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Legal Definitions: (L through Z)

malpractice -- Any professional misconduct or unreasonable lack of skill in a professional duty.

misdemeanor -- Less serious type of crime that can lead to imprisonment for up to one year.

negligence -- Carelessness or lack of care. A person is negligent if she or he fails to act reasonably or take reasonable precautions.

offender -- The alleged perpetrator or criminal.

paternity -- Fatherhood.

persecution -- (In asylum proceedings) The infliction of serious suffering or harm, caused by government action or inaction, upon people who differ in a way regarded as offensive (race, religion, nationality, membership in a particular social group, or political opinion) in a manner condemned by civilized governments.

petition -- A request to a court. (Also sometimes called and "application.")

plea -- The defendant's response to a criminal charge, generally guilty or not guilty.

plea-bargaining -- The process through which the prosecutor and the defense attorney try to reach an agreement where the defendant pleads guilty in exchange for a lesser sentence.

probable cause -- Sufficient reason based upon known facts to believe a crime has been committed, or that certain property is connected with a crime. Probable cause means there is more evidence for than against. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime.

prosecute -- To try to get a court to declare someone guilty of a crime. A district attorney prosecutes cases against persons thought to have committed violations of state criminal law.

prosecutor -- The attorney who represents the state and the victim. He or she tries to present evidence to prove beyond a reasonable doubt that the defendant committed the crime as charged. A prosecutor will be assigned for criminal cases but not civil ones. protection order,

order of protection -- A court demand for someone to behave in a certain way and to stop violations of laws or court orders. A court can issue a protection order preventing someone from visiting someone else. Also called restraining order.

public defender -- An attorney or staff of attorneys having responsibility for the legal defense of those charged with a criminal offense who are unable to afford or obtain legal assistance.

punitive damages -- See "damages."

refugee -- A person outside his or her own country who is unable or unwilling to avail himself
or herself of the protection of that country because of persecution, or a well founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion.

regulations -- Operating procedures of government agencies.

restraining order -- A court demand for someone to behave in a certain way and to stop violations of laws or court orders. A court can issue a restraining order preventing someone from visiting someone else. Also called protection order, order of protection, etc.

sentence -- The punishment or penalty that the judge gives to a person who has plead guilty or whom a jury has found guilty.

service of process -- In the context of a restraining order, the actual delivery of court paperwork that informs a person of an upcoming hearing and any temporary restraining orders against him/her. When someone receives this paperwork, s/he has been served.

settlement -- A written compromise reached in a civil case and approved by a judge.

stalking -- Each state defines stalking differently. The Stalking Resource Center of the National Center for Victims of Crime provides stalking-related state and federal statutes and other stalking-related info. The Stalking Resource Center website is at www.ncvc.org/src/index.html.

state -- Government; society; a group of people living under a single government; the United States or one of the 50 states.

statutes -- Laws passed by state or federal legislators. You can research them in law libraries or on the internet. The constitution is supreme over all statutes, and statutes have more authority than regulations.

subpoena -- An order of the court that commands a witness to appear at a certain time and place to give testimony about a specific matter or case. Any person who fails to appear as required by the subpoena may be punished as contempt of court.

suspend -- To stop temporarily or to postpone on certain conditions.

testify -- To give evidence under oath in a legal proceeding.

trial -- The process through which a prosecuting attorney and a defense attorney both have the opportunity to prove their sides of the case. tribal justice system -- The term ''tribal court'', ''tribal court system'', or ''tribal justice system'' means the entire judicial branch, and employees thereof, of an Indian tribe, including, but not limited to, traditional methods and for a for dispute resolution, trial courts, appellate courts, including inter-tribal appellate courts, alternative dispute resolution systems, and circuit rider systems, established by inherent tribunal authority whether or not they constitute a court of record.

vacate -- to cancel or set aside.

verdict -- The decision made by the jury in a trial as to the guilt or non-guilt of the defendant.

violation -- An act that is against the law for which the state can imprison an individual for up to 15 days, but not more.

voir dire -- The process through which the prosecution and defense attorneys question and select jurors for a trial.

witness -- A person who testifies as to his or her knowledge of the facts related to a particular case.

waive -- To give up certain rights or responsibilities. (Examples: To "waive" your right to an attorney means you are giving up that right. You can also ask the court to "waive" any fees if you can't pay them. The court then gives up its right to collect fees from you.)

*The information on this website is for informational purposes only and does not constitute legal advice