The following pages contain legal terminology you will need to be familiar with. 
These pages contain words particular to our cases as foster parents.

Legal Terminology
Rev: Sept. 2007

abstract n. in general, a summary of a record or document, such as an abstract of judgment or abstract of title to real property.

accusation n. 1) in legal terms accusation means officially charging someone with a crime either by indictment by a grand jury or filing charges by a District Attorney. 2) in lay terms any claim of wrongdoing by another person.

ad litem adj. legal Latin meaning “for the purposes of the legal action only.” Most often the term applies to a parent who files a lawsuit for his or her minor child as “guardian at litem”

administrative law judge n. a professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies.

admission n. a statement made by a party to a lawsuit or a criminal defendant, usually prior to trial, that certain facts are true. An admission is not to be confused with a confession of blame or guilt, but admits only some facts.

admission against interest n. an admission of the truth of a fact by any person, but especially by the parties to a lawsuit, when a statement obviously would do that person harm, be embarrassing, or be against his/her personal or business interests. A third party can quote in court an admission against interest even though it is only hearsay. (See: hearsay, admission)

adopt v. 1) to take on the relationship of parent to child of another person, particularly (but not necessarily) a minor, by official legal action.

adoption n. the taking of a child into one’s family, creating a parent to child relationship, and giving him or her all the rights and privileges of one’s own child, including the right to inherit as if the child were the adopter’s natural child. The adoption procedure varies depending on whether the child comes through an agency which handles adoptions or comes from a stranger or a relative, and on the age of the child and the adoptive parent or parents.

affirmative defense n. when a defendant files an answer, in addition to denying some or all of the allegations, he/she can state what are called “affirmative defenses.” These defenses can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defenses based on legal principles

allegation n. a statement of claimed fact contained in a complaint (a written pleading filed to begin a lawsuit), a criminal charge, or an affirmative defense (part of the written answer to a complaint). Until each statement is proved it is only an allegation. Some allegations are made “on information and belief” if the person making the statement is not sure of a fact. (See: complaint)

answer n. in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. An answer generally responds to each allegation in the complaint by denying or admitting it, or admitting in part and denying in part.

  approach the bench v. an attorney’s movement from the counsel table to the front of the bench (the large desk at which the judge sits) in order to speak to the judge off the record and/or out of earshot of the jury. Since the bench area is the sacred territory of the judge the attorney must ask permission as “may I approach the bench,” or simply, “may I approach.”

attorney n. 1) an agent or someone authorized to act for another. 2) a person who has been qualified by a state or Federal court to provide legal services, including appearing in court. Each state has a bar examination which is a qualifying test to practice law.

Attorney General n. in each state and the Federal government the highest ranking legal officer of the government. The Federal Attorney General is chief of the Department of Justice appointed by the President with confirmation required by the Senate, and a member of the Cabinet. He or she is in charge of Federal prosecutions (including overseeing the numerous regional United States Attorneys), and numerous cases and matters in which the Federal government has a legal interest, particularly when the Federal government is a party or Federal regulations are at issue

appeal 1) v. to ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling.

arraignment n. the hearing in which a person charged with a crime is arraigned in his or her first appearance before a judge. This is the first appearance of a criminal defendant (unless continued from earlier time) in which all the preliminaries are taken care of.

bail 1) n. the money or bond put up to secure the release of a person who has been charged with a crime.

bail bond n. a bond provided by an insurance company through a bail bondsman acting as agent for the company, to secure the release from jail of an accused defendant pending trial. Usually there is a charge of 10 percent of the amount of the bond .

bail bondsman n. a professional agent for an insurance company who specializes in providing bail bonds for people charged with crimes and awaiting trial in order to have them released. bench n. 1) general term for all judges, as in “the bench,”

Bill of Rights n. The first 10 Amendments to the Federal Constitution demanded by several states in return for ratifying the constitution. Since the failure to protect these rights was a glaring omission in the Constitution as adopted in convention in 1787. Adopted and ratified in 1791, the Bill of Rights are:

First: Prohibits laws establishing a religion (separation of church and state), and bans laws which would restrict freedom of religion, speech, press (now interpreted as covering all media), right to peaceably assemble and petition the government.

Second: A “well regulated Militia,” being necessary to the security of a free state, the right of the people keep and bear Arms, shall not be infringed.” This is often claimed as giving the unfettered right of individuals to own guns, but is actually limited to the right of “the” people to bear arms as militiamen.

Third: No quartering of soldiers in private homes without the owner’s consent.

