Fpsi Law Enforcement Candidate Prep

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accessory

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Every person who, after a felony has been committed, harbors, conceals, or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction, or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.

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accomplice

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One who knowingly, voluntarily and with common intent with a principal offender, unites in the commission of a crime.

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adjudication

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Giving or pronouncing a judgment or decree; also the judment given.

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advancing prostitution

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A person "advances prostitution" when, acting other than as a prostitute or as a patron thereof, he/she knowingly causes or aids a person to engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any conduct designed to institute, aid, or facilitate an act or enterprise of prostitution.

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allegation

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The assertion, declaration, or statement of a party to an action, made in a pleading, setting out what he/she expects to prove.

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amicus curiae

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A friend of the court; one who interposes or volunteers information upon some matter of law.

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arraignment

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In criminal practice, bringing a prisoner to the bar of the court to answer to a criminal charge.

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assault

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An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

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bail

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To release a person arrested or imprisoned, on security being taken, for his/her appearance in court on a specified day and place.

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bail bound

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An obligation signed by the accused, with his/her sureties, to secure his/her presence in court.

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bailiff

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A court attendant whose duties are to keep order in the courtroom and to have custody of the jury

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battery

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Any willful and unlawful use of force or violence upon the person of another.

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best evidence

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Primary evidence, as distinguished from secondary evidence; the best and highest evidence of which the nature of the case is susceptible.

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bind over

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To hold on bail for trial.

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brief

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A written or printed document prepared by counsel to file in court, usually setting forth both facts and law in support of the case.

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burglary

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The entering of a private or restricted premise with the intent to commit grand theft, petty theft, or a felony.

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cause

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A suit, litigation, or action, that is either civil or criminal.

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certiorari

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An original writ commanding judges or officers of inferior courts to certify or to return records of proceedings in a cause for judicial review.

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chambers

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Private office or room of a judge.

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change of venue

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The removal of a suit begun in one county or district to another for trial or from one court to another in the same county or district.

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commutation

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The change of a punishment from a gender free to a lesser degree, as from death to life imprisonment.

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condemnation

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The legal process by which real estate of a private owner is take for public use without his/her consent, but upon the award and payment of just compensation.

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corroborating evidence

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Evidence supplementary to that already given and tending to strengthen or confirm it.

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crime

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A public offense or wrong that is forbidden by law.

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cross examination

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The questioning of witnesses in a trial or in the taking of a deposition by the party opposed to the one who produced the witness.

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dactyloscopy

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The practical application of the scientific study of fingerprints as a means of identification. The identification is made by fingerprint comparisons and the classification of prints.

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decree

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A decision or order of the court. A final decree is one which fully and finally disposes of the litigation; and interlocutor decree is a provisional or preliminary decree which is not final.

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default

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A "default" in an action of law occurs when a defendant fails to plead within the time allowed or fails to appear at the trial.

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demur

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To file a pleading (called a "demurrer") admitting the truth of the facts in the complaint or answer, but contending they are legally insufficient.

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deposition

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The testimony of a witness not taken in open court, but in pursuance of authority given by statute or rule of court to take testimony elsewhere.

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directed verdict

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An instruction by the judge to the jury to return a specific verdict.

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discovery

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A proceeding whereby one party to an action may be informed as to facts known by other parties or witnesses.

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dissent

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A term commonly used to denote the disagreement of one or more judges of a court with the decision of the majority

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domicile

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That place where a person has his/her and permanent home. A person may have several residences, but only one domicile

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double jeopardy

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Common-law and constitutional prohibition against more than one prosecution of the same crime, transaction, or omission.

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due process

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Law in its regular course of administration through the courts of justice. The guarantee of due process requires that every person have the protection of a fair trial.

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embezzlement

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The fraudulent appropriation by a person for his/her own use or benefit of property or money entrusted to him/her by another.

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equitable action

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An action which may be brought for the purpose of restraining the threatened infliction of wrongs or personal injuries and the prevention of threatened illegal action.

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expert evidence

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Testimony given in relation to some scientific, technical, or professional matter by experts; i.e., persons qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject

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expunge

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The act of physically destroying files, records, or information; for example, upon judicial order.

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extenuating circumstances

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Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be

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extortion, theft by

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Unlawfully obtaining property from another by threat. The threat, regardless of its nature must induce an "oppressive condition or circumstance;" e.g., threatening to inflict injury, or to accuse, or to expose a secret that tends to subject a person to hatred, contempt, or ridicule.

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extradition

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The surrender by one state to another of an individual accused or convicted of an offense outside its own territory and within the territorial jurisdiction of the other.

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fair preponderance

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Evidence sufficient to convince the triers of fact that the party who has the burden of doing so has established its case.

