We The People Legal Primer - Prison Book Program

First Edition Condensed May 2004
requires that the girl not attain the age of consent. Model
Penal Code §2133.
participants in a trial. 2. More commonly, the term means the
whole body of lawyers.
seriously endangers the lives of others, or violates other basic
social values (for example, values against bigamy).
atrocious. Outrageously wicked and vile. 399 So. 2d 973, bar examination. A state examination taken by prospective bind over. To hold a person for trial on bond (bail) or in jail. If
977. An atrocious act demonstrates depraved and insensitive lawyers allowing admission to the bar and a license to practice the judicial official conducting a hearing finds probable cause
brutality by the perpetrator. Conduct that exhibits a
law.
to believe the accused committed a crime, the official will bind
senselessly immoderate application of extreme violence for a Battered Woman’s Syndrome -or- BWS -or- Battered over the accused, normally by setting bail for the accused’s
criminal purpose.
Person’s Syndrome. A condition characterized by a history appearance at trial. (Refers to a state court procedure.)
attorney. A person trained in the law, admitted to practice of repetitive spousal abuse and learned helplessness - or the black letter law -or- hornbook law. Certain principles of law
before the bar of a given jurisdiction, and authorized to advise, subjective inability to leave an abusive situation. BWS has commonly known and without doubt or ambiguity.
represent, and act for other persons in legal proceedings. been defined by California courts as “a series of common blackmail. A form of extortion in which a threat is made to
attorney-at-law. An advocate, counsel, or official agent characteristics that appear in women who are abused
disclose a crime or other social disgrace.
employed in preparing, managing, and trying cases in the physically and psychologically over an extended period of time
courts.
by the dominant male figure in their lives; a pattern of
Blackstone. 1. Sir William Blackstone, a English legal
psychological symptoms that develop after somebody has theorist and educator, born 1723, died 1780. 2. His treatise
Attorney General. The chief law officer and legal counsel of a lived in a battering relationship; or a pattern of responses and on English law, referred to as “Blackstone’s Commentaries on
state government, usually appointed by its governor.
perceptions presumed to be characteristic of women who have the English Law” or just “Commentaries on the English Law”
attorney-in-fact. A private person (not necessarily a lawyer) been subjected to continuous physical abuse by their
written 1765-1769. Although it concerns the laws of another
authorized by another to act in his or her place, either for some mates[s].”
country and written more than 200 years ago, “Blackstone’s
particular purpose, as to do a specific act, or for the transaction
Commentaries,” as it is commonly called, remains an
battery. 1. unlawful physical violence inflicted upon another
of business in general, not of legal character. An written
important historical source of knowledge regarding the
without his or her consent; 2. an intentional and offensive
instrument, called a “letter of attorney” or more commonly
jurisprudence and the content of law in America.
touching or wrongful physical contact with another without
“power of attorney,” that confers this authority.
consent, that results in some injury or offends or causes bodily injury. In general usage the term refers to physical
attorney of record. The principal attorney in a lawsuit, who discomfort.
harm to a human being. In cases of assault and battery,
signs all formal documents relating to the suit.
however, the term refers to the unlawful application of physical
battery. “The unlawful application of force to the person of force upon the person of the victim – even when no actual
attorney pro se. A person who does not retain a lawyer and, another.” Perkins & Boyce, Criminal Law 152 (3d ed, 1982). physical harm results.
thus, represents and appears for him/herself in court.
