Law Dictionary

A 

ABA. ABBRV. American Bar Association.

abandon. V. To intentionally give up a right or property without any plan of reclaiming it in the future; to desert a spouse or child. N. abandonment.

abatable nuisance. N. A nuisance that can be reduced.

abate. V. To decrease, reduce, or diminish; to end, dismiss, or temporarily suspend a lawsuit. N. abatement. ADJ. abatable.

abatement of a legacy. N. A reduction in the amount of a legacy after the payment of debts owed by the person who granted the legacy.

abatement of taxes. N. A reduction in the amount owed by the taxee.

abdicate. V. To renounce a responsibility or position; generally used to describe the act of a sovereign giving up a throne or an offi- cial renouncing the privileges and duties of his or her office; also used to describe a government or official failing to fulfill responsi- bilities or duties. N. abdication.

abduct. V. (1) To take or carry away a person illegally by force or persuasion. (2) To take away or detain unlawfully a female, intending to force her into marriage, concubinage, or prostitution.

(3) For a woman to entice a husband to abandon his wife for her.

1. N. abduction. See also kidnap, alienation of affections.

abet. V. To help or encourage someone else to commit a crime.

abettor. N. A person who abets or instigates a crime; an abettor shares criminal intent with the person who in fact commits the crime. See also aid and abet, accessory, accomplice.

abeyance. N. A state of temporary disuse or suspension; an unsettled state; the condition of an estate in fee or freehold during a lapse in succession with no current titleholder or owner.

ab initio. ADJ. (Latin) From the beginning; used to describe contracts, marriages, deeds, etc., that are either valid or void from their inception.

ABM. ABBRV. Anti-ballistic missile.

abode. N. A home or place of residence; a domicile.

abolish. V. To end or do away with; generally used to describe formally ending an institution, system, or custom, such as slavery or a tax. N. abolition.

aboriginal. ADJ. Indigenous, native to a place from earliest times.

aboriginal title. N. The exclusive rights of American Indians to lands and waters they occupied before the United States claimed them.

abortion. N. The premature ending of a pregnancy; in legal context, generally refers to a deliberate termination, though the term can also apply to spontaneous natural expulsion of a fetus before it becomes viable. V. abort.

abortionist. N. Someone who performs abortions.

about. ADV. Approximately; near in time, degree, or quality.

abridge. V. To shorten or condense while retaining the sense of the original document. N. abridgement.

abrogate. V. To repeal, revoke, or end; particularly applies to laws, rights, orders, or formal agreements. N. abrogation

abscond. V. To depart quickly and secretly in order to avoid arrest or a lawsuit, particularly after committing some crime such as theft; to leave the jurisdiction of local courts or to hide from them.

abstain. V. To refrain from doing something, such as voting. N.

abstention.

abstention doctrine. N. A policy that allows federal courts to relin- quish jurisdiction over a matter and allow a state court to decide a federal constitutional question or a matter of state law.

abstract. ADJ. Existing only in thought or theory and not in reality

1. N. (1) A summary, abridgement, or condensation of a longer docu- (2) That which is abstract or theoretical, often used in the phrase “in the abstract.” V. (1) To summarize or abridge. (2) To remove something from something else, as in abstracting money from a bank. N. abstraction.

abstract of record. N. A short summary of the history of a case taken from the trial court record to show an appellate court what issues were considered at trial.

abstract of title. N. A short history of a piece of land tracing title through all conveyances, transfers, and liens or encumbrances; used to prove an owner’s right to the property.

absurd. ADJ. Illogical, incongruous, and obviously untrue. N.

absurdity.

abuse. V. To misuse; to wrong or mistreat a person or animal phys- ically, mentally, or sexually. N. Improper use; corrupt acts; cruel treatment of another; violence or sexual assault toward another.

abuse, child. N. Cruel treatment of a child.

abuse of discretion. N. A decision or judgment made by a trial court that is inappropriate, inconsistent with the facts of the matter, and not according to precedent or established law.

abuse of process. N. Using the courts and legal process for some improper purpose, such as initiating a lawsuit for revenge or intim- idation.

abut. V. To share a boundary; to touch; to adjoin.

accelerate. V. To go faster; to increase; to shorten the time in which a future event will occur, particularly used to discuss the vesting of property rights. N. acceleration.

accelerated cost recovery system. N. An accounting method that writes off the cost of a fixed asset over a period of time. See also cash method. ABBRV. ACRS.

acceleration clause. N. A clause in a contract or mortgage that causes the entire payment to become due if a specific event occurs; common in installment contracts, in which the entire debt becomes due if the buyer fails to make payments on time.

accept. V. To receive willingly; to agree voluntarily; implies the right to refuse.

acceptance. N. In contract law, voluntarily consenting to an offer, which then creates a binding contract.

acceptance, conditional. N. Agreeing to accept an offer if a certain condition is fulfilled.

acceptance, implied. N. An agreement that is implied from a person’s words and deeds rather than from explicit acceptance of the offer.

access. N. An opportunity to do or use something; a means of approach or communication; an opportunity for sexual inter- course; a property owner’s right to go to and from his or her land.

accession. N. (1) An addition; something added to an existing body of property; the right to ownership of one’s property even after its form has been altered (e.g., if A cuts down B’s tree and makes it into a chair, B can still claim ownership of the chair by accession).

(2) The attainment of a rank or title, as in a monarch’s accession to a throne. (3) Accepting or joining a treaty or association. V. accede.

accessory. N. (1) Something added to another object as a decora- tion or to make it more useful. (2) Someone who helps another person commit a crime.

accessory after the fact. N. A person who aids a felon, knowing that he or she has committed a felony and intending to help him or her escape punishment. See also accomplice, aid and abet, conspiracy.

accessory before the fact. N. Someone who encourages or helps another plan to commit a felony but who is not present during the commission of the crime.

accident. N. A chance occurrence or incident; an unforeseen and unintended event; often used to describe unfortunate occurrences, such as injury or mishap. ADJ. accidental.

accident, unavoidable. N. An accident that occurs despite the exercise of due care and common sense; an accident that could not have been prevented.

accommodate. V. To meet someone’s wishes or demands; to adapt to; to do something as a favor, without consideration. N. accommodation.

accommodation loan. N. A loan given without any consideration or security out of friendship or the lender’s desire to aid the borrower.

accommodation note. N. A note signed by an accommodation maker. Also called accommodation paper.

accommodation party (maker). N. A person who signs his or her name to a note or commercial paper to lend credit to another signer, the accommodated party, without consideration and thereby assuming liability for the debt; a cosigner or surety.

accomplice. N. Someone who knowingly and willingly helps another commit a crime. See also aid and abet, accessory.

accord. V. To give or grant; to agree. N. An agreement; a treaty; an agreement between two parties that settles a dispute and provides satisfaction to the wronged party.

accord and satisfaction. N. A means of ending a dispute by forming an agreement (the accord) that one party will pay the other some consideration (the satisfaction, often less than the amount origi- nally agreed to) and that this will discharge any remaining obliga- tion.

account. N. (1) A statement of financial events, debits, and credits.

(2) A body of funds held by one institution or individual on behalf of another. (3) A description of an event.

accountability. N. Responsibility; the state of being answerable for something.

accountant. A person trained in accounting, bookkeeping, and taxes.

accountant, certified public. N. An accountant who has passed an official examination and fulfilled other requirements and has thus been licensed as an accountant by his or her state. ABBRV. CPA.

account for. V. To provide a satisfactory explanation for something.

accounting. N. (1) A system of keeping financial records. (2) An action in equity to settle the finances of a partnership.

accounting method. N. The method used by a business to calculate its income and expenditures for tax purposes. See also accrual method, cash method.

account payable. N. Debts owed by a business.

account receivable. N. Money owed to a business.

accredit. V. To recognize officially or authorize; to attribute; to send someone to another place (often internationally) as an official envoy.

accrete. V. To grow or increase by accumulation.

accretion. N. (1) Growing or adding on to something; typically used to describe natural growth such as the accumulation of sediment at the mouth of a river. (2) Income to a trust that comes from some unusual source. (3) The right of heirs and legatees to claim the property of any other heir or legatee who refuses to accept it or dies before inheriting.

accrual method. N. An accounting method that records incurred expenses and income earned during a period even if all money has not been paid or received; businesses that maintain inventory must use this method.

accrue. V. (1) To accumulate or increase; to receive at regular inter- vals; to become due. (2) To come into existence as a cause of action. N. accrual.

accrued interest. N. Interest due on the principal.

accumulate. V. To gradually acquire or gather an increasing amount of something. N. accumulation.

accusatory. ADJ. Accusing someone of a crime.

accusatory body. N. A group such as a grand jury that hears evidence and decides that someone should be accused of a crime.

accusatory instrument. N. A document that sets forth an accusation.

accusatory stage. N. The stage of criminal procedure after the accused has been arrested and is being interrogated.

accuse. V. To charge someone with a crime; to institute legal proceedings against a suspected criminal. N. accusation.

accused. N. Someone charged with a crime.

ACLU. ABBRV. American Civil Liberties Union.

acknowledge. V. To admit or confirm; to accept responsibility. N.

acknowledgement.

acquiesce. V. To accept without protest; to give implied consent by silence. N. acquiescence. See also laches.

acquiescence, estoppel by. N. Estoppel that arises if a party has the opportunity to object to something but gives implied consent by inaction.

acquire. V. To gain or obtain; to become the owner of something. acquisition. N. The process of acquiring; something acquired. acquit. V. To set free or release; to absolve of criminal liability. N.

acquittal.

acre. N. A unit of land with an area of 43,560 square feet (4,840 square yards).

ACRS. ABBRV. Accelerated Cost Recovery System.

act. V. To do something, usually voluntarily. N. (1) An action or deed. (2) A law or written ordinance passed by Congress or another legislative body; when done by Congress, this is called an act of Congress.

acting. ADJ. Temporarily performing the duties of a position or office without officially holding that position or office.

action. N. (Latin) (1) A proceeding or an action; the right to pursue a lawsuit. (2) A court proceeding; a lawsuit; a formal complaint brought by one party to prosecute another or demand rights within a court of law. See also case.

actionable. ADJ. Forming the legal basis of a cause of action. action at equity. N. An action brought in a court of equity. action at law. N. An action brought in a court of law.

actio non. N. (Latin) No action; a pleading of nonperformance; a nonsuit.

active. ADJ. Doing purposefully; currently in action; the opposite of passive.

active concealment. N. Intentional and purposeful concealment.

active duty. N. The state of serving full-time in the military; see

reserve.

active negligence. N. Negligence that occurs through some posi- tive act as opposed to passive inaction

active participant. N. Someone who engages in some conduct that is part of the commission of a crime.

activism, judicial. N. The practice of making legal decisions based on beliefs about individual rights and attitudes rather than prece- dent and statute.

activist judge. N. A judge who uses his or her position on the bench to make decisions that reflect personal attitudes and beliefs instead of applying the letter of the law or following precedent.

act of God. N. Something that happens as a result of natural forces that cannot be controlled by humans, such as storms, earthquakes, or floods. Also called act of providence.

act of sale. N. An official document certifying that a sale has occurred, signed by the parties and verified by witnesses and a notary.

actor. N. A person who acts; one who performs an action.

actual. ADJ. Real; existing in fact.

actual damages. N. Damages awarded for real injuries as opposed to nominal or punitive damages.

actual residence. N. The place where someone actually lives, as opposed to a legal residence. See also constructive.

actual value. N. A value awarded in condemnation proceedings based on the price that a property would probably fetch from a willing buyer to a willing seller.

actuarial tables. N. Statistical tables that predict the likely ages that people will reach; used for such purposes as calculating the value of annuities or damages stemming from premature deaths; also called life tables.

actuary. N. Someone who uses statistics to calculate insurance rates. ADJ. actuarial.

actus reus. N. (Latin) The guilty act; a criminal action. See also

mens rea.

ADA. ABBRV. Americans with Disabilities Act.

add. V. To join together; unite; attach.

ad damnum. N. (Latin) To the damage; the clause in a complaint in which a plaintiff specifies the damages he or she seeks.

addendum. N. Something that is added on; usually written material added to the end of a document.

addict. N. Someone who uses, does, or consumes something habit- ually and who is dependent on that substance or activity; usually applies to those who are dependent on drugs or alcohol and cannot control their consumption thereof.

addition. N. Something added to something else; a new structure added to an existing building.

additur. N. (Latin) A trial court’s increase in the amount of damages awarded to a plaintiff by a jury; this can be done with the defendant’s consent if the court rules that the jury’s award is inad- equate, and on the condition that the plaintiff’s motion for a new trial will be denied.

ADEA. ABBRV. Age Discrimination in Employment Act.

adeem. V. To remove, revoke, or take away; to take away a legacy or future bequest in advance.

ademption. N. Revocation of a legacy by a testator before the testator’s death, sometimes by giving the recipient the property mentioned in the will before death, and sometimes by disposing of the property in such a way that it is impossible to carry out the will.

adequate. ADJ. Sufficient, satisfactory.

adequate care. N. Care appropriate to the risk in question.

adequate compensation. N. Under eminent domain, the market value of property when taken.

adequate remedy at law. N. A remedy that provides complete and appropriate relief.

adhesion. N. Joining; clinging to; sticking together; allegiance. V.

adhere.

adhesion contract. N. A contract offered to one party by another on a take-it-or-leave-it basis, in which the offering party creates all the details of the contract and the receiving party has no opportu- nity to bargain or modify the contract. This is common with stan- dard form contracts. Often there is doubt as to whether an adhesion contract is valid because one party has so little bargaining power. See also unconscionable.

ad hoc. ADJ. (Latin) For this; arranged for one particular purpose.

ADV. ad hoc.

ad hominem. ADJ. (Latin) To the person; appealing to the emotions instead of to logic and reason. ADV. ad hominem.

ad infinitum. ADV. (Latin) To infinity; repeatedly; forever.

adjacent. ADJ. Next to; near; neighboring.

adjective law. N. Rules of procedure; the rules that administer substantive law.

adjoining. ADJ. Joined with; touching; in contact with.

adjourn. V. To postpone; to suspend; to stop with the intent of resuming later.

adjudicate. V. To judge; to formally issue a final judgment in a court proceeding. Synonymous with adjudge. N. adjudication.

adjudge. V. To decide; to pass judgment; to sentence.

adjust. V. To alter; to make satisfactory; to remove discrepancies; to settle.

adjusted basis. N. Basis plus additions to capital minus depre- ciation.

adjusted gross income. N. Gross income minus expenses and capital loss deduction.

adjuster. N. A person who settles things, especially insurance matters; one who determines the amount of a claim against an insurer and then agrees on a settlement with the insured.

ad litem. ADJ. (Latin) For the lawsuit; for the purposes of the lawsuit being prosecuted.

ad litem, guardian. N. Someone appointed to act in a lawsuit on behalf of a child or incapacitated party.

administer. V. To manage; to run (a business or other operation); to make someone take an oath; to enforce a decree.

administration. N. The process of managing or running something; the people who manage something.

administrative agency. N. A governmental organization that imple- ments a particular piece of legislation, such as workers’ compensa- tion or tax law.

administrative law. N. The body of laws that governs administra- tive agencies.

administrative law judge. N. The officer who presides over admin- istrative hearings. This officer is not a judge of law; he or she may administer oaths, hear testimony, make determinations of fact, and recommend or make decisions.

