Court Officer Exam: Legal Definitions

Although extensive legal knowledge is not required, all court officers should be familiar with common legal definitions, particularly those that will be used in their daily activities as court officers.
To prepare for the court officer exam, it is a good idea to build your bank of words. The greater your base of word knowledge, the easier it will be for you to answer any legal vocabulary question that comes your way. Each night, target ten words that you do not know. Study the definitions. Try to use the words in conversation, in your reports or memos, or in an e-mail. The more you use a word, the more familiar it will become to you. When words are familiar, you can count on them to help you with all forms of communication—or to pass any kind of test.

Additional Resources
A legal dictionary should be part of every court officer's reading list. Many Internet sites offer free legal definitions.

Websites
Duhaime's Legal Dictionary http://www.duhaime.org/legaldictionary.aspx
FindLaw for Legal Professionals http://dictionary.lp.findlaw.com
The Free Dictionary http://legal-dictionary.thefreedictionary.com
Jurist Legal Intelligence http://jurist.law.pitt.edu/dictionary.htm
Law.com http://dictionary.law.com
Nolo's Plain English Law Dictionary http://www.nolo.com/dictionary/
WWLIA Legal Information Services http://www.wwlia.org/Legal Dictionary.aspx

Prefixes, Suffixes, and Word Roots
A familiarity with common prefixes, suffixes, and word roots can dramatically improve your ability to determine the meaning of unfamiliar vocabulary words. The following tables list common prefixes, suffixes, and word roots; their meanings; an example of a word with that prefix, suffix, or word root; the meaning of that word; and a sentence that demonstrates the usage of the word. Refer to this list often to refresh your memory and improve your vocabulary.

Prefixes
Prefixes are syllables added to the beginnings of words to change or add to their meanings. This table lists some of the most common prefixes in the English language.

Prefix - Meaning - Example - Definition - Sentence

a - without - atheist n. - to be without - My friend, John, is an atheist and did not want to attend the wedding church ceremony

ab - away from - abnormal adj. - unusual - He has very abnormal hair.

ante - before - anticipate v. - to give advance thought to His decades of experience allowed him to anticipate the problem.

anti - against - antipode n. - exact or direct opposite - North is the antipode of south.

auto - by oneself - automaton n. - a robot; a person who seems to a act mechanically without thinking. - The workers on the assembly line looked like automatons.

be - all over - believe v. - to have faith - My daughter believes in Santa Claus.

bi - two - bisect v. - to divide into two equal parts - If you bisect a square, you will get two rectangles of equal size.

circum - around - circumscribe v. - to draw a line - She carefully circumscribed the space that yould become her office.

co - together - cohesive adj. - united - Although they come from different backgrounds, they have a cohesive team.

con - with - consensus n. - general agreement - After hours of debate, the group finally reached a consensus and selected a candidate.

contra - contradict v. - to state the opposite - Why do you need to contradict everything I say?

counter - counterproductive adj. - going against the goal - Complaining is counterproductive.

de - down - descend v. - to move downward - The airplane will descend prior to landing.

dis - away - dispel v. - to drive away - To dispel rumors that I was quitting, I scheduled a series of meetings for the net three months.

not - disorderly adv. - messy - He has a disorderly room.

duo - duality n. - having two sides or parts - The novel explores the quality of good and evil in human beings, also known as our duality.

ex - out from - expel v. - to drive out or away - Let's expel the invaders!

in - invariable adj. - not changing - The weather here is invariable.

inter - interact v. - to act upon or influence - The psychologist took notes while watching the kids interact.

intra - within - intravenous adj. - within or into - The nurses always administered his medication intravenously.

intro - into, within - introvert n. - a shy or withdrawn person - Unlike his sister, Zak was a real introvert and rarely left the house.

in, into - induct v. - to bring in(to group) - He was inducted into the Baseball Hall of Fame.

macro - large - macrocosm n. - the large-scale world - Any great macrocosm will eventually affect the microcosm.

mal - bad, wrong - maltreat v. - to treat badly - After the dog saved his life, Philip swore he would never maltreat another animal.

