criminal law and procedure

Definition

Written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation. Generally, an opposing party may not discover or compel disclosure of work product. In limited circumstances, however, an opposing party may discover or compel disclosure of work product upon a showing of "substantial need" and "undue hardship." Fed. R. Evid.

Definition

Someone authorized to practice law; a lawyer. Also called attorney and public attorney.

Illustrative caselaw

See, e.g. Supreme Court of Virginia v. Consumers Union of U.S., Inc., 446 U.S. 719 (1980).

Definition

See attorney's fees (or attorneys' fees).

Definition

The chief law enforcement officer of the federal government or a state. The U.S. Attorney General represents the United States in litigation, oversees federal prosecutors, and advises the President and heads of federal, executive departments on legal matters. State attorneys general represent their states in litigation, oversee prosecutors, and advise members of their states' executive branches on legal matters.

Definition

1) A lawyer who appears in court or receives pleadings and other formal documents on a party's behalf. Also known as counsel of record.

2) In patent and trademark law, a lawyer or agent named in a power of attorney filed by a patent or trademark applicant.

Definition

1) Someone authorized to practice law; a lawyer. Also called attorney-at-law and public attorney.

Definition

To testify or confirm that something is true, genuine, or authentic. See attestation. 

Illustrative caselaw

See, e.g. Keely v. Moore, 196 U.S. 38 (1904).

See also

• Attestation clause
• Estates and trusts

Definition

Although colloquially used interchangeably, in many jurisdictions, assault and battery are distinct crimes. In such jurisdictions, assault (also called attempted battery) is a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact, whereas battery is a physical act that results in that harmful or offensive contact. Assault

Definition

A document issued by a judge or magistrate upon a finding of probable cause that authorizes the police to take someone accused of a crime into custody. 

Illustrative caselaw

See, e.g. Kirk v. Louisiana, 536 U.S. 635 (2002).

Definition

To move towards the bench in order to have a conversation with the judge and opposing counsel off the record and/or out of the jury's earshot. An attorney or juror (during voir dire) must request to approach the bench, i.e. "Your honor, may I approach the bench?" 

Illustrative caselaw

See, e.g. People v. Maher, 675 N.E.2d 833 (N.Y. 1996).