Legal Glossary
Comprehensive dictionary of legal terms and definitions
Criminal liability for aiding, abetting, or encouraging another to commit a crime. The accomplice can be charged with the same crime as the principal.
Latin for 'guilty act.' The physical act or unlawful omission that constitutes a crime, as opposed to the mental state of the defendant.
A method of acquiring title to property through open, continuous, hostile, and exclusive possession for a statutory period.
Example: If someone openly uses abandoned land as their own for the statutory period, they may gain legal ownership.
A written statement of facts voluntarily made by an affiant under oath or affirmation administered by a person authorized to do so by law.
Example: A witness may file an affidavit describing what they observed at a crime scene.
A defense that introduces new evidence or arguments to defeat a claim, even if the plaintiff proves their case. Examples include self-defense, consent, and statute of limitations.
A request to a higher court to review and reverse a lower court's decision. Generally limited to reviewing errors of law, not re-examining facts.
A landmark 2012 Supreme Court case that limited state immigration enforcement authority and held that federal law preempts certain state immigration laws.
Example: Arizona v. United States struck down provisions of SB 1070 while upholding the right to verify employment eligibility
A court proceeding where the defendant is formally charged and enters a plea (guilty, not guilty, or no contest).
An intentional act that creates reasonable apprehension of imminent harmful or offensive contact. Does not require actual physical contact.
An incomplete crime where the defendant takes a substantial step toward committing a crime with intent to complete it, but fails to do so.
An intentional harmful or offensive touching of another without consent. Requires intent to make contact, not necessarily intent to harm.
The highest standard of proof required in criminal cases. The prosecution must prove guilt to such a degree that a reasonable person would have no reasonable doubt about the defendant's guilt.
Example: In a murder trial, the jury must be convinced beyond a reasonable doubt that the defendant committed the crime before voting to convict.
The standard of proof required in criminal cases. The prosecution must prove the defendant's guilt to such a degree that a reasonable person would have no reasonable doubt about the defendant's guilt.
Example: The jury must find the defendant guilty beyond a reasonable doubt to convict.
In tort law, the violation of a duty of care. In contract law, the failure to perform a contractual obligation without legal excuse.
Example: A doctor's failure to follow standard medical procedures may constitute a breach of the duty of care.
Failure to perform a contractual duty without legal excuse. Can be material (substantial) or minor (partial).
Example: Failing to deliver goods by the agreed date may constitute breach of contract.
The obligation to prove allegations or claims. In criminal cases, the prosecution bears the burden; in civil cases, typically the plaintiff.
The obligation to prove one's assertion or claim. In criminal cases, the burden lies with the prosecution. In civil cases, it typically lies with the plaintiff.
Example: The plaintiff has the burden of proof to show the defendant was negligent.
Unlawful entry into a building or structure with intent to commit a crime inside. Modern statutes often don't require breaking or nighttime entry.
The link between an action and its result. In law, both actual cause (cause in fact) and proximate cause (legal cause) must typically be proven.
Customs and Border Protection, the federal agency responsible for border control and enforcement at U.S. ports of entry.
Example: CBP officers conduct inspections at the border and determine whether individuals may enter the United States
Money awarded to compensate an injured party for actual losses, including economic losses (medical bills, lost wages) and non-economic losses (pain and suffering).
Something of value exchanged between parties to a contract. Essential element for a valid contract, requiring that each party give something of value.
Example: In a sale of goods, consideration is the buyer's payment in exchange for the seller's goods.
An agreement between two or more persons to commit a crime, followed by an overt act in furtherance of the agreement (in most jurisdictions).
Deferred Action for Childhood Arrivals, an executive action providing temporary protection from deportation and work authorization to undocumented immigrants brought to the U.S. as children.
Example: In Department of Homeland Security v. Regents (2020), the Supreme Court blocked the Trump administration's attempt to rescind DACA
Monetary compensation awarded to a plaintiff for harm or loss caused by the defendant's conduct. Types include compensatory, punitive, and nominal damages.
False statement that harms another's reputation. Libel is written defamation; slander is spoken defamation.
The party against whom a lawsuit is filed (in civil cases) or who is charged with a crime (in criminal cases).
A person, company, or institution sued or accused in a court of law.
Example: The defendant pleaded not guilty to the charges.
The pre-trial process where parties exchange information and evidence relevant to the case.
A landmark 2022 Supreme Court decision that overturned Roe v. Wade and Planned Parenthood v. Casey, eliminating the federal constitutional right to abortion and returning authority to regulate abortion to individual states.
Example: Used to reference the Supreme Court's decision that fundamentally changed abortion law across the United States
The constitutional guarantee that government will not deprive a person of life, liberty, or property without fair legal procedures. Includes both procedural and substantive due process.
Example: Defendants must receive notice and an opportunity to be heard before being convicted of a crime.
The constitutional guarantee that one will be given fair notice and an opportunity to be heard before the government acts to deprive a person of life, liberty, or property.
Example: The defendant's due process rights were violated when they were not informed of the charges.
