Glossary

Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. The elements that must be proven are (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors.

The power of the government to take private property for public use through condemnation.

All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

An order by the court telling a person to stop performing a specific act.

A defense to criminal charges alleging that agents of the government induced a person to commit a crime he/she otherwise would not have committed.

The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure; that persons be subject to no restrictions in the acqusition of property, the enjoyment of personal liberity, and the pursuit of happiness, which do not generally affect others; that persons are liable to no other or greater burdens than such are laid upon others, and that no different or greater punishment is enforced against them for a violation of the laws.

Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases were the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Equity and law courts are now merged in most jurisdictions.

The process by which a deceased person's property goes to the state if no heir can be found.

Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

An estate consists of personal property (car, household items, and other tangible items), real property and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person's death. It does not include life insurance proceeds unless the estate was made the beneficiary) or other assets that pass outside the estate (like a joint tenancy asset.)

Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.

A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

Literally, the taking out of a forfeited bond from other court records for the purpose of prosecution in another court. In common law England, a defendant could be tried before the court of common pleas, but if he fled and proceedings were instituted to forfeit his bond, the file would be "estreated" to the court of exchequer (a revenue court). Similarly, in Florida, when a criminal defendant fails to appear, forfeiture proceedings begin in the criminal case but are later pursued in a circuit civil case. However, because there are no longer any exchequer courts in the United States, the word "estreature" has largely been replaced by the word "forfeiture".

All others.

Testimony or exhibits received by the court at any stage of court proceedings.

A list of all the items entered as evidence in a trial or hearing.

On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.

The legal procedure in which only one side is represented. It differs from the adversary system or adversary proceeding.

After the fact. The Constitution prohibits the enactment of ex post facto laws. These are laws that permit conviction and punishment for a lawful act performed before the law was changed and the act made illegal.

Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.