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Glossary

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    100674
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    Glossary Entries

    Word(s)

    Definition

    Source
    act a bodily movement whether voluntary or involuntary Model Penal Code § 1.13(2) by American Law Institute
    action see "act"  
    actor where relevant, a person guilty of an omission Model Penal Code § 1.13(6) by American Law Institute
    ad hoc Latin for "to this" and means “for this purpose only”; ad hoc decisions are based solely on the particular circumstances of a particular case Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    adjudicate issue decisions, judgments, and orders that are legally binding on others regarding related to legal issues and disputes Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    appeal a challenge to a previous legal determination by a lower court Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    appellant the party who appeals a lower court's judgment or order to a higher court to overturn or modify a decision made by the lower court (some courts refer to this party as the petitioner) Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    appellee the party against whom the appeal is filed and responds to and defends the appeal (see also "appellant" and "respondent") Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    bill of attainder a legislative act that declares someone guilty of a crime without a trial Justia Legal Dictionary
    Bill of Rights the first ten amendments to the U.S. Constitution Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    breach of contract when a party to a contract fails to perform their promised obligations Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    civil law in the United States context, a branch of law that governs the non-criminal rights and duties of persons (both natural persons and legal persons) and the legal relations between them (not to be confused with a civil law legal system, which exist in other countries, but not in the United States); generally, civil law is not about the relationship persons and the government, as is the case in criminal law Wex Legal Encyclopedia by Cornell Law School Legal Information InstituteRoles in Civil Legal Systems by United States Department of Justice
    common law law developed through judicial decisions rather than enacted statutes, regulations, treaties, or the Constitution Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    complaint the initial pleading filed that starts a lawsuit Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    conduct an action or omission and its accompanying state of mind, or, where relevant, a series of acts and omissions Model Penal Code § 1.13(5) by American Law Institute
    criminal law a branch of law concerned with crimes and the punishment of individuals who commit crimes Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    defendant an individual or entity against whom (1) a lawsuit is filed or (2) a criminal charge is brought Wex Legal Encyclopedia by Cornell Law School Legal Information InstituteJustia Legal Dictionary
    elements elements (of a crime) are the component parts of a crime, each of which the prosecution must prove beyond a reasonable doubt to establish the criminal liability Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    equal protection A fundamental right implying that every person should have the same access to legal and court procedures, be given fair treatment under the law, and enjoy similar substantial legal rights (see also the Fourteenth Amendment) Justia Legal Dictionary
    ex post facto Latin for "from a thing done afterward"; ex post facto laws usually are criminal laws that apply to a defendant retroactively (i.e., criminalizing the defendant's conduct despite the conduct being legal when it occurred) Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    extrajudicial confession an admission of guilt made by an accused person outside the courtroom and not before a magistrate  Understanding Extra-Judicial Confessions: Legal Implications and Evidentiary Value, Criminal Justice Processes, LawNotes by TheLaw.Institute
    Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.  
    First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.  
    Fourteenth Amendment  Section 1: "No state shall ... deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." (See the entire amendment here.)  
    fundamental right a constitutional right recognized by the U.S. Supreme Court as requiring a high degree of protection from the government's encroachment; typically, a right is deemed fundamental when determined to be so important for individual liberty that it should be beyond the reach of the political process, and thus implicitly treated as part of the Constitution Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    ibid. used to reference the exact same source and page number the source/page immediately preceding it (compare to id.) The Bluebook v. California Style Manual by Vicki Steiner via Pepperdine Law School
    id. used to reference the exact same source as the source immediately preceding it, although the location within the source may be different (compare to ibid.) R.6.2.2, The Indigo Book: A Manual of Legal Citation by Christopher Sprigman & Jennifer Romig et al. eds., Public.Resource.Org 2d ed. (2021); 
    infra. used to reference a source that is referenced later in the same document See R. 3.5, The Bluebook: A Uniform System of Citation (online edition) by The Columbia Law ReviewThe Harvard Law ReviewThe University of Pennsylvania Law Review, and The Yale Law Journal (eds.)
    intermediate scrutiny see "intermediate scrutiny test"  
    intermediate scrutiny test

    a judicial review approach used to assess the constitutionality of a law that affects (a) "quasi-suspect" classes like sex/gender and (b) some First Amendment cases