Fourth: No unreasonable search and seizures, no warrants without probable cause, and such warrants must be upon “oath or affirmation” and describe the place to be searched or the person or things to be taken.

Fifth: Prohibits criminal charges for death penalty (“capital punishment”) or any other “infamous” crime (felony) without indictment by a Grand Jury except under martial law in the time of war or “public danger”; no person may be tried twice for the same offense; no one may be compelled to be a witness against himself (“taking the Fifth”), no one can be deprived of life, liberty or property without “due process of law”; no taking of property for public use (eminent domain) without just compensation. These rights have become applicable to states through the 14^th Amendment as well as state constitutions.

Sixth: Rights of criminal defendants to a speedy and public trial, impartial local jury, information on the nature and cause of accusation, confront witnesses against him, right to subpoena witnesses, and have counsel.

Seventh: Juries may be demanded in civil cases (over $20) and the jury shall be trier of the fact in such cases as required by Common Law.

Eighth: No excessive bail, excessive fines or “cruel and unusual punishment.” Note that denial of bail in murder cases or when the accused may flee is not “excessive,” and capital punishment (like the gas chamber) may be cruel but not necessarily unusual.

Ninth: Stating these rights shall not be construed to deny that other rights are retained by the people.

Tenth: Powers given to the United States (central government) and not prohibited to the states are reserved to the states or to the people.

capital offense n. any criminal charge which is punishable by the death penalty, called “capital” since the defendant could lose his/her head (Latin for caput).

capital punishment n. execution (death) for a capital offense.

caption n. the first section of any written legal pleading (papers) to be filed, which contains the name, address, telephone number of the attorney, the person or persons the attorney represents, the court name, the title of the case, the number of the case, and the title of the documents (complaint, accusation, answer, motion, etc.). Each jurisdiction has its own rules as to the exact format of the caption. [note: there should be a sample]

chancery n. a court that can order acts performed.

charge n. 1) in a criminal case, the specific statement of what crime the party is accused (charged with) contained in the indictment or criminal complaint.

circumstantial evidence n. evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact. There is a public perception that such evidence is weak (“all they have is circumstantial evidence”), but the probable conclusion from the circumstances may be so strong that there can be little doubt as to a vital fact (“beyond a reasonable doubt” in a criminal case, and “a preponderance of the evidence” in a civil.

complaint n. the first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another. The party filing the complaint is usually called the plaintiff and the party against whom the complaint is filed is called the defendant or defendants.

compound question n. When more than one question is combined in what seems to be a single question asked of a witness during a trial or deposition. A compound question can be objected to by opposing counsel since it is confusing to the witness, who is entitled to answer each question separately. If the objection is sustained the question must be withdrawn and asked in a series of separate questions. (See: objection)

concurrent sentence n. when a criminal defendant is convicted of two or more crimes, a judge sentences him/her to a certain period of time for each crime.

confess v. in criminal law, to voluntarily state that one is guilty of a criminal offense. This admission may be made to a law enforcement officer or in court either prior to or upon arrest, or after the person is charged with a specific crime.

confession n. the statement of one charged with a crime that he/she committed the crime. Such an admission is generally put in writing (by the confessor, law enforcement officers or their stenographer) and then read and signed by the defendant.

conflict of interest n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties.

counsel 1) n. a lawyer, attorney, attorney-at-law, counselor, counselor-at-law, solicitor, barrister, advocate or proctor (a lawyer in admiralty court), licensed to practice law. In the United States they all mean the same thing.

court n. any official tribunal (court) presided over by a judge or judges in which legal issues and claims are heard and determined. In the United States there are essentially two systems: Federal courts and state courts.

death penalty n. the sentence of execution for murder and some other capital crimes. (See:  capital punishment)

defamation (of character) n. the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander.

defense n. 1) a general term for the effort of an attorney representing a defendant during trial and in pre-trial maneuvers to defeat the party suing or the prosecution in a criminal case.

demurrer n. (dee-muhr-ur) a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit.

demonstrative evidence n. actual objects, pictures, models and other devices which are supposedly intended to clarify the facts for the judge and jury: how an accident occurred, actual damages, medical problems, or methods used in committing an alleged crime.

depose v. 1) to ask questions of a witness or a party to a lawsuit at a deposition (testimony outside of the courtroom before trial

deposition n. the taking and recording of testimony of a witness under oath before a court reporter, in a place away from the courtroom before trial.

discovery n. the entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, examination of the scene, and the petitions and motions employed to enforce discovery rights.

