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.
Prosecution
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.
Prosecution
personal injury
Frivolous (legal term)
Multiplicity of Actions [Suits]
malicious
Vexatious Litigation (legal term)
Motive (legal term)
Abuse of Process (legal term)
False Arrest (legal term)
Champerty and Maintenance (legal term) ...
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, ...
Malicious prosecution: An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.
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: The administrative process of obtaining a patent from the U.S. Patent and Trademark Office. Prosecution includes filing the application with the U.S.
Prosecution: (1) Arguments put forward in an attempt to prove that a criminal charge is true. (2) The lawyer who presents the case against the accused in a trial. In serious cases, there can be more than one lawyer involved.
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.
On prosecutions for treason or felony the court may order the accused person, if convicted, to pay the costs of his prosecution (Forfeiture Act 1870); ...
Avoiding prosecution, but arguably offending this principle, Paul Dacre, editor of the Daily Mail, made a speech to the Society of Editors on 9 November 2008, in which he accused Mr Justice Eady of "an animus against the popular press", ...
Malicious prosecution
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, 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.
Term: Malicious Prosecution
Definition: A lawsuit filed without probable cause or justification in law, intended to harass a defendant.
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.
People (other than minors) are now free from criminal prosecution for possessing liquor, wine, or beer.
Relator 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.
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.
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.
In criminal cases, the prosecution must prove its case "beyond a reasonable doubt.
Calendar - A list of all pending cases, or all pending issues ready for trial in court. A court's complete trial (etc.) schedule.
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.
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.
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 ...
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.
Law Terms capital case is 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.
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" [6].
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 ...
diversion - A procedure used in some criminal prosecutions against persons who are arrested and have no previous criminal background.
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.
One who runs away to avoid arrest, prosecution or imprisonment. Many extradition laws also call the suspect a "fugitive" although, in that context, ...
ACTUAL PHYSICAL CONTROL In DUI prosecution, having control of a motor vehicle, i.e., being in the driver's position with keys in the ignition, etc.
Prosecutions and civil cases taken (or defended) by the government are taken in the name of the Crown as head of state.
Costs
Expenses incurred in the prosecution of a lawsuit, including filing fees, deposition expenses and witness fees.
Counterclaim
A claim filed by the defendant against a plaintiff as part of defendant's response to a lawsuit.
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) ...
Defendant: The person against whom a lawsuit or prosecution has been brought. In a civil suit this is the person from whom a plaintiff seeks relief. In a criminal action, the defendant is the accused.
Beyond a reasonable doubt - The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution.
do not always end in prosecution
prosecutions do not always end in convictions
convictions do not always mean stiff sentences ...
Prosecutor - A public officer whose duty is the prosecution of criminal proceedings on behalf of the people. The representative of the public in the pursuit of justice.
Immunity - Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.
Impeachment - A criminal proceeding against a public official.
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.
Case
A particular legal proceeding.
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IDENTITY
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 ...
Uganda and Five Years of the International Criminal Court Michael Drexler argues that the International Criminal Court is pursuing an inappropriate engagement strategy in Uganda by ignoring the impacts of criminal prosecution and investigation on ...
Speedy Trial Act: Federal law establishing time limits for carrying out major events, i.e. indictment, arraignment, etc., in a criminal prosecution.
An advance decision has the same effect as a refusal of treatment by a person with capacity: the treatment cannot lawfully be given. A doctor who treats a patient against his / her wishes may face civil liability or criminal prosecution, ...
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, ...
Prosecutions tend to be brought by the trading standards departments of local authorities.
Trespass
A person commits trespass to land when they enter another's land without their permission. A trespasser may be sued in the civil courts.
Suit Fee - A suit fee is a fee payable to the receiver in addition to the commission, for legal services rendered by the receiver for the creditor involving court action in connection with the prosecution of a commercial claim.
 See also: Law, Criminal, State, Person, Court
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