The Law Dictionary for Everyone
Defalcation occurs when an employee of a company mishandles or misappropriates funds with which they have been entrusted. This can occur in many ways, and the act of defalcation is illegal and punishable in a court of law. Similar to embezzlement defalcation is most commonly perpetrated by employees who have full access to the company’s finances or accounting records. Defalcation […]
Read moreSince colonial times, America has embraced the custom of the grand jury in criminal law. This panel of 12 to 23 ordinary citizens reviews evidence, hears sworn testimony, and otherwise conducts an investigation into alleged criminal conduct, to determine whether criminal charges should be brought against the accused. This method of establishing “probable cause” to charge a person with a […]
Read moreBattery is the criminal act of intentionally touching, or applying force to the body of another person in an offensive manner, covering a wide range of acts, including those of a sexual nature. Simple battery is considered a misdemeanor in most states, but aggravating circumstances can cause battery to fall under the category of a felony. Each state has specific […]
Read moreConcurrent jurisdiction occurs when more than one court has the authority to hear and decide a civil or criminal case. For instance, in the United States, both federal and state courts have concurrent jurisdiction to hear and decide many types of cases. Similarly, many states have instituted specialized courts, such as small claims courts, traffic courts, and family courts, which […]
Read moreFraud takes place when a person deliberately practices deception in order to gain something unlawfully or unfairly. In most states, the act of fraud can be classified as either a civil or a criminal wrong. While fraud is most commonly committed to obtain benefits of value, it sometimes occurs solely for the purpose of deceiving another person or entity. For […]
Read moreForgery is a criminal act that takes place when a person falsifies something with the intent to deceive another person or entity. There are many kinds of forgery, but all are considered crimes in the United States. Forgery has a long history, but it became more common in the 20th century as technology has made it easier for criminals to […]
Read moreLarceny is a crime that is committed when a person unlawfully takes personal property or assets belonging to another person. In some states, larceny and theft go hand in hand, but in others, there is a clear definition between the two. Larceny is considered a statutory offense and the exact charges can vary depending on the value of the property […]
Read moreEmbezzlement is a crime that takes place when a person purposely withholds or uses assets and monies for a purpose other than for what it is intended. Also referred to as “financial fraud” or “larceny,” embezzlement is typically committed by an employee who is in charge of an agency or company’s finances, or a person who has responsibilities pertaining to […]
Read moreThe exclusionary rule prevents the government from presenting evidence in trial which was gathered in violation of the Fourth Amendment’s protection against illegal search and seizure. A doctrine commonly used in American courts, the exclusionary rule discourages police and other law enforcement agents from obtaining evidence illegally. The court will suppress or ban evidence that was gathered in violation of […]
Read moreAn arraignment is a hearing at which a person accused of a crime is called before the court to hear the charges against him. In many jurisdictions, the first appearance a defendant makes before the court, often for the purpose of requesting bail, is referred to as an arraignment, however a true arraignment occurs after the defendant has been arrested […]
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