The act or omission that comprise the physical elements of a crime as required by statute.
Example: According to section 1 Homicide Act 1957 In terms of ACTUS REUS , it seems clear that in punching Delia, Felicity commits an assault which satisfies the requirement that the action be 'unlawful'; it was neither in self-defence nor an assault justifiable in any other way.
fr: actus reus
arraignment
noun
Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal charges against them.
Example: The remaining cases ended in plea agreements during ARRAIGNMENTS held via videoconference.
fr: lecture de l'acte d'accusation
case law
noun
Case law is created when judges interpret legislation in a case, and then this interpretation becomes the standard – sets a precedent – for the meaning of this legislation in other cases.
Example: The third section will examine how the legally enshrined rights have been interpreted in relevant CASE LAW, both domestically and internationally.
fr: jurisprudence
counsel
noun
A term given to a lawyer, attorney or a counsellor. To counsel someone means to advise them.
Example: The facts of this distressing and important case have already been put before you some four or five times, twice by prosecuting COUNSEL, twice by COUNSEL for the defence, and once at least by each of the various witnesses who have been here; but so low is my opinion of your understanding that I think it necessary, in the simplest language to tell you the facts again.
fr: avocat.e
deposition
noun
Out-of-court testimony that is made under oath by a party or witness (as an expert) in response to oral or written questions and that is recorded by an authorized officer for later use in court.
Example: His attorneys took DEPOSITIONS from the witnesses.
fr: déposition
due process
noun
Application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected.
Example: This disregard for human rights and their enforcement impacts on DUE PROCESS, such that the safeguards afforded to suspects are minimal.
fr: procédure officielle
expert witness
adjective noun
A person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert.
Example: An EXPERT WITNESS said the injuries matched her testimony in court.
fr: témoin expert
habeas corpus
noun
Habeas is a legal procedure that allows people who have been detained by the government to challenge their detention in court.
Example: His lawyers asked a federal court in a habeas corpus petition to order his release onto the base until a country could be found for him.
fr: habeas corpus
hearsay
noun
An out-of-court statement which is being offered in court for the truth of what was asserted.
Example: The system was civil based aiming to achieve fast, efficient and economical hearings, whilst HEARSAY admissibility protected witnesses made evidence collection less problematic, as well as being reinforced with criminal sanctions.
fr: ouï-dire
impeachment
noun
Impeachment of a witness refers to the process of discrediting or undermining the credibility of a witness during a trial.
A process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct.
Example: The president herself is subject to IMPEACHMENT proceedings for alleged gross mismanagement of the budget.
fr: mise en accusation
indictment
noun
A formal written statement prepared by a prosecuting authority charging a person with a crime and returned by a jury (such as a grand jury).
Example: Whilst the INDICTMENT and arrest of Omar provided the immediate guilty party, the media's criticism of the local security authorities bolstered the public's calls for justice, with blame quickly attached to Buenos Aires's mayor Ibarra for overseeing the negligence responsible.
fr: accusation
injunction
noun
A writ granted by a court of equity whereby one is required to do or to refrain from doing a specified act.
Example: The remedies available through judicial review are limited to the private law remedies of an INJUNCTION, a declaration, or damages, added to by the prerogative orders of a quashing order, a mandatory order or a prohibiting order.
fr: injonction
mens rea
noun
The state of mind statutorily required in order to convict a particular defendant of a particular crime.
Example: Felicity's aggressive conduct and frame of mind satisfy the elements of the statutory requirements in terms of actus reus and MENS REA.
fr: mens rea
mitigating circumstance
adjective noun
A circumstance in the commission of an act that lessens the degree of criminal culpability.
Example: There were two MITIGATING CIRCUMSTANCES for a turgid first half.
fr: circonstance atténuante
nolle prosequi
noun
It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial.
Example: Tuesday also marked a scheduled bench trial appearance for the professional mixed martial artist, but the state of New Mexico filed a NOLLE PROSEQUI, which formally dismissed the case.