Administrative Procedure Act. N. A federal law that governs the proceedings of federal administrative agencies.

administrator. N. A person appointed by a court to handle the estate of someone who dies intestate, i.e., without a will. FEM. administratrix. See also executor.

admiralty and maritime jurisdiction. N. Jurisdiction over events happening on the seas, oceans, and navigable waters.

admiralty court. N. A court that hears disputes related to admiralty and maritime matters.

admissible. ADJ. Acceptable; valid; able to be admitted.

admissible evidence. N. Evidence that is proper to admit at trial because it is relevant to the matter at hand. See also admit, evidence.

admit. V. (1) To allow in; to accept as evidence (2) To acknowledge that something is true; to confess to a crime. N. admission.

adopt. V. (1) To make one’s own; to accept; to choose. (2) To create a legal parent-child relationship between people unrelated by blood. N. adoption.

adult. N. A fully grown person; one who has reached the age of majority.

adult entertainment. N. Entertainment not suitable for children, typically erotic or sexual acts or movies; pornography.

adulterate. V. To corrupt; to mix into a pure or good substance something of poorer quality. N. adulteration.

adultery. N. Voluntary sexual congress between a married person and someone who is not his or her spouse. ADJ. adulterous.

ad valorem. ADJ. (Latin) According to the value; in proportion to value.

ad valorem tax. N. A tax assessed on the value of property.

advance. V. To move forward or make progress; to approach; to pay money or some other payment before it is due, as when an author receives an advance before a book is written. N. Money paid before it is due; money or other objects given on credit, with some future repayment anticipated.

advance directive. N. A document such as a living will or durable power of attorney that describes the kind of medical care a person wishes to receive if he or she becomes incapacitated.

advancement. N. A portion of an anticipated inheritance paid before the death of the testator (usually a parent to a child) that is then deducted from the recipient’s share of the estate after the testator’s death.

advance sheets. N. Recent judicial opinions published in pamphlet or loose-leaf form that are later compiled into bound volumes of regional reporters; hardbound collections of court opinions.

adventure. N. A hazardous and risky enterprise or activity; often used in marine insurance policies as a synonym for “peril.”

adversary. N. Opponent; opposing counsel.

adversary proceeding. N. A hearing or trial with opposing parties, one seeking relief from the other, and that ends with one party receiving a favorable outcome at the expense of the other. See also case.

adverse. ADJ. Against; opposed; contrary; hostile.

adverse possession. N. A method of acquiring property without buying it; if a person uses land not belonging to him or her in a manner that is open (so that the owner knows about it or should know), but without permission of the owner, continuously, actu- ally, and exclusively for a period of time prescribed by statute (usually a number of years), then a court will find that the person has earned title to the land.

advertise. V. To describe publicly in order to promote sales or solicit applications; to announce; to call to public attention.

advertisement. N. A public notice promoting a product or service or soliciting applications.

advertising. N. The practice of creating advertisements.

advice. N. Guidance; suggestions; recommendations intended to help someone; the opinions and recommendations given to clients by lawyers.

advise. V. To counsel; to recommend a course of action; to offer helpful suggestions. ADJ. ad isory.

advisory opinion. N. An opinion rendered by a judge or court that indicates how the court would rule on a question without actually ruling on some adversary proceeding; an advisory opinion is only informative and is not binding.

advocacy. N. Pleading or arguing for a cause

advocacy, trial. N. Arguing for a cause in court as part of a trial.

advocate. N. Someone who supports a cause or argues for some- thing; someone who defends another; a legal counselor or repre- sentative. V. To argue in support or defense of; to recommend.

adware. N. A computer program that automatically displays adver- tisements on a computer, often bundled with another program that users buy for actual use. See also bundling.

aesthetic value. N. The value of something due to its beauty or artistic worth rather than its practical use.

affect. V. To have an effect on; to influence; to change.

affiant. N. Someone who makes and swears to an affidavit.

affidavit. N. A written statement of facts whose truth is confirmed by oath of the party making it, used as evidence in court.

affiliate. V. To associate with; to join officially. N. A person or organ- ization allied with or officially joined to a larger body.

affiliation. N. The condition of being affiliated.

affinity. N. (1) A relationship; fondness or liking. (2) The degree of relationship between people who are related by marriage. See also consanguinity.

affirm. V. To confirm; state as fact; ratify; to declare that a previous judgment is correct.

affirmation. N. The act of confirming that something is true. It can be used as a substitute for an oath in the case of religious or ethical objections to swearing.

affirmative action. N. Deliberate and positive efforts to help victims of discrimination by remedying effects of past discrimination and preventing future discrimination.

affirmative defense. N. In pleading, a response to a complaint that constitutes a defense and justification for the defendant’s actions instead of attacking the truth of the plaintiff’s allegations; affirma- tive defenses include self-defense, assumption of risk, estoppel, and insanity.

affirmative misconduct. N. A deliberate act done by someone who knows it is wrong; deliberately misrepresenting a fact or concealing a fact.

affirmative relief. N. Relief or compensation granted to a defendant in a lawsuit.

affix. V. To attach; fasten to something.

AFL-CIO. ABBRV. American Federation of Labor and Congress of Industrial Organizations.

aforesaid. ADJ. Said earlier; previously mentioned.

aforethought. ADJ. Premeditated; planned in advance.

a fortiori. ADJ. (Latin) With a stronger reason; used in argument to describe a proposition that must be true because it is a subcategory of something that is true. ADV. a fortiori.

after-acquired. ADJ. Acquired subsequent to a particular time or event.

after-acquired property. N. (1) Property a debtor acquires after concluding an agreement putting up other property as security for a loan. (2) Property acquired by a bankrupt after filing for bank-ruptcy.

after-acquired title. N. A doctrine providing that if someone sells property he or she does not own but then acquires the title to it, the buyer receives the good title.

after the fact. ADJ. Subsequent to a particular event. See also

accessory.

against. PREP. Opposed to; contrary.

against interest. ADJ. Describes a statement or admission that is disadvantageous to the person making it.

against the law. ADJ. Illegal; also describes a court decision made despite insufficient evidence or material issues.

against the (manifest) weight of the evidence. ADJ. Not supported by the evidence presented at trial, or based on false evidence; the evidence clearly leading to the opposite conclusion.

against the will. ADJ. Describes the state of mind of a victim of robbery or rape.

age discrimination. N. Unfair treatment in the workplace and in hiring based on age; prohibited by the federal Age Discrimination in Employment Act of 1967.

Age Discrimination in Employment Act. N. A federal law that prohibits discrimination against people on the basis of age. ABBRV. ADEA.

agency. N. (1) A relationship in which one person, the agent, is authorized to act on behalf of the other, the principal. (2) A department or group that performs a specific task for the government. (3) A business that provides a specific service, often arranging transactions between customers.

agent. N. A person authorized to act for another person, the prin- cipal, in specific or unlimited ways.

agent, insurance. N. Someone authorized to sell insurance policies on behalf of an insurance company.

agent, real estate. N. Someone authorized to sell or rent property on behalf of other people.

age of consent. N. (1) The age at which a person may marry without his or her parents’ permission. (2) The age at which a person may consent to have sexual intercourse without causing his or her sexual partner to be guilty of an offense such as statutory rape or sexual assault.

age of majority. N. The age at which a person becomes a legal adult, responsible for his or her own actions, and able to enter into contracts and vote.

age of reason. N. The age at which a child is deemed responsible for his or her own actions, usually 7 years of age.

aggravate. V. To make worse. N. aggra ation. See also simple.

aggravated assault. N. Assault made worse than simple assault by the addition of aggravating circumstances, such as extreme indif- ference to human life or the use of a deadly weapon.

aggravating circumstances. N. Circumstances that increase the severity of a crime or tort.

aggregate. N. The sum of several parts; the entire amount of some- thing. V. To combine several elements into one whole, as when several causes of action are joined into a single lawsuit or several people are combined to form a group for a class action. N. aggre- gation.

aggrieved. ADJ. Feeling anger at some injury or unfair treat- ment.

aggrieved party. N. Someone who has been injured, suffered a loss, or whose rights or property are at risk.

aging of accounts. N. Arranging accounts in chronological order of days outstanding.

agrarian. ADJ. Having to do with land and agriculture.

agree. V. To concur; to consent; to settle.

agreement. N. A mutual understanding between two or more parties; a meeting of minds. It often leads to a contract.

aid and abet. V. To knowingly help someone commit a crime. See also accessory, accomplice.

air rights. N. Rights to use the air above land; air rights accompany land ownership of land, with some limitations, e.g., a landowner has the right to recover damages from airlines that interfere with his or her use of the land, but is not allowed to pollute the air.

aka. ABBRV. Also known as. See also alias.

alderman. N. A city or town official or legislator; a councilman.

aleatory. ADJ. Random, uncertain, depending on chance.

aleatory contract. N. A contract whose performance depends on some random event, such as an insurance contract.

alias. N. A fake or alternate identity. ADV. Used to indicate the use of a false name, e.g., “Samuel Clemens, alias Mark Twain.”

alibi. N. A defense in which the defendant claims to have been someplace other than the scene of a crime when the crime was committed and produces evidence to prove it, thus proving that it was physically impossible for him or her to have committed the crime in question.

alien. N. A foreigner; someone born in another country who has not become a citizen of his or her country of residence. ADJ. (1) Foreign. (2) Strange, unfamiliar. See also resident alien.

alienable. ADJ. Able to be transferred.

alienate. V. To transfer property from one person to another. N.

alienation.

alienation of affections. N. The tort of maliciously interfering with a marriage, resulting in damage to the marital relationship.

alimony. N. An allowance ordered by the court that one spouse pays to the other after a divorce or separation for the support and maintenance of the recipient.

allege. V. To claim; to assert; to state in a pleading what one intends to prove at trial. N. allegation.

allen charge. N. A charge by the court to a deadlocked jury admon- ishing them to work together to reach a verdict, and especially encouraging the holders of a minority opinion to listen to the argu- ments of the majority and to let themselves be convinced if possible. This is prohibited in some states.

allocate. V. To distribute for a particular purpose; to assign; to allot. In taxation, to allot portions of income to different purposes. N. allocation. ADJ. allocable.

allocution. N. A speech by a trial judge to a criminal defendant asking the defendant if he or she would like to make a statement on his or her own behalf, or asking if the defendant has any legal reason why he or she should not be sentenced if the jury’s verdict is to convict.

allot. V. To apportion; to distribute portions of something to several individuals; to allocate something to someone.

allotment. N. The amount of something allocated to someone; a portion or share.

allow. V. To permit; to acquiesce; to accept as true.

allowance. N. (1) The amount that is permitted. (2) A sum of money paid to someone regularly.

alluvion. N. Land formed by the accumulation of silt on the banks or at the mouth of a stream or river. See also accrete.

also known as. ADJ. See alias.

alter. V. To change or modify. N. alteration.

alteration, material. N. A change in the language of a contract that affects the rights defined by the contract.

alter ego. N. (Latin) Other self; an alternative personality. In corporate law, a doctrine that allows the court to find an individual responsible for acts done in the name of a corporation.

alternative dispute resolution. N. Methods for settling disputes without recourse to litigation, including arbitration, mediation, and conciliation.

alternative pleading. N. A form of pleading in which the pleader sets forth two or more different and possibly inconsistent versions of his or her claim or defense.

ambiguity. N. Uncertainty of meaning; doubt. ADJ. ambiguous.

ambulance chaser. N. A derogatory term for a lawyer who repre- sents plaintiffs in personal injury cases.

amend. V. To fix; to improve; to modify or revise a document. N.

amendment.

amends. N. Reparations; something done to make up for a wrong done to someone else.

American Bar Association. N. A national association of lawyers and law students. ABBRV. ABA.

American Civil Liberties Union. N. A national organization dedi- cated to protecting constitutionally guaranteed civil rights and liberties. ABBRV. ACLU.

American Digest System. n. A digest of U.S. cases arranged chronologically and by subject, serving as a guide to American case law.

American Federation of Labor and Congress of Industrial Organizations. N. U.S. trade union organization made up of over fifty national and international trade unions representing over ten million workers. ABBRV. AFL-CIO.

Americans with Disabilities Act. N. A federal statute prohibiting discrimination against disabled people in jobs, transportation, and services. ABBRV. ADA.

amicus curiae. N. (Latin) Friend of the court; someone who is not a party to a lawsuit but who has a strong interest in the subject matter of a case and petitions the court for permission to file a brief providing information on the matter to aid the court in rendering its decision; such a brief is called an amicus curiae brief or amicus brief.

amnesty. N. An official pardon granted by a government to a group of people forgiving them for past crimes, usually political crimes such as treason or draft evasion.

amortize. V. To spread out the payment of a debt by periodically paying a portion of interest and capital; to pay off a debt such as a mortgage in installments; to write off the cost of an asset over time.

1. N. amortization.

anarchist. N. A person who wishes to bring about a state of anarchy.

anarchy. N. A political system characterized by an absence of government and law-enforcement mechanisms and complete freedom for individuals; a state of lawlessness or disorder resulting from a lack of governing authority.

ancestor. N. A person from whom one is descended.

ancestry. N. A line of family descent.

ancient. ADJ. Old; having existed since the distant past.

ancient writings. N. In evidence law, old (twenty or thirty years old) documents kept in official custody, presumed to be genuine without express proof.

ancillary. ADJ. Supplementary; additional; supporting.

ancillary jurisdiction. N. Jurisdiction claimed by a federal district court to adjudicate matters raised as part of an existing controversy, even though the court would not ordinarily have juris- diction over the matter. See also supplemental jurisdiction.

ancillary suit. N. A suit that grows out of an existing or prior suit in the same court.

animo. ADJ. (Latin) Intentionally.

animo, quo. ADJ. (Latin) With what intent.

animo testandi. ADJ. (Latin) Intending to make a will.

animus. N. (Latin) Will, intent.

animus donandi. N. (Latin) Intent to give.

annex. V. To add something to something else; to join; to unite. N. An addition to a building or document.

annexation. N. The act of adding or joining one thing to another.

annotate. V. To add notes to a text explaining it or commenting on it; often done to court cases and statutes. N. annotation. ADJ. annotated.

annual report. N. A yearly financial report prepared by a corpora- tion for its stockholders, audited by an independent certified public accountant, and filed with the Securities and Exchange Commission on Form 10-K, including a balance sheet, income statement, and other information.

annuitant. N. One who receives an annuity.

annuity. N. A fixed sum paid to a person periodically for a set period of time, often for life.

annul. V. (1) To declare something invalid; to abolish; to make nonexistent. (2) To declare that a marriage was never legally valid and therefore never existed. N. annulment. See also divorce.

answer. N. (1) A response; a reaction. (2) A pleading submitted by a defendant in response to a plaintiff’s complaint, containing denials of allegations, affirmative defenses, and counterclaims. V. To respond; to file an answer to a complaint with the court.

antenuptial. ADJ. Before marriage.

antenuptial agreement. N. An agreement entered into by prospec- tive spouses before their marriage, to take effect upon marriage. It usually contains provisions about support and distribution of property in the event of divorce or separation. See also prenuptial agreement.

anti-ballistic missile. N. A defensive missile designed to meet and destroy a ballistic missile, i.e., a missile carrying some nuclear, chemical, biological, or other agent intended to inflict harm on its victims. ABBRV. ABM.

anticipate. V. (1) To do something before its proper time. (2) To expect, to predict. N. anticipation. ADJ. anticipatory.

anticipatory breach of contract. N. A breach of contract that occurs when one party announces before the time scheduled for performance that he or she will not perform according to the contract.

anticipatory offense. N. A crime whose purpose is to commit a crime, such as conspiracy.

Anticybersquatting Consumer Protection Act. N. A federal law enacted in 1999 that makes cybersquatting a wrongful act subject to civil liability.

anti-lapse statute. N. A law that provides for the heirs of a devisee to inherit the devisee’s share of an inheritance if the devisee dies before the testator, instead of allowing the bequest to lapse as it would have under common law; e.g., if a mother dies before her father, her children can inherit her share of their grandfather’s estate.

antitrust. ADJ. Intended to prevent monopolies and trusts and to promote competition in business. See also Sherman Antitrust Act, Clayton Act.

