courts and procedure

Definition

The use of legal authority to deprive someone of his or her freedom of movement.  Under U.S. law, placing someone under arrest triggers certain legal requirements, such as the requirement that the person be given the Miranda warning.  Under the Constitution, arrest is governed by the Fourth Amendment.

Illustrative caselaw

See, e.g. Maryland v. Shatzer, 130 S.Ct. 1213 (2010).

Definition

A period of time running from any date until the same date in the following year, e.g. from January 1 to January 1 of the following year. At common law, the statute of limitations for filing certain claims and prosecuting certain crimes. The term arose because a year from January 1 would traditionally run through December 31, not January 1. Also called "year and day."

Definition

A traditional manner in which to address a judge.

Illustrative caselaw

See, e.g. Uttecht v. Brown, 551 U.S. 1, 23 (2007).

See also

• Judge

Definition

In the law of evidence, certain subject matters are privileged, and can not be inquired into in any way. Such privileged information is not subject to disclosure or discovery and cannot be asked about in testimony. Usually, privileges exist not because of a fear that information provided will be inaccurate, but because there are public policy reasons the information should not be disclosed.

Definition

1) In civil and criminal procedure

To set aside or annul a previous judgment or order.

2) In property law

To surrender or leave the premises.

Definition

Acting in the capacity of.  After identifying a person, the word "qua" may be added to signify that the rest of the statement pertains to that person acting in the capacity of whatever title or position comes after "qua." 

Illustrative caselaw

See, e.g. New Jersey v. Delaware, 552 U.S. 597, 600 (2008).

See also

• Sine qua non

Definition

A jury's findings or conclusions on the factual issues presented by a case.  Sometimes, the term also refers to the judge's resolution of issues in a bench trial.

Illustrative caselaw

See, e.g. United States v. Booker, 543 U.S. 220 (2005).

See also

• Compromise verdict

Definition

1)  To give something up or surrender control, especially when required by law.

2)  To bring forth a result, as when a search yields criminal evidence or an investment yields a profit.

Illustrative caselaw

See, e.g. Schneckloth v. Bustamonte, 412 U.S. 218, 243 (1973).

Definition

Hazy, uncertain, or imprecise.  Used in reference to words — especially sentences and paragraphs — that are not clearly expressed. A criminal statute is void for vagueness if it is so vague that it fails to give a person fair notice of what conduct is prohibited or required. A statute is also void for vagueness if a legislature's delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions.

Definition

Latin for "it is vacated."  A rule or order that sets aside a judgment or annuls a proceeding.

Illustrative caselaw

See, e.g. Monsanto Co. v. Geertson Seed Farms, 130 S.Ct. 2743 (2010).

See also

• Vacate