Criminal Law Dicnonary Essay Research Paper Entrapment

Criminal Law Dicnonary Essay, Research Paper

Entrapment

The inducement, by law enforcement officers or their agents, of another person to commit

a crime for the purposes of bringing charges for the commission of that

artificially-provoked crime. This technique, because it involves the commission of a crime,

which is itself a crime, is severely curtailed under the constitutional law of many states.

Estoppel

a rule of law that when person A, by act or words, gives person B reason to

believe a certain set of facts upon which person B takes action, person A cannot later,

to his (or her) benefit, deny those facts or say that his (or her) earlier act was

improper. A 1891 English court decision summarized estoppel as “a rule of evidence

which precludes a person from denying the truth of some statement previously made

by himself”.

certiorari

A writ of certiorari is a form of judicial review whereby a court is asked to

consider a legal decision of an , judicial office or organization (eg. government) and to

decide if the decision has been regular and complete or if there has been an error of law.

For example, a certiorari may be used to wipe out a decision of an administrative tribunal

which was made in violation of the rules of natural justice, such as a failure to give the

person affected by the decision an opportunity to be heard.

Circumstantial evidence

which may allow a judge or jury to deduce a certain fact from other facts which have been

proven. In some cases, there can be some that can not be proven directly, such as with an

eye-witness. And yet that may be essential to prove a case. In these cases, the lawyer will

provide the judge or juror with of the circumstances from which a juror or judge can

logically deduct, or reasonably infer, the fact that cannot be proven directly; it is proven by

the of the circumstances; hence, “circumstantial” . Fingerprints are an example of

circumstantial evidence: while there may be no witness to a person’s presence in a certain

place, or contact with a certain object, the scientific evidence of someone’s fingerprints is

persuasive proof of a person’s presence or contact with an object.

Case law

The entire collection of published legal decisions of the courts which, because of ,

contributes a large part of the legal rules which apply in modern society. If a rule of law

cannot be found in written laws, lawyers will often say that it is a rule to be found in “case

law”. In other words, the rule is not in the books but can be found as a principle of law

established by a judge in some recorded case. The word has become synonymous for case

law.

Class action

When different persons combine their lawsuits because the facts and the defendant are so

similar. This is designed to save Court time and to allow one judge to hear all the cases at

the same time and to make one decision binding on all parties. Class action lawsuits would

typically occur after a plane or train accident where all the victims would sue the

transportation company together in a class action suit.

Ad hoc

Latin: for this purpose; for a specific purpose. An ad hoc , for example, is created with a

unique and specific purpose or task and once it has studied and reports on the matter, it

stands disbanded (compare with ).

Ad litem

Latin: for the suit. A person appointed only for the purposes of prosecuting or defending

an action on behalf of another such as a child or mentally-challenged person. Also called a

guardian ad litem.

Res judicata

Latin: A matter which has already been conclusively decided by a court.

Nolo contendere

Latin for “I will not defend it.” Used primarily in criminal proceedings whereby the

defendant declines to refute the evidence of the prosecution. In some jurisdictions, this

response by the defendant has same effect as a plea of guilty.

Writ

An official court document, signed by a judge or bearing an official court seal, which

commands the person to whom it is addressed, to do something specific. That “person” is

typically either a sheriff (who may be instructed to seize property, for example) or a

defendant (for whom the writ is the first notice of formal legal action. In these cases, the

writ would command the person to answer the charges laid out in the suit, or else

judgment may be made against them in their absence).

Mootness

Also called a “moot point”: a side issue, problem or question which does not have to

be decided to resolve the main issues in a dispute

Pardon

A pardon is a government decision to allow a person who has been convicted of a crime,

to be free and absolved of that conviction, as if never convicted. It is typically used to

remove a criminal record against a good citizen for a small crime that may have been

committed during adolescence or young adulthood. Although

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