criminal law

specific denial

Specific denial is the defendant's denial of specific material facts asserted in the plaintiff's complaint; in other words, a denial of parts of an allegation in a complaint. A circumstance in which the defendant does not deny all of the...

specific intent

Specific intent is a legal term referring to the actual intent to perform some act along with a desire for the consequences that result from that act. It implies that an individual not only intended to perform the act but also aimed to...

Speedy Trial Act (1974)

The Speedy Trial Act of 1974, codified at 18 U.S.C. § 3161 et seq., is a United States federal law that establishes time limits for completing various stages of a federal criminal prosecution. Its main purpose is to ensure that defendants are...

spousal immunity

Spousal immunity prohibits a prosecutor from forcing a defendant’s spouse to testify against them. This immunity is safeguarded by the Federal Rules of Evidence.

In a criminal case, the prosecution cannot compel the...

statement against interest

A statement against interest, or declaration against interest, is a statement that goes significantly against the declarant’s own interest which makes the statement credible and admissible in court. These statements are deemed to be credible...

statutory rape

Statutory rape is defined by statute as an act of sexual intercourse with a person under the age of consent, which is considered to constitute rape under the law, whether the person is willing or not. In statutory rape, there is usually no...

stay of execution

Stay of execution is directed by a court to stop some form of enforcement action. A stay of execution can apply in many circumstances like stopping the sale of property in bankruptcy or the execution of a death penalty. When a stay of...

stop and frisk

A stop-and-frisk refers to a brief non-intrusive police stop of an individual. The Fourth Amendment requires that before stopping the suspect, the police must have a reasonable suspicion that a crime has been, is being, or is about to be...

strict liability

**(Contrast with general intent and specific intent)**

Overview

In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when...

substantial factor test

The substantial factor test is often used in criminal law and torts to assess whether the defendant’s acts or omissions were a substantial factor in causing the harm, especially when there are multiple causes.

In criminal...

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