Facebook Twiter Goole Plus Linked In YouTube Blogger

Laws


Scale of Justice A Law is a legal document setting forth rules governing a particular kind of activity. A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The branch of philosophy concerned with the law and the Principles that lead Courts to make the decisions they do. The learned Profession that is Mastered by graduate study in a law school and that is Responsible for the judicial system. A generalization that describes recurring facts or events in nature. Laws are supposed to be a collection of Rules Voted on by Society, and that the Compliance of laws is Maintained by Authorities, like policemen and the Justice System. But not all laws are just, and not all Laws are Followed or Respected equally by everyone. So we have of work to do. We can no longer transfer our shared responsibilities to just a few people, especially when people of authority can be easily corrupted and manipulated. Crimes - Government Departments

Previous SubjectNext Subject

"Everyone is Equal in the Eyes of the Law"   "Everyone is Innocent until Proven Guilty"

Natural Law, certain Rights or Values are inherent by Virtue of Human Nature and universally cognizable through human reason. Historically, natural law refers to the use of reason to analyze both social and personal human nature to deduce binding rules of Moral Behavior. The law of nature, being determined by nature, is universal.

First Amendment - Rights - Privacy

Equal Justice Under Law is based upon Fourteenth Amendment jurisprudence, and has historical antecedents dating back to ancient Greece. The Fourteenth Amendment is a guarantee to equal protection of the law.

Equal Justice Under Law is an organization dedicated to achieving equality in our justice system by challenging wealth-based discrimination. We believe everyone should be treated equally, regardless of wealth-status. Unfortunately, our society currently operates two systems of justice: one for the rich and another for everyone else. Justice

Privilege is a certain entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. "Pay-to-Stay City Jails"

Article 1 Section 8: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Every Law can be Debated, but it doesn't mean you will have the chance to debate.

Presumption of Innocence states the burden of proof is on the one who declares, not on one who denies.

Legal Burden of Proof states that the burden of proving the defendant's Guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.

Cause - Suspicion - Rules of Engagement

Habeas Corpus - Lawsuit

Equality before the Law is the principle under which all people are subject to the same laws of justice (due process). Everyone must be treated equally under the law regardless of their race, gender, national origin, color, ethnicity, religion, disability, or other characteristics, without privilege, discrimination, or bias. Justice

Legal Advice Help

Legal Definitions
Courtroom Terminology

Bonds

Universal Law refers as concepts of legal legitimacy actions, whereby those principles and rules for governing human beings' conduct which are most universal in their acceptability, their applicability, translation, and philosophical basis, are therefore considered to be most legitimate.

Jurisprudence is the science, study, and theory of law. It includes principles behind law that make the law. Scholars of jurisprudence, also known as jurists or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems, and of legal institutions. Reasoning

Every Law Not Based on WISDOM is a Menace to the State

Conflict of Laws concerns relations across different legal jurisdictions between persons, and sometimes also companies, corporations and other Legal Entity, which is a legal construct through which the law allows a group of natural persons to act as if they were a single person for certain purposes. The most common purposes are lawsuits, property ownership, and contracts. (also known as private international law).

Federal Preemption is the invalidation of a U.S. state law that conflicts with federal law.

Color of Law denotes the "mere semblance of legal right", the "pretense or appearance of" right; hence, an action done under color of law colors (adjusts) the law to the circumstance, yet said apparently legal action contravenes the law. Under color of authority is a legal phrase used in the US indicating that a person is claiming or implying the acts he or she is committing are related to and legitimized by his or her role as an agent of governmental power, especially if the acts are unlawful.

Straw Man is a common form of argument and is an informal fallacy based on giving the impression of refuting an opponent's argument, while actually refuting an argument that was not advanced by that opponent.

Legal Fiction is a fact assumed or created by courts which is then used in order to apply a legal rule. Typically, a legal fiction allows the court to ignore a fact that would prevent it from exercising its jurisdiction, by simply assuming that the fact is different.

Legal Technicality implies that strict adherence to the letter of the law has prevented the spirit of the law from being enforced. Any portion of the law that interferes with the outcome desired by the user of the term.

Legalese is a traditional style of legal writing that is part of this specialized discourse of lawyers, used to confuse people who don't understand the words correctly, so that they can be easily manipulated.

Legal English refers to the type of English used in legal writing, which differs from ordinary language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features. Meaning is skewed and could easily confuse people.

Jargon is a type of language that is used in a particular context and may not be well understood outside of it.
Alan Siegel: Simplify Legal Jargon (video and interactive text)

Legal Abuse

Substantive Law refers to the actual claims and defenses whose validity is tested through the procedures of procedural law, is different from procedural law.

Procedural Law comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.

Natural and Legal Rights are two types of rights. Legal rights are those bestowed onto a person by a given legal system (i.e., rights that can be modified, repealed, and restrained by human laws). Natural Rights are those that are not dependent on the laws or customs of any particular culture or government, and therefore universal and inalienable (i.e., rights that cannot be repealed or restrained by human laws).

Consent

Natural Person is a person (in legal meaning. i.e., one who has its own legal personality) that is an individual Human being, as opposed to a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization.

Possession is Nine-Tenths of the Law

Legal Personality means to be capable of holding legal rights and obligations within a certain legal system, such as entering into contracts, suing, and being Sued. Legal personality is a prerequisite to legal capacity, the ability of any legal person to amend (enter into, transfer, etc.) rights and obligations. In international law, consequently, legal personality is a prerequisite for an international organization to be able to sign international treaties in its own name.

Personhood (corporate)

Lawful is conforming to, permitted by, or recognized by law or rules. Allowed or permitted by law; not contrary to law.
When something's legal, or the rules allow it, you can call it lawful.

Legal is when a person who acts in a legal manner or with legal authority. A person whose status is protected by law.

Capacity (law) of natural and juridical persons, and legal persons in general, determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid Will.

Civil Law (common law) is relating to civil wrongs and quasi-contracts is part of the civil law. The law of property is embraced by civil law. Civil law can, like criminal law, be divided into substantive law which is the set of laws that governs how members of a society are to behave, and procedural law which comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.

Private Law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, which is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor.

Positive Law are human-made laws that oblige or specify an action. It also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb to posit.

1: Not breach the peace;
2: Cause no-one else any harm;
3: Cause no-one else any loss;
4: Not use mischief in your promises and agreements.

Civil Wrong involves the violation of a Right.  (Wrong Tort (sue)

Remedy - Justice

Civil Procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters).These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function.

Criminal Law regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. Genocide - Murder

Criminal Justice or Justice System, is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Those accused of crime have some protections against abuse of investigatory and prosecution powers.

Corporate Law - Corruption - Justice?

Statutory Law is written law set down by a body of legislature or by a singular legislator (in the case of an absolute monarchy). This is as opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities.

Custom (Law) in law is the established pattern of behavior that can be objectively verified within a particular social setting.

Common Law is characterized by case law developed by judges, courts, and similar tribunals, when giving decisions in individual cases that have precedential effect on future cases. Equity (law)

Precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

Regulatory Law usually means law put into effect by formal declaration by an executive branch agency under a delegation from a legislature. Regulations is the management of complex systems according to a set of rules and trends.

Regulatory Agency is a public authority or government agency responsible for exercising autonomous authority over some
area of human activity in a regulatory or supervisory capacity. An independent regulatory agency is a regulatory agency that is independent from other branches or arms of the government.

Regulatory Compliance means conforming to a rule, such as a specification, policy, standard or law. Regulatory compliance describes the goal that organizations aspire to achieve in their efforts to ensure that they are aware of and take steps to comply with relevant laws and regulations.

Waiver is when regulatory agencies or governments may issue waivers to exempt companies from certain regulations, or to protect then from crimes they committed.

Contracts
Public Good

Primary and Secondary Legislation are two forms of law, created respectively by the legislative and executive branches of government.

Statute is a formal written enactment of a legislative authority that governs a state, city or country. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies and distinguished from common law, which is decided by courts, and regulations issued by government agencies. Statute law is written by a government's legislative body and signed into law by its executive.
Charter

Act (document) is an instrument that records a fact or something that has been said, done, or agreed. Acts generally take the form of legal instruments of writing that have probative value and executory force. They are usually accepted as self-authenticating demonstrative evidence in court proceedings, though with the precarious status of notaries public and their acts under common law, this is not always so. Common types of acts are legislative, judicial, and notarial acts.

Act of Congress is a statute enacted by the United States Congress. It can either be a Public Law, relating to the general public, or a Private Law, relating to specific institutions or individuals. Acting

Administrative Procedure Act is a statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations.

Administrative Law is the body of law that governs the activities of administrative agencies of government.

Martial Law involves the suspension of ordinary law. Military assumes the responsibility of governance. Instead of police officers, you would see soldiers. The rights of citizens are usually limited during martial law. It is usually imposed temporarily when the government or civilian authorities fail to function effectively (e.g., maintain order and security, or provide essential services).

Tyrant is an absolute ruler unrestrained by law or constitution, or one who has usurped legitimate sovereignty.

Police State is a term denoting a government that exercises power arbitrarily through the power of the police force. Sometimes characterized by the overbearing presence of the civil authorities.

Decree is a rule of law usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law.

Presidential Proclamation is a statement issued by a president on a matter of public policy. They are generally defined as, "The act of causing some state matters to be published or made generally known. A written or printed document in which are contained such matters, issued by proper authority; as the president's proclamation, the governor's, the mayor's proclamation."In the United States, the President's proclamation does not have the force of law, unless authorized by Congress.

Executive Order have the full force of law when they take authority from a legislative power which grants its power directly to the Executive by the Constitution, or are made pursuant to Acts of Congress that explicitly delegate to the President some degree of discretionary power (delegated legislation). Corruption

Code of Law is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in different common law and civil law systems, their usage is different.

Codification (law) is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is the defining feature of civil law jurisdictions.

Legislation is law which has been promulgated (or "enacted") by a Legislature or other governing body or the process of making it. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation", while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare or to restrict. It may be contrasted with a non-legislative act which is adopted by an executive or administrative body under the authority of a legislative act or for implementing a legislative act. Legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people of the state.
Nat. Conference of State Legislatures

Bill is proposed legislation under consideration by a legislature. A Bill does not become a Law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an Act or a statute.
3,000 bills a year are introduced and only 300 pass. (we need to hire more people, and what does pass mean?) Another sad fact that many bills are attacked by criminals in our government.

Joint Resolution is a legislative measure that requires approval by the Senate and the House and is presented to the president for his approval or disapproval. Generally, there is no legal difference between a joint resolution and a bill. Both must be passed, in exactly the same form, by both chambers of Congress, and then must — with one exception — be presented to the President and signed by him/her (or, re-passed in override of a presidential veto; or, remain unsigned for ten days while Congress is in session) to become a law. Only joint resolutions may be used to propose amendments to the United States Constitution and these do not require the approval of the President. Laws enacted by virtue of a joint resolution are not distinguished from laws enacted by a bill, except that they are designated as resolutions as opposed to acts (see for example War Powers Resolution).

Law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.

Advice and Consent in enacting formulae of bills and in other legal or constitutional contexts. It may describe two situations, either where a weak executive branch of a government enacts something previously approved of by the legislative branch or where the legislative branch concurs and approves something previously enacted by a strong executive branch.

List of Enacting Clauses is a short phrase that introduces the main provisions of a law enacted by a legislature. It usually declares the source from which the law claims to derive its authority. In many countries, an enacting formula is not considered necessary and is simply omitted.

Coming into Force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition.

Repeal is the removal or reversal of a law. There are two basic types of repeal, a repeal with re-enactment (or replacement) of the repealed law, or a repeal without replacement.

Moratorium is a delay or suspension of an activity or a law. In a legal context, it may refer to the temporary suspension of a law to allow a legal challenge to be carried out.

Amend (motion) is used to modify another motion. An amendment could itself be amended.
Amend is to improve, revise, change or correct a law or regulation.
Amendment is a statement that is added to or revises or improves a proposal or document.

Constitutional Amendment refers to the modification of the constitution of a nation or state.
List of Amendments to the United States Constitution
Referendum

Ratification is the official way to confirm something, usually by vote. It is the formal validation of a proposed law. The approval from the legislative branch required to validate government agreements. is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. Ratification defines the international act whereby a state
indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act.

Congressional Review Act is an expedited legislative process to overrule a regulation. Once a rule is thus repealed, the CRA
also prohibits the reissuing of the rule in substantially the same form or the issuing of a new rule that is substantially the same, "unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule" (5 U.S. Code § 801(b)(2)). Congress has a window of time lasting 60 legislative days (i.e., days that the U.S.
Congress is actually in session, rather than calendar days) to disapprove of any given rule; otherwise the rule will go into effect at the end of this period. It allows lawmakers to overturn any regulation imposed during the final six months of the previous
administration, with a simple majority vote in each chamber of Congress.

Rescinded
or Revoked is to Cancel Officially. Annulled is to Declare Invalid. Overturned, Reversed or Overruled is to Rule against.

Vacated Judgment makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. A trial court may have the power under certain circumstances, usually involving fraud or lack of jurisdiction over the parties to a case, to vacate its own judgments. A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment.
Appeal

Policy is a deliberate system of principles to guide decisions and achieve rational outcomes. A policy is a statement of intent, and is implemented as a procedure or protocol. Policy differs from rules or law. While law can compel or prohibit behaviors (e.g. a law requiring the payment of taxes on income), policy merely guides actions toward those that are most likely to achieve a desired outcome. policy is a course or principle of action adopted or proposed by a government, party, business, or individual.

Public Policy is the principled guide to action taken by the administrative executive branches of the state with regard to a class of issues, in a manner consistent with law and institutional customs. Not a Law, only by consent.

Policy Studies is the combination of policy analysis and program evaluation. It "involves systematically studying the nature, causes, and effects of alternative public policies, with particular emphasis on determining the policies that will achieve given goals." Policy Studies also examines the conflicts and conflict resolution that arise from the making of policies in civil society, the private sector, or more commonly, in the public sector (e.g. government).

Task Forces and Committees
are setup to bring expertise to the policymaking process, so why not always bring expertise to the policymaking process?

Subcommittees considers specified matters and reports back to the full committee. Subcommittees are formed by most committees to share specific tasks within the jurisdiction of the full committee. Subcommittees are responsible to, and work within the guidelines established by, their parent committees. In particular, standing committees usually create subcommittees with legislative jurisdiction to consider and report bills. They may assign their subcommittees such specific tasks as the initial consideration of measures and oversight of laws and programs in the subcommittees’ areas. Service on subcommittees enables members to develop expertise in specialized fields. Subcommittees diffuse the legislative process. For the most part, they are independent, autonomous units with written jurisdictions, and, pursuant to longstanding practice, most bills are referred by a full committee to them.

Legal Education is the education of individuals who intend to become legal professionals in Business law, Human resource and Labour laws, Property laws, Family laws, Human Rights & Legal awareness, Taxation law and many more.

Legal Awareness (PDF) 

Sociology of Law studies disciplines of law and sociology.

By-Law is a rule or law established by an organization or community to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by-laws may exercise. By-laws may be established by entities such as a business corporation, a neighborhood association, or depending on the jurisdiction, a municipality. Validity

Ordinance is a law usually found in a code of laws for a political division smaller than a state or nation, i.e., a local government such as a municipality, county, parish, prefecture, etc. Code of Ordinances
Ordinance is an authoritative rule.

Law of Agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under his or her control and on his or her behalf. The agent is, thus, required to negotiate on behalf of the principal or bring him or her and third parties into contractual relationship. This branch of law separates and regulates the relationships between: Agents and principals (internal relationship), known as the principal-agent relationship; Agents and the third parties with whom they deal on their principals' behalf (external relationship); and principals and the third parties when the agents deal.

Commercial Law also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange and partnership. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law. Outline of Commercial Law

Principal (commercial law) is a person, legal or natural, who authorizes an agent to act to create one or more legal relationships with a third party. This branch of law is called agency and relies on the common law proposition.