disposition n. the court’s final determination of a lawsuit or criminal charge.

district attorney (D.A.) n. an elected official of a county or a designated district with the responsibility for prosecuting crimes. The duties include managing the prosecutor’s office, investigating alleged crimes in cooperation with law enforcement, and filing criminal charges or bringing evidence before the Grand Jury that may lead to an indictment for a crime.

due process of law n. a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result.

enjoin v. for a court to order that someone either do a specific act, cease a course of conduct, or be prohibited from committing a certain act. To obtain such an order, called an injunction, a private party or public agency has to file a petition for a writ of injunction, serve it on the party he/she/it hopes to be enjoined, allowing time for a written response.

equitable adj. 1) just, based on fairness and not legal technicalities. 2) refers to positive remedies (orders to do something, not money damages) employed by the courts to solve disputes or give relief. (See: equity)

evidence n. every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case.

Failure to Protect  failure to mean to fail to perform, the inability to perform a normal function adequately.   Lack of success.

Failure to thrive  failure to mean to fail to perform, thrive meaning a child that does not develop normally to someone expectations. 

felony n. 1) a crime sufficiently serious to be punishable by death or a term in state or federal prison, as distinguished from a misdemeanor which is only punishable by confinement to county or local jail and/or a fine.

foster child n. a child without parental support and protection, placed with a person or family to be cared for, usually by local welfare services or by court order. The foster parent(s) do not have custody, nor is there an adoption, but they are expected to treat the foster child as they would their own in regard to food, housing, clothing and education. Most foster parents are paid by the local government or a state agency.

fruit of the poisonous tree n. in criminal law, the doctrine that evidence discovered due to information found through illegal search or other unconstitutional means (such as a forced confession), may not be introduced by a prosecutor.

general denial n. a statement in an answer to a lawsuit or claim by a defendant in a lawsuit, in which the defendant denies everything alleged in the complaint without specifically denying any allegation. It reads: “Defendant denies each and every allegation contained in the complaint on file herein,” or similar inclusive language. (See: complaint, answer)

grand jury n. a jury in each county or federal court district which serves for a term of a year and is usually selected from a list of nominees offered by the judges in the county or district.

guardian ad litem n. a person appointed by the court only to take legal action on behalf of a minor or an adult not able to handle his/her own affairs. Duties may include filing a lawsuit for an injured child, defending a lawsuit, or filing a claim against an estate. Usually a parent will file a petition to be appointed the guardian ad litem of a child hurt in an accident at the same time the lawsuit is filed. (See:  ad litem)

hearsay n. 1) second-hand evidence in which the witness is not telling what he/she knows personally, but what others have said to him/her.

hearsay rule n. the basic rule that testimony or documents which quote persons not in court are not admissible. Because the person who supposedly knew the facts is not in court to state his/her exact words, the trier of fact cannot judge the demeanor and credibility of the alleged first-hand witness, and the other party’s lawyer cannot cross-examine (ask questions of) him or her. the person is not available---most often applied if the declarant is dead (“my back hurts horribly,” and then dies); o) a statement about one’s own will when the person is not available; p) other exceptions based on a judge’s discretion that the hearsay testimony in the circumstances must be reliable. (See: hearsay, admission against interest, dying declaration)

immaterial adj. a commonly heard objection to introducing evidence in a trial on the ground that it had nothing substantial to do with the case or any issue in the case.

incompetent adj. 1) referring to a person who is not able to manage his/her affairs due to mental deficiency (lack of I.Q., deterioration, illness or psychosis) or sometimes physical disability. Being incompetent can be the basis for appointment of a guardian or conservator (after a hearing in which the party who may be found to be incompetent has been interviewed by a court investigator and is present and/or represented by an attorney) to handle his/her person and/or affairs (often called “estate”).

indeterminate sentence n. the prison term imposed after conviction for a crime which does not state a specific period of time or release date, but just a range of time, such as “five-to-ten years”.

indictment n. a charge of a felony (serious crime) voted by a grand jury based upon a proposed charge, witnesses’ testimony and other evidence presented by the public prosecutor (District Attorney).

indictable offense n. a crime (offense) for which a grand jury rules that there is enough evidence to charge defendant with a felony (a crime punishable by death or a term in the state penitentiary). These crimes include murder, manslaughter, rape,  kidnapping, grand theft, robbery, burglary, arson, conspiracy, fraud, and other major crimes, as well as attempts to commit them. (See:  indictment)

in forma pauperis (in form-ah paw-purr-iss) adj. or adj. Latin for “in the form of a pauper,” referring to a party to a lawsuit who gets filing fees waived by filing a declaration of lack of funds (has no money to pay). These declarations are most often found in divorces by young marrieds, or poor defendants who have been sued.