APEC. ABBRV. Asia-Pacific Economic Cooperation.

a posteriori. ADJ. (Latin) Relating to knowledge gained through recent observation or experience. See also a priori.

apparent. ADJ. Obvious; evident; true as far as one can see.

apparent authority. N. The authority an agent gains when a prin- cipal allows a third party to believe that the agent has such authority, whether or not it is part of the agent’s actual authority.

apparent defect. N. A defect that can readily be seen on inspection.

appeal. V. To request a higher court to review a case that has been decided by a lower court and render a new decision, either a reversal or a new trial. N. appeal.

appeals court. N. A court that can hear appeals; also called a court of appeals or an appellate court.

appear. V. To come into court as a party to a lawsuit and submit to the court’s jurisdiction. N. appearance.

appearance, general. N. An ordinary appearance in which the party is subject to the court’s jurisdiction.

appearance, special. N. An appearance in which the party appears to attack the court’s jurisdiction over him or her.

appellant. N. One who files an appeal.

appellate. ADJ. Having to do with appeals.

appellate court. N. A court that reviews decisions made by lower courts or administrative agencies and does not hear new cases.

appellee. ADJ. The party against whom an appeal is filed; the party who prevailed at trial in the lower court. See also respon- dent.

application. N. A computer program; software that performs a particular task, such as a word processor, a spreadsheet, or a Web browser.

appoint. V. To select, choose, or designate; to assign someone a job.

appointee. N. One who has been appointed.

appointment. N. (1) The designation of a person to do a job. (2) A person appointed to a position. See also power of appointment.

apportion. V. (1) To divide something and assign or allocate portions of it to different parties. (2) To distribute legislative seats among the parties to be represented. N. apportionment.

appraise. V. To assess the value of something; to evaluate. N.

appraisal.

appreciate. V. (1) To grow in value. (2) To understand; to realize fully the implications of something.

appreciation. N. The increase in an item’s market value over a period of time; the difference between an item’s cost basis and fair market value.

appropriate. V. (1) To take something for one’s own; often used to describe theft. (2) To allocate money or other items for a particular purpose. N. appropriation.

appurtenance. N. Something attached or appended to something else.

appurtenant. ADJ. Belonging to and necessary to the full use of a larger property.

a priori. ADJ. (Latin) From theoretical deduction. See also a posteriori.

arbiter. N. A referee; someone appointed by a court to settle a dispute by the rules of law or equity. See also arbitrator.

arbitrage. N. A financial transaction in which securities or goods are simultaneously bought in one market and sold in another; price differences in the different markets produce a profit.

arbitrary. ADJ. At whim or at random instead of according to logic or rules; capricious.

arbitrary and capricious. ADJ. Describes a decision made according to whim and without regard to facts or law.

arbitration. N. A form of dispute resolution in which a neutral third party renders a decision after both parties speak for themselves at a hearing. See also arbitrator.

arbitration clause. N. A clause in a contract that requires disputes under the contract to be submitted to arbitration; such clauses are designed to avoid the litigation of disputes.

arbitrator. N. A neutral person appointed or chosen to settle a dispute by hearing arguments from both parties and then rendering a decision at his or her own discretion, not bound by rules of law or equity. See also arbiter.

archive. N. A place where old records, articles, documents, or books are kept; a place on a website or computer where old arti- cles are stored and can be accessed.

arg. ABBRV. Arguendo.

arguendo. ADV. (Latin) Arguing; for the sake of argument; hypo- thetically. ABBRV. arg.

argument. N. A set of reasons given in logical order intended to persuade hearers of a particular conclusion; a speech given by an attorney to the judge or jury in order to present a case and persuade the listeners to believe it.

ARM. ABBRV. Adjustable rate mortgage. See mortgage, adjustable rate.

arm’s length. ADJ. Distant, not intimate; describes a good faith, fair market transaction by parties with relatively equal bargaining power, in which neither one forces the other to accept terms.

arraign. V. In criminal law, to bring a defendant into court, charge him or her with an offense, and allow him or her to plead.

arraignment. N. The first step in the criminal process, in which a defendant is called into court, charged with a crime, informed of his or her rights, and allowed to plead guilty, not guilty, or nolo contendere.

arrears. N. Overdue payments; money owed but not yet paid.

arrest. V. To use legal authority to deprive someone of liberty; in criminal law, to stop someone suspected of a crime and take him or her into custody. N. arrest.

arrest of judgment. N. A court’s withholding of judgment in a case when there is some problem with the record that would make the judgment erroneous.

arrest record. N. The official record of times a person has been arrested.

arson. N. The crime of intentionally and maliciously setting prop- erty on fire.

article. N. One clause or paragraph of a legal document.

articles. N. A collection of several clauses or rules that comprise a statute, contract, or other legal document.

Articles of Confederation. N. The document that formalized the agreement between the original thirteen states of the Union. It was written in 1777, enacted in 1781, and replaced by the Constitution in 1789.

articles of impeachment. N. A document outlining reasons for removing a public official from office.

articles of incorporation. N. A document that creates a corpora- tion; sometimes called articles of association.

artifice. N. A clever or cunning device, often used to commit fraud or some trickery.

asbestos. N. A silicate mineral that resists heat and can be woven into fire-resistant material.

asbestosis. N. A lung disease caused by inhaling asbestos particles.

Asia-Pacific Economic Cooperation. N. An international economic treaty organization of nations surrounding the Pacific Ocean. ABBRV. APEC.

as is. ADJ. In the present condition; goods sold “as is” are delivered in the condition in which they were when the buyer inspected them before purchase.

asportation. N. Moving goods or a person from one place to another, as in larceny or kidnapping.

assault. V. To attack physically; to threaten or attempt to cause injury to someone else. When contact occurs as well, the offense is often called assault and battery. N. assault. See also aggravate, battery, simple.

assault weapon. N. A weapon used by soldiers in military opera- tions; for the purpose of gun control laws, any automatic or semi- automatic weapon that meets certain criteria.

assembly. N. A group of people gathered together in the same place for the same purpose; the meeting together of a group of people for a common purpose.

assembly, right of. N. A constitutional right allowing citizens to gather for reasons connected with the government, including protests and political rallies.

assembly, unlawful. N. A gathering that results in undesirable behavior by the group, such as noise or obstruction of roads.

assent. V. To approve; to ratify; to agree. N. assent.

assess. V. To evaluate; to determine a value or price for something; to set a value on property for tax purposes. N. assessment.

assessor. N. One who assesses something.

asset. N. Something of value; real or personal property worth money.

assets, capital. N. All property held by a taxpayer.

asset, intangible. N. Assets that have no physical presence, such as trademarks or goodwill.

assign. V. (1) To transfer legal rights or property to someone else.

• To select or N. assignment.

assigned risk. N. In automobile insurance, a category of drivers that insurers would not choose to cover due to their poor driving records or other risk factors, but that the insurers are required by statute to insure.

assignee. N. A person who receives property from another.

assignment of error. N. A claim by an appellant that the trial judge made an error at trial.

assignment of income. N. Assigning income-generating property to someone else in an effort to avoid receiving the income and thus income taxes.

assignment of wages. N. Assigning the right to collect wages to a creditor of the wage-earner.

assignor. N. One who transfers property to another.

assigns. N. People who receive property from an assignor.

assize. N. A kind of court that formerly heard criminal and civil cases in England and Wales.

associate. V. To be connected with or work with someone. N. A colleague, often a subordinate one; in a law firm, associates are lawyers who are employees of the firm, as opposed to partners, who are owners.

association. N. A group of people joined together for a particular purpose; the act of joining together for a specific purpose.

assume. V. (1) To take on a responsibility or power; to receive. (2) To take on something deceitfully, such as a false name. (3) To suppose something to be the case without any proof. N. assump- tion.

assumpsit. N. (Latin) He promised; a promise to do or pay some- thing made by one person to another.

assumption of risk. N. An affirmative defense stating that a plain- tiff voluntarily risked injury by exposing him- or herself to a known danger.

assurance. N. A declaration of certainty; also a British term for insurance.

assure. V. To confirm; to make certain; to make someone else sure of something.

asylum. N. Refuge or shelter from danger; a safe place for the poor and unfortunate to find help.

asylum, political. N. Protection granted by a nation to someone who has fled his or her homeland for political reasons.

ATF. ABBRV. Bureau of Alcohol, Tobacco, Firearms and Explosives.

atrocity. N. An act of extreme cruelty, brutality, and wickedness.

ADJ. atrocious.

attach. V. (1) To join or connect. (2) To seize a defendant’s property before a judgment has been reached at trial as security for any judgment that the plaintiff might receive. N. attachment

attainder. N. Under common law, the forfeiting of all civil and prop- erty rights after being convicted of treason or a felony. See also bill of attainder.

attempt. N. The act of trying to do something, usually unsuccess- fully; in criminal law, an intentional effort to commit a crime that failed but could have succeeded. V. attempt.

attendant circumstances. N. The facts and circumstances surrounding an event.

attest. V. To declare something to be true; to sign a document as a witness. N. attestation.

attorney. N. A lawyer; more generally, an agent appointed to act for another person.

attorney at law. N. A lawyer admitted by a court to practice law in a particular jurisdiction, including drafting legal documents and representing clients in court.

attorney-client privilege. N. In evidence law, the right of attorneys and their clients to withhold information about confidential communications made in the course of their professional relation- ship.

attorney general. N. An attorney who serves as the head of the Department of Justice and chief legal adviser to the president and who represents the United States in legal matters; each state also has its own attorney general who performs the same func- tions at the state level.

attorney’s fees. N. The fees charged by a lawyer for services rendered to clients. See also contingent.

attractive nuisance. N. A doctrine in tort law that a person who keeps something on his or her property that is likely both to attract children and be a danger to them (such as a swimming pool) is under a duty to protect the children from the dangers (as by fencing in the pool).

auction. N. A public sale of goods or property to the highest bidder.

1. V. auction.

auctioneer. N. A person licensed to conduct auctions, usually employed by the seller to act as the seller’s agent.

audit. N. A systematic review of an organization’s or an individual’s accounts. V. audit.

auditor. N. A person who conducts an audit.

authenticate. V. To prove that something is genuine or true; to certify; to give something legal authority so as to allow it to be admitted as evidence. N. authentication.

authorities. N. Sources used in composing a legal document, such as statutes, cases, restatements, and articles.

authorities, table of. N. A list of citations to all the legal sources used in a brief or other legal document.

authority. N. (1) Power; the right to tell others how to act or to make others obey; rights or powers delegated by one person or body to another. (2) An expert.

authorize. V. To approve; to give permission; to give someone legal authority. N. authorization.

authorized stock issue. N. The number of shares of stock a corpo- ration is allowed to sell under its charter/

automatic weapon. N. A gun that will continue to fire bullets as long as the trigger is held down and it still contains ammunition; a machine gun.

autopsy. N. The dissection and physical examination of a dead body to determine the cause of death.

aver. V. To assert or state; to declare.

averment. N. In a pleading, a positive assertion of fact.

avoid. V. (1) To escape or evade. (2) To nullify; to make void; to cancel; to destroy. N. a oidance.

avow. V. To acknowledge openly. N. a owal.

avulsion. N. The sudden removal of a large piece of land from one property and its deposit onto another, as when a river changes its course abruptly. See also accretion.

award. V. To grant something; to give something as a prize or compensation. N. Money or another object given as a grant or compensation; also the decision rendered by a nonjudicial decider such as an arbitrator.

Abatement: Reduction or rebate of an amount owed, usually by agreement with the person to whom the debt is owed. Debts or claims may be abated pro rata if there is not enough money to meet them all.
Ab initio: (Latin) from the beginning.
Acceptance: One of three requirements for a valid contract under common law (the other two being offer and consideration). A contract does not become legally binding until one party has made an offer and the other party indicates his readiness to accept the terms of the offer. Acceptance must be unconditionally communicated to the offer or while the offer is still open. Acceptance of an offer can, in certain circumstances, be implied by conduct.
Accord and Satisfaction: A contract may be discharged if one party, who has complied with his part of the contract, accepts compensation from the other party instead of enforcing the contract. The accord is the agreement by which the obligation is discharged. The satisfaction is the consideration (usually money and of a lesser value) which makes the agreement operative.
Acquiescence: Action or inaction which legally binds someone, even unintentionally. For example, an action such as accepting goods from a supplier will be binding if it implies recognition of the terms of a contract.
Act of God: An event resulting from natural causes, without human intervention (such as floods or earthquakes). Insurance policies often exclude acts of God.
Action: Proceedings in a civil court.
Adjournment: Postponement of a hearing by a judge on whatever terms he sees fit.
Administrative law: Law which applies to hearings before quasi-judicial or administrative tribunals. Such hearings must be conducted in accordance with the principles of natural justice, such as audi alteram partem and nemo judex in sua causa.
Administrator: A person appointed to manage the property of another (such as the administrator of the estate of someone who has died without leaving a will).
ADR: Alternative dispute resolution (such as arbitration, mediation and conciliation).
Adverse possession: Possession of land, without legal title, for long enough – normally 12 years – to be recognized as the legal owner (“squatter’s rights”).
Affidavit: Sworn written statement signed by a deponent, who swears that its contents are true to the best of his knowledge and belief. It must be witnessed by a practising solicitor or commissioner for oaths.
Agent: Person with power to contract on behalf of others, binding them as if they were signing the contract themselves. The person represented by the agent is called the principal.
Aggravated damages: Exceptional damages awarded by a court where a defendant’s behaviour towards the plaintiff or victim has been particularly humiliating, malicious or vindictive.
Alternative dispute resolution: Method by which conflicts and disputes are resolved privately, other than through litigation, usually by mediation or arbitration. ADR involves the appointment of a third-party to preside over a hearing between the two sides. The advantages of ADR are privacy and speed. The disadvantage is that ADR may involve compromise of legal rights.
Antedate: To date retroactively, before a document was drawn up.
Appeal: Challenge to a court decision in a higher court.
Appearance: The act of replying to a summons or turning up in court and accepting its jurisdiction to try proceedings. A barrister or solicitor may make an appearance on a client’s behalf.
Appellant: Person who makes an appeal.
Arrears: Accumulated debt which has not been paid on the due date.
Assault: Touching – or threatened touching – of another person, without that person’s consent.
Assign: To give or transfer responsibility to another person. The person who receives the right or property is the assignee; the assignor is the person giving.
Attachment and committal: Bringing a person before a court, with a threat of imprisonment for failure to obey a court order.
Attachment of earnings: Court order for deduction of salary at source in order to pay, for example, maintenance or a debt.
Attorney General: Legal adviser to the Government, appointed by the President on the advice of the party in power.
Audi alteram partem: (Latin: hear the other side) A principle of natural justice which requires that, where a decision may affect an individual’s rights, that person has a right to be heard. It includes the right to receive notice of a hearing and to be legally represented.

Aggravated assault (UCR)
the unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. See also simple assault.
Alloplastic adaptation
that form of adjustment which results from changes in the environment surrounding an individual.

Anomie
social conditions in which norms are uncertain or lacking.

Antisocial
or Asocial personality refers to individuals who are basically unsocialized and whose behavior pattern brings them repeatedly into conflict with society.

Applied research
scientific inquiry that is designed and carried out with practical application in mind.

Arson
any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, and so on.

Asocial personality
See antisocial personality.

Assault
See aggravated assault or simple assault.

Asset forfeiture
the authorized seizure of money, negotiable instruments, securities, or other things of value. In federal anti-drug laws: the authorization of judicial representatives to seize all moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, and all proceeds traceable to such an exchange.

Atavism
a concept used by Cesare Lombroso to suggest that criminals are physiological throwbacks to earlier stages of human evolution. The term “atavism” is derived from the Latin term atavus, which means “ancestor.”

Audit trail
a sequential record of computer system activities that enables auditors to reconstruct, review, and examine the sequence of states and activities surrounding each event in one or more related transactions from inception to output of final results back to inception.

