Source: American News, Aberdeen, S.迷你倉D.Nov. 15--The legal system is full of confusing terminology that many folks who have never been to law school don't understand.Sometimes, that wording makes its way into magistrate court listings or stories published in the newspaper. The following list contains explanations of some legal charges and court terms. Local attorneys and judges, judicial system workers, state law and resources provided by the Associated Press and the legal community, including a court coverage handbook, were used to help translate some of the jargon into everyday language for people who aren't proficient in legalese.Legal termsArraignment: A court hearing during which the charges are read against a defendant and he or she is asked to enter pleas.Bail: The release of an arrested person when security (cash or property) is given or pledged to ensure his or her appearance in court.Beyond a reasonable doubt, guilt: Full satisfaction or certainty required to convict a person on trial of a crime. Satisfaction beyond the type of doubt that would cause a reasonable person to hesitate.Bond: An obligation signed by the accused or a surety to ensure his or her appearance at trial. Bond is subject to forfeiture if the accused does not appear.Burglary: Entering or remaining in a building, structure or home with the intent to commit a crime. Not necessarily theft.Concurrent sentences: Jail or prison terms that are served simultaneously rather than one after the other.Consecutive sentences: Jail or prison terms that are served one after the other, not simultaneously.Controlled substances: Drugs, including prescription medications, that are dangerous or addictive.Court, the: "The court" is commonly used during legal proceedings to refer to a judge.Cross examination: The questioning of a witness during a trial by the attorney opposing the one who called the witness.Deposition: The recorded testimony of a person taken under oath before trial to discover facts and information to be used at trial to refute the testimony of another witness. It also can be used in absence of a witness' testimony if that person is absent for an acceptable reason.Discovery: Pretrial examination of a person, item or evidence on behalf of an opposing party to obtain information relevant to the case.Eminent domain: The power of a government body to take private property for public use in return for fair compensation.Extradition: The surrender by one state to another of a person accused or convicted of an offense.Felony: A serious crime, more serious than a misdemeanor and punishable by a sentence to prison.Grand jury: A panel of six to 10 members who, upon seeing and hearing evidence from only prosecuting attorneys, decide whether there is probable cause to try an accused person for a serious crime. At least six grand jurors must agree that there is probable cause for an indictment.Guilty but mentally ill: A plea under which a defendant admits to a crime, but seeks special treatment because of a claim that he or she was mentally ill at the time the crime was committed.Habeas corpus: An order to bring a person before a judge. Most commonly, an order to a warden or jailer to bring an inmate before a judge to determine whether he or she is being lawfully confined.Homicide: A legal term for killing or slaying. Not a criminal charge.Indictment: A written accusation from a grand jury that charges a person with a crime.Information: Similar to an indictment, but authored by a state's attorney and not presented to a grand jury.Jail: A county or municipal facility in which people convicted of less-serious crimes can be sentenced. Can also be used to house people charged with felonies who are awaiting court hearings. Not the same as state or federal prison.Manslaughter: The unlawful killing of another without malice.Misdemeanor: A less serious crime punishable by a maximum of a year in county jail.Mistrial: An erroneous or invalid trial so declared by a judge when the trial cannot stand due to an incurable error or omission of some fundamental aspect of due process.Nolo contendre: Commonly called a no contest plea. Literally translated from Latin as "I will not contest." A person who enters a no contest plea does not admit guilt, but is sentenced as if he or she is guilty. Plea cannot be used without permission of a judge.Parole: The conditional early release from prison before the expiration of a sentence. A parolee is undmini storager the supervision of a state parole officer during the period of parole.Preliminary hearing: A court hearing available to a person charged with a crime to determine whether there is enough evidence to hold him or her for trial.Probable cause: The existence of sufficiently strong evidence to excite a reasonable belief that a person charged with a crime is guilty. Not proof of guilt beyond reasonable doubt as is required at trial, rather only that sufficient grounds exist for a person to stand trial.Probation: A method of suspending a jail or prison term in return for a person convicted of a crime meeting certain conditions. Can be supervised or unsupervised, depending on the seriousness of the crime.Prison: A federal or state facility to which people convicted of more serious crimes can be sentenced. Not the same as a county jail.Recognizance: The practice of enabling an accused person awaiting trial to be released without any security other than his or her promise to appear in court.Robbery: Taking another's property from his or her person or immediate presence by means of force or fear.Search warrant: A written order issued by a judicial official authorizing the search of a specific building, premises, vehicle or person for specified evidence, items used during an alleged crime or contraband.Subpoena: An order to a witness to appear and testify in court.Summary judgment: A final decision by a judge prior to trial in a civil case when the judge determines the prevailing party is entitled to judgement as a matter of law. Only proper if a judge determines there is no dispute to material facts in the case.Summons: An order signed by the clerk of court informing a defendant in a civil case that an action has been started and giving him or her 30 days to respond.True bill: An endorsement from a grand jury on an indictment when it finds sufficient evidence for trial on a charge alleged.Warrant (of arrest): An order issued by a judicial official requiring a law enforcement officer to arrest a person named in a warrant and to bring the charged to court to answer a specific charge.ChargesAlteration or forging of a registration card: Changing information on a vehicle registration card or other temporary registration card or copy.Befouling or disturbing property: To make dirty, soil or contaminate property. Often, this charge involves public urination.Contributing to the abuse or neglect of a child: Endangering a child or while committing a crime or encouraging a juvenile to commit a crime. For example, having a child in a vehicle while driving drunk is an example of contributing to the negligence of a child. A parent leaving a child at home and unattended or in the custody of somebody not capable of providing proper care is also an example of contributing to negligence.Enter or surreptitiously remain in building: Trespassing by entering or remaining in a building without authorization.Failure to maintain financial responsibility: Generally speaking, not having an up-to-date vehicle insurance policy as is required of motorists.Failure to renew registration during assigned month: A motorist not renewing his or her vehicle registration (getting new stickers for license plates) during the proper month.Intentional damage of property: Generally speaking, vandalism.Log book violation: A trucking violation having to do with a driver not properly tracking miles traveled, hours on the road or items being shipped.No South Dakota registration in possession of a South Dakota carrier: A commercially licensed vehicle that is not properly registered in this state.Traffic in/substitute plates: Having another's/stolen/improper license plates on a vehicle.Unauthorized use of vehicle by a restricted licensee: A driver with a restricted license using a vehicle after allowed hours. While there are exceptions, motorists with restricted licenses cannot drive between 10 p.m. and 6 a.m. Restricted licenses are for drivers from 14 to 18 years old.Uttering simulated process: Printing or circulating a document or notice that simulates any court or legal process for the purposes of inappropriately obtaining items of value.Violations of safety requirements: A trucking violation that has to do with not properly keeping log books.Follow @ScottReports on Twitter.Copyright: ___ (c)2013 American News (Aberdeen, S.D.) Visit the American News (Aberdeen, S.D.) at .aberdeennews.com Distributed by MCT Information Services儲存
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