A defense asserting that the defendant committed a crime because of unlawful threats or coercion from another person.
A legal obligation to act with reasonable care to avoid causing harm to others. The first element required to prove negligence.
A federal employment verification system that allows employers to confirm the eligibility of employees to work in the United States.
Example: Restrictive states often require mandatory E-Verify for employers as a mechanism to enforce immigration laws
A legal right to use another's property for a specific purpose, such as access to a public road or utility lines.
A defense asserting that law enforcement induced the defendant to commit a crime they were not predisposed to commit.
The Fourteenth Amendment guarantee that government will not deny any person equal protection of the laws. Prohibits unjustified discrimination.
Intentional confinement or restraint of another person without consent and without legal authority.
A serious crime typically punishable by imprisonment for more than one year or death. Examples include murder, robbery, and burglary.
A serious crime typically punishable by imprisonment for more than one year or by death. More serious than a misdemeanor.
Example: Murder, rape, and armed robbery are classified as felonies.
A killing that occurs during the commission of a dangerous felony. Defendant is liable for murder even without intent to kill.
An abnormality or defect in fetal development; some abortion laws include exceptions for lethal or serious fetal anomalies.
Example: Many states allow abortion for fatal fetal anomalies incompatible with life after birth
The age of a fetus calculated from the first day of the pregnant person's last menstrual period (LMP), typically used to determine abortion restrictions.
Example: Many states restrict abortion at specific gestational ages, such as 6, 12, 15, or 18 weeks
A reduction in sentence length earned through good behavior during incarceration; truth in sentencing laws significantly limit or eliminate these credits.
Example: In truth in sentencing states, good time credits may reduce sentences by no more than 15%
A writ requiring a person under arrest to be brought before a judge or into court to determine if the person's imprisonment or detention is lawful.
Example: The prisoner filed a habeas corpus petition challenging the legality of his detention.
An out-of-court statement offered to prove the truth of the matter asserted. Generally inadmissible unless it falls within an exception.
Immigration and Customs Enforcement, the federal law enforcement agency responsible for interior immigration enforcement.
Example: ICE conducts workplace immigration enforcement and removal operations for individuals with deportation orders
A request issued by Immigration and Customs Enforcement asking local law enforcement to hold an individual in custody pending immigration proceedings.
Example: Sanctuary states often restrict compliance with ICE detainers without judicial warrants
A formal written accusation charging someone with a crime, issued by a grand jury after finding probable cause.
A formal charge or accusation of a serious crime issued by a grand jury based on evidence presented by the prosecutor.
Example: The grand jury returned an indictment charging the suspect with fraud.
A court order requiring a party to do or refrain from doing specific acts. An equitable remedy used when monetary damages are inadequate.
A defense claiming the defendant lacked mental capacity to be held criminally responsible due to mental disease or defect.
A tort committed with intent to cause harm or with knowledge that harm is substantially certain to result. Examples include battery, assault, and false imprisonment.
The authority of a court to hear a case and render a decision. Can refer to geographic area, subject matter, or type of case.
The authority of a court to hear and decide a case. Can refer to geographic area or subject matter.
Example: The case was dismissed because the court lacked jurisdiction over the defendant.
The unlawful taking and carrying away of another's personal property with intent to permanently deprive the owner. A theft crime.
The mental state required for murder, involving intent to kill, intent to cause great bodily harm, reckless disregard for human life, or intent to commit a felony.
Unlawful killing of another without malice aforethought. Can be voluntary (heat of passion) or involuntary (reckless or negligent conduct).
In abortion law, a life-threatening condition or serious health risk to the pregnant person that justifies abortion even in restricted jurisdictions.
Example: Nearly all abortion-restricting states permit exceptions for medical emergencies threatening the mother's life or serious health
Latin for 'guilty mind.' The mental state or intent required to commit a crime. Different crimes require different levels of mens rea.
Example: For theft, mens rea requires intent to permanently deprive the owner of property.
A less serious crime typically punishable by imprisonment for one year or less, fines, or community service. Examples include simple assault and petty theft.
A criminal offense less serious than a felony, typically punishable by fine or imprisonment for less than one year.
Example: Simple assault and petty theft are often charged as misdemeanors.
A request for the court to dismiss a case, claiming that even if all allegations are true, there is no legal claim or the court lacks jurisdiction.
A defense justifying otherwise illegal conduct when it was necessary to prevent a greater harm. Requires imminent threat and no legal alternatives.
Failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. A tort that requires proof of duty, breach, causation, and damages.
Example: A driver who runs a red light and causes an accident may be liable for negligence.
An unreasonable interference with another's use and enjoyment of property. Can be private (affecting individual) or public (affecting community).
The earliest date at which a convicted person becomes eligible for conditional release from prison before serving their full sentence.
Example: Truth in sentencing laws restrict parole eligibility by requiring offenders to serve 85% of their sentences
The party who initiates a civil lawsuit by filing a complaint against another party (the defendant).
The person or party who initiates a lawsuit by filing a complaint in civil court.
Example: The plaintiff sued the defendant for breach of contract.