Preemption is the judicial principle asserting the supremacy of federal law over state law on the same subject. Only Justifiable Laws of course. When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution. U.S. Const. art. VI., § 2. Preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act, an act of Congress, preempts state constitutions, and FDA regulations may preempt state court judgments in cases involving prescription drugs.

Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. Congress has preempted state regulation in many areas. In some cases, such as medical devices, Congress preempted all state regulation. In others, such as labels on prescription drugs, Congress allowed federal regulatory agencies to set national minimum standards, but did not preempt state regulations imposing more stringent standards than those imposed by federal regulators. Where rules or regulations do not clearly state whether or not preemption should apply, the Supreme Court tries to follow lawmakers’ intent, and prefers interpretations that avoid preempting state laws. Federal Preemption is the rule of law that if the federal government through Congress has enacted legislation on a subject matter it shall be controlling over state laws and/or preclude the state from enacting laws on the same subject if Congress has specifically stated it has "occupied the field." A doctrine based on the Supremacy Clause of the U.S. Constitution that holds that certain matters are of such a national, as opposed to local, character that federal laws preempt or take precedence over state laws. As such, a state may not pass a law inconsistent with the federal law. A doctrine of state law that holds that a state law displaces a local law or regulation that is in the same field and is in conflict or inconsistent with the state law. Article VI, Section 2, of the U.S. Constitution provides that the "… Constitution, and the Laws of the United States … shall be the supreme Law of the Land." This Supremacy Clause has come to mean that the national government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power. The federal preemption doctrine is a judicial response to the conflict between federal and state legislation. When it is clearly established that a federal law preempts a state law, the state law must be declared invalid. A state law may be struck down even when it does not explicitly conflict with federal law, if a court finds that Congress has legitimately occupied the field with federal legislation. Questions in this area require careful Balancing of important state and federal interests. Problems arise when Congress fails to make its purpose explicit, which is often the case. The court must then draw inferences based on the presumed objectives of federal law and the supposed impact of related State Action. The federal right to regulate interstate commerce under the Commerce Clause of the U.S. Constitution has resulted in federal preemption of state labor laws. Likewise, the Supreme Court, in Burbank v. Lockheed Air Terminal, 411 U.S. 624, 93 S. Ct. 1854, 36 L. Ed. 2d 547 (1973), declared that state and local laws that interfere with comprehensive federal environmental laws and regulations are invalid. In California v. Federal Energy Regulatory Commission, 495 U.S. 490, 110 S. Ct. 2024, 109 L. Ed. 2d 474 (1990), the Supreme Court held that state regulations imposing minimum flow rates on rivers used to generate hydroelectric power were preempted by the Federal Power Act (16 U.S.C.A. § 791 et seq. [1933]). In Mississippi Power and Light Company v. Mississippi ex rel. Moore, 487 U.S. 354, 108 S. Ct. 2428, 101 L. Ed. 2d 322 (1988), the Court held that the Federal Energy Regulatory Commission's regulations preempted a state's authority to set electric power rates. At the state level, preemption occurs when a state statute conflicts with a local ordinance on the same subject matter. Preemption within the states varies with individual state constitutions, provisions for the powers of political subdivisions, and the decisions of state courts. For example, if a state legislature enacts Gun Control legislation and the intent of the legislation is to occupy the field of gun control, then a municipality is preempted from enacting its own gun control ordinance. The issue of preemption has dominated litigation over the right of states to require insurance companies and Health Maintenance Organizations (HMOs) to accept "any willing [healthcare] provider" rather than to force consumers to stay within the health providers' exclusive networks. HMOs and insurance companies have argued that the 1974 federal Employee Retirement Income Security Act (ERISA) preempted these state laws. ERISA is an extremely complex and technical set of provisions that seek to protect employee benefit programs, which include Pension plans and healthcare plans. Healthcare providers have pointed to the comprehensive nature of ERISA as demonstrating the intent of Congress to maintain a uniform national system. Therefore, they argued, state laws must be preempted to affect this purpose. The Supreme Court rejected the ERISA preemption argument in two cases involving Health Insurance. In Moran v. Rush Prudential HMO, Inc., 536 U.S. 355, 122 S. Ct. 2151, 153 L. Ed. 2d 375 (2002), the Supreme Court in a 5–4 decision upheld an Illinois law that required HMOs to provide independent review of disputes between the primary care physician and the HMO. In Kentucky Association of Health Plans, Inc. v. Miller, 538 U.S. 329, 123 S. Ct. 1471, 155 L. Ed. 2d 468 (2003), the Court tackled the "any willing provider rule." In a unanimous decision the Court held that Kentucky laws were not preempted by ERISA. The Court concluded that the laws did not deal with employee benefit plans as defined by ERISA but instead were insurance regulations. This was an important distinction because state insurance regulations are not preempted by ERISA.

International Law

International Law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens.

Customary International Law are those aspects of international law that study the principle of custom.
Distinguish International Law from Municipal Law
World Courts (International Case Law Database)

International Court of Justice is the primary judicial branch of the United Nations (UN). Seated in the Peace Palace in The Hague, Netherlands, the court settles legal disputes submitted to it by states and provides advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly.

International Court of Justice
International Criminal Court (wiki)
International Criminal Court  (ICC)
World Policy Forum rights, laws, policies, research.
Incorporation of International Law (wiki)
Geneva Conventions (wiki)
Transparency International

Legal Systems National List (wiki)

Admiralty Law is a distinct body of law that governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities that operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, marine salvaging, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.

United Nations Convention on the Law of the Sea defines the rights and responsibilities of nations with respect to their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.

Mandate (international law) is a binding obligation issued from an inter-governmental organization (e.g. the United Nations) to a country which is bound to follow the instructions of the organization.
Mandate is a document giving an official instruction or command.

Municipal Law is the national, domestic, or internal law of a sovereign state defined in opposition to international law. Municipal law includes many levels of law: not only national law but also law at the state, provincial, territorial, regional or local levels. While the state may regard these as distinct categories of law, international law is largely uninterested in this distinction and treats them all as one[citation needed]. Similarly, international law makes no distinction between the ordinary law of the state and its constitutional law.

Harmonisation of Law is the process of creating common standards across the internal market.
Manifesto's

Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, while in the case of multilateral treaties the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private contract law, international treaties, and constitutions in federations such as the United States and Canada. The term is also used in parliamentary procedure in deliberative assemblies.

Treaty
Sovereignty

Sovereign Immunity is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. It is a principle of international law which exempts a sovereign state from the jurisdiction of foreign national courts. Sovereign immunity is based on the concept of sovereignty in the sense that a sovereign may not be subjected without its approval to the jurisdiction of another sovereign. As Lord Atkin observed, The courts of a country will not impede a foreign sovereign, that is, they will not by their process make him against his will a party to legal proceedings whether the proceedings involve process against his person or seek to recover from him specific property or damages. The law of sovereign immunity connotes that a state, unless it chooses to waive its immunity, is immune to the jurisdiction of foreign courts and the enforcement of court orders. It also precludes the assertion of jurisdiction by the national courts of a foreign country over a sovereign or state, without the latter’s consent. There are two forms of sovereign immunity: immunity from suit (also known as immunity from jurisdiction or adjudication). Immunity from enforcement. Immunity from suit means a state is immune from the jurisdiction of another state in its courts. Immunity from enforcement means that even if a state successfully brings another state to court and wins in the case, the judgment cannot be enforced. However, sovereign immunity of a state entity may be waived. A state entity may waive its immunity by: Prior written agreement. Instituting proceedings without claiming immunity. Submitting to jurisdiction as a defendant in a suit. Intervening in or taking any steps in any suit (other than for the purpose of claiming immunity).In constitutional monarchies the sovereign is the historical origin of the authority which creates the courts. Thus the courts had no power to compel the sovereign to be bound by the courts, as they were created by the sovereign for the protection of his or her subjects. This principle is commonly expressed by the popular legal maxim rex non potest peccare, meaning "the king can do no wrong", oh yes he can.
Sue the Government

Legal Immunity From Prosecution is a legal status wherein an individual or entity can not be held liable for a violation of the law to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from criminal prosecution or from civil liability (being subject of lawsuit) or both. The most notable forms of legal immunity are diplomatic immunity, judicial immunity, and witness immunity. One author has described legal immunity as "the obverse of a legal power.

Diplomatic Protection is a means for a State to take diplomatic and other action against another State on behalf of its national whose rights and interests have been injured by the other State. Diplomatic protection, which has been confirmed in different cases of the Permanent Court of International Justice and the International Court of Justice, is a discretionary right of a State and may take any form that is not prohibited by international law. It can include consular action, negotiations with the other State, political and economic pressure, judicial or arbitral proceedings or other forms of peaceful dispute settlement.

Loop Holes - Scape Goat

Constitutional Monarchy is a form of monarchy in which the sovereign exercises their authorities in accordance with a written or unwritten constitution. Constitutional monarchy differs from absolute monarchy (in which a monarch holds absolute power), in that constitutional monarchs are bound to exercise their powers and authorities within the limits prescribed within an established legal framework. Constitutional monarchies range from countries such as Morocco, where the constitution grants substantial discretionary powers to the sovereign, to countries such as Sweden or Denmark where the monarch retains very few formal authorities.

Sanctions - Embargo
Politics - Democide
Plague's - Epidemics
Governments - Departments
Corporate Crimes - Secrecy
War - Drug War
War Crimes - Treason
Tyranny

Space Law encompasses national and international law governing activities in outer space. International lawyers have been unable to agree on a uniform definition of the term "outer space", although most lawyers agree that outer space generally begins at the lowest altitude above sea level at which objects can orbit the Earth, approximately 100 km (62 mi) (the Kármán line).

Birth Aboard Aircraft and Ships is one with a long history in public international law. The law on the subject is complex, because various states apply differing principles of nationality, namely jus soli and jus sanguinis, to varying degrees and with varying qualifications. All aircraft have the nationality of the state in which they are registered, and may not have multiple nationalities. The law of the aircraft's nationality is applicable on the aircraft. However, nationality laws of any country already apply everywhere, since it is for each country to determine who are its nationals. So this convention has no effect on nationality laws. The convention does not say that a birth on a country's aircraft is to be treated as a birth in that country for the purposes of nationality. a birth on a ship or aircraft in international waters or airspace shall be treated as a birth in the country of the ship or aircraft's registration. However, the convention applies only to births where the child would otherwise be stateless. Since in most cases a child would be covered by one or more countries' jus sanguinis at birth (getting the same citizenship as its parents), this convention rarely comes into play. In addition, there are still very few member states that are party to the 1961 convention. A person’s passport may say “holder born on an aeroplane.” Citizen of the World? UN Baby?


Authority

Authority is the right to exercise power given by the State (in the form of government, judges, police officers, etc.). (it's not a right or to be accepted, it's a responsibility to protect human rights). Prosecutor

Subjection
is being forced submission to control by others. The act of conquering.

Legitimacy is the right and acceptance of an authority.

Interpol is an intergovernmental organization facilitating international police cooperation. Focuses primarily on public safety and battling terrorism, crimes against humanity, environmental crime, genocide, war crimes, organized crime, piracy, illicit traffic in works of art, illicit drug production, drug trafficking, weapons smuggling, human trafficking, money laundering, child pornography, white-collar crime, computer crime, intellectual property crime, and corruption.

Secret Police - Intelligence Agency - Not So Intelligent Agencies

Law Enforcement is any system by which some members of society act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society.

Police Officer is a warranted law employee of a police force. Lowest police rank. Some police officers are plain-clothed in order to be in disguise as ordinary citizens. Pinkerton

SWAT (Special Weapons And Tactics) is a term for law enforcement units which use specialized or military equipment and tactics in the United States. Operative Tactical

Special Agent is usually a detective or investigator for a state, county, municipal, federal, or tribal government who primarily serve in investigatory roles. Not all agents are federal law enforcement officers, and hold either arrest authority or the right to conduct minor criminal/non-criminal investigations.

Sheriff is an official in a county who is responsible for keeping the peace and enforcing the law. Unlike most officials in law enforcement in the United States, sheriffs are usually elected, although many states (such as California) have state laws requiring that a person possess certain law enforcement qualifications before being able to run for the office. Elected sheriffs are accountable directly to the constitution of their state, the United States Constitution, statutes, and the citizens of their county.

Marshal is a term used in several official titles in various branches of society. As marshals became trusted members of the courts of Medieval Europe, the title grew in reputation. During the last few centuries, it has been used for elevated offices, such as in military rank and civilian law enforcement.
Deputy

Espionage - Mass Surveillance - Injustice

Secretary of Defense

We need less Regulation and more Education. The Red Tape is the blood of it's victims.

We need to Repeal the laws that are unconstitutional.

Rules


We make rules and laws for our protection and for our safety. We also use rules and laws to protect everyone's freedom to live, learn, love and prosper. We need to have agreements to make things fair for everyone. So making rules or laws that everyone can agree on is extremely important. But unanimous agreement on rules and laws never happens, why? Is it ignorance or the lack of knowledge on the writers of the rules and laws, or is it the ignorance or the lack of knowledge from the people who must obey and follow the rules and laws? And when some people are not following the same rules and laws that others obey, then this type of corruption creates serious problems. When people break the laws, or if ignorant rules or laws are made, then we have to find out why? We need to educate ourselves on how to update and improve the rules that govern our lives and our way of living. But a persons way of life cannot include making others suffer or include murdering people, because that is not a way of life, that is a way of death. People don't have to suffer and die just for you to live a normal life, but here we are. This is why we need to improve education and create more intelligent regulations that can't be manipulated using money or power.

Business Rule is a rule pertaining to the structure or behavior internal to a business.
School Rule is a rule that is part of school discipline.
Sport Rule is a rule that defines how a sport is played.
Game Rule is a rule that defines how a game is played.
Moral is a rule or element of a moral code for guiding choices in human behavior.
Monasticism, or monastic rule, the document giving the way of life to be led by the members of the varying religious orders in the Catholic Church and other Christian groups which follow a monastic way of life.
Norm (philosophy) is a kind of sentence or a reason to act, feel or believe.
Rule of thumb is a principle with broad application that is not intended to be strictly accurate or reliable for every situation. Unspoken Rule is an assumed rule of human behavior that is not voiced or written down.
Military Rule is governance by a military body.
Monastic Rule is a collection of precepts that guides the life of monks or nuns in a religious order.

In Rulemaking by the federal government of the United States, a regulation mandated by Congress, but written or expanded upon by the executive branch.

Rule of inference or transformation rule, a term in logic for a function which takes premises and returns a conclusion.

Norm (social), a term in sociology describing explicit or implicit rules used within society or by a group (i.e. social norms).

Rule of Law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behaviour, including behaviour of government officials.

Social Order refers to a particular set or system of linked social structures, institutions, relations, customs, values and practices, which conserve, maintain and enforce certain patterns of relating and behaving. A stable state of society in which the existing social order is accepted and maintained by its members.

Freedom of Speech


Legal Help Resources - Law Knowledge - Courtroom Terminology


Use this knowledge at your own discretion, some situations are unique, so there is never a guarantee on the outcome or what kind of people you will have to deal with. Knowledge is power, but criminals are still extremely dangerous because some people don't always play by the rules, even people of authority,  so try to avoid causing offense, and avoid revealing private information. "We are not a country of laws anymore. We are a country where laws are creatively interpreted, usually in favor of the rich and powerful, while the poor and minorities are routinely victimized by a corrupt and abusive justice system." The people in the justice system are paid by taxes collected from its citizens, so why don't they protect the rights of people who pay their salaries. The Right Side of the Law is where our public servants should be, protecting Humans Rights and not violating human rights. Why waste all that time, energy, resources, money, people and potential just to abuse people. That's insane. You have nothing to gain and everything to lose. Prejudice and bias has no valid reasoning because it's just pure ignorance. This is one of the reasons why we have laws and human rights in the first place, so that people don't believe that they're above the law. Of course education and training needs to improve, just knowing the law doesn't imply that a person fully understands the law, or human rights. It's really difficult to find a good lawyer, a good judge, a good doctor, a good dentist or any good professional, that's because ignorance has infected all levels of society, mostly from our inadequate education system along with our dysfunction mass media that fuels ignorance as well as enables ignorance to flourish and continue. The world is now filled with rabies infected hyena's that will attack innocent people in the name of money. The cure is knowledge and the vaccine is Basic Knowledge 101.

