalist, 1848

COMPETITION.
One bush, they say, can never hide two thieves.
– Aristophanes, The Wasps, 422 BC

CONSEQUENCES.
When anything is forbidden, everything which leads to the same result is also forbidden.
– Latin legal saying

CONSTITUTION.
Our Constitution is in actual operation; everything appears to promise that it will last; but in this world nothing is certain but
death and taxes.
– Benjamin Franklin, 13 Nov 1789

Constitutions are intended to preserve practical and substantial rights, not to maintain theories.
– Oliver Wendell Holmes Jr., 194 U.S. 451, 457 (1904)

...the ultimate touchstone of constitutionality is the Constitution itself and not what we have to say about it.
– Felix Frankfurter, 306 U.S. 466 (1939)

While the Declaration [of Independence] was directed against an excess of authority, the Constitution was directed against anarchy. – Robert H Jackson, The Struggle for Judicial
Supremacy, 1941

The validity of a doctrine does not depend on whose ox it gores. – Robert H Jackson, 364 U.S. 388, 406 (1960)

COURTS.
The business of the court is to try the case, not the man; and a very bad man may have a very righteous case.
– Anonymous, Thompson v Church, 1 Root 312 (1791)

The penalty for laughing in a courtroom is six months; if it were not for this penalty, the jury would never hear the evidence.
– H L Mencken, 1880-1956

Courtroom: A place where Jesus Christ and Judas Iscariot would be equals, with the betting odds in favor of Judas.
– H L Mencken

CRIME.
No crime is founded upon reason.
– Livy, History of Rome, c.10 BC

There is no crime without a precedence.
– Seneca, Hippolytus, c. 60 AD

The source of every crime is some defect in understanding, or some error in reasoning, or some sudden force of the passions.
– Thomas Hobbes, Leviathan, 1651

CRIMINALS.
The act is not criminal unless the mind is criminal.
– Legal maxim

The wrathful man does not see the law.
– Publilius Syrus, 1st century BC

DECISIONS.
Out of thy mouth I will judge thee.
– New Testament, Luke 19:22

DEFENSE.
Even God himself did not pass sentence upon Adam before he was called upon to make his defense: “Adam, where are you?” ... “Have you eaten of the tree which I commanded you
not to eat?” ... “Why did you do that?”
– Old Testament, Genesis

DOUBT.
An honest man can never surrender an honest doubt.
– Walter Malone, 1866-1915

DUE PROCESS.
No man should be condemned unheard. – Legal maxim That no man of what estate or condition, shall be put out of land or tenement, nor taken nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due
process of law. – Statute of Westminister, c. 13th century

ERRORS.
The cautious seldom err. – Confucius, Analects, c.500 BC

Delay is preferable to error.
– Thomas Jefferson to George Washington, a letter written 16 May 1792

EVIL.
Better to suffer a great evil at the hand of another than to commit a little one yourself.
– Proverb

Evil deeds never prosper.
– Homer, Odyssey, c. 8th century BC

Of two evils we should always choose the less.
– Thomas Kempis, Imitation of Christ, c.1420

INNOCENCE.
It is better than ten guilty persons escape than one innocent suffer.
– Sir William Blackstone, Commentaries on the Laws of England, 1765-1769

Today, the grand jury is the total captive of the prosecutor who, if he is candid, will concede that he can indict anybody, at any time, for almost anything, before a grand jury.
– William J Campbell, American jurist, judge, US District Court, US News & World Report, 19 June 1978

Those who make the attack ought to be very well prepared to support it.
– Sir Giles Rooke, English jurist, Almgill v Pierson (1797) 2 Bos. & Pull. 104

[A] plaintiff must show that he stands on fair ground when he calls on a Court of justice to administer relief upon him.
– Sir Lloyd Kenyon, English jurist, lord chief justice, Booth v Hodgson (1795), 6 T.R. 409

JURIES.
Let the judge answer the question of law; the jury on the question of fact.
– Latin legal phrase

Twelve good honest men shall decide in our cause, And be judges of fact though not judges of law.
– William Pulteney, Earl of Bath, 1684-1764

Every new tribunal, erected for the decision of facts, without the intervention of a jury ... is a step towards establishing aristocracy, the most oppressive of absolute governments.
– Sir William Blackstone, Commentaries on the Laws of England, 1765-1769

JUSTICE.
Justice is blind, he knows nobody.
– John Dryden, The Wild Gallant, 1663

Justice, I think, is the tolerable accommodation of the conflicting interests of society, and I don’t believe there is any royal road to attain such accommodations concretely.
– Learned Hand, Life, 4 Nov 1946

LAW.
Every law has a loophole. – Proverb

Where no law is, there is no transgression.
– Bible, New Testament, Romans 4:15

The law is good if a man use it lawfully.
– Bible, New Testament, 1 Timothy 1:8

Taking the law into one’s own hands.
– Aesop, Fables, c.620-560 BC

Law can never issue an injunction binding on all [parties] which really embodies what is best for each; it cannot prescribe with perfect accuracy what is good and right for each member of the community at any one time. The differences of human personality, the variety of men’s activities and the inevitable unsettlement attending all human experience make it impossible for any act whatsoever to issue unqualified rules holding good on all questions at all times.
– Plato, Politicus,
427?-347 BC

Even when laws have been written down, they ought not always to remain unaltered. – Aristotle, Politics, c.322 BC

Law is a pledge that citizens of a state will do justice to one another.
– Aristotle, Politics, c.322 BC

Law is reason free from passion.
– Aristotle, 384-322 BC

Time is the best interpreter of every doubtful law.
– Dionysius of Halicarnassus, Antiquities of Rome, c. 20 BC

No law perfectly suits the convenience of every member of the community; the only consideration is, whether upon the whole it be profitable to the greater part.
– Livy, History of Rome, c. 10 BC

The precepts of law are these: to live honorably, to injure no other man, to render every man his due.
– Justinian I, Institutes, c. 533

There is no worst torture than the torture of laws.
– Francis Bacon, “Of Judicature,” Essayes, 1597

Laws are spiders’ webs, which stand firm when any light and yielding object falls upon them, while a larger thing breaks through them and escapes.
– Solon, Diogenes Laertius, Lives of Eminent Philosophers, 3rd Century

