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Legal Definitions
The legal process uses highly specialized language and terms. Ask about their definitions in this category.
1,424 Questions
What is the Difference between private trust and public trust?
In the sense of ownership of real property in fee: Public property is state, federal or community owned property that is not restricted to any one individual's use or possession. Think of parks, schools, athletic fields, bike paths, playgrounds, city squares, public libraries & museums, municipal parking garages, courthouses, city halls, etc. Private property is protected from public appropriation. The owner has exclusive control and absolute rights in the property. They may convey it or leave it to their heirs. Private property is all property that is not public and can be owned by trusts, individuals, corporations, railroads, private hospitals, churches, non-profit corporations, etc. In another sense: Property used by the public although privately owned is subject to regulations and laws promulgated to protect public health. This category includes restaurants, stores, indoor athletic facilities, convenience stores, shopping malls, gas stations, private nursing homes, hotels, etc. Smoking bans are a good example of the government's control over private property that is used by the public.
One who seek the justice.
Another View: The plaintiff is the person who initiates a court action by filing a complaint with the clerk of the court against a defendant and demanding damages, performance, and/or a court determination of their rights.
A plaintiff is sometimes called a petitioner.
THey are the party who initiates the court action.
Res gestae (a Latin phrase meaning "things done") is an exception to the rule against Hearsay evidence. Res gestae is based on the belief that because certain statements are made naturally, spontaneously and without deliberation during the course of an event, they leave little room for misunderstanding/misinterpretation upon hearing by someone else (i.e. by the witness who will later repeat the statement to the court) and thus the courts believe that such statements carry a high degree of credibility. Statements which can be admitted into evidence as Res gestae fall into three headings: # Words or phrases which either form part of, or explain, a physical act, # Exclamations which are so spontaneous as to belie concoction, and # Statements which are evidence as to someone's state of mind. (In some jurisdictions the Res gestae exception has also been used to admit police sketches.) The following scenario is an example of types one and two: Imagine then a young woman standing on the side of a main road (the witness). She sees some commotion across the street. On the opposite side of the road to her she sees an old man shout 'The bank is being robbed!' as a young man runs out of a building and away down the street. The old man is never found (so can't appear in court and repeat what he said) but the woman repeats what she heard him say. Such a statement would be considered trustworthy for the purpose of admission as evidence because the statement was made concurrently with the event and there is little chance that the witness repeating the hearsay could have misunderstood its meaning or the speaker's intentions. Res gestae is also used to refer to those facts or things done which form the basis or gravamen for a legal action.
What is the legal definition of 15 days?
It means fifteen calender days, unless 15 'working' days are specified. Working days are usually interpreted to mean Monday thru Friday, excluding Saturdays, Sundays, and national holidays.
Definition of Police Intelligence?
Many people see the phrase as an oxymoron. In Police Forces the term is used to describe the gathering of data on criminals, their activities, locations, plans and such to more easily prevent crime and improve the odds of capturing the criminals that commit them.
The type of jury that hears a criminal case in a trial setting is?
A "grand jury" might be utilized to hand down an indictment in a criminal case. The subsequent trial would be held in 'criminal court' and tried by a 'petit jury.'
What is the legal definition of the word jurisdiction?
What is Jurisdiction?
Jurisdiction means the power, right and authority to interpret and apply law.
There are various types of jurisdiction, but the broadest categories are appellate jurisdiction (the right to hear a case on appeal from another court) and original jurisdiction, (the right to hear the case as the original trial court).
Both are related to subject-matter jurisdiction which determines the type of case (subject) a court may hear and personal jurisdiction, the determines the entities whose cases the court may judge, as opposed to territorial jurisdiction, which covers the physical area over which the court has authority.
The US Supreme Court has territorial jurisdiction over the entire United States and its holdings.
Which came first the law or the law giver?
That would depend on whether or not you believe man was created by God, or man created the idea of God. If it's the former, then religious law came first. If it's the latter, man's law came first.
Is a home personal or real property?
It depends on what you mean by home. If your home is a transportable mobile home installed on a rented lot your home may still be personal property. If you are referring to your private residence that is built on your land then your home is considered real property. Real property is land, any rights that inure to it and anything permanently attached to it.