Misconduct - Know Your Rights - Abuse of Judicial Discretion - Your Record

Remain Silent Miranda Rights Warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.

Plead the 5th

Fifth Amendment to the United States Constitution is part of the Bill of Rights and protects a person from being compelled to be a witness against themselves in a criminal case. "Pleading the Fifth" is a colloquial term for invoking the right that allows a witness to decline to answer questions where the answers might incriminate him, and generally without having to suffer a penalty for asserting their right. A defendant cannot be compelled to become a witness at his own trial. If, however, they choose to testify, they are not entitled to their right, and inferences can be drawn from a refusal to answer a question during cross-examination. The Amendment requires that felonies be tried only upon indictment by a grand jury. Federal grand juries can force people to take the witness stand, but defendants in those proceedings have Fifth Amendment privileges until they choose to answer any question. To claim the privilege for failure to answer when being interviewed by police, the interviewee must have explicitly invoked the constitutional right when declining to answer questions. The Amendment's Double Jeopardy Clause provides the right to be tried only once in federal court for the same offense. The Amendment also has a Due Process Clause (similar to the one in the 14th Amendment) as well as an implied equal protection requirement (Bolling v. Sharpe). Finally, the Amendment requires that the power of eminent domain be coupled with "just compensation" for those whose property is taken.

Right to Silence is the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right usually includes the provision that adverse comments or inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole.

Trick Questions

Attorney-Client Privilege is a "client's right privilege" to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney.

Habeas Corpus a person can report an unlawful detention or imprisonment before a court, usually through a prison official.

Stipulation is a formal legal acknowledgement and agreement made between opposing parties prior to a pending hearing or trial.

Refuse for Cause without Dishonor
No Contract, No Proof, No Loss, No Injury, No Victim.

List of wrongful convictions in the United States (wiki)

Innocence Project

Miscarriage of Justice primarily is the conviction and punishment of a person for a crime they did not commit. Injustice

Do Not Consent to any Searches?
Bill of Rights Amendments 4, 5, 6

You and the Law Tips (PDF)

Right to a Fair Trial is that everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Due Process

Public Defender is an attorney appointed to represent people who cannot afford to hire one.

Pro se is Legal Representation that means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In San Diego, for example, the number of divorce filings involving at least one pro se litigant rose from 46% in 1992 to 77% in 2000. (McCue v. McCue - Law v. Law).

Mandate (criminal law) as part of a legal process on a person accused of a crime consisting of an obligation to engage in certain conditions or activities in exchange for suspension or reduction in penalty; such as, conditions of probation, conditional discharges, or other conditional sentences. For example, a defendant convicted of driving while intoxicated or drug possession may be mandated to engage in alcoholism or substance abuse rehabilitation.

10 Rules for Dealing with Police (video)
Barry Cooper's Never Get Busted (video)
Never Get Busted 

Traffic Stop Info-Graph (image)
If a Cop Stops You Info-Graph (image)
Highway Robbery

Know the difference between a Driver and a Traveler
Driver refers to the controlled operation and movement of a motorized vehicle, such as a car, truck, or bus for commercial purposes.
Traveler is the movement of people between relatively distant geographical locations, and can involve travel by foot, bicycle, automobile, train, boat, airplane, or other means.

Do Not Pay is a Robot Lawyer that helps users contest parking tickets in an easy to use chat-like interface.

Social Abuses - Discrimination

Interrogation is interviewing as commonly employed by law enforcement officers, military personnel, and intelligence agencies with the goal of eliciting useful information. Interrogation may involve a diverse array of techniques, ranging from developing a rapport with the subject, to outright torture.

Coercion is the practice of forcing another party to act in an involuntary manner by use of intimidation or threats or some other form of pressure or force. Scapegoat

Confession the speaker is providing information that he believes the other party is not already aware of, and is frequently associated with an admission of a moral or legal wrong.

Trick Questions
Remain Silent
Testimony

Questioning
Observation Flaws 

gavel Civil Liberties Union

Filming Police

Officer.com
Law Officer.com

Victims of Crimes
Prisons

Mistake Criminal Law while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the required mens rea, and so will escape liability for offences that require mens rea. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is.

Mens rea is the mental element of a crime. It is a necessary element of many crimes.
"the act is not culpable unless the mind is guilty".

Mistake of Law referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is differentiated from mistake of fact. When a party enters into a contract, without the knowledge of the law in the country, the contract is affected by such mistakes but it is not void. The reason here is that ignorance of law is not an excuse. However if a party is induced to enter into a contract by the mistake of law then such a contract is not valid.

Services
Legal Advice
Free Legal Answers
Law Help
Free Legal Questions
Answers from Lawyers
Criminal Find Law
Legal Aid Society
Legal Services Corporation
Legal Help for the Elderly
Find Lawyers, Laws, Legal Jobs
Legal Services by State
Legal Help Lawyers
Legal Zoom
Incloud Counsel
Axiom Law
Peoples Law Information

Contingent Fee is any fee for services provided where the fee is payable only if there is a favourable result.

Pro Bono is professional work undertaken voluntarily and without payment
denoting work undertaken without charge, especially legal work for a client with a low income.

Probono Legal Services
Contingency Fee Lawyers
How do I Find a Lawyer
Pro Bono
Public Counsel
Urban 75

Free Legal Forms
Find Legal Forms

Courts

Car Lemon Help

Hand Cuffs Information Resources
Copyright Information
Government Agency's
Laws and Social Justice

Legal Terms Below

Legal Support Worker Job
The Institute for Justice
Justice Initiatives Institute
Open Society Justice Initiative
Equal Justice Initiative
Legal Services Corporation
Arbitration & Mediation
Find Law
National Lawyers Guild

Juvenile & Family Court Judges
Judgepedia



Justice News


America is arresting 14 million people a year

National Association of Criminal Defense Lawyers

There are over 800,000 lawyers in America, more then 4 times the amount in the entire world combined. How could we have the most Lawyers in the world and have the most Lawlessness? There must be something wrong with the Bar Exam if most lawyers are ignorant and corrupt? But of course it's not the Lawyers, Prosecutor or Judges fault, it's our inadequate education system.

Legal Scholars (wiki)

What do you get when you cross a Godfather with a Lawyer? An offer you can't understand.
Lawyer Jokes

I never sued anyone though I had many reasons to do so. I Believe that a Lawsuit should only be about stopping a criminal from victimizing more people, or about stopping a social injustice that is abusing innocent people. It should never be about money...more

Brazil has 1,240 law schools, more than the rest of the world combined? And they have turned out some 800,000 lawyers, which means there are more lawyers per capita in Brazil than in the U.S. (the key word is per capita) There are 16,000 judges in Brazil, and many positions are not filled. 

Justice System Horror Story in Brazil

In 1997 the family sued for compensation. It wasn't until 2009, 12 years later, that Melo won against the hospital's appeal. The hospital then wrangled over the amount of compensation. The case was finally settled this year in 2014. So after 17 years of fighting in the courts over what lawyers say was a clear case of medical malpractice.

8 year old Brazilian boy passes law school entrance exam 





"Every Law Not Based on WISDOM is a Menace to the State"

"Some laws of state aimed at curbing crime are even more criminal"- Friedrich Engels

"I did not break the law, the law was already broken before I got here, so one cannot break what is already been broken. When Laws are use as weapons, we no longer communicate as humans, a law is to give reasons and not supposed to deny people their reasons. Laws are supposed to provide guidance in society, laws should not be used to attack people. How can a law deny reason?" 

Judge



Courtroom Terminology


Glossary Justice.gov
U.S. Courts Glossary
Common Legal Terms (Ct)
Legal Definitions
Black's Law Dictionary (wiki)
Law Dictionary (wiki)
The Law Dictionary.org
Legal Dictionary


Arbitration

Accused is when you are formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant.

Implicate - Evidence

Acquittal is when a person accused is not guilty of the crime for which he has been tried. A judgment of court, based on the decision of either a jury or a judge. Acquittal formally certifies that the accused is free from the charge of an offense, as far as the criminal law is concerned.

Pardon
Is it Still on your Record?

Appearance of Impropriety is a phrase referring to a situation which to a layperson without knowledge of the specific circumstances might seem to raise ethics questions. For instance, although a person might regularly and reliably collect money for her employer in her personal wallet and later give it to her employer, her putting it in her personal wallet may appear improper and give rise to suspicion, etc. It is common business practice to avoid even the appearance of impropriety.

Assistant District Attorney (ADA) is an assistant district attorney works for the elected District Attorney. An ADA will review and prosecute cases as assigned. ADA's meet with law enforcement, witnesses, and victims. They generally have authority to dispose of those cases assigned to them.

Adjournment is putting off or postponing business or a session of court until another time or place.

Adjudication is the judicial decision that ends a criminal proceeding by a judgment of acquittal, conviction, or dismissal of the case.

Affidavit is a written statement that the writer swears is true.

Aggravating Factors are factors that make a crime worse than most similar crimes. Aggravating factors are often defined by law and include such things as: victim very old, gang related, done for hire, especially cruel, defendant does not support his family, or took advantage of a position of trust.

Aggravated Range indicates a sentence that is more severe than the “presumed” sentence for a given crime. A defendant may receive more time if the judge finds aggravating factors. If no aggravating factors are found, the sentence will come from either the “presumptive” or “mitigated” range.

Alleged is something said to be true, but not yet proven to be true; until the trial is over, the crime may be called the “alleged crime.”

Allegations is a formal accusation against somebody (often in a court of law). Statements affirming or denying certain matters of fact that you are prepared to prove.

Appeal is a request by either the defense or the prosecution that a higher court review the results of a decision on certain motions or in a completed trial. This can be an appeal from superior court to an appeals court, or an appeal from district court to superior court for a trial. Appellate Court

Arbitration is a hearing and determination of a dispute by an impartial referee agreed to by both parties The act of deciding as an arbiter; giving authoritative judgment. Mandatory binding arbitration is a process by which parties “agree” to have a third party arbitrator (single arbitrator or a panel), instead of a jury or judge, resolve a dispute. Arbitrators are not required to have any legal training and they need not follow the law. Warning! Warning!

Arbiter is someone with the power to settle matters at will. Someone chosen to judge and decide a disputed issue.

Arbitration Clause is Signing Away Your Right to Sue. Waiving your right to sue. Warning! Waiver is the voluntary relinquishment or surrender of some known right or privilege.

Arraignment is to bring a prisoner before a judge to ask how he pleads to the charges against him. Arraignment

Arrest warrant is a written order issued by the District court or magistrate including a statement of the crime of which the person to be arrested is accused, and directing that the person be arrested and held to answer the accusation before a magistrate or other judge. 

Assailant is a person identified as the attacker.

Authority

Attorney a practicing Lawyer in certain jurisdictions. The term has its roots in the verb to "attorn", meaning to transfer one's rights and obligations to another. Bad Attorney's

Bail is an amount of money set by the court that allows a person charged with a crime to be released from custody. The purpose of bail is to insure that the offender will return to court. Bail Bonds

Bailiff is a uniformed officer who keeps order in the courtroom.

Barratry is the act of repeated legal actions for the purpose of greed or harassment. Barratry (common law)

Bench is how the judge is sometimes referred to as in “the bench;” also where the judge sits during the proceedings.

Bench Warrant is an order issued by a judge to bring to court an accused person who has been released before trial and does not return to court when ordered to do so; or a witness who has failed to appear when ordered to do so.

Beyond a Reasonable Doubt is the degree of proof needed for a jury or judge to convict an accused person of a crime. Terry Stop

Bond in criminal court, a term meaning the same thing as “bail;” generally a certificate or evidence of a debt.
Bond Types

Bond Forfeiture is a hearing to determine if the bond on a defendant is to be forfeited after a defendant fails to show for court. Forfeited bond money goes to the public schools.

Bondsman is also Bail Bondsman, a licensed person or person working for a licensed company, who will post bond for a defendant upon payment of a fee. The fee is generally fifteen per cent (15%) of the bond.

Booking is an official police record of the arrest of a person accused of committing a crime which identifies the accused, the time and place of arrest, the arresting authority, and the reason for the arrest.

Calendar is a document listing cases for hearing before a court. Calendars may be for district court, superior court, motions, forfeitures, criminal docket management, plea, or trials.

Capital Case is a first-degree murder case in which the jury can impose either a life sentence or the death penalty. If a person is guilty of first-degree murder and there are any statutory aggravating factors then the State has to seek the death penalty.

Charge is the formal accusation filed by the prosecutor’s office that a specific person has committed a specific crime; the filing may be called “pressing charges.” Criminal Charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including: complaint, information, indictment, citation, traffic ticket. The charging document is what generally starts a criminal case in court. But the procedure by which somebody is charged with a crime and what happens when somebody has been charged varies from country to country and even, within a country, from state to state. Before a person is proven guilty, the charge must be proven beyond a reasonable doubt. Charges Dropped by the prosecutor may happen for several reasons: New, credible witnesses have come forward to refute the current witnesses' stories. The defense has enough evidence to sway a jury in their favor. The physical evidence against the accused is weak. New evidence exonerates the accused. An example of this is DNA evidence that was not available when the crime occurred. The prosecution's best evidence has been ruled inadmissible. This can happen if the evidence was obtained without a valid warrant. The prosecutor may drop more serious charges in exchange for a guilty plea to lesser charges.

Circumstantial Evidence

Challenging is to raise a formal objection in a court of law.

Citation is the act of citing (as of spoken words or written passages or legal precedents etc.).
Citation is a summons that commands the appearance of a party at a proceeding.
Case Citation is a system used by legal professionals to identify past court case decisions called a Law Report, which are a series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.

Clerk of Court is an officer of a court of justice who has charge of the clerical part of its business -- who keeps its records and seal, issues process, enters judgments and orders, gives certified copies from the records, et cetera.

Commitment is the warrant or order by which a court or magistrate directs an officer to take a person to prison.

Complaint is a term in civil cases that signifies a filing of a suit. In criminal court, the complaint is the reporting of a crime to authorities. Complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).

Nuisance means something that causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. Bias - Perception

Contempt of Court is the offence of being disobedient to or discourteous towards a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. It manifests itself in willful disregard of or disrespect for the authority of a court of law, which is often behavior that is illegal because it does not obey or respect the rules of a law court.

Bad Judges - Censorship - Freedom of Speech - Appeals

Concurrent Sentence is when two or more sentences are served at the same time. Running together; Opposite of consecutive sentence.

Consecutive Sentence is one sentence beginning at the completion of another. Successive; Succeeding one another in regular order.

Contest is to make the subject of dispute, contention, or litigation. Will Contest is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will) or that the will is otherwise invalid.

Continuance is a postponement of a court hearing; putting it off until another day.

Criminal Court is a court that hears cases concerned with the alleged violation of criminal law.
Courts

Criminal Justice System are the government agencies in charge with law enforcement, prosecution of alleged violations of the criminal law, the court hearing of charges against the accused, and the punishment and supervision of those convicted.

Criminal Law is the law whose violation is considered an offense against the state and is punishable upon conviction by imprisonment and other penalties for adult offenders and by action of a juvenile court for juvenile offenders.

Cross Examination is the examination of a witness by the party opposed to the one who produced him during a trial or hearing, or upon taking a deposition.

District Attorney (DA) commonly refers to an attorney for the community elected by the people in his district to represent the interests of the general public, including crime victims, in court proceedings against people accused of committing crimes. Other jurisdictions use other terms: Prosecutor, such as U.S. Attorney (a federal prosecutor), solicitor, or state’s attorney.

