Descriptionary

defalcation failure of a trustee to pay out money when it becomes due.

default judgment a judgment made against a defen­dant for failure to appear in court.

defraud to commit fraud.

degree of proof the degree of evidence necessary for the awarding of damages or conviction of a sus­pect. The degrees of proof include "preponderance of the evidence," "clear and convincing," and "beyond a reasonable doubt."

deliberate to consider all the facts of a case after all the evidence has been given.

de minimis acts too trivial or unimportant to be dealt with in a court of law.

demonstrative evidence weapons, stolen goods, photographs, or other objects displayed in court to help clarify or add evidence to a case.

deposition a pretrial statement taken from a wit­ness under oath.

desuetude discontinuance from use, referring to laws that have become obsolete and are no longer enforced.

dictum a dogmatic or opinionated pronouncement by the judge concerning a case.

diminished capacity a defense that pleads dimin­ished mental capacity of the defendant, which often lessens a sentence in a criminal conviction.

disbar to rescind the license and right of an attorney to practice law due to unethical or illegal conduct.

district attorney the prosecuting attorney of a given district.

divestiture a selling off of property or assets by an offending party as ordered by the court to prevent the offender from enjoying the gains or "spoils" of his crime, usually used in the enforcement of antitrust laws.

docket the list of cases pending on a court's calen­dar.

double jeopardy a provision in the Fifth Amend­ment to the Constitution preventing a second pros­ecution in a criminal case; regardless of the outcome of the first trial.

embracery obstructing justice by trying to bribe or otherwise influence a juror.

entrapment a defense used in criminal law that excuses a defendant if it is proven he or she was lured into a crime by police inducement and that the crime would not have occurred if it had not been for that inducement.

estoppel a restraint to prevent one from contradict­ing a previous statement.

executive privilege the right of the president to refuse to disclose confidential information that may impair government functioning.

exemplar nontestimony evidence of identification such as fingerprints, blood samples, handwriting sam­ples, and voice recordings.

exigency any emergency occurrence that excuses one for breaking the law, such as speeding to the hos­pital with a person having a heart attack.

expungement of records the court-ordered annul­ment and destruction of all records of arrest and court proceedings concerning a defendant arrested but not convicted.

extenuating circumstances circumstances that jus­tify or partially justify an illegal act and that qualify guilt or blame.

extortion the crime of using one's position in busi­ness or government to extort or obtain illegally money or property through abuse of power.

extradition the process through which a criminal is transferred or surrendered by one nation to another or from one state to another.

facilitation the statutory offense of aiding another to carry out a crime.

fairness doctrine a requirement of broadcasters to air contrasting viewpoints on controversial issues.

famosus libellus a slanderous or libelous letter, hand­bill, advertisement, written accusation, or indictment.

felony any crime considered more serious than a misdemeanor, such as homicide, robbery, burglary, rape, arson, or larceny.

felony murder a murder committed in the act of another felony, such as a robbery, burglary, or rape.

306 law

fiduciary pertaining to one who holds something in trust for another.

first-degree murder any murder that is willful, deliberate, and premeditated.

foreman among a jury, the spokesman and presid­ing member.

forensic relating to, belonging to, or used in courts of justice.

forensic medicine a branch of medicine employed to assist in legal matters.

fratricide the murder of one's brother.

fraud willful deceit resulting in harm to another.

Freedom of Information Act the federal law requiring that documents and other materials held in federal offices must be released to the public upon request, although with a few exemptions.

fresh pursuit the right of the police to enter another jurisdiction in order to arrest a felon.

fruit of the poisonous tree doctrine the doctrine that prevents the use of evidence originating from ille­gal conduct on the part of an official on the grounds that such "tainted" evidence cannot be trusted.