We The People Legal Primer - Prison Book Program

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First Edition Condensed May 2004 incapacity. Lack of legal ability to act; disability, inquest. A judiciary inquiry. An inquiry made by a coroner to issue. 1. The disputed point in a disagreement between incompetence; lack of adequate power. determine the cause of death in a sudden death, a death parties in a lawsuit. 2. To send out officially, as in to issue an incarceration. Imprisonment in a jail or penitentiary. under suspicious circumstances, a death in prison, or a killing. order. Generally, “a trial of an issue of fact where the plaintiff alone incest. Unlawful sexual intercourse with a relative through J — J — J — J — J — J — J — J — J introduces testimony [and which] does not necessitate a jury.” blood or marriage. 6 How. Prac. 118, 119. jailhouse lawyer. A prisoner who, through self-study of law, inchoate crime -or- anticipatory offense. An unfinished assists fellow inmates in the preparation of their appeals, but insanity. An affirmative defense to a criminal charge; a social crime that generally leads to another crime. Also, crimes that does not possess formal training and cannot practice law. and legal term (rather than a medical one) that refers to “a consist of actions that are steps toward another offense. Indigent prisoners must often rely on jailhouse lawyers as their condition which renders the affected person unfit to enjoy only assurance of proper and sufficient access to the courts. inciting a riot. The use of words or other means intended and liberty of action because of the unreliability of his behavior with Thus, the US Supreme Court has declared the constitutional calculated to provoke a riot. concomitant danger to himself and others.” Also, a finding by a protection of such assistance. 393 U.S. 483. court of law. incompetent. One who lacks ability, legal qualification, or Despite its seemingly uncultured and non-legalese fitness to manage his own affairs. Insanity Defense Reform Act -or- IRDA. Part of the 1984 appearance, courts look upon and use “jailhouse Crime Control and Prevention Act, the IRDA mandated a incompetent to stand trial. A finding by a court that, as a lawyer” as a legitimate legal term. comprehensive overhaul of the insanity defense as it operated result of a mental illness, defect or disability, a defendant is in the federal courts, making insanity an affirmative defense to joint and several liability. A legal doctrine that makes each unable to understand the nature and object of the proceeding be proved by the defendant by clear and convincing evidence, of the parties responsible for an injury as liable for all the against him or to assist in the preparation of his own defense. and creating a special verdict of “not guilty by reason of damages awarded in a lawsuit if the other parties responsible inculpatory. Refers to evidence, statements, or testimony insanity.” cannot pay. which tends to incriminate a defendant of guilt or wrongdoing. insolvent. When the total debt of an entity is exceeds the joint tenancy -or- survivorship. A form of legal co-ownership Cf. exculpatory. value of all of its property. of property. At the death of one co-owner, the surviving coowner becomes sole owner of the property. Tenancy by the indecent exposure. Public indecency. Specifically, the willful instruction to the jury -or- charge to the jury. Judge’s exposure of the private parts of one person to the sight of entirety refers to a special form of joint tenancy between a explanation to the jury before it begins deliberations of the another person in a public place with the intent to arouse or husband and wife. questions it must answer and the applicable law governing the gratify sexual desires. Also, the commission, in a place case. judge. A presiding officer of the court. accessible to the public, of (1) an act of sexual intercourse; (2) a lewd exposure of the sexual organs; (3) a lewd appearance intangible assets. Nonphysical items such as stock judgment. The official and authentic decision of a court of in a state of partial or complete nudity; or (4) a lewd caress or certificates, bonds, bank accounts, and pension benefits that justice upon the rights and claims of parties to an action or suit indecent fondling of the body of another person. have value and must be taken into account in estate planning. submitted to the court for determination. Cf. summary judgment. independent executor. A special kind of executor, permitted intangible property. Property that has no intrinsic value, but by the laws of certain states, who performs the duties of an which represents something of value. Intangible personal judgment debtor. One who owes money as a result of a executor without intervention by the court. property may include documents, deeds, records of judgment in favor of a creditor. ownership, promissory notes, stock certificates, software and indeterminate sentence. A model of criminal punishment judgment proof. intellectual property. that builds upon the use of general and relatively unspecific judicial lien. A lien obtained by judgment or other judicial sentences (such as a term of imprisonment of “from one to ten intensive supervision. A form of probation supervision process against a debtor. years”). A sentence of imprisonment to a specified minimum involving frequent face-to-face contacts