Defendant is a person who has been formally charged with committing a crime; the person accused of a crime. Defendant
is a person or entity accused of a crime in criminal prosecution or a person or entity against whom some type of civil relief is being sought in a civil case. Plaintiff

Defense Attorney is the lawyer who represents the defendant in legal proceedings. Victims are usually not required to speak with defense attorneys except in court, but may do so if they choose.

Deferred Sentence is when a defendant enters a guilty plea, receives probation for a certain amount of time, and gives up the right to trial. The DA dismisses the case if the probation is completed successfully.

Deposed is to testify to or give (evidence) on oath, typically in a written statement.

Direct Examination is the first interrogation or examination of a witness during trial by the party on whose behalf he is called.

Discovery is the process by which the DA provides to a Defense Attorney information gathered during the investigation of a felony; the ascertainment of that which was previously unknown.

Dismissal is a decision by the prosecutor or other judicial officer to end a case for legal or other reasons.

Disposition is the final judicial decision which ends a criminal proceeding by a judgment of acquittal or dismissal, or which states the sentence if the accused is convicted.

District Attorney is an official elected by the people of the community in his/her district to represent the interests of the general public, including crime victims, in court proceedings against people accused of committing crimes. Some jurisdictions use other terms: such as prosecutor, U.S. Attorney (a federal prosecutor), solicitor, or state’s attorney.

District Attorney’s Report is a report that is prepared by law enforcement in felony cases to inform the District Attorney what the facts are in a case. This is also known as a “felony report.”

District Court is where misdemeanor cases are heard concerning the violation of state statutes.

Double Jeopardy is putting a person on trial more than once for the same offense; double jeopardy is forbidden by the U.S. Constitution.

Due Process is the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards.  Due Process

Electronic House Arrest is when defendants are placed on supervised probation and monitored electronically twenty-four hours a day. Defendants on this program must remain in their homes when not at their employment or receiving treatment. A response team responds to violations twenty-four hours a day.

Endorsement of Witnesses is when all prosecution witnesses must be named.

Enhanced Intensive Probation is intensive probation with the added requirement of electronic monitoring of the defendant similar to that used in electronic house arrest.

Exculpatory is clearing or tending to clear from alleged fault or guilt.

Ex parte is on one side only, done for one party.

Expert Witness is a person possessing special or peculiar knowledge acquired from practical experience, training and education. A woman or a man with a degree, or accreditation pertaining to a particular science specialty.

Expert witness (wiki) - Bias
Eye Witness Failures
Consensus
Experts?

Cross-Examination is the interrogation of a witness called by one's opponent.

Direct Examination is the questioning of a witness by the party who called him or her, in a trial. Direct examination is usually performed to elicit evidence in support of facts which will satisfy a required element of a party's claim or defense.

Questioning - Trick Questions

Allegation is a claim of a fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions without evidence.

False Accusations is when there is insufficient supporting evidence to determine whether an accusation is true or false, it is described as "unsubstantiated" or "unfounded".

Hearsay is something that was heard through another person rather than directly from the person. Something that can not be verified is mostly just Gossip.

Propaganda

Beyond Reasonable Doubt is evidence that is beyond reasonable doubt and is the standard of evidence required to validate a criminal conviction in most adversarial legal systems. Reasonable Doubt must be proven to the extent that there could be no "reasonable doubt" in the mind of a "reasonable person" that the defendant is guilty. There can still be a doubt, but only to the extent that it would not affect a reasonable person's belief regarding whether or not the defendant is guilty. Beyond "the shadow of a doubt" is sometimes used interchangeably with beyond reasonable doubt, but this extends beyond the latter, to the extent that it may be considered an impossible standard. The term "reasonable doubt" is therefore used.

Legal Burden of Proof is the duty of a party in a trial to produce the evidence that will shift the conclusion away from the default position to that party's own position. Proof

Probable Cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal. The standard also applies to personal or property searches.

Suspicion (emotion) is a cognition of mistrust in which a person doubts the honesty of another person or believes another person to be guilty of some type of wrongdoing or crime, but without sure proof.

Reasonable Suspicion must be based on "specific and articulable facts", "taken together with rational inferences from those facts", and the suspicion must be associated with the specific individual.

Jury Instructions

"Specific Facts that can be expressed using words with Rational Inferences from those facts"

Extradition is the surrender by one state to another of an individual accused or convicted of an offense outside its own territory and within the territorial jurisdiction of the other.

Evidence is witnesses, expert testimony and physical evidence, which is any material object that proves a fact in issue based on the object's demonstrable physical characteristics.

False Evidence (probable cause)

Forged Evidence - an item or information manufactured, or altered, to support some agenda, is not admissible in many courts, including U.S. criminal courts.
Planted Evidence - an item or information which has been moved, or planted at a scene, to seem related to the accused party, is not admissible in many courts, including U.S. criminal courts.
Tainted Evidence - information which has been obtained by illegal means or has been revealed (or traced) using evidence acquired by illegal search, and/or seizure, is called the "fruit of the poisonous tree" and is not admissible in many courts, including U.S. criminal courts.
Parallel construction - tainted evidence, where the origin of the evidence is untruthfully represented, preventing discussion of whether it was legally obtained or not.
Suppressed Evidence - an item or information which a court judge has ruled as "inadmissible" is forbidden to be presented in a court case. Suppressed evidence might be excluded because it was found hidden or locked away in areas the accused could not be proven to know. Motion to Suppress (wiki)

How to Challenge Evidence in Court

Inadmissible Evidence (unreliable, not based on facts)

What if a Lawyer withholds evidence from their client that hurts the client?

The Right to Evidence Disclosure
The defense is entitled to know about the prosecution’s case before trial. Someone who’s been formally accused of a crime is normally entitled to certain kinds of evidence and information. In general, a defendant has a right to receive this kind of material, called “discovery,” before trial. But the prosecution’s duty to hand over discovery is usually ongoing—it doesn’t end merely because a trial has begun.

Exculpatory Evidence
The Constitution does, however, require that the prosecution disclose to the defense exculpatory evidence within its possession or control. “Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. (Giglio v. United States, 405 U.S. 150 (1972).)  Exculpatory Evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt. In many countries, including the United States, police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant
enters a plea (guilty or not guilty).

Estoppel is preventing someone from asserting a particular fact in court, or exercising a certain right, or from bringing a particular claim.

Validation

Evidence (science)

Trier of Fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred. Various aspects of a case that are not in controversy may be the "facts of the case" and are determined by the agreement of the separate parties; the trier of fact need not decide such issues.

Brady Violations. If the defense learns about a Brady violation.

Brady Disclosure is the suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses. Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution. Consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant.

Discovery (law) is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Presumption (law) is an inference of the truth of a fact from other facts proved or admitted or judicially noticed.

Questions for Your Attorney
What are the procedures for obtaining discovery in my case?
How does the defense get discovery from a third party (someone or some entity other than the prosecution)?
When in the proceedings does the prosecution have to provide discovery?
What happens when evidence that should be disclosed is lost or destroyed?
Does anything else, like ethics rules or the state constitution, require that the prosecution disclose more material?
Are depositions allowed in my jurisdiction?
What remedies are available in my jurisdiction if the prosecution violates its discovery duties?
What kind of discovery does the defense have to provide the prosecution?

Failure to Appear (FTA) is when the defendant does not appear for court, order for arrest is issued.

Felony is a crime of graver or more atrocious nature than those designated as misdemeanors, carrying more potential jail time for an offender.

Fugitive is one who flees or escapes from some duty or penalty.

Guilty is the state of being responsible for the commission of an offense.

Guilt (Law) means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute.

Not Guilty

Complicity is guilt as an accomplice in a crime or offense.
Complicit
is having complicity, involved with a crime or offense.

Concurrence is the apparent need to prove the simultaneous occurrence of both actus reus ("guilty action") and mens rea ("guilty mind"), to constitute a crime; except in crimes of strict liability. In theory, if the actus reus does not hold concurrence in point of time with the mens rea then no crime has been committed.

Grand Jury is a Jury composed of eighteen citizens meet in felony cases to determine whether a crime probably occurred and whether the defendant probably committed the crime. If twelve of the eighteen jurors, agree then they return a true bill of indictment. The office of the District Attorney prepares indictments.

Habeas Corpus is the civil right to obtain a writ of habeas corpus as protection against illegal imprisonment.  A writ ordering a prisoner to be brought before a judge. Habeas Corpus

Writ (law) a legal document issued by a court or judicial officer.

Hearing

Hung Jury is a jury whose members cannot agree whether the accused is guilty or not; mistrial.

Impeach is to discredit the truthfulness of a witness. Competence

Indictment is a formal written accusation, made by a grand jury after submission by the prosecutor and filed in a court, alleging that a specific person committed a specific crime. The office of the District Attorney prepares Indictments, a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the concept of felonies often use that of an indictable offence—an offence that requires an indictment.

Implicated
is to show (someone) to be involved in a crime.

Indigent is an accused person who has been found by the court to be too poor to pay for his/her own attorney.

Infraction are minor violations of the law that do not rise to the level of misdemeanor. Driving offense make up the bulk of charges designated as infractions.

Innocent is being free from guilt; Free from legal fault. This should not be confused with the term “not guilty.” Not guilty is a verdict by a judge or a jury that a person accused of a crime did not commit it or that there is not enough evidence to prove beyond a reasonable doubt that the accused committed the crime. 

Miscarriage of Justice
False Criminal Allegations
False Accusation
Malicious Prosecution
Vexatious Litigation - Legal Threat
Abuse of Process
Trick Questions

Intensive Probation is when defendants are on supervised probation, have curfews, and see probation officer at least once a week.

Investigation is the gathering of evidence by law-enforcement officials (and in some cases prosecutors) for presentation to a grand jury or in a court, to prove that the accused did commit the crime. Journalism 

Jail is a confinement facility. Technically, a jail is administered by a local law-enforcement agency for adults and sometimes juveniles who have been accused of committing a crime but whose trials are not yet over, and persons who have been convicted and sentenced to imprisonment for one year or less.

Judge is a judicial officer who has been elected or appointed to preside over a court of law. Judges

Judgment is a court’s final determination of the rights and obligations of the parties in a case. This may be in answer to a motion or trial.

Jury is a group of citizens who decide whether the accused is guilty or not. They are selected by law and sworn to determine certain facts by listening to testimony in order to reach a decision as to guilt or innocence.

Grand Jury is a legal body empowered to conduct official proceedings and investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may compel the production of documents and compel sworn testimony of witnesses to appear before it. Grand jury is separate from the courts, which do not preside over its functioning.

Hung Jury is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority.

Mistrial
Jury Instructions

Jury Selection is the process by which the judge, the prosecutor, and the defense attorney screen citizens who have been called to jury duty to determine if they will hear the evidence and decide guilt or innocence in a particular trial.

Jury Nullification occurs in a trial when a jury acquits a defendant they believe to be guilty of the charges against them. This may occur when members of the jury disagree with the law the defendant has been charged with breaking, or believe that the law should not be applied in that particular case. A jury can similarly convict a defendant on the ground of disagreement with an existing law, even if no law is broken (although in jurisdictions with double jeopardy rules, a conviction can be overturned on appeal, but an acquittal cannot). Jury Nullification is a finding by a trial jury in contradiction to the jury's belief about the facts of the case.

Juvenile is a person accused of an offense who is too young at the time of the alleged offense to be subject to criminal court proceedings as an adult and is therefore handled in the juvenile justice system.

Justice is judgment involved in the determination of rights and the assignment of rewards and punishments. Justice is the quality of being just or fair. Justice is the legal or philosophical theory by which fairness is administered by a public official authorized to decide questions brought before a court of justice. Ensure observance of laws and rules. Justice a concept of moral rightness based on ethics, rationality, law, religion, equity and fairness.

Department of Justice - Justice just doesn't happen on its own, people need to make justice happen.

Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Those accused of crime have some protections against abuse of investigatory and prosecution powers.

Interactional Justice consists of two specific types of interpersonal treatment. Interpersonal justice, reflects the degree to which people are treated with politeness, dignity, and respect by authorities or third parties involved in executing procedures or determining outcomes. And informational justice, that focuses on the explanations provided to people that convey information about why procedures were used in a certain way or why outcomes were distributed in a certain fashion.

Retributive Justice is A Theory of Justice which holds that the best response to a crime is a proportionate punishment, inflicted for its own sake rather than to serve an extrinsic social purpose, such as deterrence or rehabilitation of the offender. Retributivists hold that when an offender breaks the law, justice requires that the criminal suffer in return. They maintain that retribution differs from revenge, in that retributive justice is only directed at wrongs, has inherent limits, is not personal, involves no pleasure at the suffering of others and employs procedural standards.

Forgive - Not Guilty

Retribution a theory of justice that considers proportionate punishment an acceptable response to crime.

Social Justice is the fair and just relation between the individual and society. The process of ensuring that individuals fulfill their societal roles and receive what was their due from society. This is measured by the explicit and tacit terms for the distribution of wealth, opportunities for personal activity and social privileges.

Obstruction of Justice refers to the crime of obstructing prosecutors or other investigating officials from accurately determining the severity of a law that has been broken. Perverting the course of justice. Flawed Testimony.

Contempt of Court is the offence of being disobedient to or disrespectful towards a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. It manifests itself in willful disregard of or disrespect for the authority of a court of law, which is often behavior that is illegal because it does not obey or respect the rules of a law court.

Distributive Justice concerns the nature of a socially just allocation of goods in a society.

Procedural Justice is the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings. Procedural justice concerns the fairness and the transparency of the processes by which decisions are made, and may be contrasted with distributive justice (fairness in the distribution of rights or resources), and retributive justice (fairness in the punishment of wrongs).

A Theory of Justice is a work of political philosophy and ethics by John Rawls, in which Rawls attempts to solve the problem of distributive justice (the socially just distribution of goods in a society) by utilising a variant of the familiar device of the social contract. The resultant theory is known as "Justice as Fairness", from which Rawls derives his two principles of justice: the liberty principle and the difference principle. First published in 1971, A Theory of Justice was revised in both 1975 (for the translated editions) and 1999.

Justice as Fairness is an essay by John Rawls, published in 1985 that describes his conception of justice. It comprises two main principles of liberty and equality; the second is subdivided into Fair Equality of Opportunity and the Difference Principle.

Injustice or Unjust is the practice of being unjust or unfair. Not fair; marked by injustice or partiality or deception. Violating principles of justice. Not equitable or fair. Fair is being free from favoritism or self-interest or bias or deception; conforming with established standards or rules.

Unwarranted is incapable of being justified or explained. Without a basis in reason or fact. Lacking justification or authorization.

Miscarriage of Justice is the conviction and punishment of a person for a crime they did not commit.

Perverting the course of Justice is an offence committed when a person prevents justice from being served on him/herself or on another party.

False Evidence is information created or obtained illegally, to sway the verdict in a court case.

False Accusation is when there is insufficient supporting evidence to determine whether an accusation is true or false, it is described as "unsubstantiated" or "unfounded". Accusations that are determined to be false based on corroborating evidence can be divided into three categories: An allegation that is completely false in that the events that were alleged did not occur; An allegation that describes events that did occur, but were perpetrated by an individual who is not accused, and in which the accused person is innocent. An allegation that is partially true and partially false, in that it mixes descriptions of events that actually happened with other events that did not occur.

Malicious Prosecution intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.

Perjury - Color of Law

Remedy

Lawyer is a person who practices law, as an advocate, barrister, Attorney, counselor or solicitor or chartered legal executive. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across legal jurisdictions, and so it can be treated here in only the most general terms.

Bar Examination is a test intended to determine whether a candidate is qualified to practice law in a given jurisdiction.

American Bar Association
American Bar - Bad Lawyers
List of Law Schools in the United States (wiki)

Lawyer Services - Always Negotiate Legal Bills to Avoid Fee Disputes like overbilling and Bill Padding. Have a Signed Fee Agreement and have the lawyer list Expenses if you are being charged for expenses.

