Prosecution: Act of pursing a lawsuit or criminal trial.
The Legal Dictionary has taken steps to ensure that all legal, law, and court terms contained in our legal dictionary are correct.
The act of prosecuting ( charges leading to trial) the defendant(offender) in the criminal case in the court, by the government attorney to establish justice. Prosecution generally represents the government/state in the case.
Malicious prosecution claims have succeeded when unfounded and malicious complaints have been made to professional associations, such as in the 2006 decision of PEI's Supreme Court, Griffin v the City of Summerside, ...
ProsecutionA proceeding in which an accused person is tried. Crown Prosecution A prosecution commenced by a peace officer or representative of the Crown.
Prosecutions : Criminal legal proceedings.
Prospective : Likely to come about, relating to or effective in the future.
PROSECUTION: In a criminal action, a proceeding instituted for the purpose of determining guilt or innocence of a person charged with a crime.
n. 1) in criminal law, the government attorney charging and trying the case against a person accused of a crime. 2) a common term for the government's side in a criminal case, ...
The party (q.v.) presenting evidence against the person accused of committing a crime.
protection application ...
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death.
The prosecution must prove beyond a reasonable doubt that the defendant is guilty of each element of the crime charged to satisfy the due process requirement of a fair trial.
Language : English
Definition from Nolo's Plain-English Law Dictionary
A formal assertion, by a prosecuting attorney, that a defendant has committed an illegal act.
Malicious Prosecution - An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.
Mandamus - A writ issued by a court ordering a public official to perform an act.
Deferred prosecution: An arrangement made between the District Attorney and defendant before trial halting the prosecution of a defendant for up to two years on the condition that he or she successfully meets conditions of probation, ...
MALICIOUS PROSECUTION, or MALICIOUS ARREST, torts, or remedies. These terms import a wanton prosecution or arrest, made by a prosecutor in a criminal proceeding, or a plaintiff in a civil suit, without probable cause, ...
malicious prosecution - A meritless (civil or criminal) action instituted solely to harass the defendant. Such misuse of the judicial process may be the basis for an action against the original plaintiff/prosecutor.
Malicious Prosecution - In New Mexico, the tort of 'Malicious Prosecution' no longer exists. It has been combined with 'Abuse of Process' to form a new tort, 'Malicious Abuse of Process.'
See Malicious Abuse of Process.
prosecute, prosecution To pursue an action in court; usually used in reference to criminal cases, which are sometimes called prosecutions.
processes involved in buying, selling or remortgaging a property to transfer its legal title from one person to anotherCounselA term used to describe a barristerCreditorA person or organisation to whom money is owedCrown Prosecution Service ...
Capital Case A prosecution for murder in which the prosecutor asks the jury to decide if the defendant is guilty and, if he is, whether he should be put to death.
Term: Malicious Prosecution
Definition: A lawsuit filed without probable cause or justification in law, intended to harass a defendant.
: something (as a statutory or regulatory provision) that provides protection (as from a penalty or liability) [had no safe harbor from prosecution]
Safe Haven ...
There, they could be exempted from the normal prosecution which, in those days, was quite severe (see, for example, The Law's Hall of Horrors). But the ordeal, even within sanctuary, was no piece of cake.
The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the United States Constitution .
The prosecution (i.e. State or United States) in a criminal case.
plea bargaining - The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval.
Grand juries hear evidence from just one side (the prosecution) before they decide whether someone should be indicted (formally charged) with a crime.
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.
term originally applied to the exemption of Christian clerics from criminal prosecution in the secular courts. The privilege was established by the 12th cent., and it extended only to the commission of felonies.
When the United States is a party encompasses both civil cases in which the United States is either a plaintiff or defendant and criminal prosecutions by the federal government.
Procedure 16, a defendant may obtain discovery of his or her own written or recorded statements or confessions, results of examinations and tests, his or her recorded testimony before a grand jury, and testimony to be given by the prosecution's ...
A defense designed to dismiss, suspend, or obstruct the prosecution of a claim, without touching upon the defendant's "meritorious defense".Equitable defense.
results may not be used in criminal prosecution.' Von Raab, 489 U.S. at 666 (emphases added). Even so, a search in the special needs context almost always requires individualized suspicion. See, e.g., Portillo v. U.S. Dist. Court, 15 F.
ALFORD PLEA - The so-called Alford plea is a form of "guilty" plea in which the defendant does not admit the act, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant ...
paragraphe - A counter-indictment, in which the defendant charges the plaintiff with bringing an illegal prosecution.
a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.
Also, "it appears the Porn Squad has been told that the best possibility of prosecution includes golden showers, scat ... and BDSM along with other fringe fetishes... [the US] government is not targeting kiddie porn only" .
"Criminal justice system" includes all activities and agencies, whether state or local, public or private, pertaining to the prevention, prosecution and defense of offenses, ...
an issue arising in a lawsuit or criminal prosecution which only relates to determination of what the law is, how it is applied to the facts in the case, and other purely legal points in contention.
