WE THE PEOPLE LEGAL PRIMER Forms Of Address And Salutations ...... 67 The Constitution Of The United States Of America ...... 2 English Grammar And Usage ...... 68 Amendments To The Constitution ...... 5 Your Health And Your Freedom ...... 70 The Bill Of Rights For Criminal Defendants ...... 7 The Strangest Secret In The World ...... 71 An Overview Of State Constitutions...... 7 Desiderata ...... 71 Interpretations Of The Constitution ...... 7 The History Of Law ...... 8 ADDITIONAL LEGAL INFORMATION ...... 72 Speeches And Other Writings ...... 11 Protecting Your Rights In Prison: ...... 72 The American Republic: Division Of Power ...... 12 After Your Release ...... 73 Basic Judicial Doctrines ...... 12 The Structure Of The Federal Judiciary ...... 12 NATIONAL PRISONER RESOURCE LIST ...... 73 The Jurisdiction Of The Federal Judiciary ...... 13 Artists & Writers In Prison ...... 73 The Structure Of The State Judiciaries ...... 13 Correspondence/Higher Education ...... 73 Federal Appellate Procedure ...... 14 Friends & Families ...... 73 The Writ Of Habeas Corpus...... 16 Gay, Lesbian, Bisexual, & Transgender ...... 74 Due Process Of Law ...... 16 Information Services ...... 74 United States District Court Prisoner’s Pro Se Handbook ....18 Legal Publications & Education ...... 75 Post-Conviction Remedies ...... 24 Prisoner Support ...... 75 Cleaning Up A Criminal Record ...... 24 Prisons, Justice, And Politics ...... 76 Thinking And Logic In The Practice Of Law ...... 25 Religion & Spiritual Materials ...... 76 The Proper Mentality For Legal Research ...... 26 Vocational & Career Training Resources ...... 77 Justice: A View By Organizational Science ...... 27 Women’s Resources ...... 77 How To Shepardize®...... 28 Miscellaneous ...... 77 West’s Key Number System ® ...... 30 Free Books To Prisoners Programs ...... 78 Citations: Reading And Writing ...... 31 Courtroom Etiquette ...... 33 WHAT IS THE PRISON BOOK PROGRAM ...... 80 Dictionary Of Legal Words And Phrases ...... 34 Who is Lucy Parsons and the Lucy Parsons Bookstore? ...... 80 Dictionary Of Abbreviations And Symbols ...... 59 Who Can Request Books? ...... 80 Dictionary Of Latin Words And Phrases ...... 59 How To Request Books From Prison Book Program ...... 80 Legislative Words And Phrases ...... 63 Help Us Out ...... 80 Legal Quotations ...... 63

FIRST EDITION CONDENSED COMMENTS AND REQUESTS TO: DISCLAIMER RECOMMENDED LEGAL ADVICE First Edition Condensed — May 2004 Legal Primer The author of the We the People Legal Incarcerated pro se defendants should Copyright © 2004 All Rights Reserved. c/o Prison Book Program Primer has endeavored to make this obtain legal advice from primary and A free primer. For imprisoned people only, 1306 Hancock Street, Suite 100 primer as accurate and complete as secondary authorities (publications), who can reproduce it without permission. Quincy, MA 02169 possible. However, readers must not cite lawyers, legal associations, law school [email protected] it or rely upon it as legal authority. students, and jailhouse lawyers.

INTRODUCTION SUPREME POWER SUPREME LAW THE WE THE PEOPLE LEGAL PRIMER HOLISTIC VISION Democracy means a form of government Law differs from power. The people, The American people declare the This primer provides a holistic view in which the sovereign power resides in through their supreme power, create and Constitution of the United States of of pro se legal research by addressing the citizens either directly or indirectly empower law — meaning rules that all America as “the supreme law of the land;” all aspects of the law — the physical, the through a system of representation. people must obey in order to protect the with the powers of the federal and state mental, the emotional, and the spiritual. Thomas Jefferson, the primary author of freedoms and rights of everyone. In legislatures, executives, and judiciaries the Constitution of the United States and Article VI of the Constitution of the United depending from it. With this in mind, the OUR WORLD the third President of the United States, States of America, the authors, in We the People Legal Primer begins with Our world, after all, consists of people. referred to the American people as the representing the people, wrote: the Constitution of the United States of All the laws, technologies, and good surely permanent “repository” (security vault) of “This Constitution ... shall be America, and it borrows the Constitution’s amount to nothing if they do not further the the supreme power in the United States. the supreme law of the land...” first three words for use in its title. lives of the people.  ` August 2019 first election, they shall be divided as equally secrecy; and the yeas and nays of the THE CONSTITUTION OF as may be into three classes. The seats of members of either House on any question THE UNITED STATES OF the Senators of the first class shall be shall, at the desire of one fifth of those AMERICA vacated at the expiration of the second year, present, be entered on the journal. —— of the second class at the expiration of the Neither House, during the session of of the United States, in fourth year, and the third class at the Congress, shall, without the consent of the order to form a more perfect union, establish expiration of the sixth year, so that one third other, adjourn for more than three days, nor justice, insure domestic tranquility, provide may be chosen every second year; and if to any other place than that in which the two for the common defense, promote the vacancies happen by resignation, or Houses shall be sitting. general welfare, and secure the blessings of otherwise, during the recess of the Section 6. The Senators and liberty to ourselves and our posterity, do legislature of any state, the executive thereof Representatives shall receive a ordain and establish this Constitution for the may make temporary appointments until the compensation for their services, to be United States of America. next meeting of the legislature, which shall ascertained by law, and paid out of the Article One then fill such vacancies. —— No person treasury of the United States. They shall in Section 1. All legislative powers herein shall be a Senator who shall not have all cases, except treason, felony and breach granted shall be vested in a Congress of the attained to the age of thirty years, and been of the peace, be privileged from arrest during United States, which shall consist of a nine years a citizen of the United States and their attendance at the session of their Senate and House of Representatives. who shall not, when elected, be an respective Houses, and in going to and inhabitant of that state for which he shall be Section 2. The House of Representatives returning from the same; and for any speech chosen. —— The Vice President of the or debate in either House, they shall not be shall be composed of members chosen United States shall be President of the every second year by the people of the questioned in any other place. —— No Senate, but shall have no vote, unless they Senator or Representative shall, during the several states, and the electors in each state be equally divided. —— The Senate shall shall have the qualifications requisite for time for which he was elected, be appointed choose their other officers, and also a to any civil office under the authority of the electors of the most numerous branch of the President pro tempore, in the absence of the state legislature. —— No person shall be a United States, which shall have been Vice President, or when he shall exercise created, or the emoluments whereof shall Representative who shall not have attained the office of President of the United States. to the age of twenty five years, and been have been increased during such time: and —— The Senate shall have the sole power no person holding any office under the seven years a citizen of the United States, to try all impeachments. When sitting for that and who shall not, when elected, be an United States, shall be a member of either purpose, they shall be on oath or affirmation. House during his continuance in office. inhabitant of that state in which he shall be When the President of the United States is chosen. —— Representatives and direct tried, the Chief Justice shall preside: And no Section 7. All bills for raising revenue shall taxes shall be apportioned among the person shall be convicted without the originate in the House of Representatives; several states which may be included within concurrence of two thirds of the members but the Senate may propose or concur with this union, according to their respective present. —— Judgment in cases of amendments as on other Bills. —— Every numbers, which shall be determined by impeachment shall not extend further than to bill which shall have passed the House of adding to the whole number of free persons, removal from office, and disqualification to Representatives and the Senate, shall, including those bound to service for a term hold and enjoy any office of honor, trust or before it become a law, be presented to the of years, and excluding Indians not taxed, profit under the United States: but the party President of the United States; if he approve three fifths of all other Persons. The actual convicted shall nevertheless be liable and he shall sign it, but if not he shall return it, Enumeration shall be made within three subject to indictment, trial, judgment and with his objections to that House in which it years after the first meeting of the Congress punishment, according to law. shall have originated, who shall enter the of the United States, and within every objections at large on their journal, and subsequent term of ten years, in such Section 4. The times, places and manner of proceed to reconsider it. If after such manner as they shall by law direct. The holding elections for Senators and reconsideration two thirds of that House number of Representatives shall not exceed Representatives, shall be prescribed in each shall agree to pass the bill, it shall be sent, one for every thirty thousand, but each state state by the legislature thereof; but the together with the objections, to the other shall have at least one Representative; and Congress may at any time by law make or House, by which it shall likewise be until such enumeration shall be made, the alter such regulations, except as to the reconsidered, and if approved by two thirds state of New Hampshire shall be entitled to places of choosing Senators. —— The of that House, it shall become a law. But in chuse three, Massachusetts eight, Rhode Congress shall assemble at least once in all such cases the votes of both Houses Island and Providence Plantations one, every