damnum absque injuria any loss or injury caused without any wrongdoing by a person or persons, such as by an act of nature, or any damage caused by a lawful act; any damage in which the law provides no recourse.
decriminalization the changing of a law so that what was once a criminal act is no longer so and is therefore no longer punishable by law.
defalcation failure of a trustee to pay out money when it becomes due.
default judgment a judgment made against a defendant for failure to appear in court.
defraud to commit fraud.
degree of proof the degree of evidence necessary for the awarding of damages or conviction of a suspect. The degrees of proof include "preponderance of the evidence," "clear and convincing," and "beyond a reasonable doubt."
deliberate to consider all the facts of a case after all the evidence has been given.
de minimis acts too trivial or unimportant to be dealt with in a court of law.
demonstrative evidence weapons, stolen goods, photographs, or other objects displayed in court to help clarify or add evidence to a case.
deposition a pretrial statement taken from a witness under oath.
desuetude discontinuance from use, referring to laws that have become obsolete and are no longer enforced.
dictum a dogmatic or opinionated pronouncement by the judge concerning a case.
diminished capacity a defense that pleads diminished mental capacity of the defendant, which often lessens a sentence in a criminal conviction.
disbar to rescind the license and right of an attorney to practice law due to unethical or illegal conduct.
district attorney the prosecuting attorney of a given district.
divestiture a selling off of property or assets by an offending party as ordered by the court to prevent the offender from enjoying the gains or "spoils" of his crime, usually used in the enforcement of antitrust laws.
docket the list of cases pending on a court's calendar.
double jeopardy a provision in the Fifth Amendment to the Constitution preventing a second prosecution in a criminal case; regardless of the outcome of the first trial.
embracery obstructing justice by trying to bribe or otherwise influence a juror.
entrapment a defense used in criminal law that excuses a defendant if it is proven he or she was lured into a crime by police inducement and that the crime would not have occurred if it had not been for that inducement.
estoppel a restraint to prevent one from contradicting a previous statement.
executive privilege the right of the president to refuse to disclose confidential information that may impair government functioning.
exemplar nontestimony evidence of identification such as fingerprints, blood samples, handwriting samples, and voice recordings.
exigency any emergency occurrence that excuses one for breaking the law, such as speeding to the hospital with a person having a heart attack.
expungement of records the court-ordered annulment and destruction of all records of arrest and court proceedings concerning a defendant arrested but not convicted.
extenuating circumstances circumstances that justify or partially justify an illegal act and that qualify guilt or blame.
extortion the crime of using one's position in business or government to extort or obtain illegally money or property through abuse of power.
extradition the process through which a criminal is transferred or surrendered by one nation to another or from one state to another.
facilitation the statutory offense of aiding another to carry out a crime.
fairness doctrine a requirement of broadcasters to air contrasting viewpoints on controversial issues.
famosus libellus a slanderous or libelous letter, handbill, advertisement, written accusation, or indictment.
felony any crime considered more serious than a misdemeanor, such as homicide, robbery, burglary, rape, arson, or larceny.
felony murder a murder committed in the act of another felony, such as a robbery, burglary, or rape.
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fiduciary pertaining to one who holds something in trust for another.
first-degree murder any murder that is willful, deliberate, and premeditated.
foreman among a jury, the spokesman and presiding member.
forensic relating to, belonging to, or used in courts of justice.
forensic medicine a branch of medicine employed to assist in legal matters.
fratricide the murder of one's brother.
fraud willful deceit resulting in harm to another.
Freedom of Information Act the federal law requiring that documents and other materials held in federal offices must be released to the public upon request, although with a few exemptions.
fresh pursuit the right of the police to enter another jurisdiction in order to arrest a felon.
fruit of the poisonous tree doctrine the doctrine that prevents the use of evidence originating from illegal conduct on the part of an official on the grounds that such "tainted" evidence cannot be trusted.
gag order a court order restricting outside comments about a case.
garnish to attach wages or other property.
graft profiting dishonestly from public money through one's political connections.
grand jury a jury of 12 to 23 persons employed to evaluate accusations and persons charged with crimes to determine whether a trial is warranted.
gratis given without reward; free, for nothing.
gross of behavior, willful, inexcusable.
habeas corpus the common-law writ designed to prevent unjust imprisonment; law enforcement authorities must obtain a judicial determination of the legality of putting a particular person in custody.
hearing a preliminary judicial investigation of evidence to determine issues of fact.
hearsay rule a rule holding that evidence based on the statements of those other than testifying witnesses is inadmissible.
homicide the killing of one person by another.
hostile witness any biased witness whose testimony may be prejudiced against a court opponent.
hung jury an indecisive jury that cannot agree on a verdict.
ignorantia legis non excusat ignorance of the law is no excuse.
immaterial irrelevant.
immunity immunity from prosecution or exemption from a rule or penalty, sometimes granted to witnesses to get them to testify.
impaneling the jury selection process. Also, a list of those serving on a jury.
impeach to charge a public official with malfeasance while in office.
implied consent consent presumed or inferred from someone's action, inaction, or silence.
impound to place something in the custody of the police or other authority.
in articulo mortis in the moment of death.
in camera proceedings held in a judge's chambers or out of public view.
indictment a written statement formally charging one with a crime and submitted to a grand jury.
inferior court any court whose decisions may be judged by a higher court.