Autoplastic adaptation
that form of adjustment which results from changes within an individual

B

Bailee: Person who accepts property through a contract of bailment, from the bailor, and who has certain duties of care while the property remains in his possession.
Bailment: Temporary transfer of goods by a bailor to a bailee (for example, for storage), after which the property is either returned to the bailor or disposed of according to the contract of bailment.
Barrister: Specialist in litigation and advocacy who receives instructions from a solicitor. Barristers may not normally deal directly with members of the public.
Beneficiary: Person who receives a gift under a will, or for whose benefit property is held by an executor or trustee.
Bill of exchange: Written, signed instrument requiring the person to whom it is addressed to pay on demand (or on a future date) a fixed amount of money either to the person identified as payee or to anyone presenting the bill of exchange. A cheque is a form of bill of exchange.
Bill of lading: Document used in foreign trade, acknowledging that a company has received goods for transportation. The Bill serves as title to the goods until they have reached their destination.
Breach of contract: Failure or refusal to fulfil a term of a contract. The injured party may bring an action for damages, for enforcement or for cancellation of the agreement.
Burden of proof: A rule of evidence that requires a party to a court action to prove something, otherwise the contrary will be assumed by the court. For example, in criminal trials, the prosecution has the burden of proving the accused guilty beyond a reasonable doubt (because of the presumption of innocence).

Bank fraud
Fraud or embezzlement that occurs within or against financial institutions that are insured or regulated by the U.S. Government. Financial institution fraud may include commercial loan fraud, check fraud, counterfeit negotiable instruments, mortgage fraud, check kiting, and false credit applications.

Behavior theory
an approach to understanding human activity which holds that behavior is determined by consequences it produces for the individual.

Biological theories
of criminology maintain that the basic determinants of human behavior, including criminality, are constitutionally or physiologically based and often inherited.

Born criminals
individuals who are born with a genetic predilection toward criminality.

Bourgeoisie
in Marxian theory, the class of people which owns the means of production.

broken windows thesis
a perspective on crime causation which holds that physical deterioration in an area leads to increased concerns for personal safety among area residents, and to higher crime rates in that area.

Bulletin board system
(BBS) a computer accessible by telephone used like a bulletin board to leave messages and files for other users.

Burglary
I. By the narrowest and oldest definition: the trespassory breaking and entering of the dwelling house of another in the night-time with the intent to commit a felony. II. The unlawful entry of any fixed structure, vehicle or vessel used for regular residence, industry or business, with or without force, with intent to commit a felony or larceny.

Burglary (UCR)
the unlawful entry of a structure to commit a felony or a theft.

 

C

Case law: Published court decisions which establish legal precedents, binding lower courts.
Caveat: (Latin: let him beware.) A formal warning. Caveat emptor (let the buyer beware) is a warning to buyers to check for themselves things which they intend to buy, so they cannot later hold the vendor responsible for the faulty condition of the item. The Sale of Goods and Supply of Services Act 1980 extends the rights of consumers in this area.
Central Criminal Court: The High Court sitting to deal with serious criminal offences, such as rape and murder.
Certiorari: Form of judicial review whereby a court is asked to set aside the decision of an administrative tribunal, judicial officer or public organisation. Certiorari may be used where the decision of the lower tribunal was made in breach of the rules of natural justice. An application for certiorari must normally be made within six months of the decision.
Chambers: Judge’s personal rooms, where he may hear matters in private.
Charge: Form of security for payment of a debt.
Chattels: Moveable items of property which are neither land nor permanently attached to land or a building. (Land or buildings are described as “real property”.) Chattels are also known as personal property (or personalty). A freehold property is not a chattel, but a leasehold is.
Cheque: Form of bill of exchange where the order to pay is given to a bank holding the payor’s funds.
Child: Person under 18.
Circuit Court: Court above the District Court and below the High Court, with power to award damages up to €38,100.
Circuit Judge: Judge of the Circuit Court, addressed as “My Lord” whether male or female.
Class action: Legal action taken by a number of different persons where the facts and the defendants are similar. Class action lawsuits may occur, for example, after a public transport accident or in the case of a faulty drug, where all the victims sue the same defendant.
Clayton’s Case: This English case established a presumption that money withdrawn from an account is presumed to be debited against the money first deposited (first in, first out).
Codicil: Written amendment or addition to an existing will.
Collateral: Property committed to guarantee a loan.
Collusion: Illegal and usually secret agreement between two or more people to deceive a court or defraud another person.
Common law: Judge-made law which has developed over centuries, also referred to as “unwritten” law. Common law (as practised in Ireland, England and the USA) is often contrasted with civil law systems (such as in France or Germany) where laws are set down in a written code.
Company: Legal entity which permits a group of shareholders to create an organization to pursue set objectives. A company may have legal rights which are usually reserved for individuals, such as the power to sue and be sued, own property, hire employees or lend and borrow money. The main advantage of a company structure is that it gives shareholders a right to participate in profits (through dividends) without any personal liability.
Consent order: Court order agreed between both sides.
Consideration: Consideration has been defined as “some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other”. Under common law, any binding contract must have some consideration, no matter how small. The courts will not normally inquire into the sufficiency of the consideration; a “peppercorn rent” would be sufficient.
Consign: To leave property in the custody of another. An item can be consigned to a transport company, for example, to move it from one place to another. The consignee is the person who receives the property and the consignor is the person who ships the property to the consignee.
Construction: Legal process of interpreting a phrase or document. If a term is unclear or ambiguous, lawyers and judges must try and interpret (or construct) its probable intention and purpose. This may be done by referring to other parts of the document, by reference to the known intentions of those who drew up the document, or, in the case of statutes, by referring to an interpretation law which gives guidelines for construction.
Constructive trust: Trust imposed by a court in certain circumstances, regardless of the intention of the parties involved (such as where a trustee has improperly profited from his position).
Contempt: Deliberate disregard of a court order.
Contract: Agreement between two or more persons which obliges each party to do (or refrain from doing) a certain thing. A valid contract requires an offer, acceptance of that offer and consideration.
Contract law: Contract law is the basis of all commercial dealings. The terms of a contract may be express or implied. Express provisions may be varied by statute. Unfair contract terms are now excluded by legislation, and, in areas such as employment and the sale of goods, the law imports a wide range of implied terms into new and existing contracts.
Contributory negligence: Negligence which is not the primary cause of a tort, but which combined with the act or omission of another person to cause the damage. In the case of a car crash, for example, an injured driver who was not wearing a seat belt may be found contributorily negligent for his injuries.
Conversion: Legal proceeding for damages by a property owner against a defendant who found property and converted it to his own use – that is, retained it or otherwise interfered with it.
Conveyance: Written document transferring property from one person to another. Conveyances are usually drafted by solicitors.
Costs: The legal expenses of an action, such as lawyers’ fees, witness expenses and other fees paid out in bringing the matter to court. The rule is generally that “costs follows the event”, which means that the loser normally pays the legal costs of both sides. The judge has the final decision and may decide not to make an order on costs.
Counsel: Barrister(s).
Counterclaim: Respondent’s claim against a plaintiff in the same action.
Covenant: Written document in which signatories either commit themselves to do (or not to do) something, or in which they agree on a certain set of facts. Covenants are very common in leases where a landlord will usually covenant to give the tenant “quiet enjoyment” and the tenant covenants to pay the rent, keep the premises in good repair and deliver them up at the end of the tenancy.
Creditor: Person to whom money, goods or services are owed by a debtor.
Crime: Act or omission forbidden by criminal law. The commission of a crime is punishable by a fine, imprisonment or some other form of punishment. Crimes are divided into minor offences (which may be tried in the District Court) and indictable offences, which are tried by a judge and jury in the Circuit Court or Central Criminal Court.
Cross-examination: In a trial, each side calls its own witnesses and may also question the other side’s witnesses under oath. Examination-in-chief is the questioning of a party’s own witnesses; cross-examination involves questioning the other side’s witnesses. A party may not put leading questions (which suggest the answer, or require a simple yes or no) to his own witness, but he may ask such questions in cross-examination.
Curtilage: Land around a dwelling house, used by the occupants for their enjoyment or work. Curtilage may be enclosed by fencing and includes any outhouses such as sheds, garages or workshops.

capital punishment
the legal imposition of a sentence of death upon a convicted offender. Another term for the death penalty.

Carjacking
the stealing of a car while it is occupied.

Civil law
that body of laws which regulates arrangements between individuals, such as contracts and claims to property.

Classical School
a criminological perspective operative in the late 1700s and early 1800s which had its roots in the Enlightenment, and which held that men and women are rational beings, that crime is the result of the exercise of free will, and that punishment can be effective in reducing the incidence of crime since it negates the pleasure to be derived from crime commission.

Clearance rate
the proportion of reported or discovered crimes within a given offense category which are solved.

Code of Hammurabi
an early set of laws established by the Babylonian King Hammurabi around the year 2000 B.C.

Cohort
a group of individuals sharing certain significant social characteristics in common, such as sex, time, and place of birth.

Cohort analysis
a social scientific technique which studies a population that shares common characteristics, over time. Cohort analysis usually begins at birth and traces the development of cohort members until they reach a certain age.

Common law
a body of unwritten judicial opinion originally based upon customary social practices of Anglo-Saxon society during the Middle Ages.

computer abuse
any incident without color of right associated with computer technology in which a victim suffered or could have suffered loss and/or a perpetrator by intention made or could have made gain.

Computer bulletin board
see bulletin board system (BBS).

Computer crime
any violation of a computer crime statute.

Computer-related crime
any illegal act for which knowledge of computer technology is involved for its investigation, perpetration, or prosecution.

Computer virus
a set of computer instructions that propagates copies or versions of itself into computer programs or data when it is executed.

Conditioning
a psychological principle which holds that the frequency of any behavior can be increased or decreased through reward, punishment, and/or association with other stimuli.

Conduct norms
the shared expectations of a social group relative to personal conduct.

confidentiality
See data confidentiality.

Conflict perspective
an analytical perspective on social organization which holds that conflict is a fundamental aspect of social life itself and can never be fully resolved.

confounding effects
rival explanations, also called competing hypotheses, which are threats to the internal or external validity of any research design.

consensus model
an analytical perspective on social organization which holds that most members of society agree as to what is right and what is wrong, and that the various elements of society work together in unison toward a common and shared vision of the greater good.

Constitutional theories
those which explain criminality by reference to offenders’ body types, inheritance, genetics, and/or external observable physical characteristics.

D

Damages: Financial compensation ordered by a court to offset losses or suffering caused by another person’s action or inaction. Damages are typically awarded in claims for breach of contract, negligence or breach of statutory duty.
De facto: (Latin: in fact) Something which exists in fact, though not necessarily approved by law (de jure). A common law spouse may be referred to as a de facto spouse, although not legally married.
De minimis non curat lex: (Latin: the law does not concern itself with trifles) A common law principle whereby very minor transgressions of the law are disregarded. Under the Consumer Information Act 1978, for example, a description must be false “to a material degree” to constitute an offence.
De novo: (Latin: anew) Used to refer to a trial which begins all over again, as if any previous partial or complete hearing had not occurred. A District Court appeal is heard by the Circuit Court de novo, with the court considering afresh all the law and facts.
Debtor: Person who owes money, goods or services to a creditor. If a court judgment has been registered against the person owing the money, he is known as a judgment debtor.
Deed: Written and signed document which sets out the agreement of the signatories in relation to its contents. Under common law, a deed had to be sealed – marked with an impression in wax. A deed is delivered by handing it to the other person. Usually a deed (or some other written evidence) is required in relation to actions involving land.
Defence: Response to claim by plaintiff.
Defendant: Person, company or organization which defends a civil action taken by a plaintiff and against whom the court is asked to order damages or corrective action to redress some unlawful or improper action alleged by the plaintiff. Also a person charged with a criminal offence.
Delegatus non potest delegare: (Latin: a delegate cannot delegate) A person to whom authority or decision-making power has been delegated by a higher source, cannot delegate that power to someone else, unless the original delegation explicitly authorised it.
Deponent: Person who swears an affidavit or deposition.
Descendant: Persons born of, or from children of, another. Grandchildren are descendants of their grandparents, as children are descendants of their natural parents. The law distinguishes between collateral descendants, such as nephews and nieces, and lineal descendants, such as sons and daughters.
Detinue: Tort involving the defendant’s retention of property belonging to the plaintiff after the plaintiff has demanded its return. The plaintiff may seek damages for the period of possession, even without proving any actual loss.
Devise: Transfer or conveyance of real property by will. The person who receives such property is called the devisee.
Director of Public Prosecutions: Independent official who decides whether to prosecute in criminal cases and in whose name all criminal prosecutions are taken.
Discovery: Sworn disclosure of documents and records. Certain types of document which are “privileged” need not be discovered, but they must be identified to the other side.
Distraint: Seizure of personal property to compel a person to fulfil a legal obligation. Formerly landlords had the power to distrain against the property of a tenant for arrears of rent or other default, but such action is now forbidden in relation to premises let solely as a dwelling. A legal action for the restoration of goods that have been distrained is called replevin.
District Court: Lowest court in the Irish judicial system, with power to award damages up to €6,350 in civil cases.
District Judge: Judge of the District Court, addressed as “Judge”.
Dividend: Proportionate distribution of profits made by a company in the form of a money payment to shareholders. Dividends are declared by the board of directors at the annual general meeting. The shareholders decide the dividend at the meeting, but it must not exceed the directors’ recommendation.
Domicile: A person’s fixed and permanent residence; a place to which, even if he is temporarily absent, he intends to return. Legally, a person may have many residences or several nationalities, but only one domicile.
Dominant tenement: Property or land that benefits from, or has the advantage of, an easement, such as a right of way.
Donatio mortis causa: (Latin: gift due to death) Gift made by a dying person with the intent that the person receiving the gift shall keep it if the donor dies from his existing complaint. Such a gift is excluded from the estate of the deceased, as the property is automatically conveyed on the donor’s death.
Donee: Beneficiary of a trust or person given a power of appointment.
Donor: Person who gives property for the benefit of another, usually through a trust. Sometimes referred to as a “settlor.” Also used to describe the person who signs a power of attorney.
Duces tecum: (Latin: bring with you) Type of subpoena which requires a person to appear before a court with specified documents or other evidence.
Duress: Threats or force preventing – or forcing – a person to act other than in accordance with free will. A contract signed under duress is voidable at the option of the person forced to sign it. Duress may invalidate a marriage.

DNA fingerprinting (or profiling)
the use of biological residue found at the scene of a crime for genetic comparisons in aiding the identification of criminal suspects.

Dangerous drugs
a term used by the Drug Enforcement Administration (DEA) to refer to “broad categories or classes of controlled substances other than cocaine, opiates, and cannabis products.” Amphetamines, methamphetamines, PCP (phencyclidine), LSD, methcathinone, and “designer drugs” are all considered “dangerous drugs.”

Dangerousness
the likelihood that a given individual will later harm society or others. Dangerousness is often measured in terms of recidivism, or as the likelihood of additional crime commission within a five year period following arrest or release from confinement.

Data confidentiality
an ethical requirement of social scientific research which stipulates that research data not be shared outside of the research environment.

Data encryption
the process by which information is encoded, making it unreadable to all but its intended recipients.

Date rape
unlawful forced sexual intercourse with a female against her will which occurs within the context of a dating relationship

Daubert standard
a test of scientific acceptability applicable to the gathering of evidence in criminal cases.

Deconstructionist theories
emerging approaches which challenge existing criminological perspectives to debunk them, and which work toward replacing them with concepts more applicable to the postmodern era. Deconstructionist theories are generally postmodernist approaches, none of which have yet developed fully enough to actually deserve the name “theory.”

Decriminalization
(of drugs) reduces criminal penalties associated with the personal possession of a controlled substance.

defensible space
the range of mechanisms that combine to bring an environment under the control of its residents.

Demography
the study of the characteristics of population groups (demographics
the characteristics of such groups usually expressed in statistical fashion).

Designer drugs
“new substances designed by slightly altering the chemical makeup of other illegal or tightly controlled drugs.”

Descriptive statistics
describe, summarize, or highlight the relationships within data which have been gathered.

Deterrence
the prevention of crime. See also general deterrence and specific deterrence.

Deterrence strategy
a crime control strategy which attempts “to diminish motivation for crime by increasing the perceived certainty, severity, or celerity of penalties.”

Deviance
behavior which violates social norms or which is statistically different from the “average.”

Differential association
the sociological thesis that criminality, like any other form of behavior, is learned through a process of association with others who communicate criminal values.

Discrediting information
information which is inconsistent with the managed impressions being communicated in a given situation.

