Defendant In civil proceedings, the party has commenced legal action; in criminal proceedings, the accused. With sufficient legal justification to perform an act. nolo contendere – No competition. Has the same effect as an admission of guilt with respect to the criminal conviction, but the plea cannot be considered an admission of guilt for other purposes. Sometimes an admission of guilt could later be used to show errors in a trial, but the nolo contendere plea requires the plaintiff in the trial to prove that the defendant committed the crime. Amounts owed to a victim of a crime to repair damage caused by the accused. Redress may be ordered as part of a penalty and is mandatory in some cases. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. A law that applies retroactively, particularly in a way that negatively affects a person`s rights, such as criminalizing an act that was lawful at the time it was committed. The explanations in this guide are not intended to be direct alternatives. While we hope that the statements will prompt lawyers to ensure that they only use legalese when absolutely necessary, our wording is there to explain ideas and concepts rather than giving strict legal definitions. Legal question A contested point of law subject to a court decision. Informed consent Consent after full disclosure of constitutional and other legal rights that affect whether consent is given.
a posteriori retrospectively; A law that is enacted after the performance of an act and that makes it retroactively illegal. Such laws are prohibited by the U.S. Constitution. Written statement from a judge on the court`s decision. Since a case may be heard by three or more judges of the Court of Appeal, opinion may take various forms in appeal decisions. If all the judges agree fully on the outcome, one judge writes the opinion for all. If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may formulate separate dissenting or concurring opinions to express their views.
A dissenting opinion disagrees with the majority opinion because of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion agrees with the majority opinion`s decision, but offers further comments or clarifications, or even a completely different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also previous. Refers to the reduction of a maximum of 54 days per year that an accused can earn for good behavior in prison. The Bureau of Prisons issues the loan, which applies to sentences of more than 12 months. Also known as “good conduct” credit. A financial AHR can be used once it has been registered by the Office of the Public Guardian.
But a health and wellness LPA can only be used when the person can no longer mind their own business. A custodial sentence that includes supervised release with a condition of community detention or house arrest in lieu of part of the minimum policy (§ 5C1.1(c)(2), (d)(2)). Shared rates are sentencing options in zones B and C of the sanctions table. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. The guidelines provide for the following types of sanctions in Zone A of the criminal table: only a fine, a suspended sentence (with or without community detention or house arrest) and imprisonment. The sale of a debtor`s assets with the proceeds used for the benefit of creditors. Incapacity for work Lack of sufficient legal, physical or intellectual strength to perform an act. With prejudice A term used in orders of judgment indicating that a claim or claim has been irrevocably dismissed and that the only remedy available thereafter is an appeal. The wording of the act is changing. Many lawyers now adopt a simple English style.
But there are still legal phrases that baffle non-lawyers. This guide is intended to help in two ways: impose consecutive penalties for multiple charges. An oral statement before an official legally authorized to take an oath. Such statements are often made to hear potential witnesses, to make a discovery, or to be used later in the trial. See Discovery. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. Statement used in criminal and civil proceedings to secure the release of a detained person by examining the constitutionality of detention. Discovery Various pre-trial procedures, including testimony, hearings and surrender requests, in which parties receive evidence that can be used at trial. This part of the manual contains some legislation relevant to sentencing, such as: factors to be considered when imposing a sanction and reviewing sanctions on appeal.
The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and may be more accessible by selecting a letter here: EEGs have also been shown to be effective in diagnosing intracranial infection, and some surgical procedures use EEG to monitor blood flow to the brain. A penalty or other type of enforcement used to ensure compliance with the law or rules and regulations. The release of a person accused of a crime before trial under certain conditions to ensure that the person appears in court if necessary. May also refer to the amount of bail recorded as a financial condition for pre-trial release. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases.
Indictment – A procedure whereby a person accused of committing a crime is brought to trial, informed of the charges against him, and asked to plead guilty or not guilty. The rule of law, which stems from the 6th Amendment to the U.S. Constitution or state constitutions that require that a person accused of a crime be released if law enforcement authorities fail to bring them to justice within specific time frames. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” reverse – When an appellate court overturns a lower court`s decision due to an error. Overthrow is often followed by pre-trial detention. For example, if the defendant has argued on appeal that certain evidence should not have been used at trial and the Court of Appeal agrees, the case is withdrawn so that the trial court can reconsider the case without that evidence. This section of the Guide contains a list of federal statutes, each of which refers to a Chapter Two policy (or several Chapter Two policies to choose from) that should be used to begin determining the scope of the policy. Table containing progressive increases in a defendant`s sentence that take into account the financial loss caused by the defendant`s crime. See §2B1.1(b)(1). Summary Judgment – A decision made on the basis of statements and evidence presented without trial.
It is used when the facts are not disputed and a party is entitled to a judgment under the law.
