Dealing
with lawyers, judges, our legal system and private detectives
has it's own vocabulary. These are some terms you may hear.
Abandonment
- Desertion by a husband or wife, of his or her spouse, with the
intention of creating a permanent separation.
Abscond
- To hide from the jurisdiction of a court in order
to avoid capture and legal prosecution.
Accessory
- Although not the principal actor in the commission of an
offense, a person who solicits, requests, commands or
intentionally aids the principal actor to engage in the
commission of such offense.
Accomplice
-
a person who knowingly helps another in a crime or wrongdoing,
often as a subordinate.
Acquit
-
to relieve from a charge of fault or crime; declare not guilty.
Affidavit
-
a written declaration upon oath made before an authorized
official.
Alibi
-
the defense by an accused person of having been elsewhere at the
time an alleged offense was committed.
Appeal
- A review, by a higher court, to determine whether the
decision, order or verdict in the lower court should be
reversed, modified or affirmed.
Arbitration
-
the hearing and determining of a dispute or the settling of
differences between parties by a person or persons chosen or
agreed to by them.
Arraignment
-
To call (an accused person) before a court to answer the charge
made against him or her by indictment, information, or
complaint.
Arson
-
the malicious burning of another's house or property, or in some
statutes, the burning of one's own house or property, as to
collect insurance.
Assault
-
an unlawful physical attack upon another; an attempt or offer to
do violence to another, with or without battery, as by holding a
stone or club in a threatening manner.
Attachment
-
seizure of property or person by legal authority, esp. seizure
of a defendant's property to prevent its dissipation before
trial or to acquire jurisdiction over it.
Autopsy
-
inspection and dissection of a body after death, as for
determination of the cause of death; postmortem examination.
Bail
- To set free or liberate from arrest and imprisonment, upon
security given that the person released shall appear and answer
in court.
Ballistics
- The examination of bullets that have been fired for the
purpose of discovering from which weapon a given bullet has been
fired. The science that deals with the motion of projectiles.
Bench Warrant
-
a warrant issued or ordered by a judge or court for the
apprehension of an offender.
Blackmail
- The extortion of goods, money, or the procuring of an illegal
act by a threat, in writing, of criminal prosecution or the
destruction of a person’s reputation or social standing or
personal injury.
Bribery
-
The offering, giving, receiving, or soliciting of something of
value for the purpose of influencing the action of an official
in the discharge of his or her public or legal duties.
Bug
- An instrument or device used to intentionally overhear a
conversation or discussion, without the consent of at least one
party thereto, by a person not present thereat.
Burglary
-
The criminal offense of breaking and entering a building
illegally for the purpose of committing a crime.
Capital Offense
-
any criminal charge which is punishable by the death penalty.
Circumstantial
Evidence
-
Information and testimony presented by a party in a civil or
criminal action that permit conclusions that indirectly
establish the existence or nonexistence of a fact or event that
the party seeks to prove.
Coercion
-
The intimidation of a victim to compel the individual to do some
act against his or her will by the use of psychological
pressure, physical force, or threats.
Confession
- A statement by a person accused of a crime admitting his
guilt.
Conspiracy
-
An agreement between two or more persons to engage jointly in an
unlawful or criminal act, or an act that is innocent in itself
but becomes unlawful when done by the combination of actors.
Contract
- An agreement to do or not to do a certain thing.
Corpus Delicti
-
The foundation or material substance of a crime.
Corroborating
Evidence
-
evidence which strengthens, adds to, or confirms already
existing evidence.
Criminal
Impersonation
- A person who impersonates or pretends to be another, and does
an act, in such assumed character, with intent to obtain a
benefit or to injure or defraud another.
Criminal Trespass
- To knowingly enter or remain unlawfully in or upon premises.
Deposition
-
The testimony of a party or witness in a civil or criminal
proceeding taken before trial, usually in an attorney's office.
Direct Evidence
- Evidence in form of testimony from a witness who actually saw,
heard or touched the subject of interrogation.
Disorderly Conduct
- Intentionally causing public inconvenience, annoyance or
alarm, or recklessly causing a risk,
conduct that disturbs the peace or endangers the morals, health,
or safety of a community..
Duress
-
Unlawful pressure exerted upon a person to coerce that person to
perform an act that he or she ordinarily would not perform.
Embezzlement
-
The fraudulent conversion of another's property by a person who
is in a position of trust, such as an agent or employee.
Entrapment
-
The act of government agents or officials that induces a person
to commit a crime he or she is not previously disposed to
commit.