Possession is nine points of the law.
– Thomas Fuller, Holy War, 1608-1661

Where good laws are, much people flock thither.
– Benjamin Franklin, Poor Richard’s Almanack, 1734

Let all laws be clear, uniform, and precise;
to interpret laws is almost always to be corrupt.
– Voltaire, Philosophical Dictionary, 1764

The standards of the law are standards of general application. The law takes no account of the infinite varieties of temperament, intellect, and education which make the internal character of a given act so different in different men. It does not attempt to see men as God sees them.
– Oliver Wendell Holmes Jr., US Supreme Court justice, in The Common Law, 1881

For law’s sake only, to be held in bonds?
– Algernon Charles Swineburne, Mary Smart, 1881

It is the capacity to command free assent that makes law a substitute for power. The force of legitimacy — and conversely the habit of voluntary compliance — is the foundation of the law’s civilizing and liberalizing influence.
Indeed ... law in this sense is the very fabric of a free society.
– Arichbald Cox, et al, Civil Rights, the Constitution, and the Courts, 1967

In the whole history of law and order the longest step forward was taken by primitive man when, as if by common consent, the tribe sat down in a circle and allowed only one man to speak at a time.
– Derek Curtis Bok, “If We Are to Act Like Free Men...” Saturday Review, 13 Feb 1954

Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for the law; it invites every man to become a law unto himself; it invites anarchy.
– Louis Brandeis, Olmstead v United States, 277 U.S. 438 (1928)

This won’t be the first time I’ve arrested
somebody and then built my case afterward.
– James Garrison, district attorney, New Orleans LA

I’m not against the police, I’m just afraid of them.
– Alfred Hitchcock (He actually feared the police.)

It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and none to others, the harm resulting from failure to
apprehend him does not justify the use of deadly force to do so.
– Byron T White, Tenn. v Garner, US Supreme Court decision, 27 Mar 1985

LEGAL STUDIES.
To be a lawyer you have to learn to work off of precedents and to explore statutory ambiguities. But you should also understand that the law is not a disciplined set of rules. The landscape in which the law exists is changing.
– Charles Halpern, American educator, dean,
City University of New York Law School at
Queens College, New York Times, 14 Sep 1982

MOTIVES.
The act does not constitute a criminal unless the mind is criminal. – Latin legal phrase

Acts indicate the intention. – Legal maxim

An act against my will is not my act.
– Legal maxim

What passes in the mind of man is not scrutable by any human tribunal; it is only to be collected from his acts.
– Sir John Willes, English jurist, King v Shipley (1784), 3 Doug. 177

NATURAL LAW.
It would not be correct to say that every moral obligation involves a legal duty; but every legal duty is founded on a moral obligation.
– John Duke Coleridge, English jurist, lord
chief justice, The Queen v. Instam (1893)

The law that will work is merely that summing up in legislative form of the moral judgment that the community has already
reached. – Woodrow Wilson

NEED.
Inability suspends the law. – Latin legal phrase
No one is held bound to the impossible. – Latin legal phrase The law does not seek to compel a man to do that which he cannot possibly perform. – Legal maxim

OBEDIENCE.
A strict observance of the written laws is doubtless one of the highest duties of a good citizen, but it is not the highest. The laws of necessity, of self preservation, of saving our country when in danger, are of a higher obligation. ... To lose a country by a scrupulous adherence to written law would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the ends to
the means. – Thomas Jefferson

No man is above the law and no man is below it; nor do we ask any man’s permission when we require him to obey it. Obedience to the law is demanded as a right; not asked as a
favor. – Theodore Roosevelt

OPINIONS.
Our opinions are best provisional hypotheses.
– Learned Hand, American jurist

It is true of opinions as of other compositions that those who are seeped in them, whose ears are sensitive to literary nuances, whose antennae record subtle silences, can gather from their contents meaning beyond the words.
– Felix Frankfurter

PLEAS.
It’s only because we have plea bargaining that our criminal justice system is still in motion. That doesn’t say much for the quality of justice. – Dorothy Wright Wilson, dean, University of
S. California Law Center

Because of plea-bargaining, I guess we can say, “Gee, the trains run on time.” But do we like where they are going?
– Franklin E Zimring, American educator, professor, University of Chicago

POWER.
Power delegated cannot exceed that which was its origin. – Legal maxim

PRECEDENTS.
The doctrine of the law then is this: that precedents and rules must be followed, unless flatly absurd or unjust; for though their reason be not obvious at first view, yet we owe such a deference to former times as not to suppose that they acted wholly without consideration.
– Sir William Blackstone

When a judge challenged Rufus Choate, the famous Massachusetts lawyer, to cite a precedent for his argument before the court, he replied: “I will look, your honor, and
endeavor to find a precedent if you require it; though it would seem a pity that the court should lose the distinction of being
the first to establish so just a rule.”
– Rufus Choate

The life of the law has not been logic; it has been experience. – Oliver Wendell Holmes Jr.

There is no superstitious sanctity attached to precedent ...
Courts can only maintain their authority by correcting their errors to accord with justice and the advance and progress of
each age.
– Walter Clark, American jurist

The law can be compared to the fictional Killy-loo bird, a creature that insist on flying backward because it didn’t care where it was going but was mightily interested in where it had been.
– Fred Rodell, professor, Yale Law School

PREJUDICE.
We must be ever on our guard, lest we erect our prejudices into legal principles. – Louis Brandeis, justice, US Supreme Court, New State Ice Co v. Liebmann, 285 U.S. 262, 311 (1932)

PROSECUTION.
Those who make the attack ought to be very well prepared to
support it. – Sir Giles Rooke, English jurist, Almgill v. Pierson
(1797), 2 Bos. & Pull. 104
Today, the grand jury is the total captive of the prosecutor who,
if he is candid, will concede that he can indict anybody, at any
time, for almost anything, before a grand jury. – William J Campbell, American jurist, judge, US District Court, US News
& World Report, 19 June 1978

PUNISHMENT.
No pain equals that of an injury inflicted under the pretense of
a just punishment. – Luperico Leonardo de Argensola,
Spanish poet and dramatist, Sonetos