ill - malaise n. - discomfort or illness - The malaise many women feel during the first few months of pregnancy is called 'morning sickness.'

micro - small - microcosm n. - little or miniature version of a whole - Brooklyn Heights, directly across the East River, is a microcosm of Manhattan.

mini - minority, n. - small group within a larger group - John lost the election because he only had the minority vote.

mis - wrong - misuse v. - to use wrongly - He likes to misuse his authority by asking his employees to pick up his dry cleaning.

mono - one - monologue n. - a long speech by one person - I was very moved by the monologue in scene III.

multi - many - multifaceted adj. - having many sides - This problem is multifaceted and we should make sur we examine all sides carefully.

non - nonviable adj. - not able to live or survive - Starting a new business is nonviable in today's economy.

op - oppose v. - to go against - She wants to oppose me in the election.

pent - five - pentameter n. - a line of verse (poetry) with five metrical feet - Most of Shakespeare's sonnets are written in iambic pentameter.

per - very - persuade v. - to push one in a certain direction - He tried to persuade me to go on the trip even though I said I have an exam guide to write.

poly - polyglot n. - one who speaks or understands several languages - It's no wonder she's a polyglot; she's lived in eight different countries.

port - carry - portable n. - capable of being moved or carried - This playpen is portable for families on the go.

post - after - postscript n. - message added after the close of a letter - His postscript was almost as long as his letter.

pre - precede v. - to come before - The appetizers precede the dinner.

pro - forward - protect v. - to watch over - I will always protect my child from danger.

false - pseudonym n. - false or fake name - Mark Twain is a pseudonym for Samuel Clemens.

quad - four - quadruped n. - an animal with four - Some quadrupeds evolved into bipeds.

quint - quintuplets n. - five offspring born at one time - Each quintuplet weighed three pounds.

re - back - remember v. - to have a memory of Do you remember all the crazy times we had in high school?

sub - under - subvert v. - to bring about the destruction of His attempt to subvert his boss cost him his job.

super - above, over - supervisor n. - one who watches over - Alex refused the promotion because he didn't feel comfortable being his friend's supervisor.

term - end - terminate v. - to end - The budget cuts led the committee to terminate his position.

tetra - tetralogy n. - artistic works - Series of related 'Time Zone' was fourth and final work in Classman's tetralogy.

trans - change - transform n. - the act or process of undergoing change - Your transformation to adulthood was incredible.

tri - three - triangle n. - a figure having three angles - In an isosceles triangle, two of the three angles are the same size.

un - not, against - unmindful adj. - unaware - He is unmindful of his wife's feelings.

uni - unify v. - to form into a single unit; to unite - The new leader was able to unify the three factions into one strong political party.

voc - to call - vocation n. - one's profession - I am proud to be a part of the teaching vocation.

Suffixes
Suffixes are syllables added to the ends of words to change or add to their meanings. This table lists some of the most common prefixes in the English language.

acy - quality or state of indeterminacy n. - state or quality of being undetermined - The indeterminacy of his statement made it impossible to tell which side he supported.

al - capable of practical adj. - suitable for use - He has years of practical, on-the-job experience.

ance, ence - quality - tolerance n. - ability to tolerate - She has a high level of tolerance for rudeness.

ant, ent - performs an action - applicant n. - one who applies - There were many applicants to consider, but Kim had the highest GPA.

ary - place for sanctuary n. - a sacred place - With three noisy roommates, Ellen frequently sought the quiet sanctuary of the library.

ate - to cause - esuscitate v. - to bring back to life - Thanks to a generous gift, we were able to resuscitate the study-abroad program.

arboretum n. - a garden devoted primarily to trees - They built a deck with an arboretum for their bonsai tree collection.

cide - kill - pesticide n. - Substance for killing insects - The pesticide is also dangerous for humans.

dom - state of wisdom n. - having knowledge - His old age has given him many years of wisdom.

en - broaden v. - to widen - Traveling around the world will broaden your understanding of other cultures.