year, and such meeting shall be on shall be determined by yeas and nays, and Connecticut five, New York six, New Jersey the first Monday in December, unless they the names of the persons voting for and four, Pennsylvania eight, Delaware one, shall by law appoint a different day. against the bill shall be entered on the Maryland six, Virginia ten, North Carolina Section 5. Each House shall be the judge of journal of each House respectively. If any bill five, South Carolina five, and Georgia three. the elections, returns and qualifications of its shall not be returned by the President within —— When vacancies happen in the own members, and a majority of each shall ten days (Sundays excepted) after it shall Representation from any state, the executive constitute a quorum to do business; but a have been presented to him, the same shall authority thereof shall issue writs of election smaller number may adjourn from day to be a law, in like manner as if he had signed to fill such vacancies. —— The House of day, and may be authorized to compel the it, unless the Congress by their adjournment Representatives shall choose their speaker attendance of absent members, in such prevent its return, in which case it shall not and other officers; and shall have the sole manner, and under such penalties as each be a law. —— Every order, resolution, or power of impeachment. House may provide. —— Each House vote to which the concurrence of the Senate Section 3. The Senate of the United States may determine the rules of its proceedings, and House of Representatives may be shall be composed of two Senators from punish its members for disorderly behavior, necessary (except on a question of each state, chosen by the legislature thereof and, with the concurrence of two thirds, adjournment) shall be presented to the , for six years; and each Senator shall have expel a member. —— Each House shall President of the United States; and before one vote. —— Immediately after they keep a journal of its proceedings, and from the same shall take effect, shall be approved shall be assembled in consequence of the time to time publish the same, excepting by him, or being disapproved by him, shall such parts as may in their judgment require be repassed by two thirds of the Senate and A free publication. For imprisoned people only, – page 2 – who can reproduce it without permission. ` August 2019 House of Representatives, according to the Section 9. The migration or importation of electors, equal to the whole number of rules and limitations prescribed in the case such persons as any of the states now Senators and Representatives to which the of a bill. existing shall think proper to admit, shall not State may be entitled in the Congress: but Section 8. The Congress shall have power be prohibited by the Congress prior to the no Senator or Representative, or person to lay and collect taxes, duties, imposts and year one thousand eight hundred and eight, holding an office of trust or profit under the excises, to pay the debts and provide for the but a tax or duty may be imposed on such United States, shall be appointed an elector. common defense and general welfare of the importation, not exceeding ten dollars for —— The electors shall meet in their United States; but all duties, imposts and each person. —— The privilege of the writ respective states, and vote by ballot for two excises shall be uniform throughout the of habeas corpus shall not be suspended, persons, of whom one at least shall not be United States; —— To borrow money on unless when in cases of rebellion or invasion an inhabitant of the same state with the credit of the United States; —— To the public safety may require it. —— No themselves. And they shall make a list of all regulate commerce with foreign nations, and bill of attainder or ex post facto Law shall be the persons voted for, and of the number of among the several states, and with the passed. —— No capitation, or other votes for each; which list they shall sign and Indian tribes; —— To establish a uniform direct, tax shall be laid, unless in proportion certify, and transmit sealed to the seat of the rule of naturalization, and uniform laws on to the census or enumeration herein before government of the United States, directed to the subject of bankruptcies throughout the directed to be taken. —— No tax or duty the President of the Senate. The President United States; —— To coin money, shall be laid on articles exported from any of the Senate shall, in the presence of the regulate the value thereof, and of foreign state. —— No preference shall be given Senate and House of Representatives, open coin, and fix the standard of weights and by any regulation of commerce or revenue all the certificates, and the votes shall then measures; —— To provide for the to the ports of one state over those of be counted. The person having the greatest punishment of counterfeiting the securities another: nor shall vessels bound to, or from, number of votes shall be the President, if and current coin of the United States; —— one state, be obliged to enter, clear or pay such number be a majority of the whole To establish post offices and post roads; — duties in another. —— No money shall be number of electors appointed; and if there — To promote the progress of science and drawn from the treasury, but in consequence