Law Degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license. A legal license is granted (typically by examination) and exercised locally; while the law degree can have local, international, and world-wide aspects- e.g., in Britain the Legal Practice Course is required to become a British solicitor or the Bar Professional Training Course (BPTC) to become a barrister.

Legal Education is the education of individuals in the principles, practices, and theory of law. It may be undertaken for several reasons, including to provide the knowledge and skills necessary for admission to legal practice in a particular jurisdiction, to provide a greater breadth of knowledge to those working in other professions such as politics or business, to provide current lawyers with advanced training or greater specialisation, or to update lawyers on recent developments in the law.

Legislature
or law-maker are persons who make or amend or repeal laws.
State Legislatures full and part time. While a few big states have full-time legislatures with higher pay (California pays lawmakers $100,113 a year and Pennsylvania pays $85,339) but in most states, legislators are paid like it's a part-time job. Lawmakers in Georgia make $17,342 a year, plus a per diem for lodging and meals when the legislature is in session and reimbursement for mileage. Serving in the Georgia Legislature is considered a part-time job but it took much more of Jones' time than that and she had to hire extra help for her law firm. 30 states pay $30,000 a year or less to legislators. New Mexico doesn't pay lawmakers at at all while those in New Hampshire make just $200 per two year term.

Magistrate is person who can issue warrants when a person is accused of a crime. The are clothed with power as a public civil officer and have additional duties such as setting bond, hearing small claims, and accepting payment for certain infractions and misdemeanors. Judge

Mediation

Misdemeanor are offenses lower than felonies and generally those punishable by fine or imprisonment otherwise than in penitentiary. These crimes are generally punishable by no more than 150 days in jail.

Mitigating Factor is a factor that makes a crime less deserving of punishment than most similar crimes. Mitigating factors are often defined by law and include such things as: defendant was very young; the person was honorably discharged from the armed forces, et cetera.

Not Guilty is a verdict by a judge or a jury that a person accused of a crime did not commit it or that there is not enough evidence to prove beyond a reasonable doubt that the accused committed the crime.

Vindicated
is freed from any question of guilt. Show to be right by providing justification or proof. Maintain, uphold, or defend. Clear of accusation, blame, suspicion, or doubt with supporting proof.

Vacear Hearing is vacating a judgment. Conviction Review Unit (CRU) - Advising Clients of Arbitration Awards and Vacatur of an Award.

Warning:
Please be aware that Pleading Guilty gives up Certain Rights.

Not Guilty Plea
is a formal response by a person accused of committing a specific crime in which the accused says that the charges are not true and he did not commit the crime.

No Contest is a no-contest plea. Latin for "I do not wish to contend" The defendant neither admits nor disputes a charge has the same immediate effect as a guilty plea, and is often offered as a part of a
plea bargain. Nolo Contendere

Notice is a written order to appear in court at a certain time and place.

Offender an adult who has been convicted of a crime.

Offense is a crime; technically, in some jurisdictions, only the most minor crimes are called offenses.

Objection is a procedure whereby a party to a suit says that a particular line of questioning or a particular witness or a piece of evidence or other matter is improper and should not be continued and asks the court to rule on its impropriety or illegality. The act of expressing earnest opposition or protest.

Opening Statement is an outline of anticipated proof. Its purpose is to advise the jury prior to testimony of the facts relied upon and of issues involved; and to give the jury a general picture of the facts and the situations so that the jury will be able to understand the evidence.

Order of Arrest is an order for the arrest of a defendant following the filing of charges or failure to appear when required by the court.

Paralegal is an individual, qualified by education, training or work experience, who is employed or retained by a lawyer, law office, corporation, governmental agency, or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. A legal assistant, also called a paralegal, works either with individual lawyers at a firm or with legal teams.

Parole is the conditional release of a convicted offender from a confinement facility before the end of his sentence with requirements for the offender’s behavior set and supervised by a parole agency.

Penitentiary is a state or federal prison.

Perjury is deliberate false testimony under oath involving a material fact.

Perpetrator is a person who actually commits a crime.

Personal Recognizance is the promise of an accused person to the court that he will return to court when ordered to do so; given in exchange for release before and during his trial.

Petition is a document filed in juvenile court alleging that a juvenile should come under the jurisdiction of the juvenile court for some offense or asking that the juvenile be transferred to criminal court for prosecution as an adult. Petitions

Plea is a defendant’s formal answer in court to the charge that he has committed a crime. Some possible pleas include: guilty, not guilty, no contest, or not guilty by reason of insanity. Plea

Plea Bargain (agreement) is a plea agreed to by a defendant and the prosecutor; a negotiated plea that may set out exact terms relating to punishment and disposition of a case.  Plea Bargain

Pre-Sentence Investigation (PSI) is a report compiled by the Probation Department after plea and before sentencing to make sentencing recommendations to the judge.

Probation is conditional freedom granted to an offender by the court after conviction or guilty plea with requirements for the offender’s behavior set and supervised by the court.

Probation Hearing is a hearing before a judge to review the performance of a defendant while on probation. Hearings are not generally held unless a probationer has violated some term of their probationary sentence.

Prosecutor is an attorney for the community elected by the voters of a district to represent the interests of the general public, including crime victims, in court proceedings against people accused of committing crimes. Some jurisdictions use other terms for the prosecutor, such as U.S. Attorney (a federal prosecutor), district attorney, or state’s attorney. Prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

Special Prosecutor is a lawyer from outside the government appointed by an attorney general or, in the United States, by Congress to investigate a government official for misconduct while in office. A reasoning for such an appointment is that the governmental branch or agency may have political connections to those it might be asked to investigate. Inherently, this creates a conflict of interest and a solution is to have someone from outside the department lead the investigation.

Internal Affairs - Ombudsman - Watchdogs

Public Defender is an attorney employed by a government agency to represent defendants who are unable to hire private counsel.

Remand is to send back to a lower court. Typically refers to a situation where a Defendant in Superior Court asks to return a misdemeanor conviction to District Court for compliance with the judgment of that court.

Remedy is an act of correcting an error or a fault or an evil. Set straight or right. Provide relief for. Legal Remedy, or judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of Civil law Jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will. Equitable Remedy.

Appeals

Reparations is compensation given for an abuse or injury.

Restitution is a state law that allows the prosecutor to request restitution (repayment for the victim’s losses) as part of the sentence of any defendant who is found guilty of a crime. Reimbursable losses include out-of-pocket expenses (such as repair costs, medical bills, and stolen property) which have not previously been covered. Restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court orders restitution it orders the defendant to give up his/her gains to the claimant. When a court orders compensation it orders the defendant to pay the claimant for his or her loss.

Declaration (law) refers to a judgment of the court or an award of an arbitration tribunal is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a declaratory judgment. Less commonly, where declaratory relief is awarded by an arbitrator, it is normally called a declaratory award.
Justice

Retainer is the fee a defendant pays for an attorney to represent him.

Rights of the Defendant are the powers and privileges which are constitutionally guaranteed to any person arrested and accused of committing a crime including: the right to remain silent; the right to an attorney at all stages of the proceedings; the right to a court-appointed attorney if the defendant does not have the financial means to hire her/his own counsel; the right to release on reasonable bail; the right to a speedy public trial before a jury or judge; the right to the process of the court to subpoena and produce witnesses; the right to see, hear and question the witnesses during the trial; and the right not to incriminate himself/herself.

Search Warrant is an order in writing, issued by a judge or magistrate, in the name of the state, directed to a sheriff, or other officer, commanding him to search a specific house, shop, or other premises, for specific property related to a crime.

Sentence (law) is a decree of punishment. In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime.

Statute is an act of the legislature declaring, commanding, or prohibiting something. A law.

Statute of Limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated. When the period of time specified in a statute of limitations passes, a claim might no longer be filed, or, if filed, may be liable to be struck out if the defense to that claim is, or includes, that it is statute barred as having been filed after the limitations period. The intention of these laws is to facilitate resolution within a "reasonable" length of time. What period of time is considered "reasonable" varies from country to country, and within countries such as the United States from state to state, and within countries and states from civil or criminal action to civil or criminal action. Some countries, and some crimes (depending on the country), have no statute of limitations whatsoever. In civil law systems, similar provisions are typically part of their civil or criminal codes and known collectively as periods of prescription. The cause of action dictates the statute of limitations, which can be reduced (or extended) to ensure a fair trial. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Analysis of a statute of limitations includes the examination of any associated statute of repose, tolling provisions, and exclusions.

Subpoena is a court paper requesting the appearance of a witness or documents to be present at a court proceeding.

Summons is a citation requiring a defendant to appear in court to answer a suit to which has been brought against him.  Summons is a legal document issued by a court. Citation

Superior Court is a Court - Judges

Suspect is a person who is believed by criminal justice officials to be one who may have committed a specific crime, but who has not been arrested or formally charged. Once arrested a suspect is called a defendant.

Testimony are the statements made in court by people who have sworn or affirmed to tell the truth.
Testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury.

Confession

Transcript is a verbatim writing of what was said in court during a trial, or a paper writing setting out terms of a plea taken from a defendant. Also a copy of an original writing or deed. Verbatim is exactly the same words used by a writer or speaker.

Trial is an examination of issues of fact and law before a judge and sometimes a jury at which evidence is presented to determine whether or not the accused person is guilty of committing a specific crime.  Right to a Fair Trial

Traffic Court is an administrative court that hears only traffic matters, usually uncontested.

U.S. Attorney is a Federal Prosecutor.

Vacated Judgment

Venue is a neighborhood, place, or county in which an injury or crime was done; or where a hearing/trial is held.

Verdict is the decision of a judge or jury at the end of a trial that the accused defendant is either guilty or not guilty.

Victim Compensation Program is a program of the state designed to provide compensation to victims of certain crimes for their damages and expenses. Initial application for funds is generally made through the office of the District Attorney through the use victim impact statements.

Victim Impact Statement is a form provided to allow victims of crime to provide the court with their comments about the impact the crime had on them.

Victim Witness Assistant are employees of the District Attorney's Office that are assigned to provide information and assistance to the victims of crime. They act as liaison between the victim and the Assistant District Attorney assigned to a case.

Waiver is the intentional or voluntary relinquishment of a known right.

Warrant is a writ from a court commanding police to perform specified acts based on reasonable adequate facts. Warrant (law) refers to a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the written protection from damages if the act is performed. According to the U.S. Constitution, the person being investigated, arrested or having their property seized is given a copy.

Arrest Warrant or Bench Warrant is a warrant authorizing law enforcement officials to apprehend an offender and bring that person to court.

Search Warrant is a court order that a magistrate, judge or Supreme Court official issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries a search warrant cannot be issued in aid of civil process.

Witness is a person who has directly seen an event, such as a crime or who has other knowledge that is related to a court case; or some thing, such as a piece of physical evidence.

Witness Tampering - Expert Witness

Writ of Execution is a writ to put in force the judgment of decree of a court.






Will - Trust


Administrator (law) a person appointed by the court to handle the estate of someone who died without a will. (administrator of an estate). Settler is a a negotiator who settles disputes.

Executor a person named by the maker of a will or nominated by the testator to carry out the instructions of the will. Is someone who is responsible for executing, or following through on, an assigned task or duty. An executor is a person or institution appointed by a testator to carry out the terms of their will. (Executor Office).

Settlor of a trust is the person who creates the trust. It's a person who settles property on trust law for the benefit of beneficiaries. In some legal systems, a settlor is also referred to as a trustor, or occasionally, a grantor or donor. Where the trust is a testamentary trust, the settlor is usually referred to as the testator. The settlor may also be the trustee of the trust (where he declares that he holds his own property on trusts) or a third party may be the trustee (where he transfers the property to the trustee on trusts). The settlor does two things. First, the settlor establishes the legal document that contains the trust's terms. Second, the settlor then transfers property into the trust, which is also known as funding the trust.

Revocable trusts and settlors
is the most common example of the settlor having multiple roles involves revocable trusts. Also known as living trusts, a revocable trust typically has the settlor also acting as the trustee of the trust as well as remaining one of the trust's primary beneficiaries. With a revocable trust, the settlor usually retains the right to make changes to any of the trust's terms at any time, including even the ability to terminate the trust and take back all of its property. Even though the settlor maintains substantial control in a typical revocable trust situation, the trust document will clearly state limitations on that power. For instance, if the settlor becomes unable to manage his or her own financial affairs, then a successor trustee can take control of the trust pursuant to its terms. The trust document will often include provisions that state conditions under which power can pass to a successor trustee.

Irrevocable trusts and settlors is with an irrevocable trust, the situation is quite different for the settlor. Most of the time, a settlor will establish an irrevocable trust for someone else's benefit. In that case, the trustee must follow the terms of the trust document, and the settlor does not retain the ability to make changes to the trust after its formation.

Cestui que is the person for whose benefit the trust is created. The person for whose use the feoffment was made. Feoffment was the deed by which a person was given land in exchange for a pledge of service.

William "Bill" Foust - Executor, Advocate & Revocate (youtube)

Power of Attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other. The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent or, in some common law jurisdictions, the attorney-in-fact (attorney for short). Formerly, a power referred to an instrument under seal while a letter was an instrument under hand, but today both are signed by the grantor, and therefore there is no difference between the two.

A Representative could sign on someone else's behalf. It's called procuration (p.p.) But when the person is deceased or incapacitated, then you need to have a power of attorney.

You can Revoke your Power of Attorney whenever you want, as long as you are mentally competent. This revocation should be in writing, signed by you in front of a notary public, and delivered to the attorney-in-fact and any third parties with whom your agent has been in contact.

Authorized Representative is the person you designate to assist or handle affairs related to your health care services. This may be someone you designate as a Power of Attorney, a family member, friend, caregiver, or an advocate you assign to assist with an exception, appeal or grievance. Responsibility

Conservatorship is a guardian or a protector is appointed by a judge to manage the financial affairs and/or daily life of another due to physical or mental limitations, or old age. The conservator may be only of the "estate" (financial affairs), but may be also of the "person," wherein he/she takes charge of overseeing the daily activities, such as health care or living arrangements of the conservatee.

Legal Guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. Guardians are typically used in three situations: guardianship for an incapacitated senior (due to old age or infirmity), guardianship for a minor, and guardianship for developmentally disabled adults.

Agent is a representative who acts on behalf of other persons or organizations.

Fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other asset for another person.

Testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will.

Will and Testament is a legal document by which a person, the testator, expresses his or her wishes as to how his or her property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution. For the devolution of property not disposed of by will, see inheritance and intestacy.

Trust Law is a relationship whereby property is held by one party for the benefit of another. A trust is created by a settlor, who transfers property to a trustee. The trustee holds that property for the trust's beneficiaries. English Trust Law concerns the creation and protection of asset funds, which are usually held by one party for another's benefit.
Constructive Trusts in English Law

English Law are a form of trust created by the courts primarily where the defendant has dealt with property in an "unconscionable manner", but also in other circumstances; the property will be held in "constructive trust" for the harmed party, obliging the defendant to look after it.

Beneficiary is a natural person or other legal entity who receives money or other benefits from a benefactor. For example, the beneficiary of a life insurance policy is the person who receives the payment of the amount of insurance after the death of the insured. Third-Party Beneficiary in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been an active party to the contract.

Inheritance is the practice of passing on property, titles, debts, rights, and obligations upon the death of an individual. The rules of inheritance differ between societies and have changed over time.

Trustee refers to any person who holds property, authority, or a position of trust or responsibility for the benefit of another. A trustee can also refer to a person who is allowed to do certain tasks but not able to gain income. The Trustee Act, 1893

Public Trustee is an office established pursuant to national (and, where applicable, state or territory) statute, to act as a trustee, usually where a sum is required to be deposited as security by legislation, where courts remove another trustee, or for estates where either no executor is named by will or the testator elects to name the Public Trustee.