er, or - one who does something - director n. - a person who provides guidance - The work of this director was really outstanding in this play.

ful - full of meaningful adj. - significant - When Robert walked into the room, Annette gave him a meaningful glance.

ia - diseases - anorexia n. - an eating disorder - She has been hospitalized for anorexia twice before.

ial - pertaining to commercial adj. - of or engaged in commerce - Commercial vehicles must have special license plates.

ian, an related to human n. - of human species - It is human to cry.

ic - aristocratic adj. - of or pertaining to the aristocracy - Although she was never rich or powerful, she has a very aristocratic manners.

ify, fy - to make - electrify v. - to charge - The singer will electrify the audience with her performance.

ile - capability - fragile adj. - breakable B. very careful, that box is fragile; my china is inside.

ing - action - singing v. - to sing - The chorus was singing all day.

ion - selection n. - choice - The selection process was very difficult because each candidate had excellent qualifications.

ish - having the quality of childish adj. - like a child - He didn't get the job because of his childish behavior during the interview.

ism - quality, state or condition of optimism n. - belief that things will work out for the best - Her optimism makes people want to be around her.

itis - inflammation - tonsillitis n. - inflammation of the tonsils - Her tonsillitis was so severe that doctors had to remove her tonsils immediately.

ity - morality n. - state of being moral - He argued that the basic morality of civilized societies hasn't changed much over the centuries.

ive - descriptive adj. - giving a description - The letter was so descriptive that I could picture every place she'd been.

ize - alphabetize v. - to put in alphabetical order - Please alphabetize these files for me.

less - lacking - painless adj. - without pain - The doctor assured me that it is a painless procedure.

ly - in the manner of boldly adv. - in a bold manner - Despite his fear, he stepped boldly onto the stage. - 
ment - act or condition of judgment n. - ability to judge or make wise decisions - He exercised good judgment by remaining silent during the meeting.

ness - happiness n. - to be happy - Your happiness means the world to me.

ology - the study of zoology n. - the scientific study of animal life - She took a summer job at the zoo because of her strong interest in zoology.

or, er - one who performs - narrator n. - one who tells the an account - A first-person narrator is usually not objective.

orus, ose - humorous adj. - full of humor - His humorous speech made the evening go by quickly.

otic - process - hypnotic adj. - mesmerizing - He was so handsome, I fell into a hypnotic state.

ship - status - friendship n. - act of being friends - She ended our 11-year friendship for no reason.

tion - act, state, or - condition of completion n. - the act of The second siren signaled the completion of the fire drill.

ty - state - anonymity n. - state of being anonymous - Your anonymity is guaranteed when you make a report to the Fairfield Crime Hotline.

ure - act - assure v. - to promise - I can assure you that your job is safe.

y - inclination - dreamy adj. - dream like - I have been in a dreamy state all day.

Common Latin Word Roots
Many words in the English language have their origins in Latin. The following table shows the original Latin words that we have used to create various English words. The Latin words serve as roots, providing the core meanings of the words; prefixes, suffixes, and other alterations give each word its distinct meaning. The word roots are listed in alphabetical order.

Root - Meaning - Example - Definition - Sentence

to love - amorous adj. - readily showing or feeling love - She told him to stop his amorous advances, as she was already engaged.

audire - to hear - audience n. - assembled group of listeners or spectators; people within hearing - The audience was stunned when the game show host slapped the contestant.

bellum - war - belligerent adj. - inclined to fight; hostile, aggressive - The citizens feared that their belligerent leader would start an unjust war.

capere - to take - captivate v. - to capture the fancy of The story captivated me from the beginning; I couldn't put the book down.

dicere - to say, speak - dictate v. - to state or order; to say what needs to be written down - She began to dictate her notes into the microphone.

ducere - to lead - conduct v. - to lead or guide (through) - He conducted a detailed tour of the building.

facere - to make or do - manufacture v. - to make or produce - The clothes are manufactured here in this factory.

