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100 Cards in this Set
- Front
- Back
FAILURE TO APPEAR |
The act of not appearing in court after being presented with a subpoena or summons.
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FAILURE TO COMPLY
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The act of not following an order that is directed by the court.
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FAIR HEARING
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A hearing in which certain rights are respected such as the right to present evidence, to cross examine and to have findings supported by evidence.
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FALSE ARREST
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Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer.
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FALSE IMPRISONMENT
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The unlawful restraint by one person of another person's physical liberty.
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FALSE PRETENSES
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Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods.
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FAMILY ALLOWANCE
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A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.
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FEE SIMPLE
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The most complete, unlimited form of ownership of real property, which endures until the current holder dies without heir.
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FELONY
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A crime of a more serious nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for more than a year and/or substantial fines.
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FELONY MURDER
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A murder committed during the commission of a felony such as robbery, burglary, or kidnapping.
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FIDELITY BOND
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See SURETY BOND.
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FIDUCIARY
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A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the others benefit, e.g., a guardian, trustee, or executor.
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FIELD SOBRIETY TEST
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A method of determining whether a person is intoxicated using a motor skills test which is administered by testing the driver's speaking ability and/or physical coordination.
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FIFTH AMENDMENT
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Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal proceeding.
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FILE
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To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
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FIND GUILTY
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For the judge or jury to determine and declare the guilt of the defendant.
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FINDING
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Formal conclusion by a judge or jury on issues of fact.
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FINE
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To sentence a person convicted of an offense to pay a penalty in money.
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FINGERPRINT
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The distinctive pattern of lines on human fingertips that are used as a method of identification in criminal cases.
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FIREARM
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A weapon which acts by force of gunpowder, such as a rifle, shotgun or revolver.
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FIRST APPEARANCE
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The initial appearance of an arrested person before a judge to determine whether there is probable cause for his or her arrest. Generally the person comes before a judge within hours of the arrest, and are informed of the charges against him or her and of his or her rights to a preliminary hearing, to counsel,and to bail. No plea is asked for at this state. Also called initial appearance.
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FORCIBLE ENTRY AND DETAINER
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Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession.
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FORECLOSURE
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Procedure by which mortgaged property is sold on default of the mortgagor in satisfaction of mortgage debt.
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FORFEIT
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To lose, or lose the right to.
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FORFEITURE
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The loss of money or property resulting from failure to meet a legal obligation or from the illegal nature or use of the money or property.
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FORGERY
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The act of claiming one's own writing to be that of another.
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FOSTER CARE
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A program of parental care for children who do not have an in-home parental relationship with either biological or adoptive parents.
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FOUNDATION
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In a trial, a foundation must be laid to establish the basis for the admissibility of certain types of evidence. For example, an expert witnesses's qualifications must be shown before expert testimony will be admissible.
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FOURTH AMENDMENT
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Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process
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FRAUD
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Intentional, unlawful deception to deprive another person of property or to injure that person in some other way.
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GAMBLING
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The act of staking money, or other thing of value, on an uncertain event or outcome.
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GARNISH
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To withhold a debtor's money, and turn it over to another in order to pay a debt. Typically, the one withholding the money is the debtor's employer.
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GARNISHMENT
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A legal proceeding in which a debtor's money, in the possession of another (the garnishee), is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages. |
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GENERAL ASSIGNMENT
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The voluntary transfer, by a debtor, of all property to a trustee for the benefit of all of his or her creditors.
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GENERAL JURISDICTION
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Refers to courts that have no limit on the types of criminal and civil cases they may hear.
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GLUE SNIFFING
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The act of inhaling glue in order "to get high".
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GOOD CAUSE
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Substantial reason, one that affords a legal excuse.
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GOOD FAITH
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An honest belief, the absence of malice, and the absence of design to defraud.
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GRAND JURY
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Jury of inquiry. The jury which determines which charges, if any, are to be brought against a defendant.
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GRAND THEFT
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Taking and carrying away the personal property of another person of a value in excess of an amount set by law with the intent to deprive the owner or possessor of it permanently.
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GRANTOR OR SETTLOR
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The person who sets up a trust.
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GROUNDS
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A foundation or basis; points relied on.
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GUARDIAN
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A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative.
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GUARDIANSHIP
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Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself, usually an incompetent adult or minor child.
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GUILTY
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Responsible for a delinquency, crime, or other offense; not innocent.
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HANDCUFFS
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Chains or shackles for the hands to secure prisoners.
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HARASSMENT
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Words, gestures, and actions which tend to annoy, alarm, and verbally abuse another person.
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HARMLESS ERROR
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An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.
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HEARING
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A proceeding similar to a trial, without a jury, and usually of shorter duration.
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HEARING, CONTESTED
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A hearing held for the purpose of deciding issues or fact of law that both parties are disputing.
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HEARING, PRELIMINARY
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The hearing given to person accused of crime, by a magistrate or judge, to determine whether there is enough evidence to warrant the confinement and holding to bail the person accused.