What does bail and punishment mean?
Bail and Punishment is the eighth amendment to the United States Constitution. In short, the amendment limits the government's power to impose excessive bail fees, as well as limiting the ability to impose unfair or cruel punishments.
Due West means " in a westerly direction " I think it means a location/course that is exactly 270 degrees, West, on a compass.
What does the abbreviation DRO mean in legal terms?
Domestic Relations Order.
Most commonly, this is used to refer to a Qualified Domestic Relations Order, or QDRO. This is the Order that a court uses to divide certain assets, such as pensions or 401(k)s into two accounts to avoid tax consequences of early withdrawal.
What is the difference between a minor and a juvenile?
A minor is an individual who (by virtue of being under a certain age) is unable to make his own legal decisions. An adult is an individual eligible for such legal rights. Minors are generally under adult guardianship, and there are laws that restrict adult interaction with minors.
A legal brief is a document that outlines the reasons for a case to be brought to court. It is often submitted with a legal memorandum or a memorandum of law.
What are the different types of divorce?
As of 2019, there are several different terms used to describe divorce. These "types" are legal distinctions that describe the processes of getting a divorce and methods of dividing up a couple's assets, but they ultimately have the same result—in the eyes of the law, a divorce is a divorce
Remember, if you're considering any type of divorce, you should speak with a qualified attorney as soon as possible. This answer is not intended to be legal advice.
Nonetheless, here are the different types of divorce:
Fault Divorce - This occurs when one of the spouses requests the divorce on the grounds that the other party is at fault; they've committed some type of demonstrable act that has done irreparable damage to the marriage. The typical grounds for fault divorces include cruelty, desertion, adultery, and confinement in prison for a set number of years.
Other grounds may be available for a fault divorce, depending on the state (marriage and divorce law is mostly handled at the state level, so if you're considering any type of divorce whatsoever, contact a qualified attorney to discuss your options).
Generally, in a fault divorce, the spouse who is at fault will receive a smaller share of the marital assets and alimony, although this isn't always the case. Some states do not allow fault divorces.
No-Fault Divorce - In a no-fault divorce, the person filing for divorce has no obligation to prove that their spouse did something wrong. The person needs to state a reason for divorce, but that reason can be as simple as "irreconcilable differences" or "incompatibility." Basically, if you can't get along with your spouse, you're eligible for a no-fault divorce in most states, and you don't need to provide evidence to get the divorce granted.
Every state offers no-fault divorces. In some states, spouses must live apart for a set period (usually several months) before they're granted a no-fault divorce; to avoid this waiting period, some people might elect to pursue a fault divorce.
Contested/Uncontested Divorce - A contested divorce occurs when the parties cannot agree on either the terms of the divorce or the divorce itself. A court must rule on the contested issues.
In an uncontested divorce, the court doesn't get involved (except to validate and record the divorce). The spouses agree on things like assets, alimony, child support, and debt allocation. By avoiding court, the parties involved generally save money on legal fees, and they're able to get their divorce fairly quickly.
So, how do couples come to these types of agreements?
Collaborative Divorce - In a collaborative divorce, both parties work through an established process through the International Academy of Collaborative Professionals. Each person has legal representation to help them understand the issues involved and to help them come to agreements on issues that would otherwise cause a contested divorce. The parties also meet with experts, like financial professionals and child specialists, to make sure the people divorcing are fully informed. Everyone involved, including the attorneys, promise not to go to court, ensuring that the sole focus is on coming to an agreement.
In other words, the parties disagree on some terms, but agree to go through a process to come to an agreement. The goal of collaborative divorce is to get an uncontested divorce that won't go to court (thereby avoiding significant expenses).
Mediated Divorce - Mediated divorce is similar to collaborative divorce, as it's a process for getting an agreement and avoiding court. One main difference is that while the collaborative process necessitates specially trained attorneys, mediation sessions typically only involve the divorcing couple and the mediator—no lawyers.