The least touching of another’s person willfully, or in anger. 3
Bl. Comm. *120. The actual touching involved in an assault bond. A written agreement by which a person insures he will
Auburn style. A form of imprisonment developed in New and battery. In tort law, the legal protection from battery pay a certain sum of money if he does not perform certain
York state around 1820, using mass prisons that held
extends to any part of one’s body or to “anything so closely duties property. Bail bond, qv.
prisoners in congregate fashion. Prisons had centrally-located attached thereto that it is customarily regarded as a part
cells opening onto corridors with the outer walls opposite with
bound supplement. A supplement to a book or books to
thereof.” Restatement (Second) Torts §18. “Thus, contact
windows. This style allowed greater physical freedom (thus,
update the service bound in permanent form.
with the plaintiff’s clothing, or with a cane, ... the car which he is
no great need for windows in cells) as well as rehabilitation riding [sic] or driving.” suffices to create civil tort liability.
booking. The process of photographing, fingerprinting, and
through work. It competed with the Pennsylvania style and Prosser, Torts 34 (4th ed. 1971). If the contact is offensive, recording identifying data of a suspect. This process follows
lasted until about 1890.
even though harmless, it entitles the plaintiff to an award of the arrest.
autopsy. The dissection of a body to determine the cause of nominal damages. Criminal jurisprudence considers every Brandeis brief. A type of legal brief in which wisdom and
death. It may involve inspection and exposure of important punishable application of force to the person of another as a intellect, instead of legal factors, supports its issues. Named
organs of the body to determine the nature of a disease or criminal battery (a misdemeanor at common law). Perkins and after Louis Brandeis, the then lawyer, who, for example,
abnormality. The medical examiner of a county often conducts Boyce, supra at 156-158. A beating, or wrongful physical [successfully] argued economic necessity for the installation of
autopsies. The coroner will call a coroner’s inquest as
violence. “Assault” refers to the actual threat to use force; minimum wage laws.
required. Different from a post mortem. Inquest, qv. Cf. post “battery” refers to the use of it, which usually includes an brain death. Death determined by a “flat” reading on an
mortem, in Latin Words & Phrases.
assault.
electroencephalograph (EKG), usually after a 24-hour period,
Defendants and courts should not consider an autopsy bench. The seat occupied by the judge. More broadly, the or by other medical criteria.
as a complete examination of a body regarding the
court itself.
breach. The breaking or violating of a law, right, or duty, either
“circumstances” of its death. For example, most
bench trial. (Also known as court trial.) Trial without a jury in by commission or omission. The failure of one part to carry out
autopsies generally lack a complete chemical analysis which a judge decides the facts.
any condition of a contract.
of the decedent. Many autopsies test only for
depressants, which can kill, but will not usually test for bench warrant. An order issued by a judge for the arrest of a breach of contract. An unjustified failure to perform the
stimulants, which can induce bizarre or extreme
person.
performance agreed upon by contract.
behavior or which can intensify a criminal action of the beneficiary. Someone named to receive property or benefits breach of peace. Any unlawful activity that unreasonably
decedent justifying the use of more force than such
in a will. In a trust, a person who will receive benefits from the disturbs the peace and tranquility of the community. Also, “an
activity or criminal action would normally justify.
trust.
act calculated to disturb the public peace”
Defense wound, qv.
bequeath. To give a gift to someone through a will.
bribery. The offense of giving or receiving a gift or reward
B — B — B — B — B — B — B — B — B
bequests. Gifts made in a will.
intended to influence a person in the exercise of a judicial or
bail. Money or other security (such as a bail bond) provided to
public duty.
the court to temporarily allow a person’s release from jail and best evidence. Generally, primary evidence; the best
assure their appearance in court. “Bail” and “Bond” are often evidence available; “secondary” refers to evidence less than brief. A written argument by counsel arguing a case, which
used interchangeably. (Applies mainly to state courts.)
best, such as a photocopy of an original letter. A rule of contains a summary of the facts of the case, pertinent laws,
evidence that proof the content of a writing, recording, or and an argument of how the law applies to the fact situation.
bail bond. An obligation signed by the accused to secure his photograph requires the production of the original in court. Also called a memorandum of law.
or her presence at the trial. This obligation means that the Fed. R. Ev. 1002. “Where the terms are material, the original buggery. A term usually meaning anal intercourse.