information n. an accusation or criminal charge brought by the public prosecutor (District Attorney) without a grand jury indictment. This “information” must state the alleged crimes in writing and must be delivered to the defendant at the first court appearance (arraignment).

injunction n. a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing.

injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction.

interrogation n. (also please see interrogation below under Dictionary and Encyclopedic Terms) questioning of a suspect or witness by law enforcement authorities. Once a person being questioned is arrested (is a “prime” suspect) he/she is entitled to be informed of his/her legal rights, and in no case may the interrogation violate rules of due process. (See: Miranda Warning)

interrogatories n. as part of the pre-trial discovery process, either party to a lawsuit may send a set of written questions to the other party. These questions (interrogatories) must be answered in writing under oath or under penalty of perjury within a specified time (such as 30 days).

judge 1) n. an official with the authority and responsibility to preside in a court, try lawsuits, and make legal rulings. Judges are almost always attorneys.

jurist n. although it means any attorney or legal scholar, jurist popularly refers to a judge.

justice n. 1) fairness. 2) moral rightness. 3) a scheme or system of law in which every person receives his/her/its due from the system, including all rights, both natural and legal.

justice of the peace (J.P.) n. a judge who handles minor legal matters such as misdemeanors, small claims actions, and traffic matters in “justice courts.”

laches n. the legal doctrine that a legal right or claim will not be enforced or allowed if a long delay in asserting the right or claim has prejudiced the adverse party (hurt the opponent) as a sort of “legal ambush.”

libel 1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others

libel per se n. broadcast or written publication of a false statement about another which accuses him/her of a crime, immoral acts, inability to perform his/her profession, having a loathsome disease (like syphilis), or dishonesty in business. Such claims are considered so obviously harmful that malice need not be proved to obtain a judgment for “general damages,” and not just specific losses. (See: defamation, libel, slander)

license n. 1) governmental permission to perform a particular act (like getting married), conduct a particular business or occupation, operate machinery or vehicle after proving ability to do so safely, or use property for a certain purpose. 2) the certificate that proves one has been granted authority to do something under governmental license

licensee n. a person given a license by government or under private agreement. (See: license, licensor)

licensor n. a person who gives another a license, particularly a private party doing so, such as a business giving someone a license to sell its product. (See: license, licensee)

magistrate n. 1) a generic term for any judge of a court, or anyone officially performing a judge’s functions.

malice n. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred, or total disregard for the other’s well-being. Often the mean nature of the act itself implies malice, without the party saying “I did it because I was mad at him, and I hated him,” which would be express malice. Malice is an element in first degree murder. In a lawsuit for defamation (libel and slander) the existence of malice may increase the judgment to include general damages. Proof of malice is absolutely necessary for a “public figure” to win a lawsuit for defamation. (See:  malice aforethought, malicious prosecution, murder, defamation, libel, slander, public figure)

malice aforethought n. 1) the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder. 2) a general evil and depraved state of mind in which the person is unconcerned for the lives of others. Thus, if a person uses a gun to hold up a bank and an innocent bystander is killed in a shoot-out with police, there is malice aforethought.

malicious prosecution n. filing a lawsuit with the intention of creating problems for the defendant such as costs, attorneys fees, anguish, or distraction when there is no substantial basis for the suit. If the defendant in the lawsuit wins, and has evidence that the suit was filed out of spite and without any legal or factual foundation, he/she may, in turn, sue for damages against the person who filed the original action. If malice is clearly proved against the party who brought the original suit, punitive damages may be awarded along with special and general damages. In recent cases, courts have ruled that an attorney who knowingly assists a client in filing a worthless lawsuit out of malice or spite may be liable for damages along with the client. The suit by the victim to recover damages for a malicious prosecution cannot be filed until the original law suit is decided in favor of the victim. (See:  malice)

