We The People Legal Primer - Prison Book Program

First Edition Condensed May 2004
concurrence. The simultaneous coexistence of an act in
violation of the law, and a culpable mental state.
property of another, by a person to whom it has been
entrusted.
sodomy, criminal sexual conduct with children, and deviate
sexual behavior.
concurrent sentences. Sentences for more than one crime conveyance. Instrument transferring title of land for one criminal simulation. The making of a false document or
for the convicted person to serve at the same time, rather than person or group of persons to another.
object that does not have any apparent legal significance.
one after the other. Cf. cumulative sentences, consecutive conviction. A judgment of guilt against a criminal defendant. criminal solicitation. The encouraging, requesting, or
sentences.
coroner. A public official who investigates the causes and commanding of another person to commit a crime.
condemnation. The legal process by which the government circumstances of deaths that occur within his jurisdiction and criminal syndicalism. Advocating the use of unlawful acts as
takes private land for public use, paying the owners a fair price. makes a finding in a coroner’s inquest. Autopsy, inquest, qv. a means of accomplishing a change in industrial ownership, or
Cf. eminent domain.
Post mortem, qv, in Latin Words & Phrases.
to control political change.
conduct. Behavior and its accompanying mental state. corroborating evidence. Supplementary evidence that tends criminal trespass. The entering or remaining on the property
conformed copy. An exact copy of a document containing to strengthen or confirm the initial evidence.
or in the building of another when entry was forbidden or;
written things that, for some reason, could not copy. For counsel. A legal adviser; a term used to refer to lawyers in a having received notice to depart, failing to do so.
example, a notation, which states the parties signed a
case.
criminalize. To make criminal. To declare an act or omission
document, replaces the written signature.
counterclaim. A claim made by the defendant in a civil to be criminal or in violation of a law making it so.
consecutive sentences. Successive sentences, one
lawsuit against the plaintiff. In essence, a counter lawsuit within criminally negligent homicide. Homicide which results from
beginning at the expiration of another, imposed against a a lawsuit.
criminal negligence.
person convicted of two or more violations. Cf. concurrent
sentences, cumulative sentences.
court. A government body to which the government
culpable ignorance. The failure to exercise ordinary care to
delegates the administration of justice.
acquire knowledge of the law or of facts which may result in
consent. A justification offered as a defense to a criminal
charge which claims that the person suffering an injury either court-appointed attorney. Attorney appointed by the court to criminal liability.
agreed to sustain the injury, or that the possibility of injury in represent a defendant, usually with respect to criminal charges cross-claim. A pleading which asserts a claim arising out of
some activity was agreed to before that activity was
and without the defendant having to pay for the representation. the same subject action as the original complaint against a coparty,
i.e., one co-defendant cross claims against another co-
undertaken.
court costs. The expenses of prosecuting or defending a
conservatorship. Legal right given to a person to manage lawsuit, other than the attorney fees. An amount of money that defendant for contribution for any damages assessed against
the property and financial affairs of a person deemed
the court may award to the successful party (and may be him.
incapable of doing that for him or herself. Cf. guardianship. recoverable from the losing party) as reimbursement for court cross-examination. The questioning of a witness produced
costs.
by the other side.
consideration. The price bargained for and paid for a
promise, goods, or real estate.
court of last resort. The highest court in the land. Typically, cumulative sentences. Sentences for two or more crimes to
the supreme court of a state or the US.
run consecutively, rather than concurrently. Cf. concurrent
conspiracy. “A combination or two or more person to commit
an unlawful act, or to commit a lawful by criminal or unlawful court of original jurisdiction. A court where a party initiates sentences, consecutive sentences.
means; or a combination of two or more person by concerted a matter and the court hears it in the first instance; a trial court. custody. Detaining of a person by lawful process or authority
action to accomplish an unlawful purpose, or some purpose court of record.
to assure his or her appearance to any hearing; the jailing or
not in itself unlawful by unlawful means. It is essential that
imprisonment of a person convicted of a crime.
there be two or more conspirators; one cannot conspire with court reporter. A person who transcribes by shorthand or
himself.” 314 P.2d 625, 631. Some jurisdictions, however, stenographically takes down testimony during court
cybercrime. Crime which employs computer technology as
permit prosecution of one person for conspiracy when, for proceedings, a deposition, or other trial-related proceeding. central to its commission, and which could not be committed
without such technology. Another word for computer crime.
example, the government cannot find or otherwise prosecute court rules. Regulations governing practice and procedure in Cf. computer crime.
the other party(ies). Cf. accessory, aid and abet, accomplice, the various courts.
complicity.
D — D — D — D — D — D — D — D — D
creditor. A person to whom a debtor owes a debt.
constitution. The fundamental law of a nation or state which
damages. Money awarded by a court to a person injured by
crime. Any act or omission prohibited by public law,
establishes the character and basic principles of the
the unlawful actor negligence of another person.
committed without defense or justification, and made
government.
punishable by the state in a judicial proceeding in its own dangerous proximity test. A test for assessing attempts,
constitution. The supreme laws, from the people acting in name.
under which a person is guilty of an attempt when his or her
their sovereign capacity (or by representatives of the people),
conduct comes dangerously close to success.
crime against nature. A general term which can include
which create a government and empower that government to, homosexual or heterosexual acts of anal intercourse, oral deadly force. Force likely to cause death or great bodily
in turn, govern the people, providing permanence and stability. intercourse, and bestiality, and which may even apply to harm.