be more than one who have such majority, useful arts, by securing for limited times to of appropriations made by law; and a regular and have an equal number of votes, then authors and inventors the exclusive right to statement and account of receipts and the House of Representatives shall their respective writings and discoveries; — expenditures of all public money shall be immediately choose by ballot one of them for — To constitute tribunals inferior to the published from time to time. —— No title President; and if no person have a majority, Supreme Court; —— To define and of nobility shall be granted by the United then from the five highest on the list the said punish piracies and felonies committed on States: and no person holding any office of House shall in like manner choose the the high seas, and offenses against the law profit or trust under them, shall, without the President. But in choosing the President, the of nations; —— To declare war, grant consent of the Congress, accept of any votes shall be taken by States, the letters of marque and reprisal, and make present, emolument, office, or title, of any representation from each state having one rules concerning captures on land and kind whatever, from any king, prince, or vote; A quorum for this purpose shall consist water; —— To raise and support armies, foreign state. of a member or members from two thirds of but no appropriation of money to that use Section 10. No state shall enter into any the states, and a majority of all the states shall be for a longer term than two years; treaty, alliance, or confederation; grant shall be necessary to a choice. In every —— To provide and maintain a navy; — letters of marque and reprisal; coin money; case, after the choice of the President, the — To make rules for the government and emit bills of credit; make anything but gold person having the greatest number of votes regulation of the land and naval forces; — and silver coin a tender in payment of debts; of the electors shall be the Vice President. — To provide for calling forth the militia to pass any bill of attainder, ex post facto law, But if there should remain two or more who execute the laws of the union, suppress or law impairing the obligation of contracts, have equal votes, the Senate shall choose insurrections and repel invasions; —— To or grant any title of nobility. —— No state from them by ballot the Vice President. — provide for organizing, arming, and shall, without the consent of the Congress, — The Congress may determine the time disciplining, the militia, and for governing lay any imposts or duties on imports or of choosing the electors, and the day on such part of them as may be employed in exports, except what may be absolutely which they shall give their votes; which day the service of the United States, reserving to necessary for executing it’s inspection laws: shall be the same throughout the United the states respectively, the appointment of and the net produce of all duties and States. —— No person except a natural the officers, and the authority of training the imposts, laid by any state on imports or born citizen, or a citizen of the United States, militia according to the discipline prescribed exports, shall be for the use of the treasury at the time of the adoption of this by Congress; —— To exercise exclusive of the United States; and all such laws shall Constitution, shall be eligible to the office of legislation in all cases whatsoever, over be subject to the revision and control of the President; neither shall any person be such District (not exceeding ten miles Congress. —— No state shall, without the eligible to that office who shall not have square) as may, by cession of particular consent of Congress, lay any duty of attained to the age of thirty five years, and states, and the acceptance of Congress, tonnage, keep troops, or ships of war in time been fourteen Years a resident within the become the seat of the government of the of peace, enter into any agreement or United States. —— In case of the removal United States, and to exercise like authority compact with another state, or with a foreign of the President from office, or of his death, over all places purchased by the consent of power, or engage in war, unless actually resignation, or inability to discharge the the legislature of the state in which the same invaded, or in such imminent danger as will powers and duties of the said office, the shall be, for the erection of forts, magazines, not admit of delay. same shall devolve on the Vice President, and the Congress may by law provide for arsenals, dockyards, and other needful Article II buildings;—And —— To make all laws the case of removal, death, resignation or which shall be necessary and proper for Section 1. The executive power shall be inability, both of the President and Vice carrying into execution the foregoing vested in a President of the United States of President, declaring what officer shall then powers, and all other powers vested by this America. He shall hold his office during the act as President, and such officer shall act Constitution in the government of the United term of four years, and, together with the accordingly, until the disability be removed, States, or in any department or officer Vice President, chosen for the same term, or a President shall be