Displacement
a shift of criminal activity from one spatial location to another.

Domestic terrorism
the unlawful use of force or violence by a group or an individual who is based and operates entirely within the United States and its territories without foreign direction and whose acts are directed at elements of the U.S. government of population.

Dramaturgical perspective (also dramaturgy)
a theoretical point of view which depicts human behavior as centered around the purposeful management of interpersonal impressions.

Drug-defined crimes
violations of laws prohibiting or regulating the possession, use, or distribution of illegal drugs.

Drug-related crimes
crimes in which drugs contribute to the offense (excluding violations of drug laws).

Drug trafficking.
See trafficking.

Durham rules
a standard for judging legal insanity which holds that “an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.”

demographics (the characteristics of population groups) and geographics (the mapped location of such groups relative to one another) and sees the social disorganization which characterizes delinquency areas as a major cause of criminality and victimization.

E

Easement: A right over a neighbour’s land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement, or piece of land . Rights-of-way are the most common easements, but others include the right to tunnel under another’s land, to emit smoke or fumes, to access a dock and to use a well. An easement that is not used for a long time may be lost.
Emolument: Wages, benefits or profits received as compensation for holding office or employment.
Endorsement: Writing on a document. With a bill of exchange, an endorsement is a signature on the back of the bill by which the person to whom the note is payable transfers the right of payment to the bearer or to a specific person. An endorsement may restrict payment to one person only, and prohibit any further endorsements.
Endorsement of claim: Concise summary of the facts supporting a legal claim.
Endowment: Transfer of money or property (usually as a gift) to a charitable organisation for a specific purpose, such as research or a scholarship.
Equity: The law of equity developed to temper the rigid interpretation given by medieval English judges to the common law. For hundreds of years, there were separate courts in Ireland for common law and equity (known as courts of Chancery). Where decisions conflicted, equity prevailed. In 1877, the two systems were merged. The principles of equity, based on fairness, include “equity will not suffer a wrong to be without a remedy” and “equity looks on the intent, rather than the form”.
Estoppel: Rule of evidence which prevents a person from relying on facts when, by deed, word or action, he has led another person to act to his detriment on those facts. Estoppel is a defence, not a cause of action. Anyone who wishes to rely on the defence of estoppel to defend an action must plead it.
Evidence: Testimony of witnesses at a trial, or the production of documents or other materials to prove or disprove a set of facts. Evidence may be direct or circumstantial (that is evidence from which a fact may be presumed). The best evidence available – such as original, rather than copy, documents – must generally be presented to a court.
Ex aequo et bono: (Latin: in justice and fairness) Most legal cases are decided on the strict rule of law. But, where a case is decided ex aequo et bono, the judge may make a decision based on what is just and fair in the circumstances.
Ex parte: (Latin: on the part of) Court application made without notice to the other side. One party is therefore neither present nor represented.
Ex post facto: (Latin: after the fact) Ex post facto legislation retrospectively makes acts illegal which were committed before the law was passed.
Ex turpi causa non oritur actio: (Latin: No action arises from an illegal cause) A person may not sue for damage arising out of an illegal activity. A person may not sue on an illegal contract, because it is void from the time of its creation.
Examination-in-chief: Questioning of witnesses under oath by the party who called those witnesses (also called direct examination). After the examination-in-chief, the other side’s lawyer may question the witnesses in cross-examination. Thereafter, the first party may re-examine them, but only about issues raised during the cross-examination.
Executor: Person appointed by a testator to administer a will. The executor is a personal representative whose duties include burying the dead, proving the will, collecting in the estate, paying any due debts and distributing the balance according to the wishes of the deceased.
Exhibit: Document or object shown to a judge or jury as evidence in a trial. Each exhibit is given a number or letter as it is introduced, for future reference during the trial.
Express trust: Trust specifically created by a settlor, usually in a document such as a will, although it can be oral. An express trust which deals with land must be in writing.
Extradition: The arrest and handover of a person wanted for a crime committed in another country, usually under the terms of a extradition treaty. A person may not be extradited from Ireland for a political offence.

Ectomorph
a body type originally described as thin and fragile, with long, slender, poorly muscled extremities, and delicate bones.

Ego
the reality-testing part of the personality; also referred to as the reality principle. More formally, the personality component that is conscious, most immediately controls behavior, and is most in touch with external reality.

Electroencephalogram (EEG)
electrical measurements of brain wave activity.

Encryption
See Data encryption.

Endomorph
a body type originally described as soft and round, or overweight.

Enlightenment (the)
also known as the Age of Reason. A social movement which arose during the 18th century, and built upon ideas such as empiricism, rationality, free will, humanism, and natural law.

Environmental crimes
violations of the criminal law which, although typically committed by businesses or by business officials, may also be committed by other persons or organizational entities, and which damage some protected or otherwise significant aspect of the natural environment.

Environmental criminology
an emerging perspective which emphasizes the importance of geographic location and architectural features as they are associated with the prevalence of criminal victimization. (Note: as the term has been understood to date, environmental criminology is not the study of environmental crime, but rather a perspective which stresses how crime varies from place to place.)

Environmental scanning
“a systematic effort to identify in an elemental way future developments (trends or events) that could plausibly occur over the time horizon of interest,” and that might impact one’s area of concern.

Ethnic succession
the continuing process whereby one immigrant or ethnic group succeeds another through assumption of a particular position in society.

Eugenics
the study of hereditary improvement by genetic control.

Evolutionary ecology
an approach to understanding crime that draws attention to the ways people develop over the course of their lives.

Experiment
See controlled experiments or quasi-experimental design.

Expert systems
computer hardware and software which attempt to duplicate the decision-making processes used by skilled investigators in the analysis of evidence and in the recognition of patterns which such evidence might represent.
External validity
the ability to generalize research findings to other settings.

 

F

Fee simple: Freehold estate in land, the most extensive tenure allowed under the feudal system. A person who owns a fee simple estate may sell it, convey it by will or it may be transferred to an heir if the owner dies without leaving a will. For a fee simple estate to be conveyed in a will, the proper words of limitation must be used: either “To X in fee simple” or “To X and his heirs”.
Fee tail: Form of tenure that can only be transferred to a lineal descendant. In feudal times, if there were no lineal descendants, the land reverted to the lord on the death of the tenant.
Fiduciary: Person (such as a trustee, company director or executor) who exercises rights and powers for the benefit of another person, but without being under the control of that person. A fiduciary must not allow any conflict of interest to affect his duties and would not normally be allowed to profit from his position.
Fieri facias: (Latin: cause to be made) A writ of fieri facias commands a sheriff to take and auction off property to pay a debt (plus interest and costs) owed by a judgment debtor.
Foreclosure: Forfeiture of a right of redemption on a property (generally when someone fails to pay a mortgage). Even if there has been no payment, the borrower normally retains a equitable right of redemption if he can raise the money to exercise the right. To clear the title of this potential right, a lender can apply to court for a date to be set, by which the entire amount becomes payable. If payment is not made, the property belongs entirely to the lender, who is then free to go into possession or to sell it.
Fraud: Dishonest conduct designed to persuade another person to give something of value by lying, repeating something that is or ought to have been known by the fraudulent party to be false or suspect, or by concealing a relevant fact from the other party. Fraud allows a court to void a contract or to set aside a judgment, and can result in criminal liability. A person who defrauds creditors of a company may be held personally liable.
Freehold: Right to the full use of real property for ever (as opposed to leaseholds or tenancies, which allow possession for a limited time). Varieties of freehold include fee simple, fee tail and life estate.
Freeholder: Person who owns freehold property rights.

Federal interest computers
those that are the property of the federal government, those that belong to financial institutions, or are accessed across state lines without authorization.

Felony
a serious criminal offense; specifically one punishable by death or by incarceration in a prison facility for a year or more.

Felony murder
a special class of criminal homicide whereby an offender may be charged with first-degree murder whenever his or her criminal activity results in another person’s death.

Feminist criminology
a developing intellectual approach which emphasizes gender issues in the subject matter of criminology.

First degree murder
criminal homicide which is planned or involves premeditation.

Focal concerns
the key values of any culture, and especially the key values of a delinquent subculture.

Folkways
are time-honored ways of doing things. While they carry the force of tradition, their violation is unlikely to threaten the survival of the group. See also mores.

Forcible rape
as defined in the UCR Program is the carnal knowledge of a female forcibly and against her will. Assaults or attempts to commit rape by force or threat of force are also included in the UCR definition; however, statutory rape (without force) and other sex offenses are excluded.

Foreign terrorist organization (FTO)
a foreign organization that engages in terrorist activity which threatens the security of U.S. nationals or the national security of the United States and which is so designated by the U.S. secretary of state.

Forensic psychiatry
that branch of psychiatry having to do with the study of crime and criminality.

Forfeiture
See Asset forfeiture.

Frustration-aggression theory
holds that frustration, which is a natural consequence of living, is a root cause of crime. Criminal behavior can be a form of adaptation when it results in stress reduction.

Future criminology
the study of likely futures as they impinge on crime and its control.

Futures research
“a multidisciplinary branch of operations research” whose principle aim “is to facilitate long-range planning based on 1. forecasting from the past supported by mathematical models; 2. cross-disciplinary treatment of its subject matter; 3. systematic use of expert judgment, and; 4. a systems-analytical approach to its problems.”

Futurist
one who studies the future.

G

Garnishee: Person who owes a third party a debt which is attached by court order for the benefit of a judgment creditor.
Goodwill: Intangible business asset based on the good reputation of a business and resulting attraction and confidence of repeat customers and connections. Part of the sale price of a business may be for goodwill, in which case the seller may not solicit former customers for his new business.
Gross negligence: Act or omission in reckless disregard of the consequences for the safety or property of another; more than simple carelessness or neglect. Gross negligence by an employee may justify summary dismissal.
Guarantor: Person who pledges collateral for another’s contract.

General deterrence
a goal of criminal sentencing which seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced.

General theory
one which attempts to explain all (or at least most) forms of criminal conduct through a single, overarching approach.

guilty but mentally ill (GBMI)
a finding that an offender is guilty of the criminal offense with which they are charged but, because of their prevailing mental condition, they are generally sent to psychiatric hospitals for treatment rather than to prison. Once they have been declared “cured,” however, such offenders can be transferred to correctional facilities to serve out their sentences.

 

H

Hearsay: Evidence of which a witness does not have direct knowledge from his own senses but which is based on what others have said. Hearsay evidence is normally only admissible in court proceedings to show that a statement was made, not to prove the truth of the contents of the statement.
High Court: Court above the Circuit Court with full jurisdiction to decide all matters of law and fact. High Court judges – male and female – are normally addressed as “My Lord”.

Habitual offender statutes
laws intended to keep repeat criminal offenders behind bars. These laws sometimes come under the rubric of “three strikes and you’re out.”

Hacker
a person who views and uses computers as objects for exploration and exploitation.

hedonistic calculus or utilitarianism
the belief, first proposed by Jeremy Bentham, that behavior holds value to any individual undertaking it according to the amount of pleasure or pain that it can be expected to produce for that person.

Heroin signature program
a DEA program that identifies the geographic source area of a heroin sample through the detection of specific chemical characteristics in the sample peculiar to the source area.

Homicide.
See Criminal homicide.

Hypoglycemia
a condition characterized by low blood sugar.

Hypothesis
1. [a]n explanation that accounts for a set of facts and that can be tested by further investigation… , 2. [s]something that is taken to be true for the purpose of argument or investigation.

I

In pari delicto: (Latin: equally at fault) If two parties are equally to blame for a situation (such as both failing to comply with the terms of a contract), a court could refuse to provide a remedy to either of them because they are in pari delicto.
In personam: (Latin: against the person) All legal rights are either in personam or in rem. An in personam right attaches to a particular person.
In rem: (Latin: against the thing) In rem rights relate to property and are not based on any personal relationship.
Incorporeal: Intangible legal rights, such as copyrights or patents.
Incorporeal hereditament: Intangible property rights which may be inherited, such as easements and profits à prendre.
Injunction: Court order that forbids a party to do something (prohibitory injunction) or compels him to do something (mandatory injunction). It may be enforced by committal to prison for contempt.
Insolvent: Person not able to pay his debts as they become due. Insolvency is a prerequisite for bankruptcy.
Inter alia: (Latin: among other things) Used to precede a list of examples covered by a more general descriptive statement.
Interim order: Temporary court order of very limited duration, usually until the court has heard the full facts of a case.
Interlineation: Addition to a document after it has been signed. Such additions are disregarded unless they are initialled by the signatories and, if necessary, witnessed.
Interlocutory injunction: An injunction which lasts only until the end of the trial during which the order was sought, when it may be replaced by a permanent injunction.
Inter partes: Latin: between the parties.
Inter vivos: (Latin: between living persons) An inter vivos trust is set up to take effect while the settlor is still alive (as opposed to a testamentary trust, which takes effect only on the settlor’s death).
Intestate: Person who dies without making a valid will.
Invitation to treat: An offer to receive an offer. Goods advertised by a shopkeeper are open to offers from customers. If goods are mistakenly marked with the wrong price, the retailer is not bound to accept that price because he has not offered the goods at that price: he has invited members of the public to make him an offer which he is entitled to accept or reject. A retailer who deliberately or consistently misprices goods, however, may be commiting an offence under the Consumer Information Act.
IOU: A written confirmation of a debt, signed by the debtor, which implies an undertaking to pay the sum owed at some future date. An IOU is not a negotiable instrument and may not be passed on to a third party.

Id
the aspect of the personality from which drives, wishes, urges, and desires emanate. More formally, the division of the psyche associated with instinctual impulses and demands for immediate satisfaction of primitive needs.

Illegitimate opportunity structures
subcultural pathways to success which are disapproved of by the wider society.

Impression management
the intentional enactment of practiced behavior which is intended to convey to others one’s desirable personal characteristics and social qualities.

Incapacitation
the use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses.

Individual rights advocates
those who seek to protect personal freedoms in the face of criminal prosecution.

infrastructure
The basic facilities, services, and installations needed for the functioning of a community or society, such as transportation and communications systems, water and power lines, and public institutions including schools, post offices, and prisons.

Inferential statistics
specify how likely findings are to be true for other populations, or in other locales.

informed consent
an ethical requirement of social scientific research which specifies that research subjects will be informed as to the nature of the research about to be conducted, their anticipated role in it, and the uses to which the data they provide will be put.

Insanity (law)
a legally established inability to understand right from wrong, or to conform one’s behavior to the requirements of the law.

Insanity (psychological)
persistent mental disorder or derangement.

Insider trading
equity trading based on confidential information about important events that may affect the price of the issue being traded.

Integrated theory
an explanatory perspective that merges (or attempts to merge) concepts drawn from different sources.

Interactionist perspectives
See social process theories.

Interdiction
an international drug control policy which aims to stop drugs from entering the country illegally.

internal validity
the certainty that experimental interventions did indeed cause the changes observed in the study group; also the control over confounding factors which tend to invalidate the results of an experiment.

international terrorism
The unlawful use of force or violence by a group or an individual who has some connection to a foreign power or whose activities transcend national boundaries, against people or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

Internet
the world’s largest computer network.

Intersubjectivity
a scientific principle which requires that independent observers see the same thing under the same circumstances for observations to be regarded as valid.

irresistible impulse test
a standard for judging legal insanity which holds that a defendant is not guilty of a criminal offense if the person, by virtue of their mental state or psychological condition, was not able to resist committing the action in question.