Miranda warning( Miranda rule, Miranda rights) n. the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: “the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against” him/her. Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of them and knowingly waived those rights, before the confession can be introduced in the defendant’s criminal trial. The warnings are known as “Miranda Rights” or just “rights.” The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U. S. Constitution. Sometimes there is a question of admissibility of answers to questions made by the defendant before he/she was considered a prime suspect, raising a factual issue as to what is a prime suspect and when does a person become such a suspect? (See: rights)

misdemeanor n. a lesser crime punishable by a fine and/or county jail time for up to one year. Misdemeanors are distinguished from felonies which can be punished by a state prison term. They are tried in the lowest local court such as municipal, police or justice courts. Typical misdemeanors include: petty theft, disturbing the peace, simple assault and battery, drunk driving without injury to others, drunkenness in public, various traffic violations, public nuisances, and some crimes which can be charged either as a felony or misdemeanor depending on the circumstances and the discretion of the District Attorney. “High crimes and misdemeanors” referred to in the U. S. Constitution are felonies. (See: felony)

molestation n. the crime of sexual acts with children up to the age of 18, including touching of private parts, exposure of genitalia, taking of pornographic pictures, rape, inducement of sexual acts with the molester or with other children, and variations of these acts by pedophiles. Molestation also applies to incest by a relative with a minor family member, and any unwanted sexual acts with adults short of rape. (See:  pedophilia, rape)

murder n. the killing of a human being by a sane person, with intent, malice aforethought (prior intention to kill the particular victim or anyone who gets in the way), and with no legal excuse or authority.

neglect   taken from Websters dictionary.  Disregard, to leave unattended to ignore, careless ness of needs.

O.R. n. short for “own recognizance,” meaning the judge allowed a person accused in a criminal case to go free pending trial without posting bail. A person so released is often referred to as having been “OR-ed.” (See: own recognizance)

oath n. 1) a swearing to tell the truth, the whole truth and nothing but the truth, which would subject the oath-taker to a prosecution for the crime of perjury if he/she knowingly lies in a statement either orally in a trial or deposition or in writing.

object 1) v. to ask the court not to allow a particular question asked of a witness by the opposing lawyer on the basis that it is either legally not permitted or in its wording is confusing or improper in its “form.”

objection a lawyer’s protest about the legal propriety of a question which has been asked of a witness by the opposing attorney, with the purpose of making the trial judge decide if the question can be asked.

obscene adj., adv. a highly subjective reference to material or acts which display or describe sexual activity in an obviously disgusting manner, appealing only to “prurient interest,” with no legitimate artistic, literary or scientific purpose. Pictures, writings, film or public acts which are found to be obscene are not protected by the free speech guarantee of the First Amendment. However, “one person’s obscenity is another person’s art,” or “I can’t define it, but I know it when I see it.” (See: pornography)

own recognizance (O.R.) n. the basis for a judge allowing a person accused of a crime to be free while awaiting trial, without posting bail, on the defendant’s own promise to appear and his/her reputation. The judge may consider the seriousness of the crime charged, the likelihood the defendant will always appear, the length of time the person has lived in the area, his/her reputation in the community, his/her employment, financial burdens, and the demeanor of the accused. In minor crimes, traffic offenses, and technical law violations such as leaky septic systems, judges routinely grant release on one’s own recognizance. (See: O.R., bail)

pedophilia n. an obsession with children as sex objects. Overt acts, including taking sexual explicit photographs, molesting children, and exposing one’s genitalia to children are all crimes. The problem with these crimes is that pedophilia is also treated as a mental illness, and the pedophile is often released only to repeat the crimes or escalate the activity to the level of murder. (See:  molestation, rape, pornography)

permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. A permanent injunction is distinguished from a “preliminary” injunction which the court issues pending the outcome of a lawsuit or petition asking for the “permanent” injunction. (See: injunction, preliminary injunction, temporary injunction)

per se (purr say) adj. Latin for “by itself,” meaning inherently. Thus, a published writing which falsely accuses another of having a venereal disease or being a convicted felon is “libel per se,” without further explanation of the meaning of the statement. (See: libel per se)

pleading n. 1) every legal document filed in a lawsuit, petition, motion and/or hearing, including complaint, petition, answer, demurrer, motion, declaration, and memorandum of points and authorities (written argument citing precedents and statutes).

pornography n. pictures and/or writings of sexual activity intended solely to excite lascivious feelings, of a particularly blatant and aberrational kind such as acts involving children, animals, orgies, and all types of sexual intercourse.

preliminary hearing n. in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable be a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime charged.

probable cause n. sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime.

prosecute v. 1) in criminal law, to charge a person with a crime and thereafter pursue the case through trial on behalf of the government. This is normally the function of the District Attorney (called States Attorney or city prosecutor in some places) and the United States Attorney in federal criminal cases. A state Attorney General may prosecute in crimes of statewide importance, and the United States Attorney General, through the Solicitor General, may prosecute for crimes involving matters of national significance. 2) to conduct any legal action by a lawyer on behalf of a client, including both civil and criminal cases, but most commonly referring to prosecution for crimes. (See: prosecution, prosecutor, District Attorney, Attorney General)

prosecutor n. generic term for the government’s attorney in a criminal case, including District Attorney, States Attorney, United States Attorney, Attorney General, Solicitor General, or special prosecutor.