elected. —— The thereof. be elected, as follows: —— Each state President shall, at stated times, receive for shall appoint, in such manner as the his services, a compensation, which shall Legislature thereof may direct, a number of A free publication. For imprisoned people only, – page 3 – who can reproduce it without permission. ` August 2019 neither be increased nor diminished during establish. The judges, both of the supreme or labor in one state, under the laws thereof, the period for which he shall have been and inferior courts, shall hold their offices escaping into another, shall, in consequence elected, and he shall not receive within that during good behaviour, and shall, at stated of any law or regulation therein, be period any other emolument from the United times, receive for their services, a discharged from such service or labor, but States, or any of them. —— Before he compensation, which shall not be diminished shall be delivered up on claim of the party to enter on the execution of his office, he shall during their continuance in office. whom such service or labor may be due. take the following oath or affirmation:—”I do Section 2. The judicial power shall extend to Section 3. New states may be admitted by solemnly swear (or affirm) that I will faithfully all cases, in law and equity, arising under the Congress into this union; but no new execute the office of President of the United this Constitution, the laws of the United states shall be formed or erected within the States, and will to the best of my ability, States, and treaties made, or which shall be jurisdiction of any other state; nor any state preserve, protect and defend the made, under their authority;–to all cases be formed by the junction of two or more Constitution of the United States.” affecting ambassadors, other public states, or parts of states, without the consent Section 2. The President shall be ministers and consuls;–to all cases of of the legislatures of the states concerned as commander in chief of the Army and Navy of admiralty and maritime jurisdiction;–to well as of the Congress. —— The the United States, and of the militia of the controversies to which the United States Congress shall have power to dispose of several states, when called into the actual shall be a party;–to controversies between and make all needful rules and regulations service of the United States; he may require two or more states;–between a state and respecting the territory or other property the opinion, in writing, of the principal officer citizens of another state;–between citizens of belonging to the United States; and nothing in each of the executive departments, upon different states;–between citizens of the in this Constitution shall be so construed as any subject relating to the duties of their same state claiming lands under grants of to prejudice any claims of the United States, respective offices, and he shall have power different states, and between a state, or the or of any particular state. to grant reprieves and pardons for offenses citizens thereof, and foreign states, citizens Section 4. The United States shall against the United States, except in cases of or subjects. —— In all cases affecting guarantee to every state in this union a impeachment. —— He shall have power, ambassadors, other public ministers and republican form of government, and shall by and with the advice and consent of the consuls, and those in which a state shall be protect each of them against invasion; and Senate, to make treaties, provided two thirds party, the Supreme Court shall have original on application of the legislature, or of the of the Senators present concur; and he shall jurisdiction. In all the other cases before executive (when the legislature cannot be nominate, and by and with the advice and mentioned, the Supreme Court shall have convened) against domestic violence. consent of the Senate, shall appoint appellate jurisdiction, both as to law and fact, ambassadors, other public ministers and with such exceptions, and under such Article V consuls, judges of the Supreme Court, and regulations as the Congress shall make. — The Congress, whenever two thirds of both all other officers of the United States, whose — The trial of all crimes, except in cases of houses shall deem it necessary, shall appointments are not herein otherwise impeachment, shall be by jury; and such trial propose amendments to this Constitution, provided for, and which shall be established shall be held in the state where the said or, on the application of the legislatures of by law: but the Congress may by law vest crimes shall have been committed; but when two thirds of the several states, shall call a the appointment of such inferior officers, as not committed within any state, the trial shall convention for proposing amendments, they think proper, in the President alone, in be at such place or places as the Congress which, in either case, shall be valid to all the courts of law, or in the heads of may by law have directed. intents and purposes, as part of this departments. —— The President shall Section 3. Treason against the United Constitution, when ratified by the legislatures have power to fill up all vacancies that may States, shall consist only in levying war of three fourths of the several states, or by happen during the recess of