The Law Dictionary for Everyone
The legal term exigent circumstances refers to a situation in which a law enforcement officer with a pressing need to enter a residence without a warrant, is allowed to do so without violating the resident’s constitutional rights against unreasonable search and seizure. This is because emergency circumstances often outweigh the need for a warrant. The Fourth Amendment to the U.S. […]
Read moreJudicial activism is a legal term that refers to court rulings that are partially or fully based on the judge’s political or personal considerations, rather than existing laws. In basic terms, judicial activism occurs when a judge presiding over a case allows his personal or political views to guide his decision when rendering judgment on a case. The topic of […]
Read moreJurisdiction is the authority granted by law to the courts to rule on legal matters and render judgments, according to the subject matter of the case, and the geographical region in which the issue took place. Areas of jurisdiction apply to local, state, and federal laws, which means that, for instance, a violation of federal law is tried in federal court. To explore this […]
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 moreIn 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 moreThe Latin term a priori refers to knowledge that comes from theoretical reasoning, rather than from actual observation or personal experience. In the term’s most basic use, a person could assume that, if Bobby went to Kindergarten at least six days, he went to Kindergarten more than five days. In its practical use, however, a priori describes knowledge that exists […]
Read moreThe legal term amicus curiae is a Latin phrase that literally means “friend of the court.” The term is used to refer to a legal brief, called an amicus brief that may be filed with an appellate court, including a supreme court, by a party not involved with a current case, but in support of one side or another on […]
Read moreThe legal term writ of mandamus refers to an order by a court to a lesser government official to perform an act required by law, which he has refused or neglected to do. This type of court order is a remedy that may be sought if a governmental agency, public authority, or corporation in service of the government, fails or […]
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 moreVoir dire is the process by which potential jurors are chosen from a pre-selected jury pool. During this phase of jury selection, the attorneys for each party, as well as the judge, ask questions of each potential juror to determine whether he or she has any bias regarding the case, or other reason he or she should not be chosen. […]
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