    • the law will be deemed constitutional under this approach if it (1) furthers an important government interest and (2) does so by means that are substantially related to that interest
    Wex Legal Encyclopedia by Cornell Law School Legal Information InstituteJustia Legal Dictionary
    judgment a final decision made by a court or tribunal after considering all of the relevant evidence, rights, and obligations involved Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    judicial review the doctrine—fundamental to the U.S. system of government—that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    justification generally, conduct which the actor believes to be necessary to avoid a harm or evil to themselves and for which they should not be criminally liable Model Penal Code § 3.02 and  by American Law Institute
    legal person a human or a non-human legal entity treated as a person for legal purposes Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    Model Penal Code a model code assembled by the American Legal Institute that was first promulgated in 1962; following the MPC’s promulgation, many states’ criminal codes underwent significant reforms, and to this day, many states’ criminal codes are based on the MPC Wex Legal Encyclopedia by Cornell Law School Legal Information InstituteModel Penal Code by American Law Institute
    moot when an issue or case has been resolved in some way, and a court's judgment favorable to any side would no longer have an effect Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    MPC Model Penal Code  
    natural person a living human being Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    omission failure to act Model Penal Code § 1.13(4) by American Law Institute
    order a decision issued by a court or authoritative body Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    overbreadth

    when a law unconstitutionally reaches beyond the scope of the subject matter it was originally intended to cover, causing it to cover activity that it was not intended to cover (e.g., unjustifiably restraining constitutionally protected conduct)

    Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    overbroad see "overbreadth"  
    person any natural person and, where relevant, a corporation or an unincorporated association (includes "he," "she," and "actor") Model Penal Code § 1.13(8) by American Law Institute
    personal jurisdiction the power of a court to subject a defendant to a legally binding judgment, decision, or order Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    petition a formal application in writing made to a court or other official body requesting some judicial action Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    petitioner the party who presents a petition to the court; in the context of an appeal, the petitioner is usually the party who lost in the lower court (also referred to as the appellant) Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    plaintiff a natural person, legal person, or entity that starts a civil lawsuit to claim damages, enforce a contract, or seek a court's ruling on rights Justia Legal Dictionary
    procedural a classification of law relating to the rules, processes, and methods of enforcing substantive laws (e.g., the requirements of reasonable suspicion for stops and frisks, and probable cause for searches and seizures) Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    procedural due process the constitutional requirement that federal and state governments abide by certain procedures to protect the essential interests of all people within the United States Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    prosecution in the criminal law context, (1) the process of initiating and pursuing a criminal legal action against a defendant accused of committing a crime; or (2) the group responsible for initiating and pursuing a criminal legal action against a defendant accused of committing a crime Justia Legal Dictionary
    prosecutor an attorney elected or appointed by local government officials to represent the state in a criminal case brought in a judicial district or designated county (sometimes also referred to  as a district attorney or state's attorney) Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    protected class a protected class is a group of people that federal or state law shields from discrimination or retaliation, usually based on traits like race, ethnicity, sex, gender identity, sexual orientation, religion, or disability Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    public defender a court-appointed attorney, compensated by governmental funds, who represents clients charged with criminal offenses and who can't afford their own defense Justia Legal Dictionary
    rational basis see "rational basis test"  
    rational basis test

    a judicial review approach used to assess the constitutionality of a law that (generally) does not involve a fundamental right, suspect class, or quasi-suspect class; if this test applies, the law is presumptively constitutional, and the party challenging the law has the burden to demonstrate that the law is unconstitutional