RIGHTS.
Rights are lost by disuse. – Latin legal phrase

The laws assist those who are vigilant, not those who sleep over their rights. – Legal maxim

In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the State has undertaken to provide it, is a right which must be made
available to all on equal terms.
– Earl Warren, Brown v. Board of Education of Topeka, 347 U.S. 483; 74 S. Ct. 686

The First Amendment is often inconvenient. But that is beside the point. Inconvenience does not absolve the government of its obligation to tolerate speech.
– Justice Anthony M. Kennedy. U.S. Supreme Court

RULE OF LAW.
What due process of law means to Americans ... is bound up with our traditional notions of Magna Carta. Whether all that
has been read into [that] document is ... legally sound, is not of first importance; belief itself is a historical fact, ... legend and
myth cannot be left out of account on tracing the sequence of
cause and effect. – Helen M Cam, English historian

Too often, practitioners of the law are ... not creators of legal justice and do not, in fact, understand, the philosophical bases
of law, its ultimate goals, or its importance ... in a democratic
society. It should be the role of universities to constantly explore the possibilities of improving the rule of law, of
constantly studying the extension of the rule of law, of
constantly working for the universalization of the basic
principles which lead to an international conformity of basic
law. It should be the role of universities to study the extension
of law to other areas of human disputes and arguments and violence, so as to substitute basic principles and rational procedures for prejudice and violence. – Robert John Henle,
American educator, president, Georgetown University
SELF-INCRIMINATION.
The critical point is that the Constitution places the right of
silence beyond the reach of government.
– William O Douglas, justice, US Supreme Court, Ullman v.
United States, 350 U.S. 422, 76 S. Ct. 497 (1956)
SENTENCES.
The toughest part of this job is sentencing. I’ve lost all kinds of
sleep over sentences. I find it dreadful.
– Malcolm Muir, American jurist, judge, United States District
Court, San Francisco Examiner & Chronicle, 8 March 1981

SEVERITY.
There is a point beyond which even justice becomes unjust. –
Sophocles, Electra, c. 409 BC

SUPREME COURT.
By the very nature of the functions of the Supreme Court, each member of it is subject only to his own sense of the trusteeship of what are perhaps the most revered traditions on our national system.
– Felix Frankfurter, 63 Harvard Law Review, 1, 2 (1949)

TORTS.
It is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal. – Sir John Holt,
English jurist, chief justice, Ashby v. White (1703) 2 Raym. 953
That great principle of the common law which declares that it is your duty so to use and exercise your own rights as not to
cause injury to other people.
– Sir Charles James Watkin Williams, English jurist, Gray v.
North-Eastern Rail. Co (1883) 48 L.T.R. 905
TRIALS.
It is abominable to convict a man behind his back.
– Sir John Holt, English jurist, chief justice,
The Queen v. Dyer (1703) 6 Mod. 41
In criminal trials a state can no more discriminate on account
of poverty than on account of religion, race or color.
– Hugo Black, Griffin v. Illinois, 351 U.S. 12, 19;
76 S. Ct. 585; 55 A.L.R.2d 1055 (1956)
Guilt or innocence become irrelevant in a criminal trial as we
flounder in a morass of artificial rules, poorly conceived and
often impossible of application. Like the hapless centipede on
the flypaper, our efforts to extricate ourselves from this selfimposed
dilemma will, if we keep it up, soon have all of us
immobilized. – Warren E Burger, justice, US Supreme Court, Washington Post, 26 May 1969
Those who think that the information brought out at a criminal trial is the truth, the whole truth, and nothing but the truth are fools. Prosecuting or defending a case is nothing more than getting to those people who will talk your side, who will say what you want said. ... I use the law to frustrate the law. But I
didn’t set up the ground rules. – F Lee Bailey, New York Times
Magazine, 20 September 1970
[Preparation] is the be-all of good trial work. Everything else —
felicity of expression, improvisational brilliance — is a satellite
around that sun.
– Louis Nizer, Newsweek, 11 December 1973
To work effectively, it is important that society’s criminal
process “satisfy the appearance of justice,” ... and the appearance of justice can best be provided by allowing people
to observe it. – Warren E Burger, Richmond Newspapers Inc
v. Virginia, 488 U.S. 555; 100 S. Ct. 2814 (1980)
TRUTH.
And, finally, that truth is great and will prevail if left to herself;
that she is the proper and sufficient antagonist to error; and
has nothing to fear from the conflict unless by human interposition disarmed of her natural weapons, free argument and debate; errors ceasing to be dangerous when it is permitted freely to contradict them. – Thomas Jefferson
Truth and falsehood, it has been well said, are not always opposed to each other like black and white, but oftentimes, and by design, are made to resemble each other so as to be hardly distinguishable; just as the counterfeit thing is
counterfeit because it resembles the genuine thing. – Sir
Anthony Cleasby, English jurist, Johnson v. Emerson, (1871),
L.R. 6 Ex. Ca. 357.
All sides in a trial want to hide at least some of the truth. The
defendant wants to hide the truth because he’s generally guilty. The defense attorney’s job is to make sure the jury does not arrive at that truth. The prosecution is perfectly happy to have the truth of guilt come out, but it, too, has a truth to hide; it wants to make sure the process by which evidence was obtained is not truthfully presented because, as often as not, that process will raise questions. – Alan M Derschowitz,
US News & World Report, 9 August 1982
TYRANNY.
The purpose of law is to prevent the strong from always having
their way. – Ovid, Roman poet, Fasti, ch. 8
It is from petty tyrannies that larger ones take root and grow.
This fact can be no more plain than when they are imposed on the most basic rights of all. Seedlings planted in the soil grow great, and, in growing, break down the foundations of liberty. – Wiley B Rutledge, Thomas v. Collins, 323 U.S. 516; 65 S. Ct.
315 (1944)