prosecution n. 1) in criminal law, the government attorney charging and trying the case against a person accused of a crime.

public defender n. an elected or appointed public official (usually of a county), who is an attorney regularly assigned by the courts to defend people accused of crimes who cannot afford a private attorney.

public figure n. in the law of defamation (libel and slander), a personage of great public interest or familiarity like a government official, politician, celebrity, business leader, movie star, or sports hero. Incorrect harmful statements published about a public figure cannot be the basis of a lawsuit for defamation unless there is proof that the writer or publisher intentionally defamed the person with malice (hate). (See: defamation, libel, slander)

rape 1) n. the crime of sexual intercourse (with actual penetration of a woman’s vagina with the man’s penis) without consent and accomplished through force, threat of violence or intimidation (such as a threat to harm a woman’s child, husband or boyfriend). What constitutes lack of consent usually includes saying “no” or being too drunk or drug-influenced for the woman to be able to either resist or consent, but a recent Pennsylvania case ruled that a woman must do more than say “no” on the bizarre theory that “no” does not always mean “don’t,” but a flirtatious come-on. “Date rape,” involves rape by an acquaintance who refuses to stop when told to. Defense attorneys often argue that there had to be physical resistance, but the modern view is that fear of harm and the relative strengths of the man and the woman are obvious deterrents to a woman fighting back. Any sexual intercourse with a child is rape and in most states sexual relations even with consent involving a girl 14 to 18 (with some variation on ages in a few states) is “statutory rape,” on the basis that the female is unable to give consent. 2) v. to have sexual intercourse with a female without her consent through force, violence, threat or intimidation, or with a girl under age. Technically, a woman can be charged with rape by assisting a man in the rape of another woman. Dissatisfied with the typical prosecution of rape cases (in which the defense humiliates the accuser, and prosecutors are unable or unwilling to protect the woman from such tactics), women have been suing for civil damages for the physical and emotional damage caused by the rape, although too often the perpetrator has no funds. Protection services for rape victims have been developed by both public and private agencies. On the other side of the coin, there is the concern of law enforcement and prosecutors that women whose advances have been rejected by a man, or who have been caught in the act of consensual sexual intercourse may falsely cry “rape.”

relevant adj. having some reasonable connection with, and in regard to evidence in trial, having some value or tendency to prove a matter of fact significant to the case. Commonly an objection to testimony or physical evidence is that it is “irrelevant.” (See: objection, irrelevant)

restitution n. 1) returning to the proper owner property or the monetary value of loss. Sometimes restitution is made part of a judgment in negligence and/or contracts cases. 2) in criminal cases, one of the penalties imposed is return of stolen goods to the victim or payment to the victim for harm caused. Restitution may be a condition of granting defendant probation or giving him/her a shorter sentence than normal.

rights n. 1) plural of right, which is the collection of entitlements which a person may have and which are protected by the government and the courts, or under an agreement (contract). 2) slang for the information which must be given by law enforcement officers to a person who is about to be arrested, is a prime suspect in a crime, or is officially accused of a crime. These “rights” are short for “Miranda rights,” which the Supreme Court in Miranda v. Arizona (1966), required be read to alleged criminals, including the rights to remain silent and to have an attorney (and if the suspect cannot afford a lawyer, one will be provided), and warning that anything the suspect says can be used against him/her in court. Failure to recite these rights means that a confession may not be used as evidence. (See:  Miranda Warning)

search v. 1) to examine another’s premises (including a vehicle) to look for evidence of criminal activity. It is unconstitutional under the 4^th and 14^th Amendments for law enforcement officers to conduct a search without a “search warrant” issued by a judge or without facts which give the officer “probable cause” to believe evidence of a specific crime is on the premises and there is not enough time to obtain a search warrant

search and seizure n. examination of a person’s premises (residence, business, or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of articles of evidence (such as controlled narcotics, a pistol, counterfeit bills, a blood-soaked blanket). The basic question is whether the search and seizure were “unreasonable” under the 4^th Amendment to the Constitution (applied to the states under the 14^th Amendment), which provides: “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Thus, searches and seizures must be under the authority of a search warrant or when the officer has solid facts that give him/her “probable cause” to believe there was evidence of a specific crime in the premises and no time to get a warrant. Evidence obtained in violation of the Constitution is not admissible in court, nor is evidence traced through such illegal evidence. (See: search, search warrant, probable cause, fruit of the poisonous tree)