lucere - to light - lucid adj. - very clear - No one could possibly have misunderstood such a lucid

manus - hand - manicure n. - cosmetic treatment of the finger nails - To maintain her long fingernails, she gets a manicure every week.

medius - middle - median adj. - middle point; middle in a set of numbers - The median household income in this wealthy neighborhood is $89,000.

mittere - to send - transmit v. - to send across - The message was transmitted over the intercom.

omnis - all, every - omnipresent adj. - present everywhere - That top-40 song is omnipresent; everywhere  I go, I hear it playing.

plicare - to fold - application n. - putting one thing on another; making a formal request - His loan application was denied because of his poor credit history.

ponerel, positum - to place - position n. - the place a person or thing occupies - Although he is only 22, he holds a very powerful position in the company. - 
portare - to carry - transport v. - to carry across - The goods will be transported by boat.

quarere - to ask, inquiry n. - act of inquiry, investigation, or questioning - The inquiry lasted several months but yielded no new information.

scribere - to write - scribe n. - person who makes copies of writing - The scribe had developed thick calluses on his fingers from years of writing.

sentire - to feel - sentient adj. - capable of feeling - No sentient beings should be used for medical research.

specere - to look at - spectacle n. - striking or impressive sight - The debate was quite a spectacle—you should have seen the candidates attack one another.

spirare - to breathe - respiration n. - the act of breathing - His respiration was steady, but he remained unconscious.

tendere - to stretch - extend v. - to make longer, stretch out - Please extend the deadline by two weeks so we can complete the project properly.

verbum - word - verbatim adv. - word for word - The student failed because she had copied an article verbatim instead of writing her own essay.

Common Greek Word Roots
Many other English words have their origins in the ancient Greek language. The following table shows the Greek words that we have used to create various English words. The Greek words serve as roots, providing the core meanings of the words; prefixes, suffixes, and other alterations give each word its distinct meaning. The word roots are listed in alphabetical order.

Root - Meaning - Example - Definition - Sentence

bios - life - biology n. - the science of living organisms - He is majoring in biology and plans to go to medical school.

chronos - time - chronological adj. - arranged in the order in which things occurred - The story is confusing because she did not put the events in chronological order.

derma - skin - dermatology n. - branch of medical science dealing with the skin and its diseases - She has decided to study dermatology because she has always been plagued by rashes.

gamos - marriage, union - polygamy n. - the practice or custom of having more than one spouse or mate at a time - Throughtout history, certain cultures have practice polygamy, but it is uncommon today.

genos - race, sex, kind - genocide n. - deliberate extermination of one race of people - The genocide in Bosnia in the 1990s created a generation of orphaned children.

geo - earth - geography n. - the study of earth's surface; the surface or topographical features of a place - The geography of this region made it difficult for the different tribes to interact.

graphein - calligraphy n. - beautiful or elegant handwriting - She used calligraphy when she addressed the wedding invitations.

krates - member of a group - democrat n. - one who believes in or advocates democracy as a principle of government - I have always been a democrat, but I refuse to join the Democratic Party.

kryptos - hidden, secret - cryptic adj. - concealing meaning; puzzling - He left such a cryptic message on my answering machine that I don't know what he wanted.

metron - to measure - metronome n. - device with a pendulum that beats at a determined rate to measure time or rhythm - She used a metronome to help her keep the proper pace as she played the song.

morphe - form - polymorphous adj. - having many forms - Most mythologies have a polymorphous figure, a 'shape shifter' who can be both animal and human.

pathos - suffering, feeling - pathetic adj. - arousing feelings of pity or sadness - Willy Loman is a complex character who is both pathetic and heroic.

philos - loving - xenophile n. - a person who is attracted to foreign peoples, cultures, or customs - Alex is a xenophile; I doubt he'll ever come back to the States.

phobos - fear - xenophobe n. - person who fears foreigners or different cultures or customs - Don't expect Len to go on the trip; he's a xenophobe.

photos - light - photobiotic adj. - living or thriving only in the presence of light - Plants are photobiotic and will die without light.