J

Joint and several liability: Liability of more than one person, under which each may be sued for the entire amount of damages due by all. The obligation may arise by agreement or may be imposed by law.
Joint tenancy: Ownership of property by two or more people with a right of survivorship. If one owner dies, his share passes to the surviving owners so that, eventually, the entire property is held by one person. A valid joint tenancy requires the four unities: unity of interest (each joint tenant must have an identical interest, including equality of duration and extent), unity of title (the interests must arise from the same document), unity of possession (each joint tenant must have an equal right to occupy the entire property) and unity of time (the interests must have arisen at the same time). Married couples and trustees are frequently joint tenants. (Contrast with tenancy-in-common.)
Judicial review: Proceedings in which a court is asked to rule on a decision of an administrative body or quasi-judicial tribunal. Judicial review is not usually limited to errors in law but may be based on alleged errors on findings of fact or unfair procedures. Judicial review proceedings may not be brought in the area of private law where the disputed decision is a matter of contract or agreement between two sides.
Junior counsel: Barrister who has not “taken silk” or been called to the Inner Bar.
Jurisdiction: Power of a judge or court to act, limited by a defined territory (the jurisdiction of the District Court is restricted to offences committed in that district), by the type of case (the jurisdiction of a criminal court is limited to criminal cases) or to certain persons (a court martial only has jurisdiction over military personnel).

Juke family
a well-known “criminal family” studied by Richard L. Dugdale.

Just deserts
the notion that criminal offenders deserve the punishment they receive at the hands of the law, and that punishment should be appropriate to the type and severity of crime committed.

K

Kin: Relationship by blood.
King’s Inns: The body responsible for the training of all barristers in Ireland.
Knock-for-knock: An arrangement between insurance companies whereby each company pays the claim of its own insured, on the basis that neither party will pursue a claim against the other.

L

Laches: Doctrine whereby those who delay too long in asserting an equitable right lose their entitlement to bring an action.
Landlord: Owner of a building or land who leases the land, building or part thereof, to another person, who is called the tenant or lessee.
Lay litigant: Non-lawyer who brings a legal action without the assistance of a barrister or solicitor.
Lease: Contract between a property owner and another person for temporary use of property, in exchange for rent.
Legal Aid: Government scheme providing advice or assistance from a solicitor or barrister free or at a reduced rate.
Legal professional privilege: Confidential communications between a lawyer and client may not be revealed in court unless the client, expressly or impliedly, waives the privilege. The communications must relate to court proceedings or intended litigation.
Liability: Any legal obligation or duty, now or in the future. A person who is liable for a debt or wrongful act is the person responsible for paying the debt or compensating for the wrongful act. If a court finds a person to be contributorily liable, he will bear part of the responsibility for the act or omission.
Licence: Permission to do something on or with someone else’s property which, if it were not for the licence, could be legally prevented or could give rise to an action in tort or trespass. A common example is allowing a person to cross the licensor’s lands, which would otherwise constitute trespass. Licences, unlike easements, may be revoked at will, unless supported by some form of payment or consideration. Licences which are not based on a contract and which are fully revocable are called simple or bare licences.
Lien: Right to hold property which has been sold, but not finally paid for. It may involve possession of the object until the debt is paid or the lien may be registered against the object (especially land). Ultimately, a lien can be enforced by a court sale of the property to which it is attached, and the debt is paid out of the proceeds of sale.
Life estate: Right of a tenant to use land during his lifetime. The estate reverts to the grantor (or some other person) on the death of the life tenant. A property right which lasts until the life tenant dies is called an estate pur sa vie (French: for his life). If it is for the duration of the life of a third party, it is called an estate pur autre vie (French: for another’s life). The life tenant is not allowed permanently to change the land or structures on it.
Life tenant: Beneficiary of a life estate.
Lineal descendant: Direct descendant (for example, the child of his natural parent).
Limitation of actions: The Statute of Limitations sets down times within which proceedings must be brought. If no action is taken within the prescribed time limits, any future action is said to be statute-barred. In negligence claims, where there is no personal injury, the limit is six years. Where there is personal injury, the limit is three years. In a fatal injury case, it’s three years from the date of death. In a claim involving breach of a simple contract (not under seal), the limit is six years. With personal injury arising from breach of contract, it’s three years (or three years from the date of death). With a specialty contract (under seal), the period’s 12 years, as it is for actions involving land. The maximum period for recovery of arrears of tax or rent is six years.
Liquidation: Sale of all the assets of a company or partnership by a liquidator and use of the proceeds to pay off creditors. Any money left over is distributed among shareholders or partners according to their interests or rights.
Lis pendens: (Latin: pending action) Registration of a pending action against the owner of land. It does not bind any subsequent purchaser of the land until a memorandum is registered in court.
Locus standi: (Latin: place of standing) Person’s right to take an action or be heard by a court.

Labeling
an interactionist perspective which sees continued crime as a consequence of limited opportunities for acceptable behavior which follow from the negative responses of society to those defined as offenders.

Larceny
the unlawful taking or attempted taking of property other than a motor vehicle from the possession of another, by stealth, without force and without deceit, with intent to permanently deprive the owner of the property.

Larceny-theft (UCR)
the unlawful taking, carrying, leading, or riding away by stealth of property, other than a motor vehicle, from the possession or constructive possession of another, including attempts.

Law and order advocates
those who suggest that, under certain circumstances involving criminal threats to public safety, the interests of society should take precedence over individual rights.

LEAA
an acronym for the Law Enforcement Assistance Administration, which was established under Title I of the Omnibus Crime Control and Safe Streets Act of 1967.

learning theory
the general notion that crime is an acquired form of behavior.

Legalization
(of drugs) eliminates the laws and associated criminal penalties that prohibit the production, sale, distribution, and possession of a controlled substance.

life course theories
explanations for criminality that recognize that criminogenic influences have their greatest impact during the early stages of life, and which hold that experiences which children have shape them for the rest of their lives.

Life-style theory
See routine activities theory.

M

Mandamus: (Latin: we command) High Court order commanding an individual, organisation, administrative tribunal or court to perform a certain action – usually to correct an earlier illegal action or failure to fulfil some statutory duty.
Mediation: Form of alternative dispute resolution involving an agreed mediator acting as a facilitator to help the parties negotiate an agreement. The mediator does not adjudicate on the issues or force a compromise; only the parties involved can resolve the dispute. The result of a successful mediation is called a settlement.
Mens rea: (Latin: guilty mind) Most crimes require proof of guilty intention before a person can be convicted. The prosecution must prove either that the accused knew his action was illegal or that he was reckless or grossly negligent. Some offences (such as drunken driving) are matters of strict liability, which means that the intention or state of mind of the person committing the offence is irrelevant.
Minor: Person under the age of 18 who is not married (or has not been married). A minor may only enter into certain contracts, such as those for necessaries or an apprenticeship. A Irish resident under the age of 18 may not legally marry without the permission of the Court, even if the ceremony takes place in a place (such as Northern Ireland) where the minimum age for marriage is under 18.
Misfeasance: Improperly doing something which a person has a legal right to do. Contrast with nonfeasance.
Misjoinder: When a person has been wrongly named as a party to a law suit, a court will usually amend the proceedings to strike out the name of the misjoined party and substitute the person who should have been joined.
Misrepresentation: False material statement which induces a party to enter into a contract; grounds for rescission of the contract.
Mitigation: Facts which, while not negating an offence or wrongful action, tend to show that the defendant may have had some excuse for acting the way he did. For example, provocation may constitute mitigating circumstances in an assault action.
Mitigation of damages: A person who sues another for damages has a duty to minimize his loss, as far as reasonable. For example, in a wrongful dismissal suit, the person who was fired should make some effort to find another job, to minimize the economic damage to himself.
Moiety: Half of anything. For example, joint tenants each hold a moiety of the property.
Mortgage: An interest given on land, in writing, to guarantee the payment of a debt or the execution of some action. It automatically becomes void when the debt is paid or the action is executed. The person lending the money and receiving the mortgage is called the mortgagee; the person who concedes a mortgage as security upon his property is called a mortgagor. The three types of mortgage are a legal mortgage (involving a transfer of the legal interest in the property), an equitable mortgage (by depositing the title deeds) and a judgment mortgage (following a court judgment).

McNaughten rule
a standard for judging legal insanity which requires that either an offender did not know what he or she were doing, or that, if he or she did, that he or she did not know it was wrong.

Mafia
See Cosa Nostra.

Mala in se
acts which are thought to be wrong in and of them.

Mala prohibita
acts which are wrong only because society says they are.

Marxist criminology
See radical criminology.

Mass murder
the illegal killing of four or more victims at one location, within one event.

Mesomorph
a body type described as athletic and muscular.

Meta-analysis
a study of other studies about a particular topic of interest.

Misdemeanor
a criminal offense which is less serious than a felony. One punishable by incarceration, usually in a local confinement facility, typically for a year or less.

Money laundering
the process of converting illegally earned assets, originating as cash, to one or more alternative forms to conceal such incriminating factors as illegal origin and true ownership.

Monozyotic (or MZ)
twins, as opposed to dizygotic (or DZ) twins, develop from the same egg, and carry virtually the same genetic material.

Moral enterprise
a term which encompasses all the efforts a particular interest group makes to have its sense of propriety enacted into law.

Mores
are behavioral proscriptions covering potentially serious violations of a group’s values, and would probably include strictures against murder, rape, and robbery. See also folkways.

Motor vehicle theft (UCR)
the theft or attempted theft of a motor vehicle. This offense category includes the stealing of automobiles, trucks, buses, motorcycles, motor scooters, snowmobiles, and so on.

N

Natural justice: The requirement for application of the tenets audi alteram partem (hear the other side) and nemo judex in causa sua (no-one may be a judge in his own case). The principles of natural justice were derived from the Romans, who believed that some legal principles were natural or self-evident and did not need a statutory basis.
Natural person: Human being with legal and Constitutional rights and duties, including the right to life, right to information, right to travel, right to a good name, right to earn a living, right to sue and be sued, to sign contracts, to receive gifts and to appear in court either by himself or through a lawyer. Individuals are persons in law unless they are minors or under some other type of incapacity, such as a court finding of mental incapacity. Contrast with a company, which is a legal person.
Negligence: Carelessness. A person who owes a duty of care to someone else and breaches it by lack of reasonable care may be liable in damages for negligence. The negligence may involve a positive deed or a failure to act. If no damage results, there can be no action. The standard of care required is usually that of the reasonable man, but a person who claims to have special skills (such as a surgeon) owes a higher duty of care.
Nemo judex in sua causa: (Latin: nobody may be a judge in his own case) Principle of natural justice. A judge must be seen to be free of bias and may not have any interest – personal, pecuniary or otherwise – in a case he is deciding. Also referred to as nemo debet esse judex in propria causa.
Next of kin: Person’s nearest blood relation. The expression has come to describe those persons most closely related to a dead person and therefore due to inherit his property if there is no will.
Non est factum: (Latin: not his deed) Defence in contract law which allows a person to avoid liability because he was mistaken about the nature of the contract. For example, a person who signs away the deed to a house, thinking that the document was only a guarantee for a debt, might be able to plead non est factum. Failure to read the terms of a contract will negate this defence.
Nonfeasance: Not doing something that one is bound to do by law. Compare with misfeasance.
Non-joinder: If a person who should have been a party to legal proceedings has been omitted, the court may amend the pleadings to include the non-joined party.
Novation: Substitution of a new contractual debt for an old debt by agreement between the debtor, the creditor and a third party who takes on responsibility for the original debt.
Nudum pactum: (Latin: an empty agreement) An agreement without consideration, such as a unilateral undertaking, which may bind a person morally, but not under contract law, unless the agreement is under seal.
Nuisance: Substantial unlawful use of one’s property or interference with another’s property to the extent of unreasonable annoyance or inconvenience to a neighbour or to the public. Private nuisance might be caused by smells, noise, smoke, dust, fumes, vermin, obstruction or a wide range of other activities or inactivity. The remedies would include abatement (an order to cease the nuisance), damages and/or an injunction.

National Crime Victimization Survey (NCVS)
conducted annually by the Bureau of Justice Statistics (BJS) and provides data on surveyed households which report they were affected by crime.

Natural law
the philosophical perspective that certain immutable laws are fundamental to human nature and can be readily ascertained through reason. Man-made laws, in contrast, are said to derive from human experience and history–both of which are subject to continual change.

Natural rights
the rights which, according to natural law theorists, individuals retain in the face of government action and interests.

Negligent homicide (UCR)
in Uniform Crime Reports terminology, causing death of another by recklessness or gross negligence.

Neoclassical criminology
a contemporary version of Classical criminology which emphasizes deterrence and retribution with reduced emphasis on rehabilitation.

Neurosis
functional disorders of the mind or of the emotions involving anxiety, phobia, or other abnormal behavior.

NIBRS
the National Incident-Based Reporting System, a new form of the UCR that will collect data on each single incident and arrest within twenty-two crime categories.

Nurturant strategy
a crime control strategy which attempts “to forestall development of criminality by improving early life experiences and channeling child and adolescent development” into desirable directions.

O

Obiter dicta: (Latin: sayings by the way) Observations by a judge on law or facts not specifically before the court or not necessary to decide an issue. An opinion which does not form part of the judgment for the purposes of stare decisis. Such opinions are not binding in future cases.
Offer: Definite proposal to contract which, if accepted, completes the contract and binds both the person that made the offer and the person accepting the offer to the terms of the contract. The offer may be express or implied. The person making the offer is called the offeror, and the person to whom the offer is made is the offeree.
Order: Formal written direction by a judge. Once a final order is made, it may only be amended if there has been an accidental slip in the judgment.
Out-of-court settlement: Agreement between two litigants to settle a matter privately before a court has heard the matter or given its decision. Most personal injuries cases settle before reaching court.

Occupational crime
any act punishable by law which is committed through opportunity created in the course of an occupation that is legal.

Offense
(1) a violation of the criminal law, or, in some jurisdictions, (2) a minor crime, such as jaywalking, sometimes described as “ticketable.”

OJJDP
the Office of Juvenile Justice and Delinquency Prevention.

Omerta
the informal, unwritten code of organized crime which demands silence and loyalty, among other things, of family members.

Operant behavior
behavior which affects the environment in such a way as to produce responses or further behavioral cues.

Operationalization
the process by which concepts is made measurable.

opportunity structure
a path to success. Opportunity structures may be of two types: legitimate and illegitimate.

Organized crime
the unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including but not limited to gambling, prostitution, loansharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations.

