capital punishment
n. punishment by death, as ordered by a legal system.
  Capital punishment is still possible in over thirty states in the United States.

case
n. This is one of those terms that has several meanings. Technically, a case is a dispute between two or more parties. "Case" also refers to the opinion of a court and its ruling on a particular set of facts and legal issues. Thus, a casebook for a class is a collection of opinions. Case, judgment, ruling, opinion, and decision are often used interchangeably.
  The O.J. Simpson case fascinated the entire country that summer.
  She won her case before the lower court, but lost on appeal.
  The case will probably go before the Supreme Court next year.
  In a democracy, judges are supposed to decide cases strictly on their merits.

 

case law (sometimes caselaw or case-law) n. uncountable - Law that has been established by following legal decisions made by judges in earlier cases. — see landmark
  Case law has been instrumental in the creation of European Union law.

cause of action
n. The charges (or "counts") that make up the case or lawsuit.
The points a plaintiff must prove to win a given type of case are called the "elements" of that cause of action.

  For the cause of action of negligence, for example, the elements are existence of a duty, breach of that duty, causation by that breach, and damages suffered by the plaintiff.

 

charge
v. to formally accuse someone of doing something illegal — see accuse
  He was charged with murder. (charged with murdering his wife)
n. formal accusation of a crime
  The charges against him were reduced because he cooperated with the prosecution.

  He has been arrested on a charge of burglary.

civil adj.
1) Civil law is the law that applies to private rights as opposed to the law that applies to criminal matters.

  The United States had preserved the right to a jury in civil cases.
2) Civil law may also refer to the body of law developed from Roman law and used in places such as Louisiana, continental Europe, and in many other countries outside of the English-speaking world — see common law
  France is usually described as a country of civil law as opposed to a country of common law.

 

claim
v. If you claim something, you try to get it because you think you have a right to it.
  She intends to claim for damages against the doctor who cut off the wrong leg.
n.
  She made a claim for damages, but the court found that she, and not the other driver, had been negligent.

  A Texas jury found Andrea Yates guilty of capital murder Tuesday, rejecting her claim that she was insane when she drowned her five children in a bathtub last summer.
claimant (UK) n. a person who asks for something which they believe belongs to them or which they have a right to (see plaintiff)
  The claimants allege that the defendant sold them a dangerous product.

commit
v. If someone commits a crime, they do something illegal.
  He was sent to prison for committing murder, but he was later proven innocent through DNA evidence.

common law
This important term can have at least three meanings:
1) n. legal rules that come from court decisions and not from statutes or constitutions.
  Most rules in contract law are common law rules.
2) adj. having to do with legal systems such as England and Wales, or countries which evolved from that system (for example, Ireland, the United States, Canada, Australia, and New Zealand)
  The United States, the United Kingdom, and most Commonwealth countries have a common law system as contrasted with the civil law systems of other European countries.
3) Within the English legal system, the part of the law developed in common law courts as opposed to other courts such as the courts of equity which emerged in the 15th and 16th centuries to correct certain defects in the common law court system.
  Article VII of the U.S. Constitution provides for jury trials in all suits at common law.

 

complaint
n. U.S. in civil cases, a written statement filed by the plaintiff that starts a case. It says what the plaintiff thinks the defendant did and asks the court for help. Also called the "initial pleading" or “petition." A complaint is also used to start a criminal case. — see claim
  The complaint for declaratory judgment" was filed in the U.S. District Court for the Northern District of California on December 9,1988.
n.b. You file a complaint

 

condemn (to death, to life imprisonment)
v. to say what the punishment of someone who has committed a serious crime will be. He was condemned to death, but later received a pardon from the governor.
CAREFUL : a false friend, see convict

 

contract
n. contract - a legally enforceable agreement
  I signed a contract to buy a new car, but now I think I might have made a mistake.
  Steelworkers at the nation's sole builder of aircraft carriers voted by a margin of more than 2-1 to approve a proposed contract that would increase wages and pension benefits.
v. contract
adj. contractual
  The company has not respected all of its contractual obligations, so it is being sued for breach of contract.

convict (someone of something)
v. If someone is convicted of a crime, he is found guilty. (contrast condemn) [opp. acquit]
  The jury convicted him of murder (of killing his wife) and sentenced him to life imprisonment.
n. conviction
  The decision upholds the second-degree murder conviction of a Los Angeles County man who was 17 at the time of the crime.
convict
n. a person found guilty of a crime and sent to prison
  The escaped convict held the motorist hostage.

 

copyright
n. the legal right to control the production and sale of a book, play, film, photograph or piece of music
  The musician threatened to bring an action against the site for breach of copyright.

nb. the verb usually used here is breach (a contract)

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counsel
n. legal advisor, lawyer — see also attorney, barrister, lawyer, solicitor
  The Vienna Convention, ratified by the Senate in 1969, was designed to ensure that foreign nationals accused of a crime are given access to legal counsel by a representative from their home country.

court
n. A judge or group of judges whose job is to hear cases and carry out justice. — see tribunal
  Teenagers could be involved in delivering justice in a ground-breaking scheme for a new style of "community" court being considered by the Government.
  Yahoo Inc.'s attempt to protect itself against a French court's order forbidding auctions of Nazi memorabilia failed in the 9th U.S. Circuit Court of Appeals Monday.
  In all but exceptional circumstances, the law rightly assumes that juries give their verdicts according to the evidence they see and hear in court. (no article before court !)
  Mr. Benham had no legal representation in court because legal aid is not available to anyone accused of failure to pay tax.

 

crime
n. Something you do, or don't do, that breaks a law that says you can't do it or must do it. If you are found guilty, you can be punished by one or more of the following: death, jail or prison, fine, being removed from office, being unable to hold any office of honor, trust, or profit
  Under the Fourth Amendment, which protects against "unreasonable searches and seizures," the police have authority to seize a suspect by arresting him only when they have probable cause to believe that he has committed a crime.
criminal n. Someone who has been convicted of a criminal offense
criminal adj.
  On 16 September, the court will hear the defense's motion for a new trial and its second motion for acquittal under Rule 29 of U.S. federal rules of criminal procedure.

custody
n. (1) when someone is under the physical control of the court to make sure they go to court when they're supposed to
  The suspect is in the custody of police.
  In Atwater v. Lago Vista, the court said it was okay for police to take a driver into custody for violating a seat belt law.
(2) when the court imprisons a person after they are found guilty of a crime
(3) the care and control of children.
  The mother was awarded custody of the children after the divorce.
  The Supreme Court ruled that Newdow lacked standing to sue because he did not have legal custody of his daughter.
(4) or by extension, the control of pets
  Three years ago a Virginia woman ...who had gone through a three-year legal battle with her ex-husband over their dog, started a Web site to help others involved in pet-custody disputes.
custodial adj.
  California law is clear that both parents, custodial and noncustodial, have an equal say in the religious upbringing of their child.
  Offenders are not immediately given a custodial sentence, but are put under supervision and treatment orders, which means they are regularly tested to see if they are using drugs.