Descriptionary

presumption of innocence the principle that the accused is presumed innocent until proven guilty.

priest-penitent privilege the privilege granted to a priest, rabbi, or minister to keep confidential any confessions of a church member unless the church member consents otherwise.

probable cause the required element in a legal search and seizure or in an arrest.

pro bono publico for the public welfare. Most often refers to an attorney representing a case without compensation. A pro bono case.

prosecution the carrying out of a suit in court. Also, the party filing the suit.

prosecutor the person or public official who con­ducts a prosecution.

prurient interest a shameful interest in sex and nudity. public defender a government-appointed attorney who defends those unable or unwilling to hire their own attorney.

puffing the extravagant claims made by salespeople concerning their wares, generally not acceptable as a representation of fact or as the basis for fraud.

purloin to steal.

psychotherapist-patient privilege the privilege of a psychiatrist or psychologist to keep all forms of communication from a patient confidential unless the patient consents otherwise.

quid pro quo compensation; something for some­thing.

racketeering obtaining money through fraud or extortion or through a conspiracy to commit fraud or extortion.

raised check a check whose original amount has been altered.

real evidence any object, such as a murder weapon or photograph, that can be examined and used as evi­dence in court. Also known as demonstrative evidence.

reasonable doubt in a criminal trial, the doctrine describing the degree of certainty a juror must have concerning evidence in order to return a guilty verdict against the accused. He must be certain beyond a rea­sonable doubt.

rebuttal evidence any evidence that contradicts or counteracts other evidence.

recidivist a habitual offender.

recusal the disqualification of a judge or jury due to conflict of interest, bias, or prejudice.

rejoinder the defendant's answer in response to the plaintiff's reply or replication.

remittitur a reduction of a jury's excessive verdict, made by the judge. Opposite of additur.

replication the plaintiff's reply to the defendant's answer.

rescue doctrine a doctrine holding that a negligent person causing an injury to someone is also liable for any injury that befalls the rescuer of a victim during a rescue attempt.

respondeat superior let the superior reply. A doc­trine holding that an employer is liable for damages caused by an employee in the course of his duties.

restraining order similar to an injunction but issued without a hearing.

retainer an advance payment to an attorney for services.

retreat, duty to in some jurisdictions, the duty to flee a threatening situation as opposed to defending oneself by injuring another, generally not applicable in one's own home, however.

scienter knowingly. "Guilty knowledge" of the fal­sity of one's statements or representations made when committing a fraud.

scintilla speculative evidence that is considered not substantial.

search warrant after reviewing evidence for prob­able cause, a judge's formal authority granted to the police to search a suspicious person's residence, work, or other locale for the gathering of evidence of a crime. A search warrant is unnecessary when a sus­pect consents to a search, or in cases of hot pursuit, when an officer follows a suspect into a hiding place, or when an officer is trying to stop a suspect from destroying evidence.

second-degree murder unpremeditated murder with malice aforethought.

service to serve notice or to deliver a pleading or other document in a lawsuit to the opposing party.

sham pleading pleading that is unsupported by the facts.

sheriff's sale the sale of a judgment debtor's prop­erty by the sheriff to satisfy an unpaid judgment, mortgage, or lien.

shield laws laws protecting the confidentiality between a news reporter and his or her source. Also includes laws protecting rape victims from question­ing about past sexual experiences.

show-up similar to a police lineup, but only with one suspect facing a witness.

sidebar the part of a courtroom out of earshot of the jury and used by the judge and attorneys to dis­cuss issues that would be improper for the jury to hear.

slander false words spoken publicly that damage the reputation of another.

standing mute refusing to plead guilty or not guilty.

statute of limitations any statute that puts a time limit on when judicial action can be taken against someone.