criminal procedure

absolute privilege

Absolute privilege, in defamation cases, refers to the fact that in certain circumstances, an individual is immune from liability for defamatory statements.

Absolute privilege applies to statements made in certain contexts...

abstention

The abstention doctrine is an authority that precludes federal courts from hearing cases within its jurisdictions, instead, giving state courts authority over the case. The policy behind this doctrine is rooted in federalism, and the interest...

abstract

Abstract refers to an abbreviated history of an official record. Some common usages of the term “abstract” in a legal sense include:

“Abstract of title” merely recites what the land records disclose without giving opinion or advice...

abuse of discretion

Abuse of discretion is a standard of review used by appellate courts to review decisions of lower courts. The appellate court will typically find that the decision was an abuse of discretion if the discretionary decision was made in plain...

abuse of process

Abuse of process is a common law tort that involves the misuse of legal process(es) for an ulterior purpose. Abuse of process is one of several actionable offenses aimed at discouraging bad-faith litigation attempts. Indeed, courts hold the...

acceleration theory

Acceleration theory is a subsection of causation in criminal law in which a third party’s action, or a second defendant’s actions, speed up the effects of a primary defendant’s actions. For example, defendant A shoots the victim, which would...

acceptance of service

Acceptance of service is defined as an agreement by the defendant (or the defendant's attorney) to accept papers or a complaint without having the papers served by a process server or a sheriff. Acceptance of service is accomplished by...

accessory

An accessory is someone who aided or contributed to the commission or concealment of a crime. There are two categories of accessories: accessory before-the-fact and accessory after-the-fact. Unlike an accomplice, an...

accessory after the fact

An accessory-after-the-fact is someone who assists 1) someone who has committed a crime, 2) after the person has committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid...

accessory before the fact

An accessory before-the-fact is a person who aids, abets, or encourages another to commit a crime but who is not present at the scene. An accessory before the fact, like an accomplice may be held criminally liable to the same extent as the...

Pages