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Motion To Dismiss
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings (as well as civil) is governed by the separate Federal Rules of Evidence. Drafting and enactment The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year. Congress retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. Congress has rarely rejected the Court's proposed am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pardon
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a part ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Offense (law)
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court-martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment. In addition, courts-martial may be used to try prisoners of war for war crimes. The Geneva Conventions require that POWs who are on trial for war crimes be subject to the same procedures as would be the holding military's own forces. Finally, courts-martial can be convened for other purposes, such as dealing with violations of martial law, and can involve civilian defendants. Most navies have a standard court-martial which convenes whenever a ship is lost; this does not presume that the captain is suspected of wrongdoing, but merely that the circumstances surrounding the loss of the ship be made part of the official record. M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Jeopardy
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law. In civil law, a similar concept is that of . Variation in common law countries is the peremptory plea, which may take the specific forms of ('previously acquitted') or ('previously convicted'). These doctrines appear to have originated in ancient Roman law, in the broader principle ('not twice against the same'). Availability as a legal defence If a double-jeopardy issue is raised, evidence will be placed before the court, which will typically rule as a preliminary matter whether the plea is substantiated; if it is, the projected trial will be prevented from proceeding. In some countries certain exemptions are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speedy Trial
In criminal law, the right to a speedy trial is a human right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial. Although it is important for the protection of speedy trial rights for there to be a court in which a defendant may complain about the unreasonable delay of the trial, it is also important that nations implement structures that avoid the delay. Recognition of speedy trial rights In jurisdictions with strong rule of law, the requirement of a "speedy trial" forces prosecutors to diligently build cases within a reasonable amount of time commensurate with the complexity and heinousness of the crimes of which suspects are accused. The right is based on the notion that long-term incarceration should normally be restricted to situations in which a ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nolo Contendere
' is a legal term that comes from the Latin phrase for "I do not wish to contend". It is also referred to as a plea of no contest or no defense. In criminal trials in certain United States jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. A no-contest plea, while not technically a guilty plea, typically has the same immediate effect as a guilty plea and is often offered as a part of a plea bargain. In many jurisdictions, a plea of ' is not a typical right and carries various restrictions on its use. United States In the United States, state law determines whether, and under what circumstances, a defendant may plead no contest in state criminal cases. In federal court, the Federal Rules of Criminal Procedure only allow a ' plea to be entered with the court's consent; before accepting the plea, the court is required to "consider the parties' views and the public interest in the e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guilt (law)
In criminal law, guilt is the state of being responsible for the commission of an offense. Legal guilt is entirely externally defined by the state, or more generally a "court of law". Being "guilty" of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute. The determination that one has committed that violation is made by an external body (a "court of law") after the determination of the facts by a finder of fact or “factfinder” (i.e. a jury) and is, therefore, as definitive as the record-keeping of the body. For instance, in the case of a bench trial a judge acts as both the court of law and the factfinder, whereas in a jury trial the jury is the trier of fact and the judge acts only as the trier of law. Thus, the most basic definition is fundamentally circular: a person is guilty of violating a law if a factfinder in a court of law so says. Philosophically, guilt in criminal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and ''not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
