Glossary

An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

A writ issued by a court ordering a public official to perform an act.

The official decree by a court of appeal.

The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm.)

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

In writing.

The "guilty mind" necessary to establish criminal responsibility.

Requirement that police tell a suspect in their custody of his/her constitutional rights before they question him/her. So named as a result of the Miranda v. Arizona ruling by the U.S. Supreme Court.

An offense punishable by not more than one year in county jail and $1,000 fine.

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.

A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.

Oral or written request made by a party to an action before, during, or after a trial, upon which a court issues a ruling or order.

Motion for order against admission or prejudicial statements or questions.

A motion to reduce the sentence.

A motion to close records to public inspection.

A motion to prevent admission of evidence in a case.

The unlawful killing of a human being with deliberate intent to kill. Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.

A writ that forbids the person to whom it is addressed to leave the country, state, or jurisdiction of the court.