criminal law and procedure

accusatory instrument

An accusatory instrument, similar to a criminal complaint, is a document which formally accuses a defendant of a criminal offense. Generally, this document must be signed by a party who has knowledge that the alleged criminal conduct took...

accused

"Accused" is a person who has been arrested for or formally charged with a crime. It is a generic name for the defendant in a criminal case.

This case from Tennessee, explains that a person becomes "accused" for purposes of...

acknowledgment

Acknowledgement refers to a formal declaration before an official that one has executed a particular legal document. Some common usages of the term “acknowledgement” in a legal sense include:

Cases such as this one from Nebraska,...

acquit

Acquit means to set free, release or discharge as from an obligation, burden, or accusation. It is what a jury or a judge sitting without a jury does at the end of a criminal trial, if the jury or the judge finds the accused defendant not...

act

An act in the legal sense refers to either a voluntary bodily movement or a term for a body of law/proposed law.

In the criminal law context, an act is part of the concept of actus reus and, therefore, is a prerequisite to...

act of God

An act of God refers to a severe, unanticipated natural event for which no human is responsible. Despite its facial religious connections, the usefulness of the term means “act of God” is frequently used in otherwise secular statutory and...

action

An action refers to a judicial proceeding. If a party brings a civil or criminal case against you, an action has been brought against you. The party bringing the action is the plaintiff /prosecution respectively.

[Last updated in...

actionable

A claim is actionable if there exist sufficient circumstances to meet the requirements of a cause of action. For example, a claim for the tort of battery is actionable if a person intentionally and without your consent made contact with you...

actual cause

Actual cause is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law. In both civil and criminal cases, actual cause is determined by the but-for cause test; however, some jurisdictions also...

actual innocence

Actual innocence refers to a failure of proof defense arguing that the prosecution failed to prove all relevant elements of a charged crime beyond a reasonable doubt.

Unlike affirmative defenses, which all argue the...

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