An agreement between prosecutor and defendant where the defendant pleads guilty to lesser charges in exchange for reduced sentence or dismissed charges.
A constitutional doctrine holding that the federal government has complete and exclusive authority over immigration matters without state interference.
Example: The plenary power doctrine gives the federal government sole authority over who may enter, remain in, or be removed from the United States
A 1982 Supreme Court decision guaranteeing free K-12 public education to all children regardless of immigration status.
Example: Plyler v. Doe prevents states from charging undocumented immigrant students for public school education
A legal principle or rule established in a previous case that courts should follow when deciding subsequent similar cases. Basis of common law system.
A legal principle establishing that federal law supersedes and invalidates conflicting state laws within areas of federal jurisdiction.
Example: Under preemption doctrine, Arizona v. United States (2012) struck down several provisions of Arizona's SB 1070
The standard of proof in most civil cases, requiring that the evidence show it is more likely than not that the claim is true (greater than 50% probability).
Example: The jury found for the plaintiff by a preponderance of the evidence.
The standard of proof in most civil cases, meaning that something is more likely true than not true (greater than 50% probability).
Example: In a personal injury lawsuit, the plaintiff must prove their case by a preponderance of the evidence.
Reasonable grounds for belief that a person has committed a crime or that evidence of crime will be found at a particular location. Required for warrants and arrests.
A reasonable belief, based on facts and circumstances, that a crime has been or is being committed. Required for arrests and search warrants.
Example: The officer had probable cause to search the vehicle after smelling marijuana.
A legal cause that is sufficiently related to an injury that the law recognizes it as a cause of that injury. The harm must be a foreseeable result of the defendant's actions.
Money awarded to punish a defendant for particularly egregious conduct and to deter similar future conduct. Awarded in addition to compensatory damages.
An objective standard used to judge behavior. Asks what a hypothetical reasonable person would have done in similar circumstances.
A lower standard than probable cause, requiring specific and articulable facts that justify belief that criminal activity may be afoot. Permits brief investigatory stops.
A state law establishing reproductive freedom as a fundamental right and expanding access to abortion and contraception services.
Example: Colorado enacted the Reproductive Health Equity Act in 2022 to codify the right to abortion at all stages
State legislation protecting reproductive autonomy and abortion access through constitutional or statutory provisions.
Example: Rhode Island's Reproductive Privacy Act of 2019 codified protections for abortion access
Taking property from another's person or presence by force or threat of force. Combines theft with assault or battery.
Example: Using a weapon to demand money from a store clerk is robbery.
A legal justification for using force to protect oneself from imminent harm. Generally requires reasonable belief that force is necessary and proportional to the threat.
Example: A person may use reasonable force to defend against an unprovoked attack.
A state law protecting individuals from prosecution under laws of other jurisdictions, commonly used in abortion contexts to protect patients and providers.
Example: California's shield law protects abortion patients and providers from out-of-state prosecution
An equitable remedy requiring a party to perform their contractual obligations. Typically granted when monetary damages are inadequate, such as in real estate transactions.
Latin for 'to stand by things decided.' The doctrine that courts should follow precedents established in earlier cases.
A law that sets the maximum time period within which legal proceedings must be initiated. Varies by type of claim and jurisdiction.
Liability without fault. The defendant is held liable regardless of intent or negligence. Applied to abnormally dangerous activities and defective products.
A judgment entered by the court without a full trial when there are no genuine disputes of material fact and one party is entitled to judgment as a matter of law.
A clause in the U.S. Constitution establishing that federal law preempts conflicting state and local laws.
Example: The Supremacy Clause prevents states from enacting laws that conflict with federal immigration authority
A civil wrong that causes harm or loss to another, resulting in legal liability. Includes intentional torts, negligence, and strict liability.
A civil wrong that causes harm or loss to another person, for which the injured party may seek damages in court.
Example: Negligence, defamation, and trespass are common types of torts.
Intentional and unauthorized entry onto another's real property. May be civil tort or criminal offense depending on circumstances and jurisdiction.
Laws requiring convicted offenders, particularly violent offenders, to serve a substantial portion (typically 85%) of their imposed sentence before becoming eligible for parole or early release.
Example: Most states adopted truth in sentencing laws after the Violent Crime Control and Law Enforcement Act of 1994
United States Citizenship and Immigration Services, the federal agency responsible for processing immigration applications and benefits.
Example: USCIS handles applications for asylum, naturalization, employment authorization, and other immigration benefits
The point in pregnancy when a fetus can survive outside the womb with medical assistance, typically around 24 weeks of gestation.
Example: Some states allow abortion through viability or later if necessary for the life or health of the mother
Federal legislation that established truth in sentencing requirements and offered federal grants to states adopting 85% rules for violent offenders.
Example: The 1994 Act incentivized states to adopt truth in sentencing requirements through grant funding
The jury selection process where attorneys question potential jurors to determine their fitness to serve on a jury.
A written order issued by a judge authorizing law enforcement to make an arrest, search premises, or carry out some other action.
Example: Police obtained a search warrant before entering the suspect's home.