Strict liability laws – laws that criminalize certain behaviors regardless of the actor`s intent. The only question for a judge or jury in a liability case is whether the defendant committed the prohibited act. Damages – sums awarded by a court to a person who has been harmed by the unlawful act or negligence of another person. Trial – consideration of any question of fact or law before a court competent to determine the rights of the parties. Probation – A procedure in which an accused convicted of a crime is released by the court without imprisonment under a conditional or conditional sentence. AFFIRMATION, practice. A solemn declaration made by a witness before an officer authorized to take an oath in a similar case to tell the truth as if he had taken an oath. 2. In the United States, in general, all witnesses who conscientiously object to the taking of a physical oath are allowed to make a solemn declaration in all cases, both criminal and civil. 3. Laws have been passed in England which partially exonerate persons who have scruples of conscience to take an oath and allow them to take out insurance. In France, laws permitting religious freedom received the liberal construction that all peoples must be sworn or affirmed according to the dictates of their conscience; And the confirmation of a Quaker was received, and kept in the same effect as an oath.
Merl. Research. of Law, word Oath, § 1. 4. The form in this sense is: “You, A B, solemnly, sincerely and truthfully proclaim and confirm” &c. For violation of the truth in such a case, the witness will be punished with perjury as if he had taken an oath. 5. Affirmation also means confirmation; like, an affirmative law. Kangaroo court – a term that describes a mock procedure in which a person`s rights are completely ignored and in which the outcome is won in advance due to the bias of the court or another tribunal. Condemnation – A legal process by which the government takes private land for public use and pays landowners a fair price determined by the court.
Waybill – A list of cases to be heard by a court or protocol with brief entries to court proceedings. In Forma Pauperis – “In the manner of a poor man”. Allowing a person to sue for destitution or poverty without paying court fees. A solemn and formal declaration of the truth of a statement, such as an affidavit or the actual or future testimony of a witness or party that supersedes an oath. An affirmation is also used when a person cannot take an oath because of religious beliefs. Concurrent jurisdiction – The power of more than one court to hear and resolve certain types of disputes. Arrest warrant – Most commonly, a court order authorizing law enforcement officers to make an arrest or search. An affidavit requesting a warrant for arrest must prove probable cause by stating the facts on which the request is based. Jury – Persons selected in accordance with the law and sworn to investigate questions of fact and render a verdict. A small jury is a trial jury of 6 to 12 people who hear civil or criminal cases. Objection – A procedure by which a party attempts to prevent evidence from being presented or proceedings to be applied at a hearing. The appeal is upheld (allowed) or dismissed by the judge.
Conservatory – the legal right of a person to manage the property and financial affairs of a person who is unable to do so for himself. (See also guardianship. Conservators have slightly less responsibility than custodians.) Charges (several) – A matter involving more than one charge or misdemeanor listed in the court record. Plea – (1) Accused`s response to the indictment – guilty, not guilty, nolo contendere or Alford plea. (2) In criminal proceedings, a public statement by the accused whether he is guilty or not guilty. The accused`s response to the allegations or information contained in the indictment. Chief Justice – President or administrative judge in a court. Malicious abuse of litigation – a tort in which a litigant maliciously abuses the power of justice.
The elements of this offence are: (1) the initiation of legal proceedings against the plaintiff by the defendant; (2) an act of the defendant using a procedure that would not be appropriate for the normal prosecution of the application; (3) a principal motive of the defendant to abuse the process to achieve an unlawful aim; and (4) damages. Opinion – A written statement by a judge of a decision of the court or a majority of judges. A dissenting opinion is not consistent with the majority opinion because of the reasoning and/or legal principles on which the decision is based. A concurring opinion agrees with the court`s decision, but offers further comment or reasoning. A per curiam opinion is an unsigned opinion “of the court”. Bail – cash or security sent to secure the release of an accused in criminal proceedings by ensuring his future presence in court and forcing him to remain within the jurisdiction of the court. Self-proving will – A will whose validity does not need to be attested by witnesses in court, as the witnesses have made an affidavit reflecting the proper execution of the will before the death of the author. Lis pendens – An ongoing trial. Jurisdiction, power or control acquired by the courts over property in a dispute awaiting final judgment. Injunction – A court order or order prohibiting the performance of a particular act by a person or group.
An injunction will be issued on an interim basis until a full hearing can be held to determine whether it should be made permanent. Order in Council – A court order. A final decree is one that completely and definitively settles the dispute. An interim decree is an injunction that often settles only part of a trial. Case law – a law established by previous decisions of courts of appeal.