Estate (law) is the net worth of a person at any point in time alive or dead. It is the sum of a person's assets – legal rights, interests and entitlements to property of any kind – less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person.
Property List Attachment "A"

Literary Estate of an author who has died will consist mainly of the copyright and other intellectual property rights of published works, including for example film and translation rights. It may also include original manuscripts of published work, which potentially have a market value, unpublished work in a finished state or partially completed work and papers of intrinsic literary interest such as correspondence or personal diaries and records. In academia, the German term Nachlass for the legacy of papers is often used. A literary executor is a person granted (by a will) decision-making power in respect of a literary estate.

Digital Inheritance is the process of handing over (personal) digital media in the form of digital assets and rights to (human) beneficiaries. The process includes understanding what digital assets and rights exist and dealing with them after a person has died. A Digital Executor is responsible for managing your digital assets after you die, paying any debts or maintenance fees on behalf of your digital estate, and making sure that your digital assets are distributed to the people you want in the way you want.

UCC-1 Uniform Commercial Code-1 is a legal form that a creditor files to give notice that it has or may have an interest in the personal property of a debtor (a person who owes a debt to the creditor as typically specified in the agreement creating the debt). This form is filed in order to "perfect" a creditor's security interest by giving public notice that there is a right to take possession of and sell certain assets for repayment of a specific debt with a certain priority. Such notices of sale are often found in the local newspapers. Once the form has been filed, the creditor establishes a relative priority with other creditors of the debtor. This process is also called "perfecting the security interest" in the property, and this type of loan is a secured loan. A financing statement may also be filed in the real estate records by a lessor of fixtures to establish the priority of the lessor's rights against a holder of a mortgage or other lien on the real property. The creditor's rights against the debtor and the lessor's rights against the lessee are based on the credit documents and the lease, respectively, and not the financing statement.

Grantor is an individual who conveys or transfers ownership of property. In real property law, an individual who sells land is known as the grantor.

Creditor is a party (e.g. person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption (usually enforced by contract) that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is the creditor, which is the lender of property, service or money.

Contracts


Contract is a voluntary arrangement between two or more parties that is enforceable at law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition. A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement. Minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing.

Treaty - Documents

Unilateral Contract
is a legally enforceable promise - between legally competent parties - to do or refrain from doing a specified, legal act or acts. In a unilateral contract, one party pays the other party to perform a certain duty.

Bilateral Contract
is a is a reciprocal arrangement between two parties where each promises to perform an act in exchange for the other party's act. Each party is an (a person who is bound to another) to its own promise, and an obligee (a person to whom another is obligated or bound) on the other party's promise.

Four Corners Rule is the meaning of a written contract, will, or deed as represented solely by its textual content.

Be aware of Square Brackets, the text inside the brackets is optional OR that you should consider whether the text inside the brackets should be edited. The square brackets (only) will be removed (thereby confirming the clear intention of the contracting parties to incorporate the bracketed text into the agreement); OR Both the square brackets and the text within them are removed (thereby confirming the clear intention of the contracting parties NOT to incorporate the bracketed text into the agreement).

Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. An agreement made without consideration is void, unless– it is expressed in writing and registered under the law for the time being in force for the registration of documents, and is made on account of natural love and affection between parties standing in a near relation to each other; or unless it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do, or unless it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more. Consideration to create a legally enforceable contract entails a bargained for, legal detriment incurred by the promisee OR a legal benefit to the promisor. Under the notion of "pre-existing duties", if either the promisor or the promisee already had a legal obligation to render such payment, it cannot be seen as consideration in the legal sense.

Mistake Contract Law The 'unilateral mistake', the 'mutual mistake' and the 'common mistake'. The distinction between the 'common mistake' and the 'mutual mistake' is important. Another breakdown in contract law divides mistakes into four traditional categories: unilateral mistake, mutual mistake, mistranscription, and misunderstanding.

Mistake of Fact
is where both the parties enter into an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void, which means lacking any legal or binding force, Declare invalid.

Termination for “convenience”
provisions are standard clauses in construction contracts seen in both the public and private works settings, generally allowing one party to terminate a contract even in the absence of the other party's fault or breach, and without suffering the usual financial consequences of a breach.

Anticipatory Avoidance
is a unilateral repudiation by a party of its obligations when a fundamental breach of the contract by the other party is imminent.

Two Signature Rule - Two-Man Rule is a control mechanism designed to achieve a high level of security for especially critical material or operations. Under this rule all access and actions requires the presence of two authorized people at all times.
A contract typically does not have to be notarized.

Ratify is to approve and express agreement with a statement or proposal to do something, responsibility, or obligation.

Notary is a person authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions. Notary is a lawyer (though not necessarily so in the United States) or person with legal training who is licensed by the government to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary is a person licensed to approve other’s signatures. Any private contracts for sales of goods or services do not require a notary signature. In addition, come court papers, such as petitions and motions do not have to be notarized, mainly because the person filing the form is the person who drafted it. With a few states as exceptions, divorce papers do not require a notarized signature either. In addition, adoption papers, wills, trusts, and medical release forms all require a notary signature. In general, you will see a box at the bottom of the document that says, “notary signature” if the document has to be notarized.

Signature is a handwritten (and often stylized) depiction of someone's name, nickname, or even a simple "X" or other mark that a person writes on documents as a proof of identity and intent. The writer of a signature is a signatory or signer. Similar to a handwritten signature, a signature work describes the work as readily identifying its creator. A signature may be confused with an autograph, which is chiefly an artistic signature. This can lead to confusion when people have both an autograph and signature and as such some people in the public eye keep their signatures private whilst fully publishing their autograph.
Sign is to mark with one's signature; write one's name (on). Approve and express assent, responsibility, or obligation. Be engaged by a written agreement.

Electronic Signature or e-signature, refers to data in electronic form, which is logically associated with other data in electronic form and which is used by the signatory to sign. This type of signature provides the same legal standing as a handwritten signature as long as it adheres to the requirements of the specific regulation it was created under.

Standard Form Contract is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal per se, there exists a very real possibility for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved contra proferentem against the party drafting the contract language. Sometimes referred to as a contract of adhesion, a leonine contract, or a take-it-or-leave-it contract.

10 Rules of Commerce
1. You can only control that which you create. (Create a child)
2. You can not control that which you did not create. (State has no control over child)
3. All of commerce is based on Title. (Birth certificate, MSO, copyright)
4. The only true Title to anything is the MSO. (Geneses 1 verse 1)
5. When you register anything anywhere you give up Title. (Car, Child, vote)
6. There is no Money/ (there is no Spoon). (Only credit in circulation Public, and private)
7. There is no involuntary Servitude. (Amistad, Joseph)
8. First in line is first in time. (Recorded into public record at county)
9. Do not interfere with commerce.
10. Allow nothing to come between you and your Creator. (Eliminating paganism)

Disclaimers - Terms of Use Agreements

Waiver is the voluntary relinquishment or surrender of some known right or privilege. Key factors that some courts (depending on jurisdiction) may look at while determining the applicability of a waiver: In some jurisdictions, one may not prospectively waive liability for some or all intentional activities. Waivers generally must be made voluntarily and with the full knowledge (or the ability to know) of the right being waived. The waiver should be unambiguous and clear to a reasonable person. In some jurisdictions (not including the United States), it may be necessary that the parties to the waiver have equal bargaining power. A waiver may have limited application where one contracts for an "essential service" such that it may violate public policy for liability to be waived. A waiver that the courts will not enforce because the purpose of the agreement is to achieve an illegal end constitutes an illegal agreement. Non-Waiver Contract specifies that no rights are waived, particularly if a person's actions may suggest that rights are being waived.

Reservation of Rights is a statement that one is intentionally retaining his full legal rights to warn others of those rights. The
notice avoids later claims that one waived legal rights that were held under a contract, copyright law, or any other applicable law.

Unconscionability is a defense against the enforcement of a contract or portion of a contract. If a contract is unfair or oppressive to one party in a way that suggests abuses during its formation, a court may find it unconscionable and refuse to enforce it. A contract is most likely to be found unconscionable if both unfair bargaining and unfair substantive terms are shown. An absence of meaningful choice by the disadvantaged party is often used to prove unfair bargaining.
Unconscionability is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an unconscionable contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract.
Warning: People will lie and say they were coerced, mostly because they were advised to do so. This is a type of frivolous act is an attempt to extort money, which is punishable by law. Lying under oath and making false claims is also a criminal offense. Making Malicious Vexatious Legal Threats is extremely dangerous.
Perjury

Contract Clause Article I of the United States Constitution: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights. The Contract Clause applies only to state legislation, not federal legislation or court decisions.
Contract Clause is a specific provision or section within a written contract. Each clause in a contract addresses a specific aspect related to the overall subject matter of the agreement. Contract clauses are aimed at clearly defining the duties, rights and privileges that each party has under the contract terms.

Breach of Contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract. Breach of contract is a type of civil wrong.






Sue

To Sue, or not to Sue?

The biggest reason for people to sue someone is when you know that the lawsuit will help stop this person, or persons, from victimizing other people, and this is not about Money, this is about correcting a destructive flaw, no one should have the right to kill people or have the right to cause suffering of other people. So if someone manipulates or coerces you into an action that is illogical and possibly destructive, then that's when a lawsuit and justice is necessary. And you can't fight evil with evil or money with money, you have to fight injustice with justice, and you want to make sure that not only do the laws change, but more importantly, that people change, and also that everything learned in the lawsuit is thoroughly documented so that future generations are not exploited by the same kind of ignorance that we are currently suffering from today. Of course I'm more interested in educating people then I am suing people, But if I feel that a legal action could also be used as a learning platform and a public classroom with lessons on activism, politics, money and human behavior, then a lawsuit would be even more effective, because it not only attains to end the abuse, it also attains to make more people aware of this abuse. this way ignorance doesn't have a place to hide, so ignorance will gradually just fade away and become less and less of a burden on society. We have known for some time that Knowledge is our most valuable resource and our most powerful tool for change, you can almost go as far as saying that Learning is God, or at the least, that learning is something of great importance.

Remedy - Restitution

Cause of Action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as Breach of Contract, battery, or false imprisonment). The legal document which carries a claim is often called a Statement of Claim in English law, or a Complaint in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action. Although it is fairly straightforward to file a Statement of Claim in most jurisdictions, if it is not done properly, then the filing party may lose his case due to simple technicalities. There are a number of specific causes of action, including: contract-based actions; statutory causes of action; torts such as assault, battery, invasion of privacy, fraud, slander, negligence, intentional infliction of emotional distress; and suits in equity such as unjust enrichment and quantum meruit. The points a plaintiff must prove to win a given type of case are called the "elements" of that cause of action. For example, for a claim of negligence, the elements are: the (existence of a) duty, breach (of that duty), proximate cause (by that breach), and damages. If a complaint does not allege facts sufficient to support every element of a claim, the court, upon motion by the opposing party, may dismiss the complaint for failure to state a claim for which relief can be granted. The defendant to a cause of action must file an "Answer" to the complaint in which the claims can be admitted or denied (including denial on the basis of insufficient information in the complaint to form a response). The answer may also contain counterclaims in which the "Counterclaim Plaintiff" states its own causes of action. Finally, the answer may contain affirmative defenses. Most defenses must be raised at the first possible opportunity either in the answer or by motion or are deemed waived. A few defenses, in particular a court's lack of subject matter jurisdiction, need not be pleaded and may be raised at any time.

Wrongful Death

Plaintiff is a person who brings an action in a court of law, the party who initiates a lawsuit (also known as an action) before a court. Defendant

Lawsuit is in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable Remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

Complaint

Litigation is the process of taking legal action.

Class Action is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member of that group. allow consumer organizations to bring claims on behalf of consumers.

Intervention (law) is a proceeding that permits a person to enter into a lawsuit already in progress; admission of person not an original party to the suit so that person can protect some right or interest that is allegedly affected by the proceedings. The purpose of intervention is to prevent unnecessary duplication of lawsuits. And the basic rationale for intervention is that a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard.

Tort is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability or an action for damages for the wrongdoing from the person who commits the tortious act, called a tortfeasor. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit, commonly referred to as the injured party, must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict. Justice
Tort Law is a body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor.

Subrogation occurs when an insurer pays an insured for a loss caused by a third party. The insurance company is then “subrogated” – or steps into the shoes of the insured – to sue that third party for the loss suffered by the insured. Subrogation is a legal doctrine whereby one person is entitled to enforce the support or the restoring of rights of another for one's own benefit.

Vexatious Litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. A Frivolous Claim or complaint is one that has no serious purpose or value.

Paper Terrorism the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal documents lacking sound factual basis as a method of harassment.

Barratry

Insurance Fraud is any act committed with the intent to obtain a fraudulent outcome from an insurance process. This may occur when a claimant attempts to obtain some benefit or advantage to which they are not otherwise entitled, or when an insurer knowingly denies some benefit that is due. According to the United States Federal Bureau of Investigation the most common schemes include: Premium Diversion, Fee Churning, Asset Diversion, and Workers Compensation Fraud. The perpetrators in these schemes can be both insurance company employees and claimants. False insurance claims are insurance claims filed with the intent to defraud an insurance provider.

Lying Under Oath - Perjury

Strategic Lawsuit Against Public Participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Such lawsuits have been made illegal in many jurisdictions on the grounds that they impede freedom of speech.

Chilling Effect is the inhibition or discouragement of the legitimate exercise of natural and legal rights by the threat of legal sanction. The right that is most often described as being suppressed by a chilling effect is the US constitutional right to free speech. A chilling effect may be caused by legal actions such as the passing of a law, the decision of a court, or the threat of a lawsuit; any legal action that would cause people to hesitate to exercise a legitimate right (freedom of speech or otherwise) for fear of legal repercussions. When that fear is brought about by the threat of a libel lawsuit, it is called libel chill.

Legal Threat is a statement by a party that it intends to take legal action on another party, generally accompanied by a demand that the other party take an action demanded by the first party or refrain from taking or continuing actions objected to by the demanding party.

Bullying (Harassment Crimes)

Investor-State Dispute Settlement ISDS is an instrument of public international law that grants an investor the right to use dispute settlement proceedings against a country's government. Chart (image) - Chart (image)

Abuse of Process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. It is a common law intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts.

Malicious Prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.

Lawsuit Abuse

I'm wondering when someone will sue the U.S. Government for Criminal NegligenceFederal Tort Claims Act (Suing the Government, and since they are a Corporation, it's legal and lawful).






Judge


To be a Judge..here come the judge, here come the judge...


Justices are appointed by the president and are subject to confirmation by the Senate. They serve a life term. There are currently eight Associate Justices on the Supreme Court and one Chief Justice of the United States.

About Federal Judges - Confirmation

Chief Justice of the United States is appointed by the president and confirmed by the Senate. The Chief Justice may be “promoted” from the status of Associate Justice, or may be a new appointment to the Court. He or she serves a life term just like the other Justices of the Supreme Court. The Chief Justice also serves as the head of the judicial branch of the federal government, and acts as the judge in impeachment cases involving the president and vice president.

Judge presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the barristers of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a Jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. Judgment

Magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates may be volunteers without formal legal training who perform a judicial role with regard to minor matters. Refers to a civilian officer who administers the law. A magistrate is responsible for administration over a particular geographic area. Mediate

How to Become a Judge (wikihow)
Federal Judgeships

Grand Jury is a legal body that is empowered to conduct official proceedings to investigate potential criminal conduct and to determine whether criminal charges should be brought. A grand jury may compel the production of documents and may compel the sworn testimony of witnesses to appear before it. A grand jury is separate from the courts, which do not preside over its functioning. Grand Juries in the U.S. (wiki)

John Oliver: Elected Judges (HBO) (youtube)
The vast majority of US judges are elected, forcing many judges to pander to the electorate and accept campaign money in order to keep their jobs. This seems slightly troubling…

Sentencing General Principles
Seven Sentencing Principles
Principles of Sentencing

Evidence Based Practices Sentencing Criminal Offenders

Prisons - Punishment

Judicial Panel is a set of judges who sit together to hear a cause of action, most frequently an appeal from a ruling of a trial court judge. Panels are used in contrast to single-judge appeals, and en banc hearings, which involves all of the judges of that court. Most national supreme courts sit as panels.

