We The People Legal Primer - Prison Book Program

First Edition Condensed May 2004
between and among the states. The Model Penal Code was No Bill. This phrase, endorsed by a grand jury on the written order. A mandate, command, or direction authoritatively
developed by the American Law Institute.
indictment submitted to it for its approval, means that the grand given. Direction of a court or judge made in writing.
moral certainty. At least “reasonable certainty” or “certainty jury found the evidence as insufficient to indict.
ordinance. A rule established by authority; possibly a
beyond a reasonable doubt” but less than an absolute
No-contest Clause. Language in a will that provides that the municipal statute of a city council, regulating such matters as
certainty. “A reasonable certitude or conviction based on testator automatically disinherits any person who makes a zoning, building, safety, matters of municipality, etc.
convincing reasons and excluding all reasonable doubts that a legal challenge to the will’s validity.
ordinary negligence. The want of ordinary care, or
contrary or opposite conclusion can exist based on any No-fault Proceedings. A civil case in which parties may negligence that could have been avoided if one had exercised
reasons.” 104 N.W.2d 379, 382. A juror settles into a morally resolve their dispute without a formal finding of error or fault. ordinary, reasonable, or proper care.
certain mentality regarding a truth of a fact a party seeks to
prove when the juror would act in reliance upon its truth in Noise Control Act. A act which gives government agencies outrageous government conduct. A kind of entrapment
matters of the greatest importance to himself. This term the right to promulgate standards and regulations relating to defense based upon an objective criterion involving “the belief
sometimes finds use as the criminal law standard of proof, but abatement of noise emissions, i.e., requirement that autos and that the methods employed on behalf of the Government to
also may indicate an even higher standard. Proof, qv.
like vehicles must have mufflers.
bring about conviction cannot be countenanced.”
morals. Ethical principles, or principles meant to guide human nonfeasance. Nonperformance of an act which a person or OVC. Office for Victims of Crime, established under the 1984
conduct and behavior; principles or standards of right and another should perform. Omission to perform a required duty Victims of Crime Act (VOCA).
wrong.
or total neglect of duty.
overrule. A judge’s decision not to allow an objection. Also, a
morals offenses. A category of unlawful behavior originally nonjury trial. Trial before the court but without a jury.
decision by a higher court finding that a lower court decision
created to protect the family and related social institutions. norms. Unwritten rules that underlie and are inherent in the was in error.
Included are crimes such as lewdness, indecency, sodomy, fabric of society.
P — P — P — P — P — P — P — P — P
and other sex-related offenses such as seduction, fornication,
adultery, bigamy, pornography, obscenity, cohabitation, and Notary Public. A public officer with duties to administer oaths, pandering. Soliciting a person to perform an act of
prostitution.
to attest and certify documents, and to take acknowledgments. prostitution.
moot. Regarding a moot case or a moot point: one not not guilty by reason of insanity -or- NGRI. One of a number paperbound supplement. A temporary supplement to a
subject to a judicial determination because it involves an of possible verdicts in a criminal trial where the defense of book or books.
abstract question or a pretended controversy that has not yet insanity is raised. Other possible verdicts include “guilty” and paralegal. Also, legal assistant. A person with legal skills who
actually arisen or has already passed. Mootness usually refers “not guilty.”
works under the supervision of a lawyer able to perform most
to a court’s refusal to consider a case because the issue notice. Formal notification to the party that sued in a civil case functions of an attorney except represent a client in court.
involved has been resolved prior to the court’s decision, of the fact that the lawsuit has been filed. Also, any form of pardon. An act of grace from governing power that mitigates
leaving nothing that would be affected by the court’s decision. notification of a legal proceeding.
punishment and restores rights and privileges forfeited on
mores. Unwritten but generally known rules that govern notice to creditors. A notice given by the bankruptcy court to account of the offense.
serious violations of the social code.
all creditors of a meeting of creditors.
parol evidence. Oral or verbal evidence; evidence given by
motion. An application made to a court or judge which NOVA. National Organization for Victims’ Assistance.
word of mouth in court.
requests a ruling or order in favor of the applicant.
nuncupative will. An oral (unwritten) will.
parole. Supervised release of a prisoner from imprisonment
motion in limine. A motion made by counsel requesting that NVC. National Victims’ Center.
on certain prescribed conditions that entitle him to termination
the court disallow the hearing in a case of possibly prejudicial
of his sentence.
information.
O — O — O — O — O — O — O — O — O
Part I Offenses. That group of offenses, also called major
motive. A person’s reason for committing a crime.
oath. A solemn pledge made under a sense of responsibility offenses or index offenses, for which the Uniform Crime
in attestation of the truth of a statement or in verification of a
murder. The unlawful killing of a human being with deliberate
Reports (UCR) publishes counts of reported instances, and
statement made.
intent to kill: (1) premeditation characterizes murder in the first
which consists of murder, rape, robbery, aggravated assault,
degree; (2) a sudden and instantaneous intent to kill or to objection. The process by which one party takes exception to burglary, larceny, auto theft, and arson.
cause injury without caring whether the injury kills or not some statement or procedure. A judge either sustains (allows) Part II Offenses. A group of 19 “lesser crimes” including
characterizes murder in the second degree. According to the or overrules (denies) an objection.
forgery, fraud, embezzlement, vandalism, prostitution, drug
common law, the killing of one human being by another with obscenity. That which appeals to the prurient interest and abuse violations, etc., which are reported in the FBI’s Uniform
malice aforethought. Cf. criminal homicide.
lacks serious literary, artistic, political or scientific value. Crime Reports (UCR). Part II Offenses are counted only in
mutual assent. A meeting of the minds; agreement.
terms of arrests (rather than as reported crimes).