the Senate, by against them, or in adhering to their conventions in three fourths thereof, as the granting commissions which shall expire at enemies, giving them aid and comfort. No one or the other mode of ratification may be the end of their next session. person shall be convicted of treason unless proposed by the Congress; provided that no Section 3. He shall from time to time give to on the testimony of two witnesses to the amendment which may be made prior to the the Congress information of the state of the same overt act, or on confession in open year one thousand eight hundred and eight union, and recommend to their consideration court. —— The Congress shall have shall in any manner affect the first and fourth such measures as he shall judge necessary power to declare the punishment of treason, clauses in the ninth section of the first article; and expedient; he may, on extraordinary but no attainder of treason shall work and that no state, without its consent, shall occasions, convene both Houses, or either corruption of blood, or forfeiture except be deprived of its equal suffrage in the of them, and in case of disagreement during the life of the person attainted. Senate. between them, with respect to the time of Article IV Article VI adjournment, he may adjourn them to such All debts contracted and engagements time as he shall think proper; he shall Section 1. Full faith and credit shall be given in each state to the public acts, records, and entered into, before the adoption of this receive ambassadors and other public Constitution, shall be as valid against the ministers; he shall take care that the laws be judicial proceedings of every other state. And the Congress may by general laws United States under this Constitution, as faithfully executed, and shall commission all under the Confederation. —— This the officers of the United States. prescribe the manner in which such acts, records, and proceedings shall be proved, Constitution, and the laws of the United Section 4. The President, Vice President and the effect thereof. States which shall be made in pursuance and all civil officers of the United States, thereof; and all treaties made, or which shall shall be removed from office on Section 2. The citizens of each state shall be made, under the authority of the United impeachment for, and conviction of, treason, be entitled to all privileges and immunities of States, shall be the supreme law of the land; bribery, or other high crimes and citizens in the several states. —— A and the judges in every state shall be bound misdemeanors. person charged in any state with treason, thereby, anything in the Constitution or laws felony, or other crime, who shall flee from Article III of any State to the contrary notwithstanding. justice, and be found in another state, shall —— The Senators and Representatives Section 1. The judicial power of the United on demand of the executive authority of the before mentioned, and the members of the States, shall be vested in one Supreme state from which he fled, be delivered up, to several state legislatures, and all executive Court, and in such inferior courts as the be removed to the state having jurisdiction of and judicial officers, both of the United Congress may from time to time ordain and the crime. —— No person held to service States and of the several states, shall be A free publication. For imprisoned people only, – page 4 – who can reproduce it without permission. ` August 2019 bound by oath or affirmation, to support this informed of the nature and cause of the of a member or members from two-thirds of Constitution; but no religious test shall ever accusation; to be confronted with the the states, and a majority of all the states be required as a qualification to any office or witnesses against him; to have compulsory shall be necessary to a choice. And if the public trust under the United States. process for obtaining witnesses in his favor, House of Representatives shall not choose Article VII and to have the assistance of counsel for his a President whenever the right of choice defense. shall devolve upon them, before the fourth The ratification of the conventions of nine Amendment VII [1791] day of March next following, then the Vice- states, shall be sufficient for the President shall act as President, as in the establishment of this Constitution between In suits at common law, where the value in case of the death or other constitutional the states so ratifying the same. controversy shall exceed twenty dollars, the disability of the President. The person right of trial by jury shall be preserved, and having the greatest number of votes as Vice- AMENDMENTS TO THE no fact tried by a jury, shall be otherwise President, shall be the Vice-President, if CONSTITUTION reexamined in any court of the United such number be a majority of the whole States, than according to the rules of the number of electors appointed, and if no (The Bill of Rights consists of the first ten common law. amendments. The dates refer to each person have a majority, then from the two amendment’s ratification date.) Amendment VIII [1791] highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the Amendment I [1791] Excessive bail shall not be required, nor excessive fines imposed, nor cruel and purpose shall consist of two-thirds of the Congress shall