Estoppel
-
A legal principle that bars a party from denying or alleging a
certain fact owing to that party's previous conduct, allegation,
or denial.
Executor
- The person named, by a testator, to carry out the provisions
of his will.
Extortion
- Taking or obtaining property from another with his consent,
induced by a wrongful use of force or fear.
Extradition
-
The transfer of an accused from one state or country to another
state or country that seeks to place the accused on trial.
Felony
-
A serious crime, characterized under federal law and many state
statutes as any offense punishable by death or imprisonment in
excess of one year.
Fiduciary
- A person who on behalf of or for the benefit of another
transacts business or handles money or property not the person’s
own; such relationship implies great confidence and trust.
Forgery
-
The creation of a false written document or alteration of a
genuine one, with the intent to defraud.
Garnishment
-
A legal procedure by which a creditor can collect what a debtor
owes by reaching the debtor's property when it is in the hands
of someone other than the debtor.
General Release
- A formal document made out by individual certifying that he
has no further cause for action against another.
Grand Jury
-
A panel of citizens that is convened by a court to decide
whether it is appropriate for the government to indict (proceed
with a prosecution against) someone suspected of a crime.
Grand Larceny
-
The offense of illegally taking the property of another—in which
the value of the property taken is greater than that set for
petit larceny.
Habeas Corpus
-
A court order that commands an individual or a government
official who has restrained another to produce the prisoner at a
designated time and place so that the court can determine the
legality of custody and decide whether to order the prisoner's
release.
Harassment
-
The act of systematic and/or continued unwanted and annoying
actions of one party or a group, including threats and demands.
Hearsay Evidence
- An out of court statement, offered in court for its truth.
Homicide
- The killing of one human being by the act or omission of
another human being.
Indictment
- The accusation in writing, presented by the Grand Jury, to a
superior court charging a person with a crime.
Injunction
- A writ or order issued by a court or judge, requiring a person
to refrain from a particular act.
Inquest
- An official hearing to determine the cause of death of a human
being.
Intestate
- A person who dies without having a valid will or testament.
Ipso Facto
- By the mere effect of an act or a fact.
Irrevocable Consent
- A written consent by a non-resident individual or
nonresident/foreign partnership or corporation, submitting to
the jurisdiction of the courts of New York State, designating
the Secretary of the State of New York as the agent upon whom
may be served any summons, subpoena or other process, in any
action, commenced in the State of New York.
Jostling
- Unnecessarily crowding against a person with the intent to
place a hand in the proximity of such person’s pocket,
pocketbook or handbag.
Judgment
-
A decision by a court or other tribunal that resolves a
controversy and determines the rights and obligations of the
parties.
Jump Bail
-
To fail to appear for a court appearance after posting bail with
the intention of avoiding prosecution, sentencing or going to
jail.
Jurat
-
The certificate of an officer that a written instrument was
sworn to by the individual who signed it.
Jury Tampering
-
The crime of attempting to influence a jury through any means
other than presenting evidence and argument in court, including
conversations about the case outside the court, offering bribes,
making threats, or asking acquaintances to intercede with a
juror.
Laches
-
A defense to an equitable action, that bars recovery by the
plaintiff because of the plaintiff's undue delay in seeking
relief.
Levy
- Taking possession of property by an official to satisfy a
judgment.
Libel
- A written defamatory statement that is injurious to the
reputation of another.
Lien
-
A legal right given to another by the owner of property to
secure a debt, or one created by law in favor of certain
creditors.
Lis Pendens
-
A reference to the jurisdiction (or control) that courts obtain
over property in a suit awaiting action.
Malingering
-
To feign illness or other incapacity in order to avoid duty or
work.
Mandamus
-
a writ from a superior court to an inferior court or to an
officer, corporation, etc., commanding that a specified thing be
done.
Manslaughter
-
The unjustifiable, inexcusable, and intentional killing of a
human being without deliberation, premeditation, and malice.
Misdemeanor
- Offenses lower than felonies and generally those punishable by
fine, penalty, forfeiture, or imprisonment other than in a
penitentiary.
Modus Operandi
-
A term used by law enforcement authorities to describe the
particular manner in which a crime is committed.
Moral Turpitude
- A phrase used in Criminal Law to describe conduct that is
considered contrary to community standards of justice, honesty,
or good morals.
Negligence Actions
- The general class of civil suits arising from the defendant’s
failure to exercise reasonable care.