P

Pari passu: (Latin: with equal step) Often used in bankruptcy proceedings where creditors are said to rank pari passu, which means the assets are distributed without preference between them.
Partition: Division of jointly-owned land or property between the respective owners.
Partnership: Two or more persons carrying on a business together. Partners are each fully liable for all the debts of the enterprise but they also share the profits exclusively. Their rights are regulated by their partnership agreement.
Patent: Exclusive privilege granted to an inventor to make, use or sell an invention for a period of years. A renewal fee must be paid every year.
Payee: Person to whom a bill of exchange is made payable. On an ordinary cheque, the name preceded by the words “pay to the order of” identifies the payee.
Payor: Person who makes a payment on a cheque or bill of exchange.
Pendente lite: (Latin: during litigation) If the validity of a will is challenged, a court may appoint an administrator pendente lite with limited powers to preserve the assets of the deceased until a hearing on the validity of the will.
Per quod servitium amisit: (Latin: by which he lost the service) Action for damages by an employer for the loss of services of an injured employee, against the person responsible for the injury.
Per stirpes: (Latin: by stocks) Inheriting per stirpes means the division of a deceased’s estate among his descendants, with the children of a deceased son or daughter dividing their parent’s share equally among themselves.
Perjury: Deliberate lie under oath or in a sworn affidavit.
Perpetuity: Forever, of unlimited duration. The law is biased against things that are to last in perpetuity because they may hinder commerce by impeding the circulation of property. The rule against perpetuities says that a limitation of any interest in land is void if it can vest outside the perpetuity period, which is a life plus 21 years. For example, if a will proposes the transfer of an estate at some uncertain future date, which is either more than 21 years after the death of the testator or more than 21 years after the life of a person identified in the will, the transfer is void.
Personal representative: Person who administers the estate of a deceased person. Where a person dies without a will, the court appoints an administrator. A personal representative named in a will is called an executor.
Petition: Formal, written submission to court, seeking redress of an injustice. Petitions set out the facts, identify the law under which the court is being asked to intervene, and end with a requested course of action for the court to consider (such as payment of damages). Petitions are normally used to institute proceedings in the areas of bankruptcy, patents, professional disciplinary bodies and family law matters.
Picket: Peaceful public demonstration, on or near an employer’s premises, in furtherance of an existing or proposed trade dispute. Picketers may not threaten, insult or abuse other workers.
Plaintiff: Person who brings a case to court. (Also called the petitioner or applicant.) The person being sued is generally called the defendant or respondent.
Pleadings: Written allegations or claims delivered by one claimant to another which formally set out the facts and legal arguments supporting his position. High Court pleadings might include an originating summons, statement of claim, defence, counterclaim and reply – or a petition and answer.
Power of attorney: Document under seal which gives a person the right to make binding decisions for another, as an agent. A power of attorney may be specific to a certain kind of decision or general, in which the agent makes all major decisions for the subject of the power of attorney.
Precatory words: Words that express a wish, hope or desire rather than a clear command. Precatory words in trusts or wills can cause problems when the courts have to decide the real intention of the settlor or testator. If a gift is given, with the addition of precatory words, the courts tend to construe the words as expressing the reason for the gift, rather than a restriction on its use or the establishment of a trust.
Precedent: Court judgment which is cited as an authority in a later case involving similar facts. Precedent cannot bind a higher court (for example, a Circuit Court decision cannot bind a High Court judge). A Supreme Court judgment binds all courts – although it does not bind the Supreme Court itself in future cases. The system of precedent forms the basis of the policy of stare decisis which helps litigants to predict the outcome of a case in a given situation.
Preference shares: Shares in a company that have some kind of special right or privilege over other shares. The most common special right is a preference over holders of ordinary shares when dividends are declared. Dividends on preference shares are presumed to be cumulative, in the absence of any agreement to the contrary, so unpaid dividends are payable before any ordinary dividends.
Prescription: Way of acquiring property rights, such as an easement, by long and continued use or enjoyment. The required period of continued use or enjoyment, before legal rights are enforceable, is set out in the 1832 Prescription Act.
Prima facie: (Latin: at first sight) A prima facie case is one which, at first sight, seems to support the allegation or claim made. If a prima facie case is not made out in the early stages of proceedings, the other side may apply to the court to dismiss the action without hearing the rest of the evidence.
Principal: Person from whom an agent has received instructions and for whose benefit the agent acts and makes decisions. The principal has a duty to pay the agent any agreed sum or commission, and to indemnify him against any losses in the course of his agency.
Private law: Domestic law which regulates the relationships between individuals and in which the State is not directly concerned. Family, commercial and labour law are examples of private law because their focus is the relationships between individuals or between corporations or organisations and individuals.
Privilege: Special legal right such as a benefit, exemption, power or immunity. One example is the right of the media to publish contemporaneous reports of court proceedings without fear of an action for defamation, even if the matters published would ordinarily constitute libel.
Pro rata: (Latin: in proportion) Division proportionate to a certain rate or interest. For example, if a company with two shareholders, one with 25% and the other with 75% of the shares, declared a dividend of €1,000 to be split pro rata between the shareholders, the one with 25% of the shares would receive €250 and the other €750.
Pro tempore (pro tem): (Latin: for the time) Temporary or for the time being.
Probate law: That part of the law which regulates wills and other subjects related to the distribution of a deceased person’s estate.
Profit à prendre: (French: profit to be taken) Right which allows the holder to enter the land of another and to take some natural produce, such as fish, game, timber, sand, crops or pasture.
Prohibition: Legal restriction on the use of something or on certain conduct.
Promissory note: Unconditional, written and signed promise to pay a certain amount of money on demand or at a certain defined date in the future. Unlike a bill of exchange, a promissory note is a promise – rather than an order – to pay.
Property: Property is commonly thought of as something which belongs to a person and over which he has total control. But it is more correctly defined as a collection of legal rights over a thing. These rights are usually enforceable by the owner or the State against others. The most common classifications of property are between real or immovable property (such as land or buildings) and chattels or personal property (such as stock or a leasehold), and between public property (belonging to everybody or to the State) and private property.
Prospectus: Document or notice in which a company sets out details of a proposed share or bond issue, inviting the public to invest by purchasing the financial instruments. It must specify the nominal capital of the company, the names, addresses and descriptions of the directors, when the subscription lists open, the amount payable on application and on allotment of shares, and the rights in respect of different classes of share.
Proxy: Agent who votes on behalf of another. Any shareholder who is entitled to vote at a meeting of a company is entitled to appoint a proxy to vote in his place. The member may direct the proxy which way to vote.
Punitive damages: Special, exceptional damages ordered by a court where an act or omission was of a particularly serious, extensive or malicious nature. (Normally damages are awarded to compensate, not to punish.) Also known as exemplary damages.

Panopticon
a prison designed by Jeremy Bentham which was to be a circular building with cells along the circumference, each clearly visible from a central location staffed by guards.

Paradigm
an example, model, or theory.

Paranoid schizophrenics
schizophrenic individuals who suffer from delusions and hallucinations.

part I offenses
that group of offenses, also called “major offenses” or “index offenses,” for which the UCR publishes counts of reported instances, and which consist of murder, rape, robbery, aggravated assault, burglary, larceny, auto theft, and arson.

Participant observation
a variety of strategies in data gathering in which the researcher observes a group by participating, to varying degrees, in the activities of the group.

Participatory justice
a relatively informal type of criminal justice case processing which makes use of local community resources rather than requiring traditional forms of official intervention.

Peace model
an approach to crime control which focuses on effective ways for developing a shared consensus on critical issues which have the potential to seriously affect the quality of life.

Peacemaking criminology
a perspective which holds that crime-control agencies and the citizens they serve should work together to alleviate social problems and human suffering and thus reduce crime.

Penal couple
a term which describes the relationship between victim and criminal. Also, the two individuals most involved in the criminal act–the offender and the victim.

Pharmaceutical diversion
the process by which legitimately-manufactured controlled substances is diverted for illicit use.

Phenomenological criminology
the study of crime as a social phenomenon that is created through a process of social interaction.

Phenomenology
the study of the contents of human consciousness without regard to external conventions nor prior assumptions.

Phrenology
the study of the shape of the head to determine anatomical correlates of human behavior.

Phone phreak
a person who uses switched, dialed-access telephone services as objects for exploration and exploitation.

Piracy
See software piracy.

pluralistic perspective
an analytical approach to social organization which holds that a multiplicity of values and beliefs exist in any complex society, but that most social actors agree on the usefulness of law as a formal means of dispute resolution.

Positivism
the application of scientific techniques to the study of crime and criminals.

Post-crime victimization or secondary victimization
refers to problems in living which tend to follow from initial victimization.

Postmodern criminology
a brand of criminology which developed following World War II, and which builds upon the tenants inherent in postmodern social thought.

power-control theory
a perspective which holds that the distribution of crime and delinquency within society is to some degree founded upon the consequences which power relationships within the wider society hold for domestic settings, and for the everyday relationships between men, women, and children within the context of family life.

Primary deviance
initial deviance often undertaken to deal with transient problems in living.

Primary research
research characterized by original and direct investigation.

Proletariat
in Marxian theory, the working class.

Protection/avoidance strategy
a crime control strategy which attempts to reduce criminal opportunities by changing people’s routine activities, increasing guardianship, or by incapacitating convicted offenders.

Psychiatric criminology
See forensic psychiatry.

Psychiatric theories
those derived from the medical sciences, including neurology, and which, like other psychological theories, focus on the individual as the unit of analysis.

Psychoactive substances
those which affect the mind, mental processes, or emotions.

psychoanalysis
the theory of human psychology founded by Freud on the concepts of the unconscious, resistance, repression, sexuality, and the Oedipus complex.

Psychoanalytic criminology
is a psychiatric approach developed by the Austrian psychiatrist Sigmund Freud which emphasizes the role of personality in human behavior, and which sees deviant behavior as the result of dysfunctional personalities.

Psychological profiling
the attempt to categorize, understand, and predict, the behavior of certain types of offenders based upon behavioral clues they provide.

Psychological theories
those derived from the behavioral sciences and which focus on the individual as the unit of analysis. Psychological theories place the locus of crime causation within the personality of the individual offender.

Psychopath or sociopath
a person with a personality disorder, especially one manifested in aggressively antisocial behavior, which is often said to be the result of a poorly developed superego.

Psychopathology
the study of pathological mental conditions, that is, mental illness.

Psychosis
a form of mental illness in which sufferers are said to be out of touch with reality.

Psychotherapy
a form of psychiatric treatment based upon psychoanalytical principles and techniques.

Public policy
a course of action that government takes in an effort to solve a problem or to achieve an end.

Punishment
undesirable behavioral consequences likely to decrease the frequency of occurrence of that behavior.

Pure research
research undertaken simply for the sake of advancing scientific knowledge.

Q

Quantum: Latin: amount or extent.
Quantum meruit: (Latin: as much as he has deserved) Principle stating that a person should not be obliged to pay (nor another allowed to receive) more than the value of the goods or services provided.
Quid pro quo: (Latin: something for something) Giving something in exchange for something else. As consideration, it is an essential ingredient of a valid contract.
Quo warranto: (Latin: by what authority) Judicial review procedure questioning the authority of a person or organisation.
Quorum: (Latin: of whom) Minimum number of people necessarily present at a meeting for business to be validly conducted. Without a quorum, decisions are invalid.

Qualitative methods
research techniques which produce results which are difficult to quantify.

Quantitative methods
research techniques which produce measurable results.

Quasi-experimental
designs approaches to research which, although less powerful than experimental designs, are deemed worthy of use where better designs are not feasible.

R

Real property: Immovable property such as land, buildings or an object that, though at one time a chattel, has become permanently affixed to land or a building.
Rebuttable presumption: Presumed fact based on the proof of other facts. Most presumptions are rebuttable, which means that the person against whom the presumption applies may present evidence to the contrary, thus nullifying the presumption. If a person has not been heard of for seven years by people who should have seen him, he may be presumed dead – but this presumption is rebutted if he turns up!
Redemption: Repayment of a mortgage, so the equitable estate of the lender and the legal estate of the borrower merge in the mortgagor.
Rent: Money or other consideration paid by a tenant to a landlord in exchange for the exclusive possession and use of land, buildings or part of a building. Under normal circumstances, rent is paid at regular agreed intervals, but it may be paid in kind or by the provision of services. A peppercorn rent is a nominal sum (perhaps a penny a year) as an acknowledgement of the tenancy.
Replevin: Legal action to recover goods which have been distrained. The applicant must give an undertaking to keep the goods safe, to continue with his court action and to return the goods if ordered to do so.
Res ipsa loquitur: (Latin: the thing speaks for itself) Situation where negligence is presumed against the defendant since the object causing injury was under his control. This is a presumption which can be rebutted by showing that the accident was inevitable and had nothing to do with the defendant’s control or supervision. An example of res ipsa loquitur might be where a motorist hits a stray cow. The event itself imputes negligence by the farmer and that presumption may only be defeated if the defendant proves that the land was properly fenced.
Rescission: Abrogation or cancellation of a contract, putting the parties in the same position they would have been in, had there been no contract. Rescission can occur because of some defect in the formation of the contract (such as misrepresentation, duress or undue influence) or by agreement of the parties – for example where they reach a new agreement.
Reserved costs: Apportionment of payment of legal fees to be decided at a later stage.
Reserved judgment: Decision to be given at a later date.
Residence: Place where someone usually – but not necessarily permanently – lives.
Respondent: Person against whom a summons is issued, or a petition or appeal brought.
Restitutio in integrum: (Latin: restoration to the original position) In a breach of contract case, the injured party may ask the court to restore the parties to the positions they were in before the contract was signed. But if the court finds that restitutio in integrum is not possible because of subsequent actions or events, it may order payment of damages instead.
Resulting trust: Trust which comes into being when an express trust fails. It is similar to a constructive trust but the court will presume an intention to create a trust. The court will assume that the possessor of property is only holding it in trust for the rightful owner. (In constructive trusts, the courts do not presume any intention to create a trust.)
Reversion: Future interest in property retained by a transferor or his heirs (for example, the interest left when the owner of a fee simple grants a life estate in the property).
Riparian rights: Rights of owners of land on a river bank. Riparian rights include the right of access to, and use of, the water for domestic purposes (bathing, cleaning and navigating). The owner of the rights may take action to prevent damming, diversion or pollution of the water.

Radical criminology
a perspective which holds that the causes of crime are rooted in social conditions which empower the wealthy and the politically well organized, but disenfranchise those less fortunate. Also called Marxist or critical criminology.

Randomization
the process whereby individuals are assigned to study groups without biases or differences resulting from selection.

Rape (NCVS)
carnal knowledge through the use of force or the threat of force, including attempts. Statutory rape (without force) is excluded. Both heterosexual and homosexual rape are included.

Rape (UCR).
See Forcible rape.

Rational choice theory
a perspective which holds that criminality is the result of conscious choice, and which predicts that individuals choose to commit crime when the benefits outweigh the costs of disobeying the law.

Reaction formation
the process in which a person openly rejects that which he or she wants, or aspires to, but cannot obtain or achieve.

Realist criminology
an emerging perspective which insists upon a pragmatic assessment of crime and associated problems.

Recidivism
the repetition of criminal behavior.

Recidivism rate
the percentage of convicted offenders who have been released from prison and who are later rearrested for a new crime, generally within five years following release.

Reintegrative shaming
that form of shaming, imposed as a sanction by the criminal justice system, that is thought to strengthen the moral bond between the offender and the community.

Replicability
(experimental) a scientific principle which holds that the same observations made at one time can be had again at a later time if all other conditions are the same.

Research
the use of standardized, systematic procedures in the search for knowledge.

Research design
the logic and structure inherent in an approach to data-gathering.

Restitution
a criminal sanction, in particular the payment of compensation by the offender to the victim.

Restorative justice
a postmodern perspective which stresses “remedies and restoration rather than prison, punishment and victim neglect.”

Retribution
the act of taking revenge upon a criminal perpetrator.

Reward
desirable behavioral consequences likely to increase the frequency of occurrence of that behavior.

RICO
an acronym for the “Racketeer Influenced and Corrupt Organization” statute, which was part of the federal Organized Crime Control Act of 1970.

Robbery (UCR)
the unlawful taking or attempted taking of property that is in the immediate possession of another by force or threat of force or violence and/or by putting the victim in fear.

Routine activities theory or life-style theory
a brand of rational choice theory which suggests that life-styles contribute significantly to both the volume and type of crime found in any society.

S

Sanction: To ratify, to approve or to punish.
Scienter: (Latin: knowledge) Common law rule that the owner of a vicious dog must keep it secure. A person bitten by such an animal may bring an action, even if the dog has never bitten anyone before.
Search warrant: Written order (normally issued by a judge or peace commissioner) giving gardai permission to enter private property, to search for and seize evidence of the commission of a crime, the proceeds of crime or property that they suspect may be used to commit a crime.
Senior counsel: Barrister who has “taken silk” or been called to the Inner Bar.
Sequestration: Temporary confiscation of property by court order until the owner purges his contempt by obeying an earlier court order.
Service: Delivery of court documents by one party to the other, personally or by post.
Servient tenement: Land subject to an easement. The beneficiary of the easement is called the dominant tenement.
Settlement: Agreed compromise of proceedings.
Settlor: Person who creates a trust by donating property to be administered by a trustee.
Share: A portion of a company. A share certificate constitutes proof of share ownership. Those owning shares in a company are called members or shareholders. There are two basic kinds of shares: ordinary and preferred. A shareholder is not normally liable for the debts or other obligations of the company, except to the extent of any commitment made to buy shares. Two other benefits of shares include a right to participate in profits (through dividends) and a right to share the residue of assets of the company if it is dissolved, once liabilities have been paid off.
Silent partner: Person who invests in a company or partnership, shares in the profits or losses but takes no part in administering or directing the organisation.
Slander of title: Falsely and maliciously denying someone’s title to property including real property, a business or goods (the latter might also be called “slander of goods”). The tort is only actionable if damage has been suffered.
Solicitor: General lawyer who may deal directly with the public.
Special Criminal Court: Non-jury court with three judges, set up to deal with mainly terrorist offences.
Stare decisis: (Latin: to stand by decisions) Policy whereby, once a court has made a decision on a certain set of facts, lower courts must apply that precedent in subsequent cases which embody the same facts.
Strict liability: Liability in tort without need to prove wrongful intent, negligence or fault.
Sub judice: (Latin: under trial) Matter still under consideration by a court. Any action which may interfere with the proper administration of justice while a matter is sub judice may be a contempt of court.
Subpoena: (Latin: under penalty) Court order requiring a witness to attend at a certain time and place or suffer a penalty.
Subrogation: Substitution of one person or thing for another by operation of law, without the agreement of the person from whom the rights are transferred.
Substituted service: If a party appears to be avoiding service of legal documents, the court may be asked to direct that, instead of personal service (that is giving the documents directly to the person), they should be served in a different way, perhaps by posting them to the defendant’s home or office or leaving them with a member of his family.
Successor: Person who takes over the rights or property of another.
Sui juris: (Latin: of his own right) Person who has full legal rights and is not under any incapacity, such as being bankrupt, a minor or mentally incapable.
Summons: Written command to a person to appear in court.
Supreme Court: Final court of appeal in Ireland, headed by the Chief Justice. Most appeals are on matters of law or procedure. The Supreme Court will not normally reverse a finding of fact by a lower court, unless the decision was so perverse that no ordinary person could have come to such a finding on the facts presented.
Surety: Person who has pledged himself by deed to ensure that another person fulfils an obligation – such as appearing in court or paying back a loan.