WITNESSES.
One eye-witness is worth more than ten who tell what they have heard. – Plautus, Roman playwright, Truculentus
We better know there is a fire whence we see much smoke
rising than we could know it by one or two witnesses swearing
to it. The witnesses may commit perjury, but the smoke
cannot. – Abraham Lincoln
There is an old story of blind men trying to describe an elephant. One felt it’s leg and declared that the elephant was
like a tree; another felt its enormous side and said the elephant
was like a wall; while a third felt the tail and was positive that
the elephant was like a rope. Each man had a notion of reality that was limited by the number and kind of attributes he had
perceived. – Wayne C Minnick, American educator,
The Art of Persuasion, 1957
WORDS.
All laws are promulgated for this end: that every man may know his duty; and therefore the plainest and most obvious
sense of the words is that which must be put on them. – Sir
Thomas More, Utopia, 1516
The heaviest thing that is, is one “et cetera.”
– John Florio, Firste Fruites, 1578
You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs
and the harms it would cause if improperly administered. –
Pres. Lyndon B. Johnson
A word must become a friend or you will not understand it.
Perhaps you do well to be cool and detached when you are seeking information, but I remind you of the wife who complained, “When I ask John if he loves me, he thinks I am
asking for information.”
– Sir Edward Coke, Case of Swans (1592) 7 Rep. 15, 17
In the case at bar, also, the logic of words should yield to the
logic of realities. – Louis D Brandeis, Justice, US Supreme
Court, Di Santo v. Pennsylvania, 273 U.S. 34; 47 S. Ct. 267
(1927)
Words, after all, are symbols, and the significance of the symbols varies with the knowledge and experience of the mind
receiving them. – Benjamin N Cardozo,
Cooper v. Dasher, 290 U.S. 106, 54 S. Ct. 6, 78 (1933)
We live by symbols, and what shall be symbolized by any
image of the sight depends upon the mind of him who sees it.
– Oliver Wendell Holmes Jr., justice, US Supreme Court
There is no surer way to misread a document than to read it literally. – Learned Hand, American jurist, Guiseppi v. Walling,
324 U.S. 244, 65 S. Ct. 605 (1944)
Law has always been unintelligible, and I might say that perhaps it ought to be. And I will tell you why, because I don’t want to deal in paradoxes. It ought to be unintelligible because
it ought to be in words — and words are utterly inadequate to deal with the fantastically multiform occasions which come up
in human life. – Learned Hand, American jurist, “Thou Shalt Not Ration Justice,” Brief Case, 4 November 1951
A word may denote to an advocate something which he wished an audience to understand; yet it may have
communications which will produce antagonistic impression.
The resulting ambiguity can lead to misunderstanding of meaning. In 1954, such a connotative ambiguity victimized Secretary of Defense Charles Wilson. Discussing the plight of unemployed workers while in Detroit, Wilson expressed the
opinion that they should show more initiative in seeking
reemployment, and concluded saying, “Personally, I like bird
dogs better than kennel-fed dogs ... bird dogs like to go out
and hunt for food, but the kennel-dogs just sit on their
haunches and yelp.” – Wayne C Minnick, American educator,
The Art of Persuasion, 1957

FORMS OF ADDRESS AND SALUTATIONS
Forms of address for use in external addresses on envelopes and in internal addresses on letters. Salutations for use as the greeting in a letter.
When writing to women, please substitute the appropriate word(s) in parentheses for the previous word(s) shown.