between the and maximum period of time, specifically authorized by statute, probationary client and probation officers. judicial review. The authority of a court to review the official actions of other branches of government. Also, the authority to subject to termination by a parole board or other authorized intentional action. Action undertaken volitionally to achieve declare unconstitutional the actions of other branches. agency after the prisoner has served the minimum term. some goal. judiciary. The branch of government invested with judicial indictment. A written accusation by a grand jury charging a intentional tort. A wrong perpetrated by one who intends to power to interpret and apply the law; the court system; the person with a crime. Cf. information. break the law. body of judges; then bench. indigent. Needy or impoverished. To a defendant who can interlocutory. Temporary; provisional; interim; not final. jural postulates. Rules that, according to former Harvard Law demonstrate his or her indigence to the court, the court may appoint an attorney at public expense. intermediate sanctions -or- alternative sanctions. The use School dean Roscoe Pound, reflect shared needs common to of split sentencing, shock probation and parole, home the members of society, and form the basis of all law in indispensable evidence. Evidence necessary to prove a confinement, shock incarceration, and community service in advanced societies. particular fact. lieu of other, more traditional, sanctions such as imprisonment jurat. Certificate of person and officer before whom a signor infancy -or- immaturity. A defense that makes the claim that and fines. Intermediate sanctions are becoming increasingly swears to a writing. certain individuals should not be held criminally responsible for popular as prison crowding grows. jurisdiction. The power or authority of a court to hear and try their activities by virtue of youth. Internal Revenue Service (IRS). The federal agency which a case; the geographic area in which a court has power or the initial appearance. The defendant comes before a judge administers the tax laws of the United States. types of cases it has power to hear. within hours of the arrest to determine the presence of interrogatories. A set or series of written questions jurisdiction. The power to hear and determine a case, with probable cause for his or her arrest. propounded to a party, witness, or other person having reference to particular subjects and to parties of particular inference. A deduction from the facts given, usually less than information or interest in a case; a discovery device. categories. Valid exercise of jurisdiction requires fair notice to, certain, but which a trier of fact may decide as sufficient to Interstate Commerce Commission (ICC). A federal agency and an opportunity for, the affected parties to present their support a finding of fact. “...a process of reasoning by which a which regulates all transportation in interstate commerce. issues to the court. Courts exercise “subject matter fact or proposition sought to be established ... is deducted as a jurisdiction” and “personal jurisdiction.” Cf. subject matter logical consequence from other facts, or a state of facts, intervention. An action by which a court permits a third jurisdiction, personal jurisdiction. already proved or admitted. ...It has also been defined as ‘a person, who may be affected by a lawsuit, to become a party deduction of an ultimate fact from other proved facts., by virtue to the suit. jurisprudence. 1. The study of the structure of legal systems – different from the study of its content. 2. The overall course of the common experience of man, will support but not compel invasion of privacy. The wrongful intrusion into a person’s of judicial decisions (case law) – different from legislation. 3. such deductions.’ ” 186 A.2d 632, 633. Cf. presumption. private activities by another or by the government. Tort law sometimes used by a writer to simply mean “law.” Proof, qv. protects one’s private affairs with which the public has no information. Accusatory document, filed by the prosecutor, concern against the unwarranted exploitation or publicity that jurist. 1. One well-versed in law, especially an eminent judge, detailing the charges against the defendant. An alternative to would cause mental suffering or humiliation to the average attorney, or scholar. 2. A term used simply to refer to a judge. an indictment, it serves to bring a defendant to trial. person. The right to privacy may exist to a lesser degree jury. A certain number of men and women selected according regarding the life of a politician or another in whom the public to law and sworn to try a question of fact or indict a person for information. A written accusation of a crime signed by the has a rightful interest. Celebrities essentially give up some or a public offense. prosecution charging a person with the commission of a crime. much of such rights of theirs by making themselves public An alternative to an indictment as a means of starting a personalities. The US Constitution’s due process clause Jury Administrator. The court officer responsible for criminal prosecution. An information serves to inform the protects some personal decisions from unwarranted choosing the panel of persons to serve as potential jurors for a defendant of the charges against him, and to inform the court government interference, such as: decisions related to particular court term. of the factual basis of the charge(s). Only states may use an marriage, procreation, family relationships, child rearing, and jury nullification. The power of a jury to try the law as well as information. education. 