podos - foot - podiatrist n. - an expert in the diagnosis and treatment of ailments of the human foot - The podiatrist saw that the ingrown toenail had become infected.

psuedein - to deceive - pseudonym n. - false name - Was George Eliot a pseudonym for Mary Ann Evans?

pyr - fire - pyromaniac n. - one who has a compulsion to set things on fire - The warehouse fire was not an accident; it was set by a pyromaniac.

soma - body - psychosomatic adj. - of or involving both the mind and body - In a psychosomatic illness, physical symptoms are caused by emotional distress.

tele - distant - telescope n. - optical instrument for making distant objects appear larger and nearer when viewed through the lens - While Galileo did not invent the telescope, he was the first to use it to study the planets and stars.

therme - heat - thermos n. - insulated jug or bottle that keeps liquids hot or cold - The thermos kept my coffee hot all afternoon.

As you become more comfortable with prefixes, suffixes, and root words, you will inevitably become more comfortable with legal terminology. Nevertheless, there are certain legal terms that are utilized quite often in a courtroom setting. 

Legal terminology can be difficult and confusing for the novice, especially since most words are rooted in Latin. 
The following is a list of 100 common legal definitions and terms. This is not an exhaustive list, but it will help to familiarize you with some legal jargon. 
 

Accomplice: One who assists and/or partakes in the commission of a crime.
Acquittal: a judgment from the court that finds the defendant not guilty of the crime he or she allegedly committed.
Actus reas: A Latin term meaning the 'guilty act.' This element of the crime must be proven beyond a reasonable doubt.
Administrative law: A government agency, such as the Health Department, the FDA, or the parole board, that has the authority to make and enforce law in a specific area.
Affidavit: A written statement sworn to under oath.
Affirmative defense: A defense in which the defendant admits to committing the crime but states that it was done for a legitimate reason, such as self defense, duress, or necessity.
Aggravating circumstances: A factor presented during sentencing that is unfavorable toward the defendant and makes the crime appear worse.
Alibi: Evidence for a person's whereabouts on a particular date and time in a specific location.
Allocution: When a defendant admits to his or her crime in open court; this is often done as part of the plea bargaining process.
Appeal: An application to an appellate/intermediary court, also known as the Court of Appeals, to review the decision or judgment of a lower court.
Appellate jurisdiction: The authority of a higher court to review a lower court's decision.
Arraignment: A critical stage of the criminal justice process when a defendant is brought to court and notified of the charges against him or her; the defendant is also read his or her constitutional rights. A defendant may enter a plea of guilty, not guilty or no contest at this time. A judge will determine the defendant's eligibility for bail.
Arrest: When a person is seized and in police custody because he or she is accused of committing a specific crime.
Bailee/bailor: A bailee is someone who is in lawful possession of another's property. The bailor is the legal owner of that property. This differs from bail, which is a tangible guarantee that a defendant will appear in court on a specific date.
Bill of Rights: The first ten amendments to the U.S. Constitution which outline our freedoms and liberties, such as the right to religious expression, the right to assemble peacefully, and the right to privacy.
Burden of proof: Proof that is needed to lawfully establish an invasion or intrusion of one's privacy and/or one's liberty (e.g., a stop and frisk requires reasonable suspicion, an arrest requires probable cause, and a guilty verdict in a criminal trial requires guilt beyond a reasonable doubt).
Castle Doctrine: An element of self defense (depending on one's jurisdiction) which does not require a homeowner to retreat from the home when he or she is assaulted. The homeowner can use reasonable force to defend his or her 'castle.'
Certiorari: A writ asking a higher court to review a lower court's decision.
Civil commitment: A court process where one is involuntarily admitted into a psychiatric hospital based on clear and convincing evidence.
Clear and present danger: The test used by the Supreme Court to determine if one's speech can be restricted.
Common law: The system of judge-made law that originated in England and was used in early America. Today, all common law is codified (i.e., written or statutory law).
Competency to stand trial: A person's ability to aid a lawyer in his or her own defense and to understand the basic nature of the court proceedings.
Concurrent jurisdiction: When more than one court, or state has jurisdiction (legal authority) over a criminal or civil matter.
Confession: When one admits to their guilt.
Corpus delecti: These are all of the elements of the crime. It is a Latin phrase that means the 'body of the crime.'