Attorney
address Mr. John(Ms. Jane) Smith
Attorney at Law
–or–
John(Jane) Smith, Esq.
salutation Dear Mr.(Ms.) Smith:
Attorney General (state)
address The Honorable John(Jane) Smith
Attorney General State of _____
salutation Dear Mr.(Madam) Attorney General:
Attorney General (US)
address The Honorable John(Jane) Smith
Attorney General of the United States
salutation Dear Mr.(Madam) Attorney General:
Chief Justice (US Supreme Court)
address The Chief Justice of the United States
salutation Dear Mr.(Madam) Chief Justice:
–or–
Sir:(Madam:)
Chief Justice/Associate Justice (US Supreme Court)
address The Honorable John(Jane) Smith
salutation Dear Mr.(Ms.) Smith:
–or–
Dear Mr.(Madam) Justice:
Clerk (County)
address The Honorable John(Jane) Smith
salutation Dear Mr.(Ms.) Smith:
Clerk (of a court)
address John(Jane) Smith, Esq.
Clerk of the Court of _____
salutation Dear Mr.(Ms.) Smith:
District Attorney
address The Honorable John(Jane) Smith
District Attorney
salutation Dear Mr.(Ms.) Smith:
Governor
address The Honorable John(Jane) Smith
Governor of _____
salutation Dear Governor Smith:
Judge (federal)
address The Honorable John(Jane) Smith
Judge of the United States
District Court for the _____
District of _____
salutation Sir:(Madam:) –or– Dear Judge Smith:
Judge (state or local)
address The Honorable John(Jane) Smith
Judge of the United States
salutation Sir:(Madam:) –or– Dear Judge Smith:
Lieutenant Governor
address The Honorable John(Jane) Smith
Lieutenant Governor of _____
salutation Dear Mr.(Ms.) Smith:
Mayor
address The Honorable John(Jane) Smith
Mayor of _____
salutation Dear Mayor Smith:
President (US)
address The President
The White House
salutation Dear Mr. President:
Representative (state)
address The Honorable John(Jane) Smith
salutation Dear Mr.(Ms.) Smith:
Representative (US)
address The Honorable John(Jane) Smith
United States House of Representatives
salutation Dear Mr.(Ms.) Smith:
Secretary of State (state)
address The Honorable John(Jane) Smith
Secretary of State
State Capitol
salutation Dear Mr.(Madam) Secretary:
Senator (state)
address The Honorable John(Jane) Smith
The State Senate
State Capitol
salutation Dear Senator Smith:
Senator (US)
address The Honorable John(Jane) Smith
United States Senate
salutation Dear Senator Smith:
–––––––––––––––––––––––––––––––––––––––––––––––––
ENGLISH GRAMMAR AND USAGE
English Prime (also E-Prime or E´)
A variation of the English Language called “English Prime” or
“E-Prime” represents reality in a more accurate and more
positive manner. English Prime does this by not using any
form of the verb “to be” (am, are, is, was, were, aren’t, isn’t,
wasn’t, weren’t, I’m, you’re, he’s, she’s, it’s, we’re, they’re).
Instead of writing,
“The Habeas Corpus was filed in court,”
“John Doe was charged with four felonies,”
“The suspect was violent,”
“He is a terrorist,” or
“He was entering the house,”
someone using English Prime might write:
“The defendant filed the Habeas Corpus in court,”
“DA Smith charged John Doe with four felonies,”
“A witness described the suspect’s behavior as violent,”
“The police suspect him of terrorist activity,” or
“A neighbor says he saw him entering the house.”
Notice how the E-Prime versions show who acted (“defendant
filed” “prosecutor charged” “the witness described,” etc) as
compared to the common, but more passive and vague versions from popular English usage. Where possible, the We the People Legal Primer uses E-Prime because of its “active voice,” its use of fewer words, and its more direct and honest reference to and description of reality. The author encourages
readers to use English Prime in their writings, speech, and thoughts, and he recommends lots of practice with it.
Of grave importance to convicted persons, the use of E-Prime eliminates the definitions of persons that has plagued
our thoughts and reasoning for ages. Consider, for example, the declaration that:
“John Doe is a thief.”
This horrifically powerful sentence declares him as only a thief and nothing but a thief, and that he can never amount to anything other than a thief. It also implies interchangeability
between him and a thief. Need a thief? Enlist John Doe who, with the robot-like mentality that the above statement attributes
to him, will exercise the thievery skills required. The statement implies a present and persistent state — “thief” means “someone who steals” and makes the statement mean “John Doe is someone who steals” or “John Doe steals” — as if he steals right now — a present and ongoing activity!
Such lousy thinking involved with that poor wording forces people to come to grips with the difficulty of ever determining
that:
“John Doe is no longer a thief.”
To say today “This is an orange” and to say tomorrow (about
the same thing) “This is not an orange” goes against our reasoning, even though it has rotted into an unfamiliar mess.
Once we define John Doe as a thief, we cannot then re-define
him as a non-thief. These types of declarations in standard
English have no expiration date – they exist forever! Instead,
consider an E-Prime version:
“John Doe stole a car in 1989.”
Such an E-Prime statement corresponds with reality in every
detail. It defines the single criminal act which concerns the
government and, of which, the government found him guilty. It
allows the government to consider what John Doe “has done since then” for purposes of determining parole eligibility.
Obviously, as victims of people’s need to “define” others, we take great interest in the meanings and usages of words.
Notice that people habitually define others as they define inanimate objects. Join in the E-Prime movement and take a
step closer to reality.
Criminal. One who has committed a crime, or one whom a
court has convicted of committing a crime. Thus, according to
standard English: Once a criminal, always a criminal.
Convictions. Clearly, equating a person with a stereotype
using standard English fails to represent reality. Let’s face the
facts: anyone can hurt others, steal, or lie; and, thus, everyone
has the potential for becoming an “assailant,” a “thief,” or a
“liar.” E-Prime helps to eliminate the tools necessary for us to
“label people.” Also, the constitution empowers only courts to
convict a defendant — defendant’s cannot convict themselves.
Thus, “being a convict” (forgive my standard English) always results from an act of a court, but not always from an act of a
defendant. As everyone knows, courts haven’t convicted some people who did commit a crime, while courts have convicted some people who did not commit a crime. Be aware
that many wrongful convictions by courts amount to “overconvicting”
defendants, for example, finding them guilty of
murder instead of manslaughter, or guilty of seven burglaries instead of the three that they actually committed.
Ex-convict? A “convict” means someone convicted —“someone found or declared guilty of an offense or crime.” So, would the word “ex-convict” mean “someone formerly found or
declared guilty of an offense or crime?” Doesn’t make sense, does it? It doesn’t make sense because the word “ex-convict”
doesn’t really exist – at least not in dictionaries – but only in the
First Edition Condensed May 2004
A free primer. For imprisoned people only, – page 39 – who can reproduce it without permission.
minds of wishful thinkers. The same holds true for the word
“ex-offender.” It doesn’t exist in dictionaries. If we support the fallacy of the standard English language for labeling people,
then: once a convict, always a convict; once an offender, always an offender.
Expirations. In standard English, all other such labels have expirations dates. When someone stops managing, people
stop labeling him as “a manager.” When someone stops waiting on tables, people stop labeling her as “a waitress.”
You certainly understand the obvious point here. Try asking a classification or parole board when the label of “convict,”
“offender,” “killer,” “thief,” or whatever expires. (if you do this,
try asking politely.) They may not love you for it, but it certainly
may give them cause to think. (A sarcastic response from them: “Isn’t that up to you, Mr. Doe?”)
Everyone has a nasty label. As a little kid, we all have stolen
something or lied. So, by using standard English, “Everyone is a thief and a liar” – FOREVER. Virtually everyone has
exceeded the speed limit at some point in their lives. Thus,
“Nearly everyone is a speeder.” And the Bible says, “everyone
is a sinner!” (Speaking of labels, some Bible scholars find interest in the passage where God allows Adam to “name” things.)
Final point. Do we all look at each other and recognize ourselves as the eternal liars, thieves, speeders, and sinners that the false and harmful labeling process makes of all of us, or do we honestly confront the labeling process and admit that it contains fatal flaws that cannot survive any test against
reality??


Media Spin and Its Savage Games of Words
Subjects, Actions, and Offenses. Pay careful attention to the subject of sentences, the verbs (actions), and the descriptions of events. “The state will try John Doe for the murder of Fred Smith.” Already, the author of that statement has declared Smith’s death as, not only a crime, but also murder. “John Doe murdered Fred Smith, according to police.” Notice the subject and verb, and notice the disclaimer which, although grammatically correct, comes a bit too late psychologically — the tabloid-style “John murdered Fred” statement (not a claim) has done its damage in the readers’
minds.