431 U.S. 678. Cf. slander, libel. the facts before it. Thus, a jury may nullify (void) the infraction -or- summary offense. A violation of a state involuntary bankruptcy. A proceeding initiated by creditors applicability of the law to the facts where the jury believes that statute or local ordinance punishable by a fine or other penalty, requesting the bankruptcy court to place a debtor in liquidation. the law should not apply, and so, produce a finding of “not but not by incarceration. Governments generally consider guilty.” minor traffic offenses as infractions. involuntary intoxication. Unwillful intoxication. Courts have ruled that the government does empower inherently dangerous. An act or course of behavior (usually involuntary manslaughter. An unintentional killing for which juries to nullify the law ( 255 Ga. 616, 340 S.E.2d 891, a felony) which, by its very nature is likely to result in death or criminal liability is imposed, but which does not constitute 914; 391 U.S. 510, 519 and n. 15 (1968)). However serious bodily harm to either the person involved in the murder. Also, the unintentional killing of a person during the courts also consistently rule not to inform juries of this behavior, or to someone else. commission of a lesser unlawful act, or the killing of someone power, claiming that it would confuse jurors (519 A.2d during the commission of a lawful act, which nevertheless 1361, 1371) or burden their psyche (473 F.2d 1113, inheritance tax. A state tax on property that an heir or results in an unlawful death. 1136 (D.C. Cir. 1972)). Such rulings contradict the fact beneficiary under a will receives from a deceased person’s estate. The heir or beneficiary pays this tax. Irresistible Impulse Test. A test for insanity that evaluates that once a court empanels citizens as a jury, they defense claims that, at the time the crime was committed, a become part of government, and act on behalf of the injunction. A prohibitive order or remedy issued by the court mental disease or disorder prevented the defendant from people. Thus, courts (judges)seemed to have ruled at the suit of the complaining party, which forbids the controlling his or her behavior in keeping with the requirements not to inform a wholly legitimate arm of the government defendant to do some act which he threatens or attempts to of the law. of its full powers and responsibilities (362 A.2d 706 do. Conversely, it may require him to perform an obligatory act (D.C. 1976) (en banc)). that he refuses to do. A free primer. For imprisoned people only, – page 26 – who can reproduce it without permission.
First Edition Condensed May 2004 just desserts. A model of criminal sentencing which holds legal texts. Books that cover specific areas of the law, usually mayhem. Intentional infliction of injury on another that causes that criminal offenders deserve the punishment they receive at dealing with a single topic. the removal of, seriously disfigures, or impairs the function of a the hands of the state, and which suggests that punishments legislation. The act of giving or enacting laws. The power to member or organ of the body. should be appropriate to the type and severity of crime make laws via legislation in contrast to court-made laws. mediation. A form of alternative dispute resolution in which committed. legislation. Laws regarding rules of conduct created and the parties bring their dispute to a neutral third party, who helps justiciable. Issues and claims capable of proper examination promulgated by the elected legislative agents of the people them agree on a settlement. in court. and subject to the limitation of the constitution. Cf. constitution, memorandum. An informal note or instrument embodying justifiable homicide. 1.Homicide that is permitted under the case law. something the parties desire to have in written evidence. law. 2. A killing justified for the good of society. 3. The killing legislature. Agents elected by the people and representing memorialized. In writing. of another in self-defense when danger of death or serious the people in their creation and promulgation of laws. bodily harm exists. 4. The killing of a person according to menacing. Assault, qv. one’s duties or out of necessity, but without blame. legislative intent. The reasons why a legislature creates a mere possession. Possession in which one may or may not statute, often documented, and, thus, available to the courts justifications. A category of legal defenses in which the be aware of what he or she possesses. for review in order to understand the “spirit” behind the words defendant admits committing the act in question, but claims it of the law. mere preparation. An act or omission that may be part of a was necessary in order to avoid some greater evil. series of acts or omissions constituting a course of conduct legitimate. Legal, lawful, or recognized by law or according to juvenile offender. A child who violates the criminal law, or planned to culminate in the commission of a crime, but which law. who commits a status offense. Also, a person subject to fails