The Law Dictionary for Everyone
In determining whether a person committed a crime, there are two issues to consider: the person’s state of mind, or intent, and the actual physical act of committing the crime. The Latin term actus reus refers to the actual act of doing the illegal thing, with no reference to the person’s mental state. In order for a person to be […]
Read moreA citizen’s arrest occurs when a person not acting as a sworn in law-enforcement official arrests another person. U.S. law allows ordinary individuals to detain another individual until law enforcement officers arrive in certain circumstances. In this manner, a citizen’s arrest may be made by detaining a person suspected of committing a crime, or by directing police officers to arrest […]
Read moreThe term hit and run refers to an accident in which one driver leaves the scene without stopping to provide the required contact information, or being cleared to leave by authorities. Every driver involved in an accident of any type is required to follow certain procedures, which usually involve stopping to make sure nobody was injured, call for help, and […]
Read moreThe legal term exculpatory describes evidence in a criminal matter that is favorable to, or tends to absolve, the defendant. This type of evidence may justify or excuse the defendant’s actions, or show that the defendant is not guilty at all. Exculpatory evidence is the opposite of inculpatory evidence, which incriminates the defendant, or proves his guilt. To explore this […]
Read moreBigamy is a legal term that refers to the condition of having more than one wife or husband at one time. Once a person is legally married, he or she must legally terminate that marriage before marrying another person. In the United States, the act of bigamy is a crime, and the marriage to the second spouse is subject to […]
Read moreA breathalyzer is a device used to estimate a person’s blood alcohol content using a breath sample. Although the word “Breathalyzer” is actually a brand name trademarked by the breath analyzer’s inventor, the term has since become a commonly used term to refer to all breath analyzation tests used in the field. Today, breathalyzer tests are commonly used by law […]
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 […]
Read moreAffirmative defense is a legal term that pertains to a defendant’s response to being accused of a certain crime. When an affirmative defense is used, the defendant is basically admitting he committed the crime of which he is accused, but is offering an explanation or justification for the incident. When successful, an affirmative defense can help reduce the defendant’s legal […]
Read moreAge of consent is the age at which an individual is deemed legally competent to consent to engage in sexual activities. This minimum age varies by state, and having sex with someone under the age of consent is considered to be a criminal act. Some jurisdictions make allowances for minors engaging in sexual activities with each other, though there may […]
Read moreIn a legal context, the term peremptory refers to a decisive challenge with no opportunity given for debate, denial, or refusal. A peremptory challenge may be used by either party to a legal action in the jury-selection phase, to dismiss a potential juror without stating a reason. Other peremptory orders may be made by the court, such as setting a […]
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