Scenario writing
a technique intended to predict future outcomes, and which builds upon environmental scanning by attempting to assess the likelihood of a variety of possible outcomes once important trends have been identified.

Schizophrenics
mentally ill individuals who suffer from disjointed thinking and, possibly, delusions and hallucinations.

Second-degree murder
criminal homicide which is unplanned, and which is often described as a “crime of passion.”

Secondary analysis
the reanalysis of existing data.

Secondary deviance
that which results from official labeling and from association with others who have been so labeled.

Secondary research
new evaluations of existing information which has already been collected by other researchers.

Securities fraud
the theft of money resulting from intentional manipulation of the value of equities, including stocks and bonds. Securities fraud may also include theft from securities accounts and wire fraud.

Selective incapacitation
a social policy which seeks to protect society by incarcerating those individuals deemed to be the most dangerous.

Serial murder
criminal homicide which involves the killing of several victims in three or more separate events.

Simple assault (NCVs)
an attack without a weapon resulting either in minor injury or in undetermined injury requiring less than two days of hospitalization.

Situational choice theory
a brand of rational choice theory which views criminal behavior “as a function of choices and decisions made within a context of situational constraints and opportunities.”

Situational crime prevention
a social policy approach that looks to develop greater understanding of crime and more effective crime prevention strategies through concern with the physical, organizational, and social environments that make crime possible.

Social bond
the rather intangible link between individuals and the society of which they are a part. The social bond is created through the process of socialization.

Social capital
the degree of positive relationships with other persons and with social institutions, that individuals build up over the course of their lives.

Social class
distinctions made between individuals on the basis of important defining social characteristics.

Social contract
the Enlightenment-era concept that human beings abandon their natural state of individual freedom to join together and form society. Although, in the process of forming a social contract, individuals surrender some freedoms to society as a whole, government, once formed, is obligated to assume responsibilities toward its citizens and to provide for their protection and welfare.

Social control theory
a perspective which predicts that when social constraints on antisocial behavior are weakened or absent, delinquent behavior emerges. Rather than stressing causative factors in criminal behavior, control theory asks why people actually obey rules instead of breaking them.

Social disorganization
a condition said to exist when a group is faced with social change, uneven development of culture, maladaptiveness, disharmony, conflict, and lack of consensus.

Social ecology
an approach to criminological theorizing that attempts to link the structure and organization of human community to interactions with its localized environment.

Social epidemiology
the study of social epidemics and diseases of the social order.

Social learning theory
a psychological perspective that says people learn how to behave by modeling themselves after others whom they have the opportunity to observe.

Social pathology
a concept which compares society to a physical organism and sees criminality as an illness.

Social policies
government initiatives, programs, and plans intended to address problems in society. The “War on Crime,” for example, is a kind of generic (large-scale) social policy–one consisting of many smaller programs.

social problems perspective
the belief that crime is a manifestation of underlying social problems, such as poverty, discrimination, pervasive family violence, inadequate socialization practices, and the breakdown of traditional social institutions.

Social process theories
also known as interactionist perspectives, emphasize the give-and-take which occurs between offender, victim, and society–and specifically between the offender and agents of formal social control such as the police, courts, and correctional organizations.

Social relativity
the notion that social events are differently interpreted according to the cultural experiences and personal interests of the initiator, the observer, or the recipient of that behavior.

Social responsibility perspective
a viewpoint which holds that individuals are fundamentally responsible for their own behavior, and which maintains that they choose crime over other, more law-abiding, courses of action.

Social-structural theories
explain crime by reference to various aspects of the social fabric. They emphasize relationships between social institutions, and describe the types of behavior which tend to characterize groups of people as opposed to individuals.

Social structure
the pattern of social organization and the interrelationships between institutions characteristic of a society.

Socialization
the lifelong process of social experience whereby individuals acquire the cultural patterns of their society.

Sociobiology
“the systematic study of the biological basis of all social behavior.”

Sociopath
see psychopath.

Software piracy
the unauthorized and illegal copying of software programs.

Somatotyping
the classification of human beings into types according to body build and other physical characteristics.

Specific deterrence
a goal of criminal sentencing which seeks to prevent a particular offender from engaging in repeat criminality.

State-organized crime
acts defined by law as criminal and committed by state officials in the pursuit of their job as representatives of the state.

Statistical correlation
the simultaneous increase or decrease in value of two numerically valued random variables.

Statistical school
a criminological perspective with roots in the early 1800s which seeks to uncover correlations between crime rates and other types of demographic data.

Statute
a formal written enactment of a legislative body.

Statutory law
law in the form of statutes or formal written strictures, made by a legislature or governing body with the power to make law.

Stigmatic shaming
that form of shaming, imposed as a sanction by the criminal justice system, that is thought to destroy the moral bond between the offender and the community.

Strain theory or anomie theory
a sociological approach which posits a disjuncture between socially and sub culturally sanctioned means and goals as the cause of criminal behavior.

Strategic assessment
a technique which assesses the risks and opportunities facing those who plan for the future.

Sub cultural theory
a sociological perspective which emphasizes the contribution made by variously socialized cultural groups to the phenomenon of crime.

Subculture
a collection of values and preferences which is communicated to subcultural participants through a process of socialization.

Sublimation
the psychological process whereby one aspect of consciousness comes to be symbolically substituted for another.

Substantial capacity test
a standard for judging legal insanity which requires that a person lack “the mental capacity needed to understand the wrongfulness of his act, or to conform his behavior to the requirements of the law.”

Superego
the moral aspect of the personality; much like the conscience. More formally, the division of the psyche that develops by the incorporation of the perceived moral standards of the community, is mainly unconscious, and includes the conscience.

Super male
a human male displaying the XYY chromosome structure.

Superpredators
a new generation of juveniles “who are coming of age in actual and ‘moral poverty’ without the benefits of parents, teachers, coaches and clergy to teach them right from wrong and show them ‘unconditional love.'” The term is often applied to those inner-city youths who meet the criteria it sets forth.

Survey research
a social science data-gathering technique which involves the use of questionnaires.

T

Tenant: Person to whom a landlord grants temporary and exclusive use of land or a building, usually in exchange for rent. The contract for this type of legal arrangement is called a lease.
Tenancy in common: Tenants-in-common share property rights, but may hold different parts of a piece of land, or unequal shares. On the death of either of them, that person’s share does not pass automatically to the surviving tenant but becomes part of the deceased’s estate.
Tender: Unconditional offer of a party to a contract to perform his side of the bargain. For example, with a loan contract, a tender would be the debtor’s offer to repay the amount owing to the creditor. If the tender is refused, the contract comes to an end.
Tenement: Property that could be subject to common law tenure, such as land, buildings or apartments. In relation to business tenants, a tenement is a defined portion of a building held by the occupier on a tenancy and not dependent on the continued employment of the tenant.
Tenure: Right to hold or occupy land or a position for a certain amount of time.
Testator: Person who dies after making a valid will.
Testimony: Verbal presentation of evidence in court.
Tort: Non-contractual breach of duty which allows the injured person to claim compensation (or damages) from the tortfeasor. Torts include wrongs such as negligence, nuisance, defamation, false imprisonment and trespass.
Tortfeasor: Person who commits a tort.
Tracing: Equitable right of a plaintiff to reclaim specific property, through the court, where the property has passed on to others. This procedure is frequently used by a trust beneficiary to recover misappropriated trust property. Property may not be recovered from a person who has bought it for value, without notice of the circumstances.
Transferee: Person who receives property being transferred.
Transferor: Person who transfers property.
Trespass: Unlawful interference with another person or his property or rights. Trespass is a civil, not a criminal, offence and is actionable without proof of any actual damage.
Trust: Property given by a donor or settlor to a trustee, for the benefit of another person (the beneficiary or donee). A trustee manages and administers the property. A will is a form of trust but a trust can be formed during the lifetime of the settlor, in which case it is called an inter vivos or living trust.
Trustee: Person who holds property rights for the benefit of another through the legal mechanism of the trust. A trustee usually has full management and administration rights over the property, which must be exercised to the advantage of the beneficiary. All profits from the trust go to the beneficiary, although the trustee is entitled to recover administrative costs.

Tagging
like labeling, the process whereby an individual is negatively defined by agencies of justice.

Target hardening
the reduction in criminal opportunity, generally through the use of physical barriers, architectural design, and enhanced security measures, of a particular location.

Techniques of neutralization
culturally available justifications which can provide criminal offenders with the means to disavow responsibility for their behavior.

TEMPEST
a standard developed by the U.S. government that requires that electromagnetic emanations from computers designated as “secure” be below levels that would allow radio receiving equipment to “read” the data being computed.

Terrorism
Premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents, usually intended to influence an audience.

Testosterone
the primary male sex hormone, produced in the testes and functioning to control secondary sex characteristics and sexual drive.

Tests of significance
statistical techniques intended to provide researchers with confidence that their results are in fact true, and not the result of sampling error.

Thanatos
a death wish.

Theory
a series of interrelated propositions that attempt to describe, explain, predict, and ultimately to control some class of events. A theory gains explanatory power from inherent logical consistency, and is “tested” by how well it describes and predicts reality.

Threat analysis
or risk analysis, involves a complete and thorough assessment of the kinds of perils facing an organization.

Three-strikes
a provision of some criminal statutes which mandates life imprisonment for criminals convicted of three violent felonies or serious drug offenses.

Total institutions
facilities from which individuals can rarely come and go, and in which communal life is intense and circumscribed. Individuals in total institutions tend to eat, sleep, play, learn, and worship (if at all) together.

Trafficking
includes manufacturing, distributing, dispensing, importing, and exporting (or possession with intent to do the same) a controlled substance or a counterfeit substance.

Trephination
a form of surgery, typically involving bone and especially the skull. Early instances of cranial trephination have been taken as evidence for primitive beliefs in spirit possession.

Twelve Tables
early Roman laws written around 450 B.C. which regulated family, religious and economic life.

U

Ultra vires: (Latin: beyond the powers) An action which is invalid because it exceeds the authority of the person or organisation which performs it. A company cannot normally be bound by an act which it is not empowered to do by its memorandum of association.
Undertaking: Enforceable promise given to court.
Undue influence: Unfair pressure which may invalidate a contract.
Unjust enrichment: Profit unjustly obtain by a wrongdoer. To obtain reimbursement, the plaintiff must show an actual benefit to the defendant, a corresponding loss to the plaintiff and the absence of a legal reason for the defendant’s enrichment.
Usury: Excessive or illegal interest rate.

Uni-causal
having one cause. Theories which are uni-causal posit only one source for all that they attempt to explain.

Uniform Crime Reports (UCR)
a summation of crime statistics tallied annually by the Federal Bureau of Investigation (FBI) and consisting primarily of data on crimes reported to the police and of arrests.

Utilitarianism
See hedonistic calculus.

V

Variation: Alteration of term of court order.
Verdict: Decision of a jury. In criminal cases, this is usually expressed as guilty or not guilty and may be unanimous or by a majority of 11-1 or 10-2. In a civil case, the verdict would be a finding for the plaintiff or for the defendant by at least nine of the 12 jurors.
Videlicet: (Latin: that is to say) The abbreviation of videlicet ( viz.) is commonly used in legal documents to advise that what follows provides more detail about a preceding general statement.
Vicarious liability: Responsibility for the tort of another, even though the person held responsible may not have done anything wrong. This is often the case with employers who may be held vicariously liable for damage caused by their employees.
Void: Without legal effect. A document that is void is worthless. An anti-competitive agreement or contract in restraint of trade may be void. A “marriage” involving a person under the age of 18 would be void in Ireland.
Voidable: The law distinguishes between void and voidable contracts. Some contracts have such a fundamental defect that they are said to be void. Others have more minor defects and are voidable at the option of the innocent party.
Voire dire: (French: To speak the truth) Separate trial within a trial, generally in the absence of the jury, on the admissibility of contested evidence.
Volenti non fit injuria: (Latin: those who consent may not be injured) Defence in tort which prevents a person who knowingly and voluntarily assumes a risk (by, for example, engaging in a dangerous sport) from later seeking compensation for any injury suffered.

variable
a concept which can undergo measurable changes.

Verstehen
the kind of subjective understanding that can be achieved by criminologists who immerse themselves into the everyday world of the criminals they study.

Victim impact statement
a written document which describes the losses, suffering, and trauma experienced by the crime victim or by the victim’s survivors. In jurisdictions where victim impact statements are used, judges are expected to consider them in arriving at an appropriate sentence for the offender.

Victim-precipitated homicides
killings in which the “victim” was the first to commence the interaction or was the first to resort to physical violence.

Victim-proneness
the degree of an individual’s likelihood of victimization.

Victim-witness assistance programs
counsel victims, orient them to the justice process, and provide a variety of other services such as transportation to court, child care during court appearances, and referrals to social service agencies.

Victimization rate (NCVS)
a measure of the occurrence of victimizations among a specified population group. For personal crimes, this is based on the number of victimizations per 1,000 residents age 12 or older. For household crimes, the victimization rates are calculated using the number of incidents per 1,000 households.

Victimogenesis
the contributory background of a victim as a result of which he or she becomes prone to victimization.

Victimology
the study of victims and their contributory role, if any, in crime causation.

Virus (computer)
a set of computer instructions that propagates copies or versions of itself into computer programs or data when it is executed.

VOCA
the Victims of Crime Act, passed by the U.S. Congress in 1984.

W

Waiver: Renunciation of a right or benefit. Waivers are not always in writing. Sometimes actions can be interpreted as a waiver.
Waste: Abuse, destruction or permanent change to property by a person who is merely in possession of it, such as a tenant or a life tenant.
Words of limitation: Words in a conveyance or will which limit the duration of an estate. If a testator leaves property “to X and his heirs”, the words “and his heirs” are words of limitation because they indicate that X gets the land in fee simple and his heirs get no interest.
Words of purchase: Words in a conveyance or will which specifically name the person to whom land is being conveyed.

White-collar crime
violations of the criminal law committed by a person of respectability and high social status in the course of his or her occupation.

X

Xoanon: Primitive, usually wooden image of deity supposed to have fallen from Heaven; seldom found in Irish courtrooms.

Y

Year: When used without any other qualification, a 12-month period beginning on January 1.
Young person: Person under 16, whose regular, full-time employment is forbidden by the 1996 Protection of Young Persons (Employment) Act. A child over 14 may do light work during school holidays, but a child under 14 cannot be employed at all.

Z

Zero hours: If an employee is available for work but there is no work for him to do, the zero hours provision of the Organisation of Working Time Act 1997 requires the employer to compensate him for one quarter of the time for which he had to be available.