accused may lose money by not properly appearing for the writing must be produced unless it is shown to be unavailable
trial. Often referred to simply as “bond.” Bond, qv.
burden of proof. In the law of evidence, the necessity or duty
for some reason other than the serious fault of the proponent.” of affirmatively proving a fact or facts in dispute on an issue
bailiff. An officer of the court responsible for keeping order McCormick, Evidence §229 (2d ed. 1972).
raised between the parties in a lawsuit. The responsibility of
and maintaining appropriate courtroom decorum and has bestiality. Sexual relations with animals.
proving a point (the burden of proof). It deals with which side
custody of the jury.
beyond a reasonable doubt. The standard in a criminal case must establish a point or points. Proof, qv.
bankruptcy. Refers to statutes and judicial proceedings requiring that the jury satisfy itself to a moral certainty that the burglary. The breaking and entering of a building, locked
involving persons or businesses that cannot pay their debts prosecution proved every element of a crime. This standard of automobile, boat, etc. with the intent to commit a felony or
and seek the assistance of the court in getting a fresh start. proof does not require that the state establish absolute
theft. Also, the entering of a structure for the purposes of
Under the protection of the bankruptcy court, the courts may certainty by eliminating all doubt, but it does require that the committing a felony or theft offense.
release or “discharge” debtors from their debts, perhaps by evidence be so conclusive that an ordinary person removes all
paying a portion of each debt. Bankruptcy judges preside over
burglary. The act of illegal entry with the intent to steal.
reasonable doubts from his mind.
these proceedings. The debtor owes the debts to creditors –
business bankruptcy. A proceeding under the Bankruptcy
both people or companies. Cf. Chapter 7, Chapter 11,
bigamy. The crime of marrying one person while still legally Code filed by a business entity.
Chapter 13.
married to another person.
but-for rule. A method for determining causality which holds
Bankruptcy, as first developed by the British, almost bill of particulars. A statement of the details of the charge that “without this, that would not be,” or “but for the conduct of
amounted to a criminal proceeding initiated only by a made against the defendant.
the accused, the harm in question would not have occurred.”
creditor against an insolvent debtor, considered an
Bill of Rights. The first ten amendments of the United States bylaws. Rules or laws adopted by an association or
offender. The US Constitution gave Congress the
Constitution. That part of any constitution which articulates corporation to govern its actions.
power to legislate on the subject of bankruptcy and, fundamental rights of citizenship. A declaration of rights
originally, only creditors could seek relief through such substantially immune from government interference, and thus,
C — C — C — C — C — C — C — C — C
proceedings. Since then, changes also allow a debtor a reservation of limited individual sovereignty. Courts will of capital crime. A crime punishable by death.
to seek adjudication as well as reorganization and
necessity balance and limit them when they clash with one
protection.
another. Thus, courts find that the First Amendment
calendar. A list of cases scheduled for hearing in court.
Bankruptcy Judge. The judge who determines a debtor’s guarantee of free speech and publication has, in some cases, canons of ethics. Standards of ethical conduct for attorneys.
entitlement to a discharge in bankruptcy.
conflicted with the Sixth Amendment guarantee of a fair trial, capacity. Having legal authority or mental ability. Being of
with the result of a judicial balancing of the two. Courts may
bankruptcy law. The area of federal law dealing with the
sound mind.
also balance the rights of individuals with other social values
handling of bankrupt persons or businesses.
considered of equal importance. Thus, Oliver Wendell Holmes caption. Heading or introductory party of a pleading.
bar. 1. Historically, the partition separating the general public Jr., US Supreme Court justice, stated that freedom of speech career offender. Under federal sentencing guidelines, a
from the space occupied by the judges, lawyers, and other does not extend to yelling “Fire!” in a crowded theatre. Courts person who (1) is at least 18 years old at the time of the most
will constrain the freedom of religion when its practices
recent offense; (2) is convicted of a felony that is either a crime
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