search warrant n. a written order by a judge which permits a law enforcement officer to search a specific place

self-incrimination n. making statements or producing evidence which tends to prove that one is guilty of a crime. The 5^th Amendment to the U.S. Constitution guarantees that one cannot “be compelled in any criminal case to be a witness against himself...” and the 14^th Amendment applies that guarantee to state cases. Thus refusing to testify in court on the basis that the testimony may be self-incriminating is called “taking the Fifth.” (See: taking the Fifth, Miranda warning, rights)

sentence 1) n. the punishment given to a person convicted of a crime. A sentence is ordered by the judge, based on the verdict of the jury (or the judge’s verdict if there was no jury) within the possible punishments set by state law (or Federal law in convictions for a Federal crime).

service of process n. the delivery of copies of legal documents such as summons, complaint, subpoena, order to show cause (order to appear and argue against a proposed order), writs, notice to quit the premises, and certain other documents, usually by personal delivery to the defendant or other person to whom the documents are directed.

sidebar n. 1) physically, an area in front of or next to the judge’s bench (the raised desk in front of the judge) away from the witness stand and the jury box, where lawyers are called to speak confidentially with the judge out of earshot of the jury

slander n. oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit

Solicitor General n. the chief trial attorney in the Federal Department of Justice responsible for arguing cases before the Supreme Court, and ranking second to the Attorney General in the Department.

special prosecutor n. an attorney from outside of the government selected by the Attorney General or Congress to investigate and possibly prosecute a federal government official for wrongdoing in office.

statute of limitations n. a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim. The periods vary by state. Federal statutes set the limitations for suits filed in Federal courts. If the lawsuit or claim is not filed before the statutory deadline the right to sue or make a claim is forever dead (barred).

summons n. a document issued by the court at the time a lawsuit is filed, stating the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff’s attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server.

suspended sentence n. in criminal law, a penalty applied by a judge to a defendant convicted of a crime, which the judge provides will not be enforced (is suspended) if the defendant performs certain services, makes restitution to persons harmed, stays out of trouble, or meets other conditions. Should the sentenced party fail to follow these requirements, then the suspended sentence may be enforced. (See: sentence)

sustain v. in trial practice, for a judge to agree that a question asked of a witness is objectionable. Thus, an attorney asks the witness a question, and the opposing lawyer objects, saying the question is “irrelevant, immaterial and incompetent,” “leading,” “argumentative,” or some other objection. If the judge agrees he/she will rule “sustained,” meaning the objection is sustained (approved) and the question cannot be asked or answered. However, if the judge finds the question proper, he/she will “over-rule” the objection.

taking the Fifth n. the refusal to testify on the ground that the testimony might tend to incriminate the witness in a crime, based on the Fifth Amendment to the Constitution which provides that

temporary injunction n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. A temporary injunction differs from a “temporary restraining order” which is a short-term, stop-gap injunction issued pending a hearing, at which time a temporary injunction may be ordered to be in force until trial.

toll v. 1) to delay, suspend or hold off the effect of a statute. Examples: a minor is injured in an accident when he is 14 years old, and the state law (statute of limitations) allows a person hurt by negligence two years to file suit for damages. But for a minor the statute is “tolled” until he/she becomes 18 and decides whether or not to sue.

trial n. the examination of facts and law presided over by a judge (or other magistrate, such as a commissioner or judge pro tem) with authority to hear the matter (jurisdiction).

verification n. the declaration under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document.

warrant 1) n. an order (writ) of a court which directs a law enforcement officer (usually a sheriff) to arrest and bring a person before the judge, such as a person who is charged with a crime, convicted of a crime but failed to appear for sentencing, owes a fine, or is in contempt of court.

witness stand n. a chair at the end of the judge’s bench on the jury box side, usually with a low “modesty screen,” where a witness sits and gives testimony after he/she has sworn to tell the truth.

witness 1) n. a person who testifies under oath in a trial (or a deposition which may be used in a trial if the witness is not available) with first-hand or expert evidence useful in a lawsuit. A party to the lawsuit (plaintiff or defendant) may be a witness. 2) a person who sees an event. 3) a person who observes the signing of a document like a will or a contract and signs as a witness on the document attesting that the document was signed in the presence of the witness. 4) v. to sign a document verifying that he/she observed the execution of the document such as a will. (See: evidence, trial, deposition)

writ n. a written order of a judge requiring specific action by the person or entity to whom the writ is directed.