In the United States, the word “Constitution” emphasizes the heterosexual intercourse in “positions” other than the generally debtor. One who owes a debt to another; a person filing for
unique American concept of restricting the powers of
accepted “missionary” position.
relief under the Bankruptcy Code.
government. Schwartz, Constitutional Law, Ch 1, pg 1 (1979).
A constitution, whether state or federal does, in part, preserve criminal conspiracy. An agreement between two or more decedent. A deceased person.
and protect the rights of minorities against the arbitrary actions persons to commit or to effect the commission of an unlawful decision. The opinion of the court in concluding a case at law.
of those in power. 208 U.S. 412, 420. All other laws must act, or to use unlawful means to accomplish an act that is not
conform to the constitution, the supreme law of the land, which unlawful.
declaratory judgment. A statutory remedy for judicial
no statute can abolish or nullify even in part. 140 F. Supp.
determination of a controversy where the plaintiff has doubts
criminal contempt. Deliberate conduct calculated to obstruct
925. Cf. legislation, case law.
about his legal rights.
or embarrass a court of law. Also, conduct intended to degrade
constitutional law. Law set forth in the Constitution of the the role of a judicial officer in administering justice.
decree. An order of the court. A final decree fully and finally
United States and the state constitutions.
disposes of the litigation. Cf. interlocutory.
criminal homicide. The purposeful, knowing, reckless, or
constructive entry. In the crime of burglary, one that occurs negligent causing of the death of one human being by another. defamation. That which tends to injure a person’s reputation.
when the defendant causes another person to enter a
Also, that form of homicide for which criminal liability may be Cf. libel, slander.
structure to commit the crime or achieve a felonious purpose. incurred. Criminal homicide may be classified as murder, default. Failure of the defendant to appear and answer the
manslaughter, or negligent homicide
constructive possession. The ability to exercise control over
summons and complaint.
property and objects, even though not in one’s physical criminal justice system. The network of courts and tribunals default judgment. A judgment entered against a party who
custody.
which deal with criminal law and its enforcement.
fails to appear in court or respond to the charges.
constructive touching. A touching inferred or implied from criminal law. That body of rules and regulations that defines defendant. The person defending or denying a suit.
prevailing circumstances. Also, a touching for purposes of the and specifies punishments for offenses of a public nature, or
law.
for wrongs committed against the state or society; also called defense. Evidence and arguments offered by a defendant
penal law.
and his or her attorney(s) to show why that person should not
consumer bankruptcy. A proceeding under the Bankruptcy
be held liable for a criminal charge.
Code filed by an individual (or husband and wife) who do not criminal law. A law enacted to preserve public order by
conduct a business.
defining an offense against the public and imposing a penalty defense of property. Affirmative defense in criminal law or
for its violation. Cf. civil law 2. 191 N.Y.S.2d 54, 57. Some tort law where defendant used force to protect his property.
contempt of court. Willful disobedience of a judge’s
statutes grant private [civil] actions against such a wrongdoer defense wound. Refers to a wound of a victim related to the
command or of an official court order.
in a remedial, not penal, capacity. 218 S.W.2d 75, 78; 59 S.W. victim’s defense of a physical attack. Juries or other triers of
continuance. Postponement of a legal proceeding to a later 952, 953.
fact determine the truth as to the existence of a defense
date.
criminal liability. The degree of blameworthiness assigned to wound. Some medical examiners and coroners wrongfully
contract. An agreement between two or more persons which a defendant by a criminal court, and the concomitant extent to attempt to describe a wound as a “defense wound.” Such
creates an obligation to do or not to do a particular thing. A which the defendant is subject to penalties prescribed by the terminology contains serious prejudice by a government
legally enforceable agreement between two or more
criminal law.
official.
competent parties made either orally or in writing.
criminal mischief. The intentional or knowing damage or deficient. Incomplete; defective; not sufficient in quantity or
contributory negligence. The rule of law under which the destruction of the tangible property of another.
force.
court considers an act or omission of plaintiff as a cause of criminal negligence. 1.) behavior in which a person fails to defunct. A corporation no longer operative; having ceased to
injury and a bar to recovery.
reasonably perceive substantial and unjustifiable risks of exist.
controlled substance. A specifically defined bioactive or dangerous consequences; 2.) negligence of such a nature and degree. The level of seriousness of an offense.
psychoactive chemical substance which comes under the to such a degree that it is punishable as a crime; 3.) flagrant degree of proof. The measure of probability necessary in
purview of the criminal law.
and reckless disregard for the safety of others, or willful order for a court or other fact-finder to render a decision or
conversion. Unauthorized assumption of the right of
indifference to the safety and welfare of others.
verdict with regard to the evidence presented to it. Proof, qv.
ownership. Conversion is a central feature of the crime of criminal sexual conduct. A gender-neutral term which is democracy. Government exercised either directly by the
embezzlement, as in the unlawful conversion of the personal applied today to a wide variety of sex offenses, including rape, people or through elected representatives and officers. Thus,
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