make no law respecting an unusual punishments inflicted. whole number of Senators, and a majority of establishment of religion, or prohibiting the Amendment IX [1791] the whole number shall be necessary to a free exercise thereof; or abridging the choice. But no person constitutionally freedom of speech, or of the press; or the The enumeration in the Constitution, of ineligible to the office of President shall be right of the people peaceably to assemble, certain rights, shall not be construed to deny eligible to that of Vice-President of the and to petition the government for a redress or disparage others retained by the people. United States. of grievances. Amendment X [1791] Amendment XIII [1865] Amendment II [1791] The powers not delegated to the United Section 1. Neither slavery nor involuntary A well regulated militia, being necessary to States by the Constitution, nor prohibited by servitude, except as a punishment for crime the security of a free state, the right of the it to the states, are reserved to the states whereof the party shall have been duly people to keep and bear arms, shall not be respectively, or to the people. convicted, shall exist within the United infringed. Amendment XI [1798] States, or any place subject to their Amendment III [1791] The judicial power of the United States shall jurisdiction. No soldier shall, in time of peace be not be construed to extend to any suit in law Section 2. Congress shall have power to quartered in any house, without the consent or equity, commenced or prosecuted against enforce this article by appropriate legislation. of the owner, nor in time of war, but in a one of the United States by citizens of Amendment XIV [1868] manner to be prescribed by law. another state, or by citizens or subjects of any foreign state. Section 1. All persons born or naturalized in Amendment IV [1791] the United States, and subject to the The right of the people to be secure in their Amendment XII [1804] jurisdiction thereof, are citizens of the United persons, houses, papers, and effects, The electors shall meet in their respective States and of the state wherein they reside. against unreasonable searches and states and vote by ballot for President and No state shall make or enforce any law seizures, shall not be violated, and no Vice-President, one of whom, at least, shall which shall abridge the privileges or warrants shall issue, but upon probable not be an inhabitant of the same state with immunities of citizens of the United States; cause, supported by oath or affirmation, and themselves; they shall name in their ballots nor shall any state deprive any person of life, particularly describing the place to be the person voted for as President, and in liberty, or property, without due process of searched, and the persons or things to be distinct ballots the person voted for as Vice- law; nor deny to any person within its seized. President, and they shall make distinct lists jurisdiction the equal protection of the laws. Amendment V [1791] of all persons voted for as President, and of Section 2. Representatives shall be all persons voted for as Vice- President, and apportioned among the several states No person shall be held to answer for a of the number of votes for each, which lists capital, or otherwise infamous crime, unless according to their respective numbers, they shall sign and certify, and transmit counting the whole number of persons in on a presentment or indictment of a grand sealed to the seat of the government of the jury, except in cases arising in the land or each state, excluding Indians not taxed. But United States, directed to the President of when the right to vote at any election for the naval forces, or in the militia, when in actual the Senate;—The President of the Senate service in time of war or public danger; nor choice of electors for President and Vice shall, in the presence of the Senate and President of the United States, shall any person be subject for the same House of Representatives, open all the offense to be twice put in jeopardy of life or Representatives in Congress, the executive certificates and the votes shall then be and judicial officers of a state, or the limb; nor shall be compelled in any criminal counted;—the person having the greatest case to be a witness against himself, nor be members of the legislature thereof, is denied number of votes for President, shall be the to any of the male inhabitants of such state, deprived of life, liberty, or property, without President, if such number be a majority of due process of law; nor shall private property being twenty-one years of age, and citizens the whole number of electors appointed; and of the United States, or in any way abridged, be taken for public use, without just if no person have such majority, then from compensation. except for participation in rebellion, or other the persons having the highest numbers not crime, the basis of representation therein Amendment VI [1791] exceeding three on the list of those voted for shall be reduced in the proportion which the In all criminal prosecutions, the accused as President, the House of Representatives number of such male citizens shall bear to shall enjoy the right to a speedy and public shall choose immediately, by ballot, the the whole number of male citizens twenty- trial, by an impartial jury of