IMMUNITY - Exemption from a legal duty, penalty or prosecution.
IMPAIRMENT - When a person's faculties are diminished so that his or her ability to see, hear, walk, talk and judge distances is below the normal level as set by the state.
Nolle: Short for nollo prosequi, which means "no prosecution". A disposition of a criminal or motor vehicle case where the prosecutor agrees to drop the case against the defendant but keeps the right to reopen the case and prosecute at any time ...
An informer; a person who has supplied the facts required for a criminal prosecution or a civil suit. In criminal prosecutions in some states, this would be indicated by the use of the expression ex. rel. as in The State of California ex. rel.
Capital case: In a capital case, the prosecution asks the jury to sentence a defendant on trial for murder to death.
Pre-trial Diversion: Conditional deferment of prosecution for specified type of offenses. Use of diversion is frequently dependent on the availability of a community based and monitored rehabilitative program (i.e.
diversion - A procedure used in some criminal prosecutions against persons who are arrested and have no previous criminal background.
" Used primarily in criminal proceedings whereby the defendant declines to refute the evidence of the prosecution. In some jurisdictions, this response by the defendant has same effect as a plea of guilty.
One who runs away to avoid arrest, prosecution or imprisonment. Many extradition laws also call the suspect a "fugitive" although, in that context, ...
Elements of a crime -Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, ...
Expenses incurred in the prosecution of a lawsuit, including filing fees, deposition expenses and witness fees.
A claim filed by the defendant against a plaintiff as part of defendant's response to a lawsuit.
ROSARIO MATERIAL: Any written or recorded statement by a prosecution witnesses which relates to the subject matter of the witness' testimony.
bar: 1. Prohibit - to bar the prosecution of an action. 2. The members of the legal profession.
bench: The Judge's seat or the judge, himself/herself, (e.g., the attorney addressed the bench) ...
Counsel - Advocates who act for the prosecution and the defence.
Court familiarisation visit - A visit arranged in advance of a trial to help witnesses become more familiar with the courtroom.
Protection from criminal prosecution given a witness for testifying about criminal activities that may incriminate him or her.
Jake Martin Avvo staff ...
Immunity - Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.
For legal advise regarding Immunity, you can contact our legal staff via phone (800) 341-2684 or email firstname.lastname@example.org .
Lord Advocate The senior Law Officer responsible for the prosecution of crime and investigation of deaths in Scotland, and the principal legal adviser to the Scottish Government.
Withdraw / Withdrawal search for term To withdraw a charge or charges means to end the prosecution of a case. Only the Crown can make the decision to withdraw charges.
PROSECUTOR - A public officer whose duty is the prosecution of criminal proceedings on behalf of the people.
PUBLIC DEFENDER - Lawyers employed by the state to represent defendants accused of crimes who cannot afford to hire their own lawyer.
do not always end in prosecution
prosecutions do not always end in convictions
convictions do not always mean stiff sentences ...
In other words, the prosecution must prove not only that the accused committed the offence but that he (or she) did it knowing that it was prohibited; that their act (or omission) was done with an intent to commit a crime.
Prosecutions and civil cases taken (or defended) by the government are taken in the name of the Crown as head of state.
Civil Causes of Action Malicious Prosecution
Corporations By Laws
Civil Causes of Action Medical Malpractice ...
Who has to prove a fact; this is generally the prosecution in a criminal case.
A particular legal proceeding.
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evidence. Sameness.2. It is frequently necessary to identify persons and things. In criminal prosecutions, and in actions for torts and on contracts, it is required to be... more ...
A process between the accused and the prosecution to negotiate a mutually satisfactory outcome of the case.
The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.
Sua sponte ...
Judgment - The final decision by a court in a lawsuit, criminal prosecution, or appeal from a lower court's judgment.
Forensic Sciences/DNA Unit
Criminal Court Reform
Intelligence-Based Prosecution ...
privilege: An advantage not enjoyed by all; a special exemption from prosecution or other lawsuits. (See also immunity.)
probable cause: A reasonable basis for assuming that a charge or fact is well founded.
law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. A petition for a writ of habeas corpus often is filed in federal courts by state prison inmates who say their state prosecutions ...
We look to the substantive law, for example, to tell us what constitutes a breach of contract, or medical malpractice, or trespass, or murder. Procedural rules, by contrast, tell us how to commence a lawsuit or a prosecution, ...
Rule 23.04. This term should not be confused with certification (or Reference) of Juvenile in district court, which is used to refer juveniles to adult court for criminal prosecution. M.S. §260.125 ...
Prosecutions tend to be brought by the trading standards departments of local authorities.
A person commits trespass to land when they enter another's land without their permission. A trespasser may be sued in the civil courts.
Fugitive One who runs away to avoid arrest, prosecution or imprisonment.
See also: Law, Court, Criminal, State, Lawyer