Discretionary Review is the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted. The appeals court will then be able to decide substantive cases with the lowest opportunity cost. The opposite of discretionary review is mandatory review, in which appellate courts must consider all appeals submitted.

The rules lead to fair treatment when decisions are being made, and an honest explanation for how decisions are made. The rules and procedures are not always fair consistently for all people and for all situations, I need the real reasons.

Corrupt Judges

Judges can be corrupted. So how do you guarantee fairness, you can't, for now. So be aware of this fact, the justice system can be corrupt. Most of the time the Justice system usually works the way it should. But laws that are used to protect people can also be used to attack people. When the justice system is corrupted, laws can be manipulated by a judges and lawyers. And if you are not prepared for this corruption, you will become a victim of the justice system. When you have corrupted and ignorant people in positions of authority, there are no human rights, and there are no rights granted by U.S. constitution. You only have ignorant scumbags who believe that they are above the law. When you hear people say that a Judge is hard on certain people, that means that the Judge is biased and prejudice. Judges should only be subjective and judge only on the facts. Judges are not supposed to takes sides, but they do, so be aware. The courts are not just attacking minorities and people of color, they attack anyone they don't like, and they do it under the guise of law. These people are an insult and a disgrace to their profession and to society. A shame and a sham.

Injustice (unjust)

Even Juries of 12 people can be Corrupted - Gerrymandering

Dissent is the difference of one judge's opinion from that of the majority. Subjective
Dissent is a non-agreement or opposition to a prevailing idea. Divided - Reasoning

Motion to Set Aside Judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. Such a motion is proposed by a party who is dissatisfied with the end result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has been closed by the courts. Generally the motion cannot be based on grounds which were previously considered when deciding a motion for new trial or on an appeal of the judgment, thus the motion can only be granted in unusual circumstances, such as when the judgment was procured by fraud which could not have been discovered at the time of the trial, or if the court entering the judgment lacked the jurisdiction to do so.

Judgment Declared VOID: A void judgment is a judgment, decree, or order entered by a court which lacks jurisdiction of the parties or of the subject matter, or which lacks the inherent power to make or enter the particular order involved.

Void (law) means of no legal effect. An action, document or transaction which is void is of no legal effect whatsoever: an absolute nullity — the law treats it as if it had never existed or happened. The term void ab initio, which means "to be treated as invalid from the outset," comes from adding the Latin phrase ab initio (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ab initio. Void. Null; ineffectual; nugatory; having no legal force or binding effect; unable, in law, to support the purpose for which it was intended.

Abuse of Judicial Discretion
Complaint Form Judicial Review Council (PDF)
Appeals

Motion in United States Law is a procedural device for decision. It is a request to the judge (or judges) to make a decision about the case. A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.

Corrupt Lawyers

Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct. Procedures vary depending on the law society. Conduct indicating that an attorney is not fit to practice law, willfully disregarding the interests of a client, or engaging in fraud which impedes the administration of justice. In addition, any lawyer who is convicted of a felony is automatically disbarred in most jurisdictions, a policy that, although opposed by the American Bar Association, has been described as a convicted felon's just deserts. Their law license revoked or rescinded, usually for unethical or criminal conduct. Disbarment is quite rare. Instead, lawyers are usually sanctioned by their own clients through civil malpractice proceedings, or via fine, censure, suspension, or other punishments from the disciplinary boards. To be disbarred is considered a great embarrassment and shame, even if one no longer wishes to pursue a career in the law.

28 U.S. Code § 176 - Removal from Office

Methods of Judicial Selection Removal of Judges

Complaint Center - Ct.gov  DCP  Ct Bar

Superior Court Operations - External Affairs Division.

Watchdogs - Accountability

Recuse is to disqualify oneself (as a judge) in a particular case.

Don't rely on government agencies that pretend to fight corruption and crimes that are being committed by people with authority. These agencies are mostly used to discourage investigations, which makes people believe that they can't do anything about criminals in power. But there are other methods to fight corruption and criminal activity that are unknown to most people. It's doing several things simultaneously, and doing some things in the correct sequence. It's a multistep process, that if done right, can create changes, encourage actions, remove criminals in power, and start a process towards improvements.

Malpractice is a lawyer's failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.

Competency

Legal Malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client. In order to rise to an actionable level of negligence (an actual breach of a legal duty of care), the injured party must show that the attorney's acts were not merely the result of poor strategy, but that they were the result of errors that no reasonably prudent attorney would make. Four elements of legal malpractice are (i) an attorney-client relationship, (ii) negligence, (iii) causation, and (iv) financial loss. To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). If the same result would have occurred without negligence by the attorney, no cause of action will be permitted. "But for" or actual causation can be difficult to prove. If the malpractice alleged occurred in litigation, the legal malpractice case may result in a "trial-within-a-trial" which delves into the facts of the case for which the client originally retained the attorney.

Legal Abuse refers to abuses associated with both civil and criminal legal action. Abuse can originate from nearly any part of the legal system, including frivolous and vexatious litigants, abuses by law enforcement, incompetent, careless or corrupt attorneys and misconduct from the judiciary itself.

Malfeasance

Abuse of Process is a cause of action in tort arising from one party making misusing or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. It is a common law intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts. The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings. Abuse of process can be distinguished from malicious prosecution, in that abuse of process typically does not require proof of malice, lack of probable cause in procuring issuance of the process, or a termination favorable to the plaintiff, all of which are essential to a claim of malicious prosecution. "Process," as used in this context, includes not only the "service of process," i.e. an official summons or other notice issued from a court, but means any method used to acquire jurisdiction over a person or specific property that is issued under the official seal of a court. Typically, the person who abuses process is interested only in accomplishing some improper purpose that is collateral to the proper object of the process and that offends justice, such as an unjustified arrest or an unfounded criminal prosecution. Subpoenas to testify, attachments of property, executions on property, garnishments, and other provisional remedies are among the types of "process" considered to be capable of abuse.

Malice - Prejudice

Attorney Misconduct is unethical or illegal conduct by an attorney. Attorney Misconduct may include: conflict of interest, over billing, refusing to represent a client for political or professional motives, false or misleading statements, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument, and in some instances having sex with a client.

Bullying in the Legal Profession - Bullying - Intimidation - Discrimination

Police Abuse

Prosecutorial Misconduct is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment." It is similar to selective prosecution. Prosecutors are bound by a sets of rules which outline fair and dispassionate conduct.

Causation (law) is the "causal relationship between conduct and result". That is to say that causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. Causation is only applicable where a result has been achieved and therefore is immaterial with regard to inchoate offenses.

Sine qua non is an indispensable and essential action, condition, or ingredient. In legal matters, "but-for", "sine qua non", causa sine qua non, or "cause-in-fact" causation, or conditio sine qua non, is a circumstance in which a certain act is a material cause of a certain injury or wrongdoing, without which the injury would not have occurred. It is established by the "but-for" test: but for the act having occurred, the injury would not have happened. The defendant's negligent conduct is the actual cause of the plaintiff's injury if the harm would not have occurred to the plaintiff "but for" the negligent conduct of the defendant. (Perkins).


What's on My Record?


Disposed or Nolle still remains on your Record, so it is better to have your case Dismissed and have everything on your record be erased and expunged. You might have to make a motion to the court to order the destruction of your fingerprints and booking photographs that were collected at your arrest and are in the possession of the police department.

Profiles leads to unwarranted prejudice and discrimination.

Disposed is a generic legal term meaning the case or proceeding is completed. Disposition is used in reference to the way in which the case was resolved. Some examples of the disposition of a case are: conviction, acquittal, dismissal, etc., not to be confused with verdict, which is a finding of guilty or not guilty, etc.

Nolle Prosequi is legal term of art and a Latin legal phrase meaning "be unwilling to pursue", a phrase amounting to "do not prosecute". It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor's decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered. It contrasts with an involuntary dismissal.

Acquittal formally certifies that the accused is free from the charge of an offense, as far as the criminal law is concerned.

Involuntary Dismissal Involuntary dismissal is the termination of a court case despite the plaintiff's objection.

Dismissal in Civil Proceedings is to promote the speedy and efficient administration of justice by removing from the consideration of a court any matters that have been unnecessarily delayed to the disadvantage of the defendant.

Dismissal with Prejudice is a judgment rendered in a lawsuit on its merits that prevents the plaintiff from bringing the same lawsuit against the same defendant in the future.

Dismissal without Prejudice is when a  plaintiff is not subsequently barred from suing the same defendant on the same cause of action when a court grants a dismissal Without Prejudice of his or her case. Such a dismissal operates to terminate the case. It is not, however, an ultimate disposition of the controversy on the merits, but rather it is usually based upon procedural errors that do not substantially harm the defendant's rights. It effectively treats the matter as if the lawsuit had never been commenced, but it does not relieve a plaintiff of the duty of complying with the Statute of Limitations, the time limit within which his or her action must be commenced. A dismissal without prejudice is granted in response to a notice of dismissal, stipulations, or a court order.

Motion by a Defendant is when a defendant may make a motion to a court to dismiss the Cause of Action if the plaintiff has failed to appear to prosecute his or her case. A plaintiff is obligated to prosecute the action with due diligence within a reasonable time of commencing the action. If the passage of time hurts the defendant in the preparation of his or her case or if it substantially affects the defendant's rights, then the defendant may seek a dismissal with prejudice. A dismissal will not be granted if the failure to prosecute resulted from unavoidable circumstances, such as the death of the plaintiff, and there is a delay in the appointment of a Personal Representative to continue the action. When the parties attempt to negotiate a settlement of the controversy, consequent delays in reaching an agreement will not provide a basis for dismissal with prejudice. If, however, a plaintiff delays prosecution based on the mere possibility of a settlement without demonstrating concrete efforts to achieve an agreement, a court may grant a dismissal upon the defendant's motion.

Sua sponte power of court has inherent power to dismiss an action with prejudice if it is vexatious, brought in bad faith, or when there has been a failure to prosecute it within a reasonable time. If a plaintiff who has commenced an action fails to comply with discovery devices, a court, which has issued the order of compliance, may sua sponte dismiss the case with prejudice.

Notice of Dismissal is when a plaintiff may serve a notice of dismissal upon a defendant only if the defendant has not yet submitted an answer in response to the plaintiff's complaint. A notice of dismissal preserves the right of the plaintiff to commence a lawsuit at a later date. While not commonly employed, such a notice is useful when exigent circumstances—such as the sudden unavailability of witnesses—warrant the termination of the action. The clerk of the court in which the lawsuit was commenced must receive a copy of the notice of dismissal served upon the defendant to adjust the record of the action accordingly.

Stipulation happens once a defendant has served an answer to the plaintiff's complaint, the plaintiff may obtain a dismissal without prejudice by entering a formal agreement, a stipulation, with the defendant. The parties agree to the terms of the dismissal, which must be filed with the court clerk and put into effect by the action of the clerk. A dismissal agreement is a court order that enforces the stipulation of the parties. A dismissal by stipulation is a dismissal without prejudice unless the parties otherwise agree and record their agreement in the text of the stipulation.

Court Order is when a plaintiff may make a motion to dismiss his or her action without prejudice if the plaintiff cannot serve a notice of dismissal or obtain a stipulation. A dismissal will not be granted to a plaintiff, however, if it would prejudice the rights of any other individual who has a legal interest in the subject matter of a lawsuit. If a joint tenant fails to agree with his or her cotenant to dismiss an action against a landlord for breach of the Warranty of habitability without prejudice, then there will not be a dismissal.

Dismissal in Criminal Prosecutions
A dismissal in a criminal prosecution is a decision of a court, which has exercised its discretion prior to trial or before a verdict is reached, that terminates the proceedings against the defendant. The procedure by which dismissals in state and federal criminal actions are obtained are governed, respectively, by the state and federal rules of Criminal Procedure. In criminal prosecutions, delay often prejudices the defendant's rights because of the greater likelihood that evidence would be lost or memories or events would not be recalled easily. The possibility of dismissal ensures the prompt government prosecution of individuals accused of criminal activity.

The legal effect of a dismissal in a criminal prosecution is dependent upon the type that is granted by the court.

Dismissal with Prejudice bars the government from prosecuting the accused on the same charge at a later date. The defendant cannot subsequently be reindicted because of the constitutional guarantee against Double Jeopardy. A dismissal with prejudice is made in response to a motion to the court by the defendant or by the court sua sponte.

Motion by a Defendant may make a motion to the court to have the charges against him or her—whether embodied in an indictment, information, or complaint—dismissed with prejudice because the delay has violated the individual's constitutional right to a Speedy Trial or there is no sufficient evidence to support the charges. In deciding whether a delay is unreasonable, the court evaluates the extent of the delay, the reasons for it, the prejudice to the defendant, and the defendant's contribution to the delay.

Sua Sponte Power of Court with jurisdiction to decide criminal matters can sua sponte dismiss a criminal prosecution with prejudice if the facts of the case clearly established that an accused has been deprived of his or her constitutional right to a speedy trial.

Dismissal without Prejudice permits the reindictment or retrial of a defendant on the same charge at a subsequent date may be granted by a court acting sua sponte or after the prosecuting attorney has made a motion to do so. Only nonconstitutional grounds that do not adversely affect the rights of the defendant, such as the crowding of court calendars, might be sufficient to warrant the dismissal of a criminal action without prejudice.


Jury Instructions

Why do Judges Instruct Jurors?
Judges instruct jurors not to listen to the radio or watch television when they are a Juror during a trial. Why? What's the point? Especially when Judges can't stop a corrupt lawyer from saying the same things to jurors in court? Even though a judge can stricken the comments from the record, the judge cannot erase it from the minds of the jurors, so what's the point? You would be better off teaching jurors how not to be manipulated by misinformation and propaganda? Whether it's from our corrupted media, or corrupted lawyers.

Fully Informed Jury Association

Jury Instructions are the set of legal rules that jurors ought follow when deciding a case. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury. They are often the subject of discussion of the case, how they will decide who is guilty, and are given by the judge in order to make sure their interests are represented and nothing prejudicial is said. Instructions to the Jury

Jury Tampering is the crime of unduly attempting to influence the composition and/or decisions of a jury during the course of a trial. In the United States, people have also been charged with jury tampering for handing out pamphlets and flyers indicating that jurors have certain rights and obligations, including an obligation to vote their conscience notwithstanding the instructions they are given by the judge. The means by which this crime could be perpetrated can include attempting to discredit potential jurors to ensure they will not be selected for duty. Once selected, jurors could be bribed or intimidated to act in a certain manner on duty. It could also involve making unauthorized contact with them for the purpose of introducing prohibited outside information and then arguing for a mistrial.

How do you control Racial Bias in jury deliberations?
How do you control Racial Bias in jury selection?
Integrity of the Jury Trial. In the years 1865 and 1866, all-white juries in Texas heard a total of 500 prosecutions of white defendants for killing African-Americans. In all 500 cases, the white defendants were acquitted.

Voir dire is a legal phrase that refers to a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth.

Eye Witness Memory Flaws
Experts?
Expert Testimony

"When you judge another, you do not define them, you define yourself."

The Rule: Jury members cannot consult outside texts or resources , even dictionaries, during deliberation. ???
The Place: All federal and state courts. The Reason: Even if they don’t know the meaning of a word, juries must confine their knowledge of a case to what’s presented in court. While dictionaries might seem like a harmless text, most courts have ruled that consulting one is in fact misconduct because it could color a jury’s decision. Take the word “malice.” Merriam-Webster defines it as “a desire to cause harm to another person,” while jury instructions have defined it as “that condition of mind that prompts a person to intentionally inflict damage without just cause, excuse, or justification.”
The Repercussions: If a jury member does use a dictionary, it doesn’t necessarily mean the case will be retried; attorneys have to prove that the definition inappropriately swayed the decision. There have been several cases in which looking up everything from “assault” to “intent” to “wanton” wasn’t enough to warrant overturning a jury’s ruling. But judges in other cases have found that a jury’s use of a dictionary or encyclopedia was enough reason to do it all over again. In 2007, courts overturned a Kentucky man’s rape conviction when it was discovered his jury had looked up the definition of “rape” in the dictionary. Webster and Oxford don’t require “penetration” for something to be considered rape. Kentucky law does.  (this sounds really stupid).