Terminology from the Dictionary

ex·punge (expungement of records)
tr.v. ex·punged, ex·pung·ing, ex·pung·es

1. To erase or strike out: “I have corrected some f
actual slips, expunged some repetitions” Kenneth Tynan.
2. To eliminate completely; annihilate

 police n. pl. police

1. The governmental department charged with the regulation and control of the affairs of a community, now chiefly the department established to maintain order, enforce the law, and prevent and detect crime.

om·buds·man n.

1. A man who investigates complaints and mediates fair settlements, especially between aggrieved parties such as consumers or students and an institution or organization.

2. A government official, especially in Scandinavian countries, who investigates citizens’ complaints against the government or its functionaries.

in·ter·ro·gate
tr.v. in·ter·ro·gat·ed, in·ter·ro·gat·ing, in·ter·ro·gates

1. To examine by questioning formally or officially

in·ter·view n.

1. A formal meeting in person, especially one arranged for the assessment of the qualifications of an applicant.

Encyclopedic Terminology from Wikipedia

county attorney in the United States is the chief legal officer for a county or local judicial district. Many states that do not have county attorneys have instead state’s attorneys or Commonwealth’s Attorney; and many counties have District Attorneys. In many states this is an elected position.

Interrogation is a methodology employed during the interview of a person, referred to as a “source”, to obtain information that the source would not otherwise willingly disclose.

A typical purpose is not necessarily to force a confession, but rather to develop, playing on the source’s character, sufficient rapport as to prompt the source to disclose information valuable to the interrogator.

A well-conducted interrogation will not usually involve torture, which in practice is widely acknowledged to be ineffective at producing true, accurate, correct and reliable information.

Prisoners of war (POW) routinely undergo military interrogation and thus, resistance training is often a prerequisite for some personnel.  

Different methods of interrogation

There are multiple possible methods of interrogation including deception, torture, increasing suggestibility, and using mind-alerting drugs & substances.
The methods used to increase suggestibility are moderate sleep deprivation, exposure to constant white noise, and using

GABAergic drugs such as sodium amytal.
One notable interrogation technique is the Reid technique.  However, the Reid technique (which requires interrogators to watch the body language of suspects to detect deceit) has been criticized (1) for being too difficult to apply across cultures and is impracticable for many law enforcement officers.
In the U.S., there is no law or regulation that forbids the interrogator from lying, from making misleading statements or from implying that the interviewee has already been implicated in the crime by someone else. Deception forms an important part of effective interrogation.

Important legal protections in the USA and other nations include the right to remain silent and to demand the presence of a lawyer. (See also “Miranda warning”)

Currently, there is a movement for mandatory electronic recording of all custodial interrogations in the United States. “Electronic Recording” describes the process of recording interrogations from start to finish. This is in contrast to a “taped” or “recorded confession,” which typically only includes the final statement of the suspect. “Taped interrogation” is the traditional term for this process; however, as analog is becoming less and less common, statutes and scholars are referring to the process as “electronically recording” interviews or interrogations. Alaska, Illinois, Maine, Minnesota, and Wisconsin are the only states to require taped interrogation. New Jersey’s taping requirement started on January 1, 2006. Massachusetts allows jury instructions that state that the courts prefer taped interrogations. See Commonwealth v. DiGiambattista, 813 N.E.2d 516, 533-34 (Mass. 2004). Commander Neil Nelson of the St. Paul Police Department, an expert in taped interrogation, has described taped interrogation in Minnesota as the “best thing ever rammed down our throats.”

 
ombudsman is an official, usually (but not always) appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens. In some jurisdictions, the Ombudsman is referred to, at least officially, as the ‘Parliamentary Commissioner’ (e.g., the West Australian state Ombudsman). The word ombudsman and its specific meaning, Swedish in origin, have since been adopted in to English as well as other languages, and ombudsmen have been instituted by other governments and organizations such as the European Union.

END OF LEGAL TERMS.

 

Families Raise Families NOT Laws

“There is no system ever devised by mankind that is guaranteed to rip husband and wife

or father, mother and child apart so bitterly than our present Family Court System.”

Judge Brian Lindsay

Retired Supreme Court Judge

New York, New York

“There is something bad happening to our children in family courts today that is causing them

more harm than drugs, more harm than crime and even more harm than child molestation.”

Judge Watson L. White

Superior Court Judge

Cobb County, Georgia