Ordinance
- A law enacted by the legislative body of a municipality.
Parole
-
The conditional release of a person convicted of a crime prior
to the expiration of that person's term of imprisonment, subject
to both the supervision of the correctional authorities during
the remainder of the term and a resumption of the imprisonment
upon violation of the conditions imposed.
Peremptory
Challenge
- The right of the defendant and the prosecution in a criminal
trial to offer objection to a certain number of jurors without
giving any explanation.
Perjury
- The act of willfully swearing falsely.
Petit Jury
- The ordinary jury of men or woman for the trial of a civil or
criminal action.
Petit Larceny
-
The theft of objects
which is valued at less than $1,000.00.
Physical Evidence
- Anything that may be found, by investigators, to have a
connection with a crime (for example; an article of clothing
worn by the victim).
Plaintiff
- A person who brings a civil action against another.
Pleadings
- The formal allegations made by the parties of their respective
claims and defenses for the judgment of the court.
Police Power
-
The power of a nation, within the limits of its constitution, to
regulate the conduct of its citizens in the interest of the
common good.
Prima Facie
- So far as can be judged from the first appearance or at first
sight.
Probate
- The
official proving of a will as authentic or valid in a probate
court.
Probation
-
A sentence whereby a convict is released from confinement but is
still under court supervision; a testing or a trial period.
Probation can be given in lieu of a prison term or can suspend a
prison sentence if the convict has consistently demonstrated
good behavior.
Referee
- A person to whom a court action is referred, to take
testimony, hear the parties and report thereon to the court.
Relevant
-
Having some reasonable connection with, and in regard to
evidence in trial, having some value or tendency to prove a
matter of fact significant to the case.
Reprieve
-
The suspension of the execution of the death penalty for a
period of time.
Res Gestae
-
Secondhand statements considered trustworthy for the purpose of
admission as evidence in a lawsuit when repeated by a witness
because they were made spontaneously and concurrently with an
event.
Robbery
-
The taking of money or goods in the possession of another, from
his or her person or immediate presence, by force or
intimidation.
Rough Shadowing
- Shadowing which is done in such a manner as to cause the
subject discomfort or annoyance, or interferes with him in any
way.
Search Warrant
- A written order, issued by a court, for the search of a
designated premises, vehicle, or person for evidence of the
commission of a crime.
Sentence
- A judgment passed by a court on a person on trial as a
criminal offender.
Shadowing
-
The act of following someone secretly.
Statute of
Limitations
- A law which limits the time within which a criminal
prosecution or a civil action must be started.
Subpoena -
A formal document that orders a named individual to appear
before a duly authorized body at a fixed time to give testimony.
Subpoena Duces
Tecum
-
The judicial process used to command the production before a
court of papers, documents, or other tangible items of evidence.
Subornation of
Perjury
-
The criminal offense of procuring another to commit perjury,
which is the crime of lying, in a material matter, while under
oath.
Subrogation
-
to substitute (one person) for another with reference to a claim
or right.
Summary Proceedings
- An action by which a case or controversy is settled, in a
prompt and simple manner without the aid of a jury, presentation
of facts or indictment.
Summons
-
The paper that tells a defendant that he or she is being sued
and asserts the power of the court to hear and determine the
case.
Surveillance
-
Observing or listening to persons, places, or activities—usually
in a secretive or unobtrusive manner—with the aid of electronic
devices such as cameras, microphones, tape recorders, or wire
taps.
Tail
- An unobserved close watch.
Testator
-
One who has made a legally valid will before death.
Testimony
-
The statement or declaration of a witness under oath or
affirmation, usually in court.
Tort
- A wrongful act, wrong, injury; violation of a legal right.
Trespass
-
An unlawful act causing injury to the person, property, or
rights of another, committed with force or violence, actual or
implied.
True Bill
- A term endorsed on an indictment to indicate that a majority
of Grand Jury members found that the evidence presented to them
was adequate to justify a prosecution.
Turpitude
-
Conduct that is unjust, depraved, or shameful; that which is
contrary to justice, modesty, or good morals.
Venue
- The neighborhood, place or county in which an injury is
declared to have been done, or fact declared to have happened.
Warrant
-
A written order issued by a judicial officer or other authorized
person commanding a law enforcement officer to perform some act
incident to the administration of justice
Writ
-
An order issued by a court requiring that something be done or
giving authority to do a specified act.
If you are looking for an experienced Private Investigation
agency, call us today to schedule a consultation. We are confident you
will be satisfied with our professional service.