the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
a system of jurisprudence based on judicial precedents rather than statutory laws; "common law originated in the unwritten laws of England and was later applied in the United States"
a phrase used in the Magna Carta to refer to the then established law of the kingdom (as distinct from Roman or civil law); today it refers to fundamental principles of justice commensurate with due process; "the United States Constitution declares itself to be `the supreme law of the land'"
the laws (beginning with the Ten Commandments) that God gave to the Israelites through Moses; it includes many rules of religious observance given in the first five books of the Old Testament (in Judaism these books are called the Torah)
the code of law derived from the Koran and from the teachings and example of Mohammed; "sharia is only applicable to Muslims"; "under Islamic law there is no separation of church and state"
not appropriate or proper (or even legal) in the circumstances; "undue influence"; "I didn't want to show undue excitement"; "accused of using undue force"
(law) the replacement of one obligation by another by mutual agreement of both parties; usually the replacement of one of the original parties to a contract with the consent of the remaining party
(law) the partial taking away of the effectiveness of a law; a partial repeal or abolition of a law; "any derogation of the common law is to be strictly construed"
(law) the act of rescinding; the cancellation of a contract and the return of the parties to the positions they would have had if the contract had not been made; "recission may be brought about by decree or by mutual consent"
(law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence; "in common law any degree of contributory negligence would bar the plaintiff from collecting damages"
(law) recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences)
an unethical agreement between an attorney and client that the attorney would sue and pay the costs of the client's suit in return for a portion of the damages awarded; "soliciting personal injury cases may constitute champerty"
the unauthorized interference in a legal action by a person having no interest in it (as by helping one party with money or otherwise to continue the action) so as to obstruct justice or promote unnecessary litigation or unsettle the peace of the community; "unlike champerty, criminal maintenance does not necessarily involve personal profit"
physical efforts to oppose a lawful arrest; the resistance is classified as assault and battery upon the person of the police officer attempting to make the arrest
a statutory offense that provides that it is a crime to knowingly cause another person to engage in an unwanted sexual act by force or threat; "most states have replaced the common law definition of rape with statutes defining sexual assault"
(law) possession for which criminal sanctions are provided because the property may not lawfully be possessed or may not be possessed under certain circumstances
(law) a proceeding that permits a person to enter into a lawsuit already in progress; admission of person not an original party to the suit so that person can protect some right or interest that is allegedly affected by the proceedings; "the purpose of intervention is to prevent unnecessary duplication of lawsuits"
(law) a procedure whereby a party to a suit says that a particular line of questioning or a particular witness or a piece of evidence or other matter is improper and should not be continued and asks the court to rule on its impropriety or illegality
(law) the disqualification of a judge or jury by reason of prejudice or conflict of interest; a judge can be recused by objections of either party or judges can disqualify themselves
(law) the voluntary and absolute transfer of title and possession of real property from one person to another; "the power of alienation is an essential ingredient of ownership"
impeding those who seek justice in a court (as by trying to influence or intimidate any juror or witness or officer of the court); can result in a finding of contempt of court
(law) the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards
a judicial proceeding brought by one party against another; one party prosecutes another for a wrong done or for protection of a right or for prevention of a wrong
a legal proceeding that creates a parent-child relation between persons not related by blood; the adopted child is entitled to all privileges belonging to a natural child of the adoptive parents (including the right to inherit)
(law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial; "their appeal was denied in the superior court"
a judgment rendered by the court prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law
a ruling by the Supreme Court on affirmative action; the Court ruled in 1978 that medical schools are entitled to consider race as a factor in their admission policy
action by a landlord that compels a tenant to leave the premises (as by rendering the premises unfit for occupancy); no physical expulsion or legal process is involved
the act of rendering a person legitimate; "he has filial rights because he obtained letters of legitimation from the king"; "his parents' subsequent marriage resulted in his legitimation"
(law) the determination of a person's innocence or guilt by due process of law; "he had a fair trial and the jury found him guilty"; "most of these complaints are settled before they go to trial"
a highly publicized trial in 1925 when John Thomas Scopes violated a Tennessee state law by teaching evolution in high school; Scopes was prosecuted by William Jennings Bryan and defended by Clarence Darrow; Scopes was convicted but the verdict was later reversed
review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court
the prosecution of a defendant for a criminal offense for which he has already been tried; prohibited in the fifth amendment to the United States Constitution
a new trial in which issues already litigated and to which the court has already rendered a verdict or decision are reexamined by the same court; occurs when the initial trial is found to have been improper or unfair due to procedural errors