Courts


Court is a tribunal, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts and juries are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. Amicus Curiae is "Friend of the Court".

Circuit Court were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate jurisdiction over the United States district courts. The Judiciary Act of 1891 (26 Stat. 826, also known as the Evarts Act) transferred their appellate jurisdiction to the newly created United States circuit courts of appeals, which are now known as the United States courts of appeals. On January 1, 1912, the effective date of the Judicial Code of 1911, the circuit courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. district courts. During the 100 years that the Justices of the Supreme Court "rode circuit", many justices complained about the effort required. Riding circuit took a great deal of time (about half of the year) and was both physically demanding and dangerous. However, "members of Congress held firm to the belief that circuit riding benefited the justices and the populace, and they turned a deaf ear to the corps of justices that desired to abolish the practice". The Judiciary Act of 1869 established a separate circuit court (and allowed the hiring of judges specifically to handle the cases) but the act required that Supreme Court justices had to ride circuit once every two years. However, this came to a final end in 1891 when the Circuit Courts of Appeals Act (Evarts Act) was passed. The net result of riding circuit was that, in many cases which ended up before the Supreme Court, a member of the Supreme Court had already heard the case and issued a ruling. In a real sense, the Supreme Court was, in such cases, acting as an en banc panel; i.e. hearing a case upon which one of their members had already passed judgment. Riding Circuit, or being a circuit rider, is a term in the United States for a professional who travels a regular circuit of locations to provide services.

Federal Judiciary of the United States is one of the three co-equal branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts, and place limitations on their jurisdiction. Article III federal judges are appointed by the President with the consent of the Senate to serve until they resign, are impeached and convicted, retire, or die. The federal courts are composed of three levels of courts. The Supreme Court of the United States is the court of last resort. It is generally an appellate court that operates under discretionary review, which means that the Court can choose which cases to hear, by granting of writs of certiorari. There is generally no right of appeal to the Supreme Court. In a few situations (like lawsuits between state governments or some cases between the federal government and a state) it sits as a court of original jurisdiction. The United States courts of appeals are the intermediate federal appellate courts. They operate under a system of mandatory review which means they must hear all appeals of right from the lower courts. In some cases, Congress has diverted appellate jurisdiction to specialized courts, such as the Foreign Intelligence Surveillance Court of Review.

Superior Court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases. A superior court is "superior" relative to a court with limited jurisdiction (see lower court), which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts (see court of appeal). Superior Court is where most felony cases are heard concerning violation of state statutes. Superior Court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases.

Trial Court of general jurisdiction is authorized to hear any type of civil or criminal case that is not committed exclusively to another court. In the United States, the United States district courts are the trial courts of general jurisdiction of the federal judiciary; each U.S. state has a state court system establishing trial courts of general jurisdiction, such as the Florida Circuit Courts in Florida, the Superior Courts of California in California, and the New York Supreme Court in New York.

Court Costs are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. In the United States, "court costs" (such as filing fees, copying and postage) are differentiated from attorney's fees, which are the hourly rates paid to attorneys for their work in a case. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case. Cases are known in which one party won the case, but lost more than the monetary worth in court costs. Court costs may be 'awarded' to one or both parties in a lawsuit, or they may be waived.

Tribunal generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. Three types of disputes are resolved through adjudication: Disputes between private parties, such as individuals or corporations. Disputes between private parties and public officials. Disputes between public officials or public bodies.

Dispute
is a disagreement or argument about something important.

Sue - Anger Management

Arbitration is the resolution of disputes outside the courts.

Diplomacy is skillful handling of a situation.

International Arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.

Communication Types

Arbitral Tribunal is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration.

Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.

Consent Decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case), and most often refers to such a type of settlement in the United States. The plaintiff and the defendant ask the court to enter into their agreement, and the court maintains supervision over the implementation of the decree in monetary exchanges or restructured interactions between parties. It is similar to and sometimes referred to as an antitrust decree, stipulated judgment, settlement agreements, or consent judgment. Consent decrees are frequently used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, and environmental regulation.

Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that s/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing), while refraining from providing prescriptive advice to the parties (e.g., "You should do... ."). Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters. The term "mediation" broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediation is becoming a more peaceful and internationally accepted solution in order to end conflict. Mediation can be used to resolve disputes of any magnitude. Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement. Much depends on the mediator's skill and training. As the practice gained popularity, training programs, certifications and licensing followed, producing trained, professional mediators committed to the discipline.

Mediator is a person who engages in mediation. Diplomacy.

Mediator Pattern in software engineering, defines an object that encapsulates how a set of objects interact. This pattern is considered to be a behavioral pattern due to the way it can alter the program's running behavior.

Public Speaking

Litigation or Judicial Proceeding is a legal proceeding in a court; a judicial contest to determine and enforce legal rights.

Parliamentary Procedure is the body of rules, ethics, governing meetings and other operations of legislative bodies, deliberative assemblies, organizations.

District Court are the general trial courts of the United States federal court system. They are known as the work horses because they deal with most of the court cases. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty.

Probate Court is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In some jurisdictions, such courts may be referred to as Orphans' Courts, or courts of ordinary. In some jurisdictions probate court functions are performed by a chancery court or another court of equity, or as a part or division of another court.

Appeals

Courts of Appeals are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies. Most decisions of a state or federal trial court (or an agency) are subject to review by an appeals court, including decisions regarding almost all types of civil cases. Whether the appeal concerns a judge's order or a final judgment entered by a jury, an appeals court reviews what happened in proceedings below for any errors of law. If the court finds an error that contributed to the trial court's decision, the appeals court will reverse that decision. The lawyers for the parties submit briefs to the court and may be granted oral argument. Once an appeals court has made its decision, the opportunity for further appeals is limited. The number of parties filing appeals has risen substantially in the last few decades, causing the state and federal court systems to implement changes in an effort to keep up. The main form of persuasion on appeal is the written appellate brief, filed by counsel for each party. With this brief, the party that lost in the trial court will argue that the trial judge incorrectly applied the law. The party that won below will argue that the trial court's decision was correct. Both parties will support their positions with reference to applicable case law and statutes. An appeal is a more scholarly proceeding than a trial. Whereas the litigator must be an active strategist in the courtroom, calling witnesses, cross-examining, and making motions or objections, the appellate lawyer builds his or her case in the brief, before the appeal is heard. Appeals often include a short period for oral argument, but the judges often consume this period with questions for the attorney, prompted by the brief. Appeals court decisions turn on the record, which documents what happened in the trial court. The record contains the pleadings (plaintiff's complaint and defendant's answer), pre-trial motions, a transcript of what occurred during trial, the exhibits put into evidence, post-trial motions, and any discussion with the judge that did not take place "off the record." The success of an appeal therefore depends on what occurred at trial. If an attorney failed to get critical, available evidence into the record, or to object to something prejudicial, the opportunity to do so is lost. The party that loses in a state or federal appeals court may appeal to the state supreme court, or the U.S. Supreme Court. (Most states call their highest court "supreme court," though Maryland and New York call theirs the Court of Appeals.) Review in these courts, however, is discretionary with the court. Because these courts receive many more requests for review than they can handle, they typically grant review only to cases involving unsettled questions of law. Also, the U.S. Supreme Court can only review cases that raise some federal or constitutional issue; cases that concern state law exclusively are beyond its jurisdiction. At this point, the parties have already had the case reviewed once, reducing their tendency to see the decisions as biased or contrary to law.

Repeal - Bad Judges - Remedy

Consolidated Appeals Process is an advocacy tool for humanitarian financing, in which projects managed by the United Nations, NGOs and other stakeholders come together to approach the donor community funding international development activities.

Appellate Court or appeals court or court of appeals, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts. A jurisdiction's supreme court is that jurisdiction's highest appellate court. Appellate courts nationwide can operate by varying rules.
Appellate Court Ct.

Admiralty Court are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offenses.

Lower Court is a court from which an appeal may be taken. In relation to an appeal from two courts to another, the lower courts are the courts whose decision is being reviewed, which may be the original trial courts or appellate courts lower in rank than the superior courts which are hearing the appeal.

Supreme Court is a court of higher powers and extensive jurisdiction; Each state has a supreme court and the United States has a Supreme Court that has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, plus original jurisdiction over a small range of cases. The Court normally consists of the Chief Justice of the United States and eight associate justices who are nominated by the President and confirmed by the Senate. Once appointed, justices have life tenure unless they resign, retire, or are removed after impeachment (though no justice has ever been removed).

The Superior Court only sees 1% of all cases submitted. That means we need more Courts....Each year, the Court receives approximately 9,000–10,000 petitions for Certiorari, of which less than 1% (approximately 80–100), are granted plenary review with oral arguments, and an additional 50 to 60 are disposed of without plenary review.

US Courts
Small Claims Court
Court of Claims

Courtroom Terminology

Judiciary Act of 1925 also known as the Judge's Bill or Certiorari Act, was an act of the United States Congress that sought to reduce the workload of the Supreme Court of the United States.
Reduce the workload for 9 people is ok, but when you have thousands of cases, you need to hire more people. Multiple supreme courts. Limiting the number of cases for review is reckless and corrupt.

Supreme Court Case Selections Act

Procedures of the Supreme Court of the United States
Dispute Resolution

Certiorari is a formal written order seeking judicial review. It is issued by a superior court, directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review.

Court of Equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.
Equity (law) refers to the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law.

Jurisdiction is the practical authority granted to a legal body to administer justice within a defined area of responsibility.

Judges

Hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a Parliamentary committee.

Proceeding
is a sequence of steps by which legal judgments are invoked.

Legal Process are the proceedings in any civil lawsuit or criminal prosecution and, particularly, describes the formal notice or writ used by a court to exercise jurisdiction over a person or property. Such process is usually "served" upon a party, to compel that party to come to court, and may take the form of a summons, mandate, subpoena, warrant, or other written demand issued by a court.

Judiciary, also known as the judicial system or court system, is the system of courts that interprets and applies the law in the name of the state.

Judicial Review is the doctrine under which legislative and executive actions are subject to review by the judiciary.

Mistrial occurs when a trial is cancelled before a verdict has been returned. Jury

Trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.

Quorum is a gathering of the minimal number of members of an organization to conduct business.

Right to a Fair Trial
Court’s Procedural Fairness Practices
Procedural Justice Assessments

Arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against the defendant. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar) setting out reasons why a trial cannot proceed. Pleas of "nolo contendere" (no contest) and the "Alford plea" are allowed in some circumstances. Alford plea is a guilty plea in criminal court.

Plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded guilty, Not Guilty, no contest or (in the United States) Alford plea.

Plea Bargain is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the U.S. legal system, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry a custodial sentence.

Nolo Contendere "I do not wish to contend." It is also referred to as a plea of no contest. In criminal trials in certain U.S. jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain. In many jurisdictions a plea of nolo contendere is not a right, and carries various restrictions on its use.

Bond is an incentive to fulfill an obligation; it also provides reassurance that compensation is available if the duty is not fulfilled. A surety usually is involved, and the bond makes the surety responsible for the consequences of the obligated person's behaviour.

Bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear). In some cases, bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime accused. If a bondsman is used and a surety bond has been obtained, the fee for that bond is the fee for the insurance policy purchased and is not refundable. Bail Bondsman is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of persons accused in court.

Court Bonds also known as judicial bonds or court surety bonds, are often required in court proceedings to ensure protection from a possible loss. Here are our most common court bonds: Cost bonds guarantee the payment of costs associated with appealing a lower court's decision.

Plaintiff Bond ensures damages suffered will be paid if the court rules in favor of the defendant. There are multiple sub-types of plaintiff bonds, so the specific type you require may vary. Common types of plaintiff bonds include Attachment bonds, Claim and Delivery bonds, Indemnity to Sheriff bonds, Injunction bonds, and Replevin bonds.

Replevin Bond are usually required if the plaintiff wants to secure property the defendant currently owns. The bond protects the defendant in case the property is damaged or sold, and is a type of plaintiff bond. This is commonly required in civil cases, particularly divorce cases when property ownership is being determined.

Cost Bonds are used to guarantee the payment of court costs when making an appeal concerning a lower court's decision.

Attachment Bond protects the defendant against wrongfully attached property during court proceedings. The bond protects in case judgment falls against the individual, and usually covers the cost plus the interest.

Indemnity to Sheriff Bond are used to protect law enforcement officers against lawsuits in the event that they have to seize someone's personal property. If your case requires law enforcement to investigate another's home and property, you will likely need one of these bonds.

Bond Hearing
During a bond hearing, the defendant will appear in a courtroom. The person who was arrested is informed of the charges against them by a Judge and it is determined if they are eligible for bond. This type of hearing is also called a first appearance hearing or a bail bond hearing.
A judge takes many factors into account when deciding if a person qualifies for bond. One of the largest facts is whether the person is a danger to the community or a flight risk. Previous arrests, financial situation and drug use are also factors that are considered. If a person is released, it can be with conditions such as limited travel and mental evaluations. To determine what is necessary to ensure a defendant's appearance at trial, a judge or magistrate examines the nature and circumstances of the charges, with particular attention to whether the offense involves violence or narcotic drugs. The court may inquire into the nature and value of any property that might be offered as collateral. The court also examines the weight of the evidence against the defendant, whether the person was on parole or probation at the time of the present arrest, the nature and seriousness of danger to others in the community, and evidence of the defendant's character.

History and Character of the Individual
When examining the history and character of a person, the court may look at:
Physical and mental condition.
Financial resources.
Family ties.
History relating to drug and alcohol abuse.
Criminal history.
Record concerning appearance at court proceedings.
Length of residence in the community.

Risk to the Community
Where a defendant poses a threat to the safety of the community, he or she may be held without bail. In other situations, federal law typically requires that a defendant in a federal criminal case be released on personal recognizance or upon execution of an unsecured appearance bond. Released defendants must not commit any crimes during the period of release. However, if a court determines that personal recognizance or an unsecured appearance bond will not reasonably assure the defendant's appearance, or determines that the safety of a person or the community is endangered, a defendant may be released upon conditions. Federal law delineates a number of conditions that may be imposed.

Defendants may be required to:
Limit travel.
Maintain or seek employment.
Undergo drug and alcohol testing.
Undergo medical, psychiatric, or psychological treatment.
Maintain or commence an educational program.
Comply with a curfew.
Refrain from excessive use of alcohol or any use of narcotic drugs.
Remain in the custody of a designated person.
Comply with periodic check-ins with authorities.
Refrain from possession of a firearm.
Refrain from contact with crime victim or others designated by the court.
Execute a bond agreement with the court or a solvent surety in an amount as is reasonably necessary to ensure the defendant's appearance.
Agree to other reasonable conditions the court may impose to ensure a defendant's appearance.

Both the defendant and the government may appeal an adverse bail decision. The scope of review is limited, however. The only question for an appellate court is whether the trial court abused its discretion. In other words, an appellate court will uphold a bail decision unless it was clearly unreasonable, erroneous, or arbitrary and not supported by the facts or law in the case. This leaves untouched a broad range of bail decisions, so long as they are based in some part on a reasonable review of the facts of the case.

Bail issues are just the first set of hurdles a person accused of a crime will face. Having a qualified attorney assist in your defense will mean that you have access to information about the relevant laws in your jurisdiction and can analyze the facts of your case. Contact a qualified local attorney today for a free legal evaluation to start working on bail and other defense issues.

Money Bail System Costs U.S. Taxpayers $38 Million A Day, $14 billion annually. On any given day, more than 450,000 people are languishing in jails across the U.S. while they await trial. Many face low-level charges, and are stuck behind bars because they can’t afford to pay the bail that would secure their release. Prisons



The Thinker Man