Mediation usually happens in a conference room, and the mediator first works to establish a dialogue and find common ground between the parties. Each party speaks with the mediator directly, and the mediator is responsible for communicating information and moving the divorce toward a resolution. This is in contrast to a collaborative divorce, where both parties' legal teams work directly with one another.
To a layman, the differences between a mediated divorce and a collaborative divorce seem minor, but the processes are entirely different. Again, if you're considering either option, speak with a family law attorney who has relevant experience in your state.
Arbitrated Divorce - When the parties in a divorce reach a total impasse, they may bring their case before an arbitrator. The arbitrator will listen to arguments from both parties and render a decision. Both parties abide by the arbitrator's decision, whether or not they personally agree with it.
In a sense, the arbitrator acts as a private court—the arbitrator’s decisions are binding. Unlike in a court case, neither party can appeal. Arbitration can help to prevent a divorce from going to court, and it can save time and money.
Summary Divorce - Some states offer summary divorces, which are a somewhat simplified version of a traditional divorce. These are designed for couples who were married for a short time and have limited shared assets. In most states, summary divorces are available if:
- The marriage lasted for less than five years
- The couple does not own real estate together
- Each person gives up their right to alimony
- The couple does not have children, or have come to an agreement regarding custody and child support
- The couple does not have a large amount of shared debt
The exact requirements of a summary divorce vary from state to state.
Those are the different types of divorce—or at least the legal distinctions that separate one divorce from another. Some websites also describe "same-sex divorce" as a separate type. However, on June 26, 2015, the United States Supreme Court struck down state bans on same-sex marriage, so today, there's no need to make that distinction.
How long does a misdemenor warrant last?
As long as it takes for a person to be pulled over or self surrender. There are no expiration dates on warrants of any degree...
What does the word mandamus mean?
order of a court commanding a lower court,board, or a person to comply with a duly ordered law.
What is a non-custodial arrest?
It means you were served a notice to appear in court. The person who recieves this notice could have been taken to jail at the time of the ciatation. The charges are viewed no different than if he would have been arrested.
What is murder in the second degree?
Second degree murder is the unplanned, intentional killing of someone.
So, if two individuals started a dispute with each other, and individual 1 immediately shot individual 2 (out of anger from the dispute), the murder was not planned, so it constitutes second degree murder.
If the same situation applies, but instead of shooting individual 2 during the argument, individual 1 went home, grabbed his gun, and went to individual 2's house to shoot him. The prosecution can prove premeditation (the planning), so the charged would constitute first degree murder.
What does hearing mean in law in a simple term?
A hearing in a court of law is a proceeding in which a court hears and determines what happens in civil or criminal lawsuit. There are many types of court hearing like status hearing, motion hearing, preliminary hearing, trial hearing, etc. and are mostly relevant to a given case. The scope and type of court hearings within a given court of jurisdiction will vary but in all court hearings, a common factor is establishing a specific date, time, and location for the hearing to take place.
What are the seven crimes against property?
Larceny - auto theft - embezzlement - etc. The list could go on endlessly. Crimes against property are exactly THAT, crimes against PROPERTY.
This is different from Crimes Against Persons. Crimes against persons are ones in which individual(s) are victims and are put in PERSONAL PERIL. Such crimes could include, Robbery - rape - assault - domestic violence - etc.- etc.
It means that if you're accused of murder and you go to trial and are found not guilty, the case is closed. That's that. No matter how much new evidence is found, you can't be convicted of that same crime. And in the game show, the categories are worth double the points, yes.
What does pleaded guilty mean?
If you have been arrested by the police because they think you have committed a crime, the next thing that happens is that you are brought to court for trial.
When you come into court the charges against you are read out and you are given the opportunity to say that either you did not do the things you are accused of (a plea of not guilty) or that you agree that you did what you are accused of (a plea of guilty).
If you plead guilty then there is no trial and the court will decide the punishment you deserve immediately.
If you plead not guilt, a trial will be held and a jury will be appointed to hear both sides of the argument and decide if they think you are or are not guilty. If they decide you are guilty you will be punished.
The definition of beliefs in sociology is the sharing of knowledge ,ideas and common ideas in a group of people.