Corrections: The components of our penal system that are responsible for making sure that the court-appointed punishment is enforced for convicted defendants. This includes jails, prisons, probation, and parole.
Corroborate: To present additional information to strengthen or support evidence or testimony.
Courts of general jurisdictions: A court that has the legal authority to overhear all types of cases.
Courts of limited jurisdiction: A court that has the legal authority to overhear specialized cases, such as traffic court, drug court, or family court.
Criminal contempt: A criminal charge based on one's misbehavior in court.
Cross examination: The questioning of a witness by the opposing party.
Curtilage: The property that immediately surrounds one's home and is used for domestic purposes. This area is protected from unreasonable searches and seizures via the Fourth Amendment.
Defamation: Ruining the character or reputation of another with false rumors in written (libel) or spoken (slander) form.
Delinquent offender: A juvenile who engages in behavior that violates the criminal penal code, such as kidnapping, rape, or robbery.
Deposition: The out-of-court recorded testimony of a witness. It may be used to preserve testimony, to gain information about a case (i.e., discovery), or to impeach one's statements later on.
Determinate sentence: A fixed sentence, such as 15 years or 50 years.
Direct examination: The questioning of a lawyer's own witness.
Discovery: The process by which one party is compelled to turn over its evidence to the other party. In criminal trials, the process of discovery requires the prosecutor to submit all evidence to the defense, even if such evidence is exculpatory (i.e., proves the defendant's innocence).
Double jeopardy: A legal rule found in the Fifth Amendment which prohibits a person from being tried for the same case twice.
Due process: One's guarantee of his or her constitutional rights during arrest, trial and the judicial process.
Duress: An affirmative defense to a criminal charge in which the defendant states that he or she committed the crime but was forced or coerced to do so.
Evidence: Anything offered as proof during a case. Evidence can be testimonial (witness statements), real (weapon or signed contract), or demonstrative (maps, graphs).
Exclusionary rule: A rule developed by the Supreme Court which maintains that all evidence obtained in violation of the Bill of Rights will have to be excluded at trial.
Exculpatory evidence: Evidence that favors the defendant's innocence.
Exigent circumstances: Emergency situations that require immediate action.
Extradition: Making an accused individual who has fled the state forcibly return to the area of original jurisdiction.
Ex post facto: Retroactive laws, which are unconstitutional; literally 'after the fact.'
Federalism: The division of power between the federal government and state government.
Felony: A serious criminal charge that can result in imprisonment for a year or more; in some jurisdictions, felonious behavior can result in a death sentence.
Felony murder: Any death committed during the commission of a felony; intent is not a required element.
Foreign Intelligence Surveillance Act (FISA): The passage of this law increased the government's ability to obtain wiretaps and search warrants for national defense purposes.
Forfeiture: Money or items linked to criminal activity can be confiscated by the government as part of one's sentence.
Frame up: When a law enforcement officer manipulates evidence to convict a particular defendant.
Fraud: Taking someone's money or property through deceitful means.
Frisk: A limited pat down of a person to search for weapons.
Fruit of poisonous tree doctrine: The exclusion of all evidence obtained through prior unconstitutional police conduct.
Good faith exception: An exception to the exclusionary rule if the prosecution can show that the officer in question was acting in 'good faith' (e.g., acting upon a search warrant later found to be invalid).
Grand jury: Composed of 16 to 24 people and used in half of the states to obtain an indictment in a criminal case. In the other half of the states, an information (formal criminal charge) is filed with a judge; the judge determines probable cause during this preliminary hearing.
Habeus corpus: The Latin phrase meaning 'to produce the body.' This is a writ asking the detaining body (jail or prison) to justify the continued incarceration of a particular defendant.
Hearsay evidence: Testimonial evidence that is based on a third party's knowledge. This is typically inadmissible in criminal court.
Immunity: An exemption from prosecution for possible criminal activity when a witness agrees to cooperate with the prosecutor's office.
Incarceration: Imprisonment in a secure correctional facility.
Inciting: Urging another person to commit an illegal act.
Indeterminate sentencing: A sentence of indeterminate duration. Such sentences have a minimum and a maximum length, such as 5 to 15 years, 50 to life, and so on.