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false arrest

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Any unlawful physical restraint of another's liberty, whether in prison or in custody.

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feigned accomplice

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One who, under the direction of a law enforcement officer or upon his/her own initiative, pretends complicity in a crime in order to detect the perpetrator. As such, there is no criminal intent on the part of a feigned accomplice, nor does his/her activity generally constitute entrapment.

A feigned accomplice is different from an accomplice. A feigned accomplice may cooperate in the commission of a crime for the purpose of apprehending or securing evidence against the guilty party and is not guilty of the offense committed.

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felony

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A crime of a graver nature than a misdemeanor. Generally, an offense punishable by death or imprisonment in a penitentiary.

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fence

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A receiver of stolen goods. Typically this is someone who receives the stolen property for sale or distribution.

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forgery

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The false making or material altering, with intent to defraud, of any writing which, if genuine, might be the foundation of a legal liability.

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fraud

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An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right, or in some manner to do him/her injury.

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frisk

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To run the hands quickly over another's person in search of weapons or contra ban; a "pat down" search.

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garnishment

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A proceeding whereby property, money, or credits of a debtor, in possession of another (the garnishee), are applied to the debts of the debtor.

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habitual criminal

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A person who has received two previous convictions on separate felony charges. Such a person shall be drudged a habitual criminal and may be punishable by imprisonment in the state prison for life.

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inadmissible

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That which, under the established rules of evidence, cannot be admitted or received into a court of law.

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incompetent evidence

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Evidence which is not admissible under the established rules of evidence.

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indictment

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An accusation in writing found and presented by a grand jury, charging that a person therein named has done some act or been guilty of some omission which, by law, is a crime.

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injunction

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A mandatory or prohibitive writ issued by a court.

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instruction

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A direction given by the judge to the jury concerning the law of the case.

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interrogatories

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Written questions propounded by one party and served on an adversary, who must provide answers thereto under oath.

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libel

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A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another.

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limitation

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A certain time allowed by statute in which litigation must be brought.

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litter

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Rubbish, refuse, waste material, offal, paper, glass, cans, bottles, trash, debris, or any foreign substance of whatever kind or description and whether or not it is of value

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magistrate

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An officer having power to issue a warrant for the arrest of a person charged with a public offense.

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malfeasance

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The commission of some act which is prohibited by law.

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malice

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Intent to commit an unlawful act or cause harm without legal justification or excuse.

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mandamus

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The name of a writ which issues from a court of superior jurisdiction, directed to an inferior court, commanding the performance of a particular act.

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misfeasance

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A misdeed or trespass. The improper performance of some act which a person may lawfully do.

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mistrial

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An erroneous or invalid trial; a trial which cannot stand in law because of lack of jurisdiction, wrong drawing of jurors, or disregard of some other fundamental requisite.

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motive

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The general class or type of property taken or the reason why the offense was committed. In crimes where property is taken, the motive will be the type of property taken. The specific type of property which the thief desired to acquire might include money, jewelry, clothing, or narcotics.

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motor vehicle non-traffic accident

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Any motor vehicle accident occurring entirely at a place other than on a highway.

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necessarily included offenses

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Where an offense cannot be accomplished without necessarily committing another offense, the latter is necessarily included offense. For example, every battery includes an assault. Murder included manslaughter.

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negligence

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The omission to do something which a reasonable person, guided by ordinary considerations, would do; or the doing of something which a reasonable and prudent person would not do.

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nightstick

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A deadly weapon; a long, heavy club usually carried by a law enforcement officer.

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no bill

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This phrase, endorsed by a grand jury on an indictment, is equivalent to "not found" or "not a true bill." It means that, in the opinion of the jury, evidence was insufficient to warrant the return of a formal charge.

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nolo contendere

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A pleating usually used by defendants in criminal cases, which literally means "I will not contest it."

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noxious substance

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Any substance capable of generating offensive, noxious, or suffocating fumes, gases, or vapors.

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obscene

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The predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving minors.

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opinion evidence

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Evidence of what the witness thinks or believes in regard to facts in dispute, as distinguished from his/her personal knowledge of the facts; not admissible except (under certain limitations) in the case of experts.

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ordinance

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A legislative enactment by a municipality (e.g., local curfew, parking violations); a local law as opposed to a state statute.

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parole

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Release of a person from a penal institution prior to expiration of the maximum period of imprisonment; a conditional release from prison subject to return upon violation.

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parties

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The persons who are actively concerned in the prosecution or defense of a legal proceeding.

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peremptory challenge

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The challenge which the prosecution or defense may use to reject a certain number of prospective jurors without assigning cause.

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plaintiff

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A person who brings an action; the party who complains or sues in a personal action and is so named on the record.