Fair coverage. If the media wanted truly fair coverage of the news, it would use English such as: “Police label Fred Smith’s death a murder,” and “Police bring murder charge against John Doe.” But the media doesn’t focus on what the police do because it doesn’t sell newspapers or airtime. Instead, the media uses current police actions as “stalking horses” to snipe and defame criminal defendants.
Media, the illegal forum. The police, prosecutors and media work hand-in-hand to try criminal defendants in the public
forum prior to the court trial. They ruin a defendant’s chance of a trial before a fair and impartial jury, and they know that they do this. The state, and the media as its henchmen, unilaterally
inject copious amounts of accusations, both true and false, into
the public. The defendant should not — cannot — effectively defend himself in this illegal forum without giving away his legal defense for use later in court. Thus, the state and the media poison the public and prevent the defendant from later
defending himself in front of a fair and impartial jury. The state and its media henchmen sadistically crucify the unfortunate defendant and psychologically brutalize his family and friends.
And they perform an injustice to society in general.
Gender spin. Notice how newspapers and newscasters word accusations differently for men and women: “John Doe murdered Fred Smith, according to police,” but “Police arrest Jane Doe in Fred Smith’s death.” Notice the subject of the sentences, the actions, and the overall idea conveyed: “John murdered Fred,” but “Police charge Jane.” Some media
accounts regarding female suspects never actually state the
charge. For whatever reason, society seems to hold men
more accountable for their actions than women. Perhaps men
should get some fair play … at least from the media.
Media — The black birds that sit on tombstones. The media in general, and not just the paparazzi, should bear the
nickname of “black birds that sit on tombstones.”


The Dehumanizing of a Person Involves Words
Criminality begins with potential perpetrators dehumanizing potential victims in their own minds.

Anthropomorphism (Greek: anthropos = human, morphe =
shape) refers to attributing human motivation, characteristics,
or behavior to inanimate object, animals, or natural
phenomena. This amounts to describing: mountains as “wise,”
animals as “loving,” and storms as “angry.” Language experts consider anthropomorphism as poor and undeveloped thinking
or, at best, poetic or humorous language.
Likewise, attributing animal characteristics, motivation, or behavior to humans also comes from poor and underdeveloped thinking. This amounts to describing a person as “a monster,” “an animal,” and so on. People should consider these uses as serious prejudices and as inhuman
roots of evil and criminality. This thinking dehumanizes people
and allows the perpetrator to treat humans as something other than human. (Consider the excuses used by death penalty proponents.)
A person, who attributes animal or sub-human characteristics to another person, lowers him or herself into the dangerous
and frightening realm of criminality. People, who use such an attitude, strip their victims of more than their personal identity –
they strip them of their human identity. Thus, the potential perpetrator begins by thinking about and looking upon their
victim as something non-human, something not deserving of human consideration and respect.
This potential for criminality applies to regular citizens and also to the media, police, prosecutors, jurors, judges, executioners,
parole boards, and other government officers. Thus people in government can consider warehousing, torturing, and
murdering their victims without the belief that they do these things to humans – because they look upon their targets as animals. This one “is a monster,” that one “is an animal,” and
so on. We lose track of reality when we start labeling people.

Sapir–Whorf–Korzybski Hypothesis
This hypothesis (theory) implicitly includes the topic of English Prime described in the section above.
Three linguists (Edward Sapir 1897-1941, Benjamin Whorf 1884-1939 [not the Star Trek alien], and Alfred Korzybski 1879-1950) contributed their ideas about language and
perception to their hypothesis which, in essence, states: The grammar and the words and their definitions that a person uses also influences and shapes that person’s perception of reality.
The author of this legal primer believes this, and encourages readers: to acquire a dictionary and a thesaurus (thih-SOARus), to expand their vocabulary, to pay closer attention to subtle shades of meaning among seemingly identical words,
and perhaps to learn a new language. To quote an old adage:
“To learn another language is to gain another soul.”

Writing Arabic (Standard) Numerals
Arabic numerals refer to our standard numbers (0 through 9) as compared, for example, to Roman numerals. (European languages adopted and modified these numerals from the Arabic language.) Anyway, when writing numbers one through nine in a sentence, write out the names of the numbers (one, two three, ...). When writing numbers greater than nine, use the Arabic numerals (10, 11, 12, ...). For example, “...four of the nine justices...” as compared to “...the 50 states...” However, spell out all numbers that begin sentences; for example, “Fifty police officers raided the house.”
Use Arabic numerals when citing legal publications – do not convert them to words.

Roman Numerals
Some legal authors and authorities continue to use Roman numerals to enumerate pages, paragraphs, sections, the year, and so on.
I = 1 V = 5 X = 10 L = 50
C = 100 D = 500 M = 1,000
Reading. Read Roman numerals from left to right; add the
values as you read. Add equal valued numerals together; also add smaller numerals that follow larger ones. But – subtract a
smaller numeral from the larger numeral that it comes before.
Thus, VI = 6 … but IV = 4 MC = 1,100 … but CM = 900
Writing. Write Roman numerals from left to right starting with the largest available values. Thus, “327” begins “CCC...”
which means 300. Don’t use more than three I’s or X’s or C’s;
instead, use the subtract rule. Thus,
CD (not CCCC) = 400 ix (not viiii) = 9
Don’t subtract a V, L, or D because VX = 10 – 5 = 5, which is
just V; LC = 100 – 50 = 50, which is just L; and DM = 1000 – 500 = 500, which is just D.
Use Roman numerals as capitals (MCMXXIV = 1,924) or as small letters (xvii = 17). Both styles can represent to the same
value. However, don’t use capitals for small letters or vice versa. Thus, don’t write “XVII” for a page originally numbered as “xvii.” And, don’t mix capitals and small letters together
(don’t write “LVii” or “xXIiI”).

Using “Who” and “Whom”
Who. Use “who” as the “doer” of an action. Thus, “Who cooked dinner?”, “The guy who drove the car.” Whom. Remember the “Ends With M” Rule: Use “whom” as you would use “him” or “them.” Thus,
“by them” – “by whom” “ask him” – “ask whom” “against whom” “with whom” “toward whom”
and the ever popular, “To Whom It May Concern:”

Using “Its” and “It’s”
Its. Shows ownership without the usual apostrophe (to eliminate confusion). Thus, “The dog bit its tail,” and “The court reversed its decision.”
It’s. A contraction that replaces “it is.” “It’s a boy!”, “It’s a nice day,” and “It’s my motion, Your Honor.”