Occupational Safety and Health Act (OSHA). A federal law
N — N — N — N — N — N — N — N — N
designed to develop and promote occupational safety and parties to crime. All persons who take part in the commission
health standards.
of a crime, including those who aid and abet, and who are
National Crime Victimization Survey -or- NCVS. A survey
therefore criminally liable for the offense.
that is conducted annually by the Bureau of Justice Statistics Occupational Safety and Health Review Commission. The
(BJS), and which provides data on surveyed households that agency established by OSHA to adjudicate enforcement party. A person, business, or government agency actively
report they were affected by crime.
actions under the Act.
involved in the prosecution or defense of a legal proceeding.
National Labor Relations Board. (NLRB). A federal agency offer of proof. To offer evidence for acceptance at trial. The patent. A grant to an inventor of the right to exclude others for
which prevents and remedies unfair labor practices by
appropriate jurisdiction’s rules of evidence governs such an a limited time from make, using, or selling his invention in the
employers and labor organizations
offer of evidence. For example, if a party offers evidence United States.
through the testimony of a witness, opposing party make
natural law. Rules of conduct inherent in human nature and
Patent and Trademark Office. The federal agency which
object to certain of the questions asked by counsel. Should
in the natural order, which are thought to be knowable through
examines and issues patents and registers trademarks.
the court inquire as to the propriety of the questioning, counsel
intuition, inspiration, and the exercise of reason, without the would then ordinarily offer to the court, or “proffer,” the
penal code. The body of laws pertaining to crimes and
need for reference to man-made laws. Law that so positively relevance of the question. In such an instance, the
offenses and the penalties for their commission.
agrees with the nature and state of man that, without
questioning party would not ordinarily offer of proof within Pennsylvania style. A form of imprisonment developed by
observing its maxims, the peace and happiness of society can earshot of the jury, if present. If the court sustains (allows) the the Quakers in Pennsylvania about 1795 and used until about
never prevail. Society and jurisprudence come to recognize objection, the appellate court will assume that the party could 1820. Prisons had cells lining the outer walls and containing
these laws merely by light of reason, from the facts of these have established proffer for the purposes of reviewing the trial windows. The religious Quakers devised this style to involve
laws’ essential agreeableness with human nature. Natural court’s ruling. McCormick, Evidence §72 (2d ed. 1972). great amounts of solitary confinement (thus the windows in the
laws remain valid regardless of their enactment as positive Proof, qv.
cells) for religious study. They expected prisoners to show
law, although in certain instances, courts cannot enforce a
natural law. 11 Ark. 519, 527. Positive law, qv.
official reports. The publication of cumulated court decisions penitence (repentance) – thus the word “penitentiary.” It
of state or federal courts in advance sheets and bound
competed with the Auburn style.
naturalization. Process by which a person acquires
volumes as provided by statutory authority.
peremptory challenge. Request by a party that a judge not
nationality after birth and becomes entitled to privileges of
citizenship.
omission to act. An intentional or unintentional failure to act allow a certain prospective juror as a member of the jury, qv.
which may impose criminal liability if a duty to act under the No reason or cause need be stated. Cf. challenge for cause.
negligence. Failure to use care which a reasonable and circumstances is specified by law.
perfect self-defense. A claim of self-defense that meets all of
prudent person would use under similar circumstances.
on a person’s own recognizance. Release of a person from the generally accepted legal conditions for such a claim to be
negotiation. The process of submission and consideration of custody without the payment of any bail or posting of bond, valid. Where deadly force is used, perfect self-defense
offers until one party makes an acceptable offer and the other upon the promise to return to court.
requires that, in light of the circumstances, the defendant
accepts it.
reasonably believed it to be necessary to kill the decedent to
opening statement. The initial statement made by attorneys
necessity. A defense to a criminal charge that claims that it
avert imminent death or great bodily harm, and the defendant
for each side, outlining the facts each intends to establish
was necessary to commit some unlawful act in order to
was not the initial aggressor nor was responsible for provoking
during the trial.
prevent or to avoid a greater harm.
the fatal confrontation.
opinion. A judge’s written explanation of a decision of the
negligent homicide. The killing of a human being by criminal
periodical. A publication which appears regularly but less
court or of a majority of judges. A dissenting opinion disagrees
negligence, or by the failure to exercise reasonable, prudent
often than daily.
with the majority opinion because of the reasoning and/or the
care. Also, a criminal offense committed by one whose principles of law on which the court (the majority) based its perjury. The willful giving of false testimony under oath in a
negligence is the direct and proximate cause of another’s decision. A concurring opinion agrees with the decision of the judicial proceeding. Also, false testimony given under any
death.
court but offers further comment. (A per curiam opinion is an lawfully administered oath.
next friend. One acting without formal appointment as unsigned opinion “of the court.”)
permanent injunction. A court order requiring that some
guardian for the benefit of an infant, a person of unsound mind oral argument. Presentation of a case before a court by action be taken, or that some party refrain from taking action. It
not judicially declared incompetent, or other person under spoken argument; usually with respect to a presentation of a differs from forms of temporary relief, such as a temporary
some disability.
case to an appellate court which might set a time limit for oral restraining order or preliminary injunction.
argument.
per se doctrine. Under this doctrine, courts can declare an
activity such as price fixing as a violation of the antitrust laws
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