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HEARSAY
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Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
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HIT AND RUN
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Crime in which the driver of a vehicle leaves the scene of an accident without identifying himself or herself.
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HOLDING CELL
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A temporary location that is meant to secure the accused while waiting for trial to begin or continue.
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HOLOGRAPHIC WILL
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A will entirely written, dated, and signed by the testator in his/her own handwriting.
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HOME MONITORING
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An alternative to incarceration where an individual is confined to his or her home and monitored electronically.
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HOMICIDE
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The unlawful killing of one human being by another.
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HOSPITAL WARRANT
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A warrant that a court issues under Health-General Article Section 12-120 after a probable cause determination that the named defendant has violated a conditional release under Title 12 of the Health-General Article.
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HOSTILE WITNESS
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A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.
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HUNG JURY
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A jury whose members cannot agree upon a verdict.
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HYPOTHETICAL QUESTION
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An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation.
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ILLEGAL
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Against, or not authorized by law; unlawful.
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IMMUNITY
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Grant by the court which assures someone will not face prosecution in return for providing evidence in a criminal proceeding.
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IMPANEL
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To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impaneled. The jurors are sworn in and the trial is ready to proceed.
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IMPEACHMENT OF WITNESS
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To call into question the truthfulness of a witness.
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IMPLIED CONTRACT
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A contract in which the promise made by the obligor is not expressed, but inferred by one's conduct or implied in law.
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INADMISSIBLE
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That which, under the rules of evidence, cannot be admitted as evidence in a trial or hearing.
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INCAPACITY
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The lack of power or the legal ability to act.
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INCARCERATE
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To confine in jail.
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INCEST
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Sexual intercourse between persons so closely related that marriage between them would be unlawful.
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INCOMPETENCY
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Lack of capacity to understand the nature and object of the proceedings, to consult with counsel, and to assist in preparing a defense.
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INCRIMINATE
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To make it appear that one is guilty of a crime.
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INDECENT EXPOSURE
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Exposure to sight of the private parts of the body in a lewd or indecent manner in a public place.
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INDEMNIFY
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The term pertains to liability for loss shifted from one person held legally responsible to another.
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INDEPENDENT EXECUTOR
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A special kind of executor, permitted by the laws of certain states, who performs the duties of an executor without intervention by the court.
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INDETERMINATE SENTENCE
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A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.
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INDICTMENT
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A formal written accusation, issued by a grand jury, charging a party with a crime. |
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INDIGENT
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Needy and poor. A defendant who can demonstrate his or her indigence to the court may be assigned a court appointed attorney at public expense.
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INFORMANT
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An undisclosed person who confidentially discloses material information of a crime to the police, which is usually done in exchange for a reward or special treatment.
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INFORMATION
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A formal written document filed by the prosecutor detailing the criminal charges against the defendant. An alternative to an indictment, it serves to bring a defendant to trial.
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INFRACTION
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A violation of law, not punishable by imprisonment. Minor traffic offenses are generally considered infractions.
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INHERITANCE TAX
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A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax.
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INITIAL APPEARANCE
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In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him or her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he or she usually does not offer evidence. Also called first appearance.
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INJUNCTION
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Writ or order by a court prohibiting a specific action from being carried out by a person or group.
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INMATE
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A person confined to a prison, penitentiary, or jail.
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INNOCENT UNTIL PROVEN GUILTY
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A belief in the American legal system which states that all people accused of a criminal act are considered not to have committed the crime until the evidence leaves no doubt in the mind of the court or the jury that the accused did or did not commit the crime.
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INSANITY PLEA
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A claim by a defendant that he or she lacks the soundness of mind required by law to accept responsibility for a criminal act.
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INSTRUCTIONS
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Judge's explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge.
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INTANGIBLE ASSETS
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Nonphysical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning.
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INTENT
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The purpose to use a particular means to bring about a certain result.
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INTERLOCUTORY
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Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit. Compare to decree.
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INTERROGATORIES
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Written questions asked by one party in a lawsuit for which the opposing party must provide written answers.
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INTERVENTION
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An action by which a third person who may be affected by a lawsuit is permitted to become a party to the suit. Differs from the process of becoming an amicus curiae.
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INTESTACY LAWS
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See DESCENT AND DISTRIBUTION STATUTES.
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INTESTATE
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Dying without a will.
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INTESTATE SUCCESSION
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The process by which the property of a person who has died without a will passes on to others according to the state's descent and distribution statutes. If someone dies without a will, and the court uses the state’s interstate succession laws, an heir who receives some of the deceased's property is an intestate heir.
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INVESTIGATION
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A legal inquiry to discover and collect facts concerning a certain matter.
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IRRELEVANT
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Evidence not sufficiently related to the matter in issue.
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IRREVOCABLE TRUST
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A trust that, once set up, the grantor may not revoke.
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ISSUE
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1) The disputed point in a disagreement between parties in a lawsuit. 2) To send out officially, as in to issue an order |