(law) a proceeding (usually by a court) where evidence is taken for the purpose of determining an issue of fact and reaching a decision based on that evidence
a hearing that takes place outside the judicial process before hearing examiners who have been granted judicial authority specifically for the purpose of conducting such hearings
a hearing to determine legal capacity (to determine whether the defendant can understand the charges and cooperate with a lawyer in preparing a defense)
a hearing that is granted in extraordinary situations where the normal judicial process would be inadequate to secure due process because the person would be harmed or denied their rights before a judicial remedy became available (as in deportation or loss of welfare benefits)
(law) a conditional release from imprisonment that entitles the person to serve the remainder of the sentence outside the prison as long as the terms of release are complied with
(law) a way of dealing with offenders without imprisoning them; a defendant found guilty of a crime is released by the court without imprisonment subject to conditions imposed by the court; "probation is part of the sentencing process"
[領域 - 分類]の中 (In Domain --- Category) → synsetId:
02789770-n, name: bar, pos: noun
(law) a railing that encloses the part of the courtroom where the judges and lawyers sit and the case is tried; "spectators were not allowed past the bar"
a mere semblance of legal right; something done with the apparent authority of law but actually in contravention of law; "the plaintiff claimed that under color of law the officer had deprived him of his civil rights"
(law) any basic right or freedom to which all human beings are entitled and in whose exercise a government may not interfere (including rights to life and liberty as well as freedom of thought and expression and equality before the law)
right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal and social and economic equality
the civil right (guaranteed by the Fifth Amendment to the United States Constitution) to refuse to answer questions or otherwise give testimony against yourself
a legal right guaranteed by the 15th amendment to the US Constitution; guaranteed to women by the 19th amendment; "American women got the vote in 1920"
the right of the state to take private property for public use; the Fifth Amendment that was added to the Constitution of the United States requires that just compensation be made
in probate law: the legal right of a surviving spouse to elect to take either what the deceased spouse gave under the will or the share of the estate as set forth by statute
(law) an explanation of the fundamental reasons (especially an explanation of the working of some device in terms of laws of nature); "the rationale for capital punishment"; "the principles of internal-combustion engines"
(law) criminal intent; the thoughts and intentions behind a wrongful act (including knowledge that the act is illegal); often at issue in murder trials
the legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial); "he is out on bail"
(law) the principle that an act done at a later time is deemed by law to have occurred at an earlier time; "his attorney argued for the relation back of the amended complaint to the time the initial complaint was filed"
a resolution passed by both houses of Congress which becomes legally binding when signed by the Chief Executive (or passed over the Chief Executive's veto)
a legal document from a probate court or court officer informing you of your appointment as executor of a will and empowering you to discharge those responsibilities
a law passed by the United States Congress that created the Occupational Safety and Health Administration to prevent employees from being injured or contracting diseases in the course of their employment
a legislative act finding a person guilty of treason or felony without a trial; "bills of attainder are prohibited by the Constitution of the United States"
a legally binding command or decision entered on the court record (as if issued by a court or judge); "a friend in New Mexico said that the order caused no trouble out there"
an agreement between two parties that is sanctioned by the court; for example, a company might agree to stop certain questionable practices without admitting guilt
an order to an offending party to rid itself of property; it has the purpose of depriving the defendant of the gains of wrongful behavior; "the court found divestiture to be necessary in preventing a monopoly"
a judicial order forbidding some action until an event occurs or the order is lifted; "the Supreme Court has the power to stay an injunction pending an appeal to the whole Court"
(law) a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity; "injunction were formerly obtained by writ but now by a judicial order"
a document written by someone still legally capable requesting that he should be allowed to die if subsequently severely disabled or suffering terminal illness; "after he discovered he had AIDS he drew up a living will"
a legal document signed and sealed and delivered to effect a transfer of property and to show the legal right to possess it; "he signed the deed"; "he kept the title to his car in the glove compartment"
a warrant authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court; the warrant describes the locations where the officials may search
(law) the completion of a legal instrument (such as a contract or deed) by signing it (and perhaps sealing and delivering it) so that it becomes legally binding and enforceable
an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion; used only when all other judicial remedies fail
a judicial writ based on some record and requiring the party against whom it is brought to show cause why the record should not be enforced or annulled
a writ issued by authority of law; usually compels the defendant's attendance in a civil suit; failure to appear results in a default judgment against the defendant
a writ issued by a court at the request of one of the parties to a suit; it requires a witness to bring to court or to a deposition any relevant documents under the witness's control