to meet the requirements for a substantial step. Also, juvenile court proceedings because a statutorily defined event leniency. Recommendation for a sentence less than the preparatory actions or steps taken toward the completion of a caused by the person was alleged to have occurred while his maximum allowed. crime that are remote from the actual commission of the crime. or her age was below the statutorily specified age limit of Letters of Administration. Legal document issued by a court merger. The absorption of one thing or right into another. original jurisdiction of a juvenile court. that shows an administrator’s legal right to take control of minor. A person under the age of legal competence. K — K — K — K — K — K — K — K — K assets in the deceased person’s name. minority. More than the common meaning regarding number, keeping a place of prostitution. Knowingly granting or Letters Testamentary. Legal document issued by a court race, ethnicity, religion, handicap, or gender. In regards the permits the use of place for the purpose of prostitution. that shows an executor’s legal right to take control of assets in constitutional guarantee of equal protection, it refers to an the deceased person’s name. key number system. A research aid developed by West identifiable and specifically disadvantaged group, and includes Publishing Company that classifies digests of cases into liable. Legally responsible. criminal defendants both prior to and following conviction. 343 various law topics and subtopics given paragraph numbers, libel. Published defamation which tends to injure a person’s F. Supp 704, 730. called “Key Numbers.” Each key number for a given topic reputation. Cf. slander, invasion of privacy. minute book. A book maintained by the courtroom deputy helps the researcher quickly find all references to the legal matter being researched. Refer to the “Key Number System” licensing boards. State agencies created to regulate the (bailiff), which contains minute entries of all hearings and trial section in this legal primer. issuance of licenses, where they issue to contractors, barbers, conducted by the judge. cosmetologists, realtors, etc. minutes. Memorandum of a transaction or proceeding. kidnapping. The unlawful and forcible removal of a person from his or her residence or place of business. Also, an lien. An encumbrance or legal burden upon property. Miranda warning -or- Miranda Rule. Requirement that aggravated form of false imprisonment that is accompanied by limine. Cf. in limine in Latin Words & Phrases. police tell a suspect in their custody of his or her constitutional either a moving or secreting of the victim. rights before they question him or her. So named as a result of limited jurisdiction. Refers to courts that are limited in the the Miranda v. Arizona ruling by the United States Supreme knowing behavior. Action undertaken with awareness. types of criminal and civil cases they may hear. For example, a Court. 384 U.S. 436, 444, 478 479, 86 S.Ct. 1602, 1630, 16 knowing possession. Possession with awareness (of what limited jurisdiction court generally hears traffic violations. L.E.2d 694. one possesses). limited jurisdiction -or- special jurisdiction. Certain courts misadventure. An accident. Mischance. knowingly. Regarding criminal behavior, a person acts limited by statutes to have subject matter jurisdiction only over knowingly when he has a reasonable certainty that his certain or special types of cases. Examples: small claims misconduct in office. Acts which a public office holder: 1. behavior involves, or will cause, an element of a crime. court, probate court. has no right to perform, 2. performs improperly, or 3. fails to perform in the face of an affirmative duty to act. L — L — L — L — L — L — L — L — L litigant. A party to a lawsuit. misdemeanor. A minor crime; an offense punishable by lapsed gift. A gift made in a will to a person who has died litigation. A lawsuit; a legal action, including all proceedings incarceration, usually in a local confinement facility, for a period prior to the will-makers death. therein. of which the upper limit is prescribed by statute in a given larceny. The trespassory taking and carrying away living trust. A trust set up and in effect during the lifetime of jurisdiction, typically limited to a year or less. (asportation) of the personal property of another with intent to the grantor. (Also called inter vivos trust.) misfeasance. Improper performance of an act which a steal. Also, the wrongful taking of the personal property of loitering. The act of delaying, lingering, or to be idle about person might lawfully do. Cf. malfeasance. another, with intent to steal. Obtaining property by fraud or without lawful business for being present. misprision of felony. The failure to report a known crime; deceit. loose-leaf services. Loose-leaf replacement pages provided concealment of a crime. lascivious. Obscene or lewd, or that which tends to cause lust by a publisher in areas of the law where changes occur at a misprision of treason. The concealment or nondisclosure of last act test. In the crime of attempt, a test which asks rapid rate. the known treason of another. whether the accused had taken the last step or act towards looting. Burglary committed within an affected geographical mistake of fact. Misinterpretation, misunderstanding, or commission of the offense, and