The Law Dictionary for Everyone
Following is the case brief for Berghuis v. Thompkins, 560 U.S. 370 (2010). Case Summary of Berghuis v. Thompkins Thompkins was suspected of shooting someone. He was interrogated by police after being advised of his Miranda warnings. He remained largely silent but implicated himself in the killing at the end of the lengthy interrogation. The trial court denied a motion to suppress the […]
Read moreThe term opinion refers to a personal view, appraisal, or judgment that is based on information that is not sufficient to be certain. For instance, a person’s opinion may express his or her judgment about a person’s character, the attractiveness of a clothing style, or the quality of an automobile. In a legal sense, the term has a similar, though […]
Read moreIn the United States’ legal system, a motion is a formal request for the court to make a decision about something related to a case. Motions can be made for a wide variety of purposes, such as to have a trial postponed, to have a previously made order modified, to sanction (or punish) an attorney, or even to have the […]
Read moreThe term delinquency refers to either something that is late in being done, such as making a late credit card payment, or to improper or criminal behavior. In a legal context, delinquency is most often used in reference to the disorderly or illegal actions engaged in by a youth. Juvenile delinquency is grouped into two categories, one more serious than […]
Read moreThe Latin term capias literally means “you are to seize,” or “you should seize,” and is commonly used in the U.S. legal system to refer to a warrant issued by a judge directing law enforcement to arrest a specified person. Capias warrants are most commonly issued when a criminal defendant fails to appear in court for a scheduled hearing. By […]
Read moreThe term misnomer refers to an error made when naming a person, place, or thing. As used in the U.S. legal system, the term misnomer signifies that an incorrect name has been given in a legal pleading, indictment, accusation, or other legal process. A misnomer may also be found in legal contracts or bequests. In most cases, a misnomer involves […]
Read moreIn the legal system, a brief is a written document advising the court of the legal reasons for the lawsuit or other legal action. The legal grounds for the action must be spelled out according to the party’s reasoning, the facts of the case, and the laws and regulations that apply. In essence, a legal brief makes an argument as […]
Read moreThe Latin term sua sponte, which translates as “of one’s own accord,” is used to describe an act of authority made without prompting, or without a request having been made. In the U.S. legal system, sua sponte generally refers to a decision made, or action taken, by a judge of his own accord, with no motion or request having been […]
Read moreCross-examination is the legal process of interrogating a witness that has been called to testify by the opposing party in a legal proceeding. When a party calls a witness to testify in court, he must follow certain rules in questioning the witness. This is called “direct examination.” Once this questioning is finished, the opposing party is given an opportunity to […]
Read moreA bench warrant is an arrest warrant issued by a judge or court, most commonly when a defendant fails to appear at a scheduled court hearing. This is also known as a “Failure to Appear,” or “FTA,” warrant. When a bench warrant is issued, it gives law enforcement agencies the authority to detain the defendant and bring him to court […]
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