a court order restricting information or comment by the participants involved in a lawsuit; "imposing a gag order on members of the press violates the First Amendment"
a court order to an employer to withhold all or part of an employee's wages and to send the money to the court or to the person who won a lawsuit against the employee
the principal pleading by the defendant in response to plaintiff's complaint; in criminal law it consists of the defendant's plea of `guilty' or `not guilty' (or nolo contendere); in civil law it must contain denials of all allegations in the plaintiff's complaint that the defendant hopes to controvert and it can contain affirmative defenses or counterclaims
a plea that delays the action without settling the cause of action; it can challenge the jurisdiction or claim disability of the defendant etc. (such defenses are usually raised in the defendant's answer)
(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge; "his admission was part of a plea bargain with the prosecutor"; "plea bargaining helps to stop the courts becoming congested"
a consolidation and codification by subject matter of the general and permanent laws of the United States; is prepared and published by a unit of the United States House of Representatives
(patent law) a document drawn up by the applicant for a patent of invention that provides an explicit and detailed description of the nature and use of an invention
an amendment to the Constitution of the United States guaranteeing the right of free expression; includes freedom of assembly and freedom of the press and freedom of religion and freedom of speech
an amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes; mandates due process of law and prohibits self-incrimination and double jeopardy; requires just compensation if private property is taken for public use
an amendment to the Constitution of the United States adopted in 1868; extends the guarantees of the Bill of Rights to the states as well as to the federal government
the body of evidence that constitute the offence; the objective proof that a crime has been committed (sometimes mistakenly thought to refer to the body of a homicide victim)
rule of evidence that covers words that are so closely associated with an occurrence that the words are considered part of the occurrence and as such their report does not violate the hearsay rule
(law) a formal notice filed with a court or officer to suspend a proceeding until filer is given a hearing; "a caveat filed against the probate of a will"
(law) a conference held before the trial begins to bring the parties together to outline discovery proceedings and to define the issues to be tried; more useful in civil than in criminal cases
(law) the hearing and determination of a dispute by an impartial referee agreed to by both parties (often used to settle disputes between labor and management)
(law) close questioning of a hostile witness in a court of law to discredit or throw a new light on the testimony already provided in direct examination
(law) compulsory pretrial disclosure of documents relevant to a case; enables one side in a litigation to elicit information from the other side concerning the facts in the case
(law) an agreement or concession made by parties in a judicial proceeding (or by their attorneys) relating to the business before the court; must be in writing unless they are part of the court record; "a stipulation of fact was made in order to avoid delay"
(law) inducing someone to make a false oath as part of a judicial proceeding; "to prove subordination of perjury you must prove the perjury and also prove that the perjured statement was procured by the accused suborner who knew that it would be false"
(law) any monopoly or contract or combination or conspiracy intended to restrain commerce (which are illegal according to antitrust laws of the United States)
Jews who keep some of the requirements of the Mosaic law but allow for adaptation of other requirements (as some of the dietary laws) to fit modern circumstances
the United States federal department responsible for enforcing federal laws (including the enforcement of all civil rights legislation); created in 1870
(law) a judicial division of a state or the United States (so-called because originally judges traveled and held court in different locations); one of the twelve groups of states in the United States that is covered by a particular circuit court of appeals
a system of jurisprudence based on judicial precedents rather than statutory laws; "common law originated in the unwritten laws of England and was later applied in the United States"
a phrase used in the Magna Carta to refer to the then established law of the kingdom (as distinct from Roman or civil law); today it refers to fundamental principles of justice commensurate with due process; "the United States Constitution declares itself to be `the supreme law of the land'"
(law) the residence where you have your permanent home or principal establishment and to where, whenever you are absent, you intend to return; every person is compelled to have one and only one domicile at a time; "what's his legal residence?"
an adviser to the court on some matter of law who is not a party to the case; usually someone who wants to influence the outcome of a lawsuit involving matters of wide public interest
(law) a right or legal share of something; a financial involvement with something; "they have interests all over the world"; "a stake in the company's future"
the legal status of a person who is alive but who has been deprived of the rights and privileges of a citizen or a member of society; the legal status of one sentenced to life imprisonment
a voluntary union for life (or until divorce) of adult parties of the same sex; "parties to a civil union have all the same benefits, protections, and responsibilities under Vermont law as spouses in a marriage"
cause to be acquitted; get off the hook; in a legal case; "The lawyer got him off, even though there was no doubt in everybody's mind that he killed his wife"
make an allegation in an action or other legal proceeding, especially answer the previous pleading of the other party by denying facts therein stated or by alleging new facts