GLOSSARY

 

A

Abduction:
Taking or carry away by force. This taking may be by means of fraud, persuasion or open violence. Its object may be a child, ward, wife etc., but the offense is against the family relationship & not the person taken.
 
Acquit:
To set free or judicially discharge from an accusation. The individual is released or discharged without any further prosecution for the same act or transaction.
 
Aggravated:
Circumstances surrounding the commission of a crime or tort, which increase or add to its injurious consequences.
 
Ajudicated Guilty:
The defendant has been found guilty of the charges.
 
Ajudication:
The determination of a judgment.
 
Ajudication Withheld:
The court does not give a final judgment regarding the case. The defendant is given probation, a program or community service in which they have a specified amount of time to complete. If the defendant complies, the case may be dismissed. If the defendant is found in violation, the case disposition may be changed and the defendant can be found guilty.
 
AKA/Alias:
An indication that a person is known by more than one name. AKA stands for also known as.
 
Appeal:
A resort to a superior court to review the decision of a lower court.
 
Applicant Tracking System(ATS):
Any system, whether in paper or software form, that manages both an organization's job posting and data collection (i.e., resume/applications) process to efficiently match prospective candidates to the proper positions.
 
Archives:
The place where records are stored after a certain specified period of time. The period of time a record is held at a court of record may differ between courts and states.
 
ARD Program:
"Accelerated Rehabilitative Disposition Program." This program is given to the defendant in place of adjudication. If the defendant completes the program, the case is closed.
 
Arraignment:
An initial step in the criminal process wherein the defendant is formally charged.
 
Arrest:
To take or hold a suspected criminal with legal authority.
 
Arson:
The crime of maliciously, voluntarily, and willfully setting fire to building, buildings, or other property of another or of burning one's own property for an improper purpose, as to collect insurance.
 
Assault:
An attempt or threat, with unlawful force, to inflict bodily injury upon another, accompanied by the apparent ability. Aggravated assault is an assault where serious bodily injury is inflicted.
 
 

B

Battery:
The unlawful and unwanted touching or striking of one person by another, with the intention of bringing about a harmful or offensive contact.
 
Bench Trial:
Trial by judge, without jury.
 
Bench Warrant:
An order from the court empowering the proper legal authorities to seize a person.
 
Blackmail:
A demand for money or property under threat of harm or exposure of undesirable acts.
 
Bond:
Written instrument with sureties guaranteeing faithful performance of acts or duties.
 
Bond Forfeiture:
The forfeiture of cash or surety posted for release on bail.
 
Burglary:
Breaking and entering any building with the intent to commit a felony.
 
 

C

Capias:
Latin meaning "That You Take". This is the name for several types of writs, which require that a law enforcement official take a named defendant into custody.
 
Carnal Knowledge:
Sexual intercourse
 
Chain of Custody:
The procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed.
 
Charge:
In criminal law, a charge is an allegation that an individual has committed a specific offense.
 
Citation:
A notice to appear in court due to the probable commission of a minor crime.
 
Civil Action:
Action maintained to protect a private, civil right, or to compel a civil remedy, as distinguished from a criminal prosecution.
 
Coercion:
Any form of compulsion or constraint which compels or induces a person to act otherwise than freely.
 
Collection site:
A place selected by the employer where employees present themselves for the purpose of providing a urine specimen for a drug test.
 
Complainant:
The party who complains or sues. The one who applies to the Court for legal redress; Plaintiff.
 
Concurrent Sentences:
Two or more terms of imprisonment served simultaneously.
 
Conditional Discharge:
A suspended sentence on particular conditions for a period expressly fixed by the court or by statute.
 
Consecutive Sentences:
Multiple sentences, served one after the other.
 
Consent Judgment:
A judgment issued by a judge based on an agreement between the parties to a lawsuit to settle the matter, aimed at ending the litigation with a judgment that is enforceable.
 
Conspiracy:
A combination of two or more persons to commit a criminal or unlawful act.
 
Contempt of Court:
An act committed which serves to obstruct the court in its administration or authority.
 
Controlled Substance:
A drug whose availability is restricted by law.
 
Conversion:
The deprivation of another's property without his authorization or justification.
 