Spell Out Contractions, Abbreviations and Symbols Contractions. Most people use contractions while speaking
and in writing letters. However, strictly speaking, the use of
contractions assumes a casual attitude between the writer and
reader. Although lawyers may use contractions, such as “don’t,” in speaking to a judge, written legal briefs require a more formal attitude. Thus, try to use complete words instead of contractions. One exception – possessives, such as: “the court’s ruling,” “the defendant’s lawyer,” and “the DA’s claim.”
Abbreviations. Likewise, unless legal papers, court
decisions, etc commonly use an abbreviation, spell all
questionable abbreviations that you want to use. Use
abbreviated titles such as “Mr.” “Ms.” “Dr.” “Sr.” and “Jr.”
Unlike the author of the We the People Legal Primer, you need to follow all abbreviations with periods. Thus, use “U.S.” instead of “US,” “etc.” instead of “etc,” and so on.
Symbols. Finally, unless legal papers, court decisions and so on commonly use a symbol, you should use words for all questionable symbols that you want to use. Mostly, you need
to take care not to use “&” and “%” (instead, spell out “and” and “percent”).

A More Accurate “I Before E” Rule
“I before E when sounding like ‘ee’ except after C.” This rule applies to more words than does the longer and more popular rule. Of course, when in doubt, look it up!

YOUR HEALTH ... AND YOUR FREEDOM
— A Sound Mind in a Sound Body —
Alcohol, drugs, nicotine, and caffeine. People use these chemicals in blind attempts to solve non-chemical problems, such as: fear, anger, stress, boredom, abuse, laziness, lack of
sleep, general dissatisfaction with life, low self-esteem, etc.

You can’t “fit a square peg into a round hole.” Learn more effective coping skills, live life honestly, and give up the chemical “crutches.”
Nutrition. Proper nutrition involves: amino acids, vitamins, and steady dependable energy. Many people care for their car better than their own bodies.

Amino acids. Cells link amino acids into chains called proteins, which the cells use to regulate their health and to
repair, to change, and to grow. Cells use proteins as carriers of information, instruments of operations, and as building
blocks of the cell itself. Most people get the bulk of their proteins from meats, fish, and dairy products.
Water. Almost every chemical reaction in the body involves water. Extra water must be taken with meats and proteins in order to “dissolve” them into their amino acids. Our bodies absorb amino acids – not proteins. So drink extra water when you eat proteins.
Energy sources. If your body does not obtain enough energy from non-protein foods, it will “burn” proteins for fuel instead
absorbing their amino acids. Eat enough non-proteins (carbohydrates) to fuel your body when you eat meats.
Essential amino acids. Nutritionists have identified eight essential types of amino acids out of the 20 types that our bodies use. “Essential” mean we must obtain them in our food
because our bodies cannot manufacture them. Learn about
essential amino acids and eat enough of them.
Carbohydrates. Carbohydrates, especially complex carbohydrates, provide our bodies with steady and dependable streams of energy. Complex carbs, formerly
called starches, release their energies slowly. Simple carbs, from fruits or refined sugars, release their energies quickly and cause you energy “highs” followed by energy “lows.” Eat
mostly complex carbs.
Brain food. Brain cells don’t store energy as muscle cells do.
They cannot “carbo load.” All brain energy must come from
the bloodstream as brain cells need it. Their lack of storage
can cause brains to suffer from sugar highs and lows when blood sugar levels rise and fall. An excellent reason to provide
steady and dependable streams of energy (complex carbs) to
your mind and body. Tell me no lies. The TV commercial describing a candy bar
[obviously eaten on an empty stomach] as supposedly holding
someone over until dinner falsely represents the facts about simple carbs. Slow but steady [complex carbohydrates] win
the race – especially as we grow older and suffer diabetes-like
symptoms.
Dietary fiber. People laugh about fiber (formerly called
roughage), but they also cry about constipation, straining on
the toilet, and hemorrhoids. Make the healthy choice. We get
fiber from vegetables and fruits.
Vitamins. Vegetables also provide the great amounts of vitamins which our bodies use for various serious purposes.
Look up kale, a veggie awesomely fortified with vitamins!
Stress. Human bodies react when exposed to stress. One reaction causes the body to literally “piss away” the important
B-complex vitamins (B-1, B-2, B-6, and B-12). The nervous system needs these vitamins. Prison life can cause stress,
and prisoners should eat more foods high in B vitamins or they
should take supplements.
Meals in general. Eat three sufficient and regular meals per
day to provide regular amounts of what we need. Consistency
in the scheduling and nutrition of meals allows our bodies to
learn to fit their digestion into our bodies’ busy daily routine.
Aging process. As we age, our bodies’ ability to provide
sustained energy declines, giving us diabetes-like symptoms.
Older people find that eating smaller main meals, with snacks in between them, helps sustain their energy. This failure to
sustain energy may account for the desire by old people to take “cat naps”.
Exercise. Everyone should exercise. Period. Sedentary or incarcerated people should purposely make exercise part of their daily routine. Aerobic exercising (walks, light work) helps the most. If you do heavy (anaerobic) workouts, which usually involves weights, workout every other day for maximum gains and benefits.
Sleep and rest. People abuse sleep and rest more than they do drugs and alcohol. At least seven hours (better with eight) of solid sleep at night provides our bodies – and minds – with enough rest and repairs. Also, a recent study shows that a lack of enough deep sleep causes fat build up in men’s bodies.
Sleep schedule. Changing your sleep schedule – going to bed or rising, even by an hour or two, will shift your daily cycle and cause you to operate at a decreased mental and physical capacity for several days – similar to “jet lag” caused by flying between time zones. Find a sleep schedule that works for you. Practice it habitually, and it will help keep you in peak form. So, do not study late into the night for your court hearing the next day.

Mental health. (Refer to the poem “Desiderata.”)
Spirituality. (Refer to the poem “Desiderata.”)