had performed all that he area during an officially declared state of emergency, or during forgetfulness of a fact relating to the subject matter at hand; intended to do and was able to do in an attempt to commit the a local emergency resulting from an earthquake, fire, flood, belief in the existence of a thing or condition that does not crime, but for some reason the crime was not completed. riot, or other natural or manmade disaster. exist. law. The collection of rules and principles of conduct lynching. The taking, by means of riot, any person from the mistake of law. A misunderstanding or misinterpretation of promulgated by the legislature, the courts, or by local custom, lawful custody of any peace officer. the law relevant to a situation at hand. which should guide one’s actions in society. Our laws derive M — M — M — M — M — M — M — M — M from a combination of moral laws, laws of nature, and human mistrial. An invalid trial, caused by fundamental error. When a experience, all of which have evolved by human intellect magistrate. Judicial officer exercising some of the functions of court declares a mistrial, the trial must start again from the throughout human history. Laws, by its definition, must a judge. It also refers in a general way to a judge. Cf. United selection of the jury. change – and criminal laws change as criminality changes or States Magistrate Judge. mitigating circumstances. Circumstances that do not as the people’s view of criminality changes. 123 N.W. malfeasance. The commission of an unlawful act. constitute a justification or excuse for an offense but which a 504,508. Cf. adjective law, case law, common law, session Cf. misfeasance. court may consider as reasons for reducing the degree of law, statute, substantive law, uniform law. blame. malice. A legal term that refers to the intentional doing of a Law Blank. A printed legal form available for preparing wrongful act without just cause or legal excuse. In cases of mitigating factors. Circumstances surrounding the documents. homicide the term means “an intention to kill.” commission of a crime which do not in law justify or excuse the Law Clerk. In the United States, usually a law school student act, but which in fairness may be considered as reducing the malice aforethought. An unjustifiable, inexcusable and employed by a law firm to do research and other tasks. In the blameworthiness of the defendant. Also, those elements of an unmitigated person-endangering state-of-mind. courts, a lawyer (or law school student) employed to do legal offense or of an offender’s background that could result in a research. malicious prosecution. An action instituted with intention of lesser sentence under the determinate sentencing model than injuring the defendant and without probable cause, and which would otherwise be called for by sentencing guidelines. lawsuit. An action or proceeding in a civil court; term used for terminates in favor of the person prosecuted. a suit or action between two private parties in a court of law. mittimus. The name of an order in writing, issuing from a malpractice. Any professional misconduct. court and directing the sheriff or other officer to convey a leading question. A question that suggests the answer desired of the witness. A party generally may not ask one’s manslaughter. The unlawful killing of another without malice person to a prison, asylum, or reformatory, and directing the own witness leading questions. A party may ask leading aforethought (prior intent to kill); either voluntary (upon a jailer or other appropriate official to receive and safely keep the questions only of hostile witnesses and on cross-examination. sudden impulse); or involuntary (during the commission of an person until his or her fate shall be determined by due course unlawful act not ordinarily expected to result in great bodily of law. legal aid. Professional legal services available usually to harm). Cf. murder. mitigation. A reduction, abatement, or diminution of a penalty persons or organizations unable to afford such services. marshal. The executive federal or municipal officer who or punishment imposed by law. legal cause. A legally-recognizable cause. The type of cause carries out the orders of such federal or municipal court, mixed sentence. One which requires that a convicted that is required to be demonstrated in court in order to hold an respectively. offender serve weekends (or other specified periods of time) in individual criminally liable for causing harm. Martindale-Hubbell Law Directory. A publication of several a confinement facility (usually a jail), while undergoing legal consent. Cf. effective consent. volumes which contains names, addresses, specialties, and probation supervision in the community. legal process. A formal, legally valid paper. Something the rating of United States lawyers; also includes digests of state Model Penal Code. A model code of criminal laws intended court issues, usually a command such as a writ or mandate. and foreign statutory law. to standardize general provisions of criminal liability, sentencing, defenses, and the definitions of specific crimes A free primer. For imprisoned people only, – page 27 – who can reproduce it without permission.
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We The People Legal Primer - Prison Book Program

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