Conviction:
The verdict that results when a court of law finds a defendant guilty of a crime.
 
Credit Card Fraud:
Use or attempted use of a credit card to purchase goods or services with the intent to avoid payment of such.
 
Crime Against Nature:
A form of sexual behavior that is not considered natural.
 
Criminal Non-support:
The failure to provide support that one can provide and that one is legally obliged to provide to a spouse, child or other dependent.
 
 

D

Dangerous Weapon:
Almost any instrument which is used or attempted to be used which has the potentiality to cause serious bodily injury or endanger a life.
 
Deadly Weapon:
Any instrument that is capable of producing death or serious bodily injury. Any object designed, made or adapted for the purposes of inflicting death or serious injury.
 
Default Judgment:
A binding judgment rendered because of the defendant's failure to answer or appear.
 
Defendant:
Defendant is a person who has been formally charged or accused of violating a criminal statute.
 
Deferred Adjudication/Judgment:
The final judgment is delayed for a period of time. If the period of deferment is completed without incident, the charges are usually dropped and the case is dismissed.
 
Degree:
The measure of the seriousness of a criminal act, which determines the range of criminal sanctions that may be imposed.
 
Dilute specimen:
A specimen with creatinine and specific gravity values that are lower than expected for human urine.
 
Directed Verdict:
A verdict entered in a jury trial by the court, without consideration by the jury. Directed verdict is issued because the facts elicited during the trail, together with the applicable law, made it clear that the directed verdict was the only one which could have been reasonably returned.
 
Dismissal:
Termination of an action or claim without further hearing.
 
Dismissal With Leave:
Usually considered an adjudication upon the merits and will operate as a bar to future action.
 
Dismissal Without Leave:
A dismissal that does not affect right or remedy of the parties. The dismissal does not bar a subsequent suit on the same cause of action.
 
Disposed/Disposition:
The final settlement.
 
Diversion Program:
Diversion refers to diverting a defendant out of the criminal justice system by having them complete a diversion program rather than be incarcerated or serve another alternative sentence. Criminal charges are typically dropped when a defendant successfully completes a diversion program.
 
 

E

Equal Employment Opportunity (EEO):
A system of employment practices regulated by the EEOC under which individuals are not excluded from any participation, advancement, or benefits due to race, color, religion, sex, national origin, or any other action that cannot lawfully be the basis for employment actions.
 
Equal Employment Opportunity Commission (EEOC):
The federal agency responsible for administration of several statutes that prohibit discrimination; has power to subpoena witnesses, issue guidelines that have the force of law, render decisions, provide technical assistance to employers, and provide legal assistance to complainants.
 
Ex parte:
An ex parte judicial proceeding is one brought for the benefit of one party only, without notice or challenge by an adverse party.
 
Expunge/Expunged:
When a record of an offense is expunged it will not appear on a released criminal history. The record may be destroyed or sealed after a certain period of time.
 
Extortion:
The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
 
Extradition:
The surrender of an individual accused or convicted of a crime by one state to another.
 
 

F

Fair Credit Reporting Act (FCRA):
The FCRA is designed to protect individuals, by promoting accuracy, fairness, and privacy of information in the files of every Consumer Reporting Agency (CRA). Companies that perform pre-employment screening services are governed by the FCRA, as are the employers that use background screening services.
 
Federal Courts:
The courts of the United States as distinguished from the courts of the individual states.
 
Felony:
A serious crime, characterized under federal law and many state statutes as any offense punishable by death or imprisonment in excess of one year.
 
Forcible Entry:
Entry on real property in the possession of another, against his will and without authority.
 
Fraud:
Intentional deception resulting in injury to another.
 
 

G

Grand Jury:
A body of persons with the authority to investigate and accuse, but not to try cases. The grand jury will listen to and review evidence to see if it there is sufficient grounds to bring an individual to trial. If the grand jury decides the evidence is strong enough to hold a suspect for trial, it returns a bill of indictment (a true bill) charging the subject with a specific crime.
 
Gross Misdemeanor:
Serious misdemeanor.
 
Guilty in Absentia:
The jury has found the defendant guilty without them having appeared in court.
 
 

H

Habitual Offender:
A person convicted on numerous occasions. Habitual offenders are subject to an extended term of imprisonment under the habitual offender laws of many jurisdictions.
 