THE STRANGEST SECRET IN THE WORLD
— You will become what you think about most —
How often have you found yourself doing something that you told yourself that you didn’t want to do? Have you ever told yourself, “I must not forget her birthday,” and then you forget
about it? Ever told yourself, “I don’t want to screw up,” and then you screw up? Ever tell yourself, “I can’t afford to lose
this [whatever],” and then you lose it? You will gravitate toward whatever you think about most.
A true story (although I forget the name of the pitcher). A major league pitcher faced a tough hitter. He knew that this guy could hit low-and-outside pitches. He knew that he didn’t want to pitch low and outside. His manager even came out and reminded him to not pitch low and outside. He pitched the ball, which went low and outside, and the batter hit it out of the
park. Afterward, the pitcher furiously stormed off the mound vowing to himself to never again focus on what he didn’t want
to do!
Earl Nightingale, world-renowned self-help speaker, described the following statement as “the strangest secret in the world”:
“You will become what you think about most.”
William James, the undisputed father of American psychology, labeled this fact’s discovery as the most important finding of the last hundred years.
What do you mean by “No” ? Understand an important – yet little known and little talked about – fact about the human mind: it seems unable to understand the concept of “no” and “not.” The human mind simply does not work well on the reverse of an idea. Look at the major league pitcher in the example above. Tell a kid, “Stop screaming,” and the kid goes
on screaming. Tell a kid, “Don’t draw on the floor with your crayons,” and you’ll find him drawing but maybe on the walls.
Tell a kid, “Don’t fall out of the tree,” and that actually plants a seed in his mind to fall out of the tree. Tell yourself, “I don’t want to be broke,” or, “I don’t want to be lonely,” and, guess
what? You end up broke or lonely – or both! This helps explain why you can drive your old wreck for years without a scratch, and then the first day with your new shiny set of wheels, you end up remodeling the whole front end! Do you really expect to go into a store and tell the clerk, “I don’t want peanut butter, milk or bread,” and then go home with what you do want? You must learn to want the “donut” instead of not wanting the “hole.” In other words, two wrongs don’t
make a right. For clarity, I’ve underlined two negatives: To not want the hole does not naturally bring your subconscious to
focus on wanting the donut. You must focus on wanting the
donut.
Thoughts work like muscles. Thoughts behave exactly like muscles in that, the more you exercise them, the stronger they become; the less you exercise them, the weaker they become.
Exercising productive thoughts strengthens them. Not
exercising destructive thoughts allows them to become flabby and weak.
Practice positive thinking. Positive thinkers dwell on what
they want, and then they naturally gravitate toward their goals.
Always think about what you want. When you do, your mind will work on your goals both consciously and subconsciously,
day and night. You will dream about your goals, whether you know it or not. You will wake up with ideas and possibilities in
mind. You will find yourself in “the right place at the right time.”
You will find yourself around people more positive and helpful to your goals. You will find yourself in the library looking at the books to help you. And you will find yourself reaching those goals which you desire most.
So focus on the donut. Tell your kid, “Play more quietly,”
“Draw on this pad of paper,” or “Hang on.” And tell yourself, “I
want to save $50 a week,” or, “I want to drive carefully.”
Just as importantly, don’t just tell yourself, “I don’t want to drink,” or, “I won’t do drugs.” Instead, tell yourself, “I want to
live soberly” or “I want to live life honestly” and your mind will
go to work understanding sobriety, finding reasons why and how sobriety and honesty works, seeing why you want to live
soberly and honesty, and actually bringing yourself to live that way. Yes, do realize the destructiveness of drugs and
drinking, but you probably know that running away from one
addiction can cause you to run unconsciously and headlong
into another one. “Run” toward a definite goal.
— Want the donut —

The Strangest Secret in the World Revisited
— Your mind attracts what it thinks about —
Our thoughts work along subconscious undercurrents of
communication. These channels of communication allow us to
attract the people, the circumstances, the forces, and the
information which harmonize with the nature of our dominating
thoughts. This “secret” closely relates to the first “secret.” So,
now we know that pure luck does not account for being in the
right place at the right time, just happening to meet the right
people, as well as other kinds of so-called “coincidences.” This attraction works separately from our conscious efforts to make things happen, and so, we don’t consciously see the
connection. We end up perceiving these things as “coincidences.”
And how often have you found yourself in a situation that you said that you didn’t want to happen? Although we can attract to us those things that we want, this process works with all thoughts – including thoughts involving worry and hate. As humans, we tend to occupy our thoughts mostly with what we love most and what we fear or hate most. Thus, we can also attract to us those things which we fear or hate.

For those people who believe in some form of God, to fear means to not trust God and to discount God’s power and importance in their lives.
Successful people move themselves toward their successes; whereas, “losers” try to run away from their failures and almost never reach success. The ancient Chinese had a saying:
When you don’t know where you’re going, any road will do.”

Realize that the strangest secret in the world works both internally (within ourselves) and externally (outside of
ourselves).

DESIDERATA
Go placidly amid the noise and haste,
and remember what peace there may be in silence.
As far as possible without surrender,
be on good terms with all persons.
Speak your truth quietly and clearly;
and listen to others,
even the dull and ignorant;
they too have their story.
Avoid loud and aggressive people,
they are vexations to the spirit.
If you compare yourself with others,
you may become vain and bitter;
for always there will be greater and
lesser people than yourself.
Enjoy your achievements as well as your plans.
Keep interested in your career, however humble;
it is a real possession in the changing fortunes of time.
Exercise caution in your business affairs;
for the world is full of trickery.
But let this not blind you to what virtue there is;
many persons strive for high ideals,
and everywhere life is full of heroism.
Be yourself.
Especially, do not feign affection.
Neither be cynical about love;
for in the face of all aridity
and disenchantment,
it is as perennial as the grass.
Take kindly the counsel of the years,
gracefully surrendering the things of youth.
Nurture strength of spirit to shield you in sudden misfortunes.
But do not distress yourself with imagings.
Many fears are born of fatigue and loneliness.
Beyond a wholesome discipline,
be gentle with yourself.
You are a child of the universe,
no less than the trees and the stars,
you have a right to be here.
And whether or not it is clear to you,
no doubt the universe is unfolding as it should.
Therefore be at peace with God,
whatever you conceive him to be,
and whatever your labors and aspirations,
in the noisy confusion of life,
keep peace with your soul.
With all its sham, drudgery, and broken dreams,
it is still a beautiful world. Be cheerful.
Strive to be happy.