Intestate succession
A succession of property when the deceased has left no will, or when the will has been revoked.
Irrelevant
Evidence not sufficiently related to the matter in issue.
Jeopardy
The peril in which an accused is placed when he is properly charged with a crime before a court. Jeopardy normally attaches when the petit jury is impaneled. After such time, the accused may not be released and tried at a later date for the same offense. Subject to exception.
Joint venture
An association of persons jointly undertaking some commercial enterprise. Unlike a partnership, a joint venture does not entail a continuing relationship among the parties.
Judgment
The official decision of a court disposing of a case.
Jurisdiction
The legal authority of a court to hear a case or conduct other proceedings; power of the court over persons involved in a case and the subject matter of the case.
Jurisprudence
Formal study of the principles on which legal rules are based and the means by which judges guide their decision making.
Jury commissioner
An officer charged with the duty of selecting the names to be put into a jury wheel, or of drawing the panel of jurors for a particular term of court.
Juvenile
A young person who has not yet attained the age at which he or she should be treated as an adult for purposed of criminal law.
Kidnapping
The unlawful and carrying away of a human being by force and against his will.
Knowingly
With knowledge, willfully or intentionally with respect to a material element of an offense.
Larceny
An actual or constructive taking away of the goods or property of another without the consent and against the will of the owner with a felonious intent t deprive the owner thereof.
Levy
A seizure; the obtaining of money by legal process through seizure and sale of property.
Liability
A legal responsibility, obligation, or debt.
Libel
A method of defamation expressed by print, writin-, pictures or signs. In its most general sense any publication that is injurious to the reputation of another.
Lien
A claim which a person has upon the property of another as security for a debt owned to the lienholder.
Limited action
A civil action in which recovery of less than a certain amount (as specific by statue) is sought. Simplified rules of procedure are used in such actions.
Lis pendens
A pending suit.
Litigant
A party to a lawsuit; one engaged in litigation.
Locus delicti
The place of the offense.
Magistrate
An officer having power to issue a warrant for the arrest of a person charges with a crime; includes any justice or judge of the appellate courts. and judges of the district court.
Malfeasance
Unlawful conduct.
Malicious prosecution
An action instituted with intention of injuring defendant and without probably cause and which terminates in favor of the person prosecuted.
Malpractice
A lawsuit brought against a professional person, such as a doctor, lawyer or engineer, for injury or loss caused by the defendant's negligence in providing professional services.
Mandamus
A writ by which a court commands the performance of a particular act.
Mandate
A judicial command or order proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree.
Manslaughter
The unlawful killing of another without malice; may be either voluntary, upon a sudden impulse, or involuntary, in the commission of some unlawful act.
Material evidence
Evidence which is relevant to the issues in a case.
Mens rea
Literally, "guilty mind." The intent required to commit the crime. It is a prerequisite to conviction for a crime involving a moral wrong, but it is not a prerequisite to conviction for an act that is a crime only because a statute designates it to be a crime, e.g., overtime parking.
Merit retention
A process through which Florida's judges and Supreme Court justices are retained on merit by vote of the electors in Florida.
Miranda rule
The rule, pronounced in Miranda v Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. The rights include:
- The right to remain silent and to refuse to answer any questions.
- The right to know that anything the suspect says can and will be used against the suspect in a court of law.
- The right to consult with an attorney and to have an attorney present during questioning.
- The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.
Misdemeanor
A minor offense, lower than a felony, and punishable by a fine or imprisonment other than in penitentiaries.
Mistrial
A trial which is void because of some error.
Mitigating circumstance
A circumstance which may be considered to reduce the degree of moral culpability, although it does not entirely justify or excuse an offense.
Mitigating circumstance
A circumstance which may be considered to reduce the degree of moral culpability, although it does not entirely justify or excuse an offense.
Moot
A case is moot when a determination sought on a matter cannot have any practical effect on the existing controversy.
Moral turpitude
A formal request presented to a court.
Motion in limine
A written motion which is usually made before or after the beginning of a jury trial for a protective order against prejudicial questions and statements.
Multiplicity of actions
Numerous and unnecessary attempts to litigate the same issue.
Ne exact
A formal entry upon the record by the plaintiff in a civil suit, or the prosecuting officer in a criminal case, declaring the case will not be prosecuted.
Nolo contenders
Acts allowed to be done after the time when they should be done, with a retroactive effect.
Objection
The act of a party used to call the Court's attention to improper evidence or procedure.
Pardon
Action by an official of an executive branch of government relieving a criminal from a conviction.
Parol evidence
Oral or verbal evidence rather than written. The parol evidence rule limits the admissibility of parol evidence which would directly contradict the clear meaning of terms of a written contract.
Parties
The persons who are actively involved in the prosecution or defense of a legal proceeding, including the plaintiff or prosecution, the defendant and any "third party defendant."
Peremptory challenge
Each party to a suit tried to a jury has the right to peremptorily "challenge" (reject) a certain number of prospective jurors without giving a reason. The number of peremptory challenges is fixed by law, according to the nature of the case.
Perjury
Lying while under oath.
Petit jury
The ordinary jury of twelve (or fewer) persons for the trial of a civil or criminal case. So called to distinguish it from the grand jury.
Petition
The pleading which filed commences the litigation in a civil case. It contains the allegations and request for relief and/or for recovery of money by the plaintiff.
Plaintiff
A person who files a lawsuit.