Inevitable discovery: Allows the admission of unconstitutionally obtained evidence, in spite of the exclusionary rule, if the prosecutor can prove that such evidence would inevitably have been discovered by police in the near future.
Informant: A person who secretly gives information to the police regarding criminal matters.
Intermediate sanctions: Criminal sanctions that are halfway between an offender being free in the community or being in a secure correctional establishment. Examples of intermediate sanctions, also known as extra-institutional punishments or community-based sanctions, include probation, parole, electronic monitoring, house arrest, and halfway houses.
Interrogation: The process of police questioning.
Judgment: A court's final determination.
Jury nullification: When a jury ignores the law and bases its verdict on feelings and emotions rather than fact.
Magistrate: A judicial officer that has limited jurisdiction, such as issuing warrants, conducting bail hearings and arraignments, or ruling on child support.
Manslaughter: When the unlawful killing of a human being occurs with provocation.
Mens rea: A Latin phrase meaning 'guilty mind.' This is one's mental intent and is typically an element of the crime that needs to be proven beyond a reasonable doubt.
Misdemeanor: A criminal act that can be punishable only through a fine and/or less than one year in jail.
Mitigating circumstances: A factor presented during sentencing that is favorable toward the defendant and lessens his or her criminal responsibility.
Nolo contendere or no contest: The defendant does not admit or deny guilt but refuses to contest the charge. In Latin, this means 'I do not wish to contend.'
Obstruction of justice: Intentional acts that preclude the police or the courts from seeking the truth.
Overbreadth doctrine: The doctrine maintained by the Supreme Court that prohibits laws that broadly regulate and restrict constitutional freedoms.
Parole: The early conditional release of a criminal offender with an indeterminate sentence based on good behavior.
Plain view doctrine: If police see contraband in a place they are legally authorized to be, they may seize the contraband as evidence of a crime.
Pre-sentence investigation (PSI): A report that is typically completed by a probation officer and includes background information on the defendant and the crime, in addition to sentencing and/or treatment recommendations.
Probable cause: The standard of proof necessary to make an arrest; it means that there is sufficient evidence that the defendant committed the alleged crime of which he or she is suspected.
Probation: A conditional release into the community, in lieu of incarceration, under the supervision of a probation officer. Probation is the most common form of correctional supervision.
Reasonable doubt: If there is reasonable doubt in the minds of a jury or in the mind of a judge during a criminal trial, the jury or the judge must find the defendant not guilty. Guilt must be established beyond a reasonable doubt.
Recidivist: A repeat criminal offender.
Search warrant: A legal document authorized by a judge that allows law enforcement to search for particular items in a particular place.
Solicitation: Unlawfully attempting to get another to commit a crime act.
Standing: The legal right to challenge a violation of one's constitutional rights (also known as legal standing).
Statue of limitations: Legislatively imposed restrictions on how long a prosecution can occur after a crime has taken place.
Strict liability crimes: Crimes that require proof of only the actus reus, not the mens rea. Such crimes include felony murder and statutory rape.
Status offender: A juvenile who commits a law violating behavior as a result of his or her underage status, such as truancy or running away.
Stop and frisk: The Supreme Court standard that was established in the case of Terry v. Ohio; if officers have 'mere suspicion' that a suspect may be armed, they can perform a 'Terry stop and frisk.' This includes a pat down of a suspect's outer garments to search for weapons.
Subpoena: A court order requiring one's presence in court on a specific date and time to testify or present evidence.
Summons: A court order requiring a defendant's presence in court on a specific date and time to face charges.
Transferred intent: The doctrine that allows the legal system to prosecute a defendant for a crime if he or she had the intention of harming one person but mistakenly harmed someone else.
Trial de novo: A new trial that ignores the previous trial.
Venire: The process of selecting candidates for the jury pool.
Voir dire: The process of asking potential jurors questions to determine their eligibility for jury duty. It is a French phrase that translates to 'to tell the truth.'
Warrant: A court order that allows law enforcement to arrest a specific individual and/or search for evidence.
Venue: The proper location for a trial.
Color of law: The appearance of an act being performed based on legal rights and/or enforcement of a code or statute when, in reality, no legal rights exist.

