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LEGAL TERMS

BAILIFF

A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to mai... (more...)
A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to maintain order in the courtroom. In addition, bailiffs often help court proceedings go smoothly by shepherding witnesses in and out of the courtroom and handing evidence to witnesses as they testify. In criminal cases, the bailiff may have temporary charge of any defendant who is in custody during court proceedings.

BURDEN OF PROOF

A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.

JURY

Criminal Law Traffic TicketshomeGLOSSARY jury A group of people selected to apply the law, as stated by the judge, to the facts of a case and render a decision,... (more...)
Criminal Law Traffic TicketshomeGLOSSARY jury A group of people selected to apply the law, as stated by the judge, to the facts of a case and render a decision, called the verdict. Traditionally, an American jury was made up of 12 people who had to arrive at a unanimous decision. But today, in many states, juries in civil cases may be composed of as few as six members and non-unanimous verdicts may be permitted. (Most states still require 12-person, unanimous verdicts for criminal trials.) Tracing its history back over 1,000 years, the jury system was brought to England by William the Conqueror in 1066. The philosophy behind the jury system is that--especially in a criminal case--an accused's guilt or innocence should be judged by a group of people from her community ('a jury of her peers'). Recently, some courts have been experimenting with increasing the traditionally rather passive role of the jury by encouraging jurors to take notes and ask questions.

CONSTABLE

A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep t... (more...)
A peace officer for a particular geographic area -- most often a rural county -- who commonly has the power to serve legal papers, arrest lawbreakers and keep the peace. Depending on the state, a constable may be similar to a marshal or sheriff.

PLEA

The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usual... (more...)
The defendant's formal answer to criminal charges. Typically defendants enter one of the following pleas: guilty, not guilty or nolo contendere. A plea is usually entered when charges are formally brought (at arraignment).

INTENTIONAL TORT

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, ar... (more...)
A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).

BURGLARY

The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need no... (more...)
The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need not be theft. For instance, someone would be guilty of burglary if he entered a house through an unlocked door in order to commit a murder.

EAVESDROPPING

Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or bi... (more...)
Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or binoculars. The term comes from the common law offense of listening to private conversations by crouching under the windows or eaves of a house. Nowadays, eavesdropping includes using electronic equipment to intercept telephone or other wire communications, or radio equipment to intercept broadcast communications. Generally, the term 'eavesdropping' is used when the activity is not legally authorized by a search warrant or court order; and the term 'surveillance' is used when the activity is permitted by law. Compare electronic surveillance.

ACQUITTAL

A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusio... (more...)
A decision by a judge or jury that a defendant in a criminal case is not guilty of a crime. An acquittal is not a finding of innocence; it is simply a conclusion that the prosecution has not proved its case beyond a reasonable doubt.

SAMPLE LEGAL CASES

State v. Valverde

... Supreme Court of Arizona, En Banc. June 3, 2009. 234 Terry Goddard, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Joseph T. Maziarz, Assistant Attorney General, Phoenix, Attorneys for State of Arizona. ...

State v. Klokic

... April 29, 2008. Review Denied October 28, 2008. 845 Terry Goddard, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Karla Hotis Delord, Assistant Attorney General Attorneys, Phoenix, for Appellee. ...

Patterson v. Mahoney

... 1 The issue in this special action is whether the trial court erred when it ruled that the siblings of the decedent in a murder trial were not victims exempt from the rule governing the exclusion of witnesses pursuant to Arizona Rules of Criminal Procedure 9.3(a) and 39(a). ...

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