    • the law will be deemed constitutional if it (1) involves a legitimate government interest and (2) is rationally related to furthering the interest  
    Wex Legal Encyclopedia by Cornell Law School Legal Information InstituteJustia Legal Dictionary
    respondent  the party against whom a petition is filed (i.e., the party opposing the petitioner/appellant), especially one for the purposes of appeal Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    rule of law the principle under which everyone is bound by laws that are (1) established by the government, (2) equally enforced, (3) adjudicated independently, and (4) consistent with one's rights and the principles underlying those rights  Overview - Rule of Law by the Administrative Office of the United States Courts
    selective incorporation a doctrine through which parts of the Bill of Rights are deemed applicable to the states through the Due Process Clause of the Fourteenth Amendment (i.e., incorporated into the Fourteenth Amendment) Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    statute of limitations in the civil context, a time frame set by law during which a person who has experienced an injury or harm can take legal action; in a criminal context, a time frame within which a criminal offense can be prosecuted after the crime's commission Justia Legal Dictionary
    strict liability in the civil context, legal responsibility for certain legal violations or harms caused by inherently hazardous materials or activities or defective (abnormally dangerous products) without needing to prove intent or negligence; in the criminal context, legal responsibility for certain prohibited actions without needing to prove intent or other mental state Wex Legal Encyclopedia by Cornell Law School Legal Information InstituteJustia Legal Dictionary
    strict scrutiny see "strict scrutiny test"  
    strict scrutiny test

    a judicial review approach used to assess the constitutionality of a government action or law that burdens a fundamental right or involves a suspect class of one or more individuals; if this test applies, the government action is presumptively unconstitutional, and the government has the burden to demonstrate that the action or law was constitutional

    • the action or law will be deemed constitutional only if (1) it is necessary to achieve a compelling government interest, (2) it is narrowly tailored to further the interest, and (3) it is the least restrictive means of furthering the interest
    Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    subject matter jurisdiction the power of a court to adjudicate a particular type of matter and provide the remedy demanded. Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    substantive a classification of law relating to statutes, administrative agency regulations, ordinances, and agency policies that govern a party's rights and obligations (e.g., a statute that prohibits homicide or defines self-defense) Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    substantive due process the constitutional requirement that the content of federal and state laws (i.e., the prohibitions and requirements of the laws) must protect the people from government interference with their fundamental rights Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    supra used to reference a source that was referenced earlier in the same document R.6.2.3, The Indigo Book: A Manual of Legal Citation by Christopher Sprigman & Jennifer Romig et al. eds., Public.Resource.Org 2d ed. (2021); see also R. 3.5, The Bluebook: A Uniform System of Citation (online edition) by The Columbia Law ReviewThe Harvard Law ReviewThe University of Pennsylvania Law Review, and The Yale Law Journal (eds.)
    suspect class a class of individuals who have been historically subject to discrimination (protected by the Fourteenth Amendment's Equal Protection Clause) Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    torts acts or omissions (i.e., failure to act when the law requires) that give rise to injury or harm and amounts to a civil wrong for which a court may impose liability Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    United States Attorney otherwise referred to as a U.S. Attorney or federal prosecutor, an attorney who represents the federal government in the prosecution of criminal cases Wex Legal Encyclopedia by Cornell Law School Legal Information Institute; see also Office of the United States Attorneys by United States Department of Justice
    United States District Court trial court in the federal court system Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    vacate in legal proceedings, set aside or annul a previous court judgment or order Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
    void for vagueness when a law is unconstitutional because it is so unclear or ambiguous that a typical person cannot determine what it means or how to apply it Justia Legal Dictionary
    voluntary when the actor has control over their conduct, which does not include (a) reflexes or convulsions; (b) bodily movements during unconsciousness or sleep; (c) conduct during hypnosis or resulting from hypnotic suggestion; or (d) bodily movements that otherwise are not a product of the effort or determination of the actor, either conscious or habitual. Model Penal Code § 2.01 by American Law Institute
    writ of prohibition a judicial order that a higher court may use to prevent a lower court from taking an action Wex Legal Encyclopedia by Cornell Law School Legal Information Institute
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