Hijacking:
The commandeering or seizure of a mode of transportation by force or threat of force for illegal purposes.
 
Homicide:
Any killing of a human being by another human being.
 
 

I

Indictment:
The formal written accusation of a crime, made by a grand jury and presented to a court for prosecution against the accused person.
 
 

J

Judgment:
The determination of a court of competent jurisdiction upon matters submitted to it.
 
 

K

Kidnapping:
Taking and carrying away a person by force, fraud, threats or intimidation. Unlawfully confining a person for a substantial period of time in an isolated place.
 
 

L

Larceny:
The unlawful taking of another person's property. Larceny is commonly classified as "petty" or "grand" depending on the value of the property. Dollar values to establish classifications of "petty" and "grand" may vary from state to state.
 
 

M

Manslaughter:
The unlawful killing of a person without malice aforethought.
 
Mayhem:
The crime of maliciously injuring a person's body, esp. to impair or destroy the victim's capacity for self-defense.
 
Medical Review Officer (MRO):
A person who is a licensed physician and who is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results.
 
Misdemeanor:
A class of criminal offenses less serious than felonies and which have less severe penalties.
 
Murder:
The unlawful killing of a human being with malice aforethought.
 
 

N

No Contest / Nolo Contendere:
A plea in which the defendant does not contest the charge. This has the same effect as a guilty plea except the conviction cannot be used against the defendant in a civil suit.
 
No Papered / No Bill:
A grand jury's notation that insufficient evidence exists for an indictment on a criminal charge.
 
Nolle Prosequi:
The formal entry of a declaration that a case will not be further prosecuted.
 
Nolo Contendre - Conviction:
Latin for "No Contest". The defendant has pled no contest to the charges against him or her, therefore the court finds them guilty.
 
Nonsuit:
A judgment rendered against a plaintiff who fails to proceed to trial or is unable to prove his case.
 
 

O

Order:
A direction by the court on some matter incidental to the main proceedings.
 
 

P

Pandering:
The act or offense of recruiting a prostitute, finding a place of business for a prostitute or soliciting customers for a prostitute.
 
Parole:
The release of a prisoner from imprisonment before the full sentence has been served.
 
Perjury:
The criminal offense of making false statements under oath.
 
Plaintiff:
The one who initially brings the suit.
 
Pre-Trial Intervention/Diversion:
A program the defendant is placed in before going to trial. If the defendant complies with terms, no conviction will enter.
 
Probation:
A procedure whereby a defendant found guilty of a crime is released by the court without imprisonment. Probation is subject to conditions imposed by the court.
 
 

Q

Quash:
To annul, overthrow or vacate by judicial decision.
 
 

R

Racketeering:
An organized conspiracy to commit extortion.
 
Remand:
To send back.
 
Restraining Order:
An order prohibiting a specified action until such time that a hearing on an application for an injunction can be held.
 
 

S

Sentence:
The punishment ordered by a court.
 
SSL (Secure Sockets Layer) encryption:
A protocol designed to provide secure encrypted communication over the Internet.
 
Stet Docket :
Case will not be prosecuted at this time. The case will be held open for 1 year. If no infractions within the 1 year period, the case will be dismissed.
 
Stricken Off Leave:
The case has been stricken off docket with the ability to reinstate at a later date if deemed that the case can be prosecuted.
 
 

T

Tort:
A private of civil wrong or injury resulting from a breach of legal duty.
 
 

U

Uttering:
The passing or attempt to pass a forged instrument. Uttering includes the element of fraudulent intent to injure another.
 
 

V

Vacate:
To set aside.
 
Verdict:
The finding of a jury.
 
 

W

Waived:
The defendant has waived his / her right to trial and has pled guilty to the charges. In turn, the court accepts the plea of guilty.
 
Warrant:
An order of the court directing the sheriff or other officer to seize a particular person to answer a complaint.
 
 

X

XML:
Short for Extensible Markup Language. XML is a language designed especially for Web documents. It enables the definition, transmission, validation, and interpretation of data between applications and between organizations.
 
 

Y

Youthful Offender:
For the purpose of sentencing, one who is older that a juvenile but younger than an adult.
 
 

Z

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