 

Practice Questions:
1. Based on this information, which of the following is an example of a violation of acting under color of law? a. A police department arrests demonstrators for trespassing when the demonstrators have obtained a local authority permit for their protest march. b. An off-duty police officer who is out of his jurisdiction makes an arrest after witnessing a crime. c. A judge signs a warrant at her home instead of at the courthouse. d. A parking enforcement officer tickets his neighbor's abandoned vehicle.
Diligence: Reasonable care or attention to a matter that is sufficient to avoid a claim of negligence, or is a fair attempt.
2. A court officer must exercise diligence when attempting to service civil process. Which of the following is an example of diligence? a. A court officer drives past the service address three times before returning the process as unserved. b. A court officer discovers the intended party has moved. He interviews neighbors, and effects a postal search and a public record search to locate the party. c. A court officer leaves a contact card at the service address on the first service attempt and waits ten days for a call from the intended party. d. A court officer hands the process off to a civilian process server who lives closer to the service address.
3. What is another example of diligence? a. A woman hires a private detective to determine whether her husband is an adulterer. b. A couple asks for references from a potential housekeeper. c. A woman hires a private house inspector to evaluate a house she has contingently purchased. d. A man checks the engine oil level in a used car he is considering buying.
Reasonable wear and tear: A provision that limits an obligor's liability upon termination of a contract.
4. A reasonable wear and tear clause would NOT be found in which type of contract? a. a commercial equipment lease b. a consumer auto lease c. an apartment lease d. a sales contract for a used car
Loiter: To hang around a public location or business where there is no legitimate purpose.
5. Based on this definition, what is an example of loitering? a. A homeless man reads the newspaper daily in the public library from 9 a.m. to 6 p.m. b. An elderly woman sits in the park for five hours and feeds the birds. c. A prostitute occupies a bar stool for four hours after paying for one soft drink. d. A group of teenagers sit in front of a sporting goods store for two days in anticipation of the store's grand opening sales event.

Answers:

1. a. If the demonstrators have obtained a legal permit to protest, no trespass has occurred. The Civil Rights Act of 1964 cites similar incidents against the peaceful protests and the Freedom Riders. Choice b is incorrect because an officer who witnesses a crime outside his or her bailiwick has arrest authority of a similarly situated citizen. Choice c is incorrect because a judge may sign a warrant anywhere in his or her jurisdiction. Choice d is incorrect if the parking enforcement officer is empowered within his jurisdiction to cite abandoned vehicles.
2. b. The court officer sought information from three different sources. This is a reasonable effort to locate the party for service. Choice a is incorrect because no attempts at service or discovering information have been made. Choice c is incorrect because one attempt and a ten-day wait does not constitute diligent effort. Choice d is incorrect because the court officer has abandoned the assignment by passing it off to a civilian process server.
3. c. This is an example of due diligence that is carried out pursuant to a contract over a specified time. Choice a is incorrect because this function is self-serving. Choices b and d are incorrect because they are not conclusive.
4. d. A used car is purchased; the other three answers involve rentals of property that will be returned to the owner.
5. c. Prostitution is illegal and it is clear from this scenario that the prostitute is attempting to solicit trade by taking four hours to consume a soft drink. Choice a is incorrect because reading in the library is a legitimate purpose. Choice b is incorrect because the woman is utilizing the park for a purpose. Choice d is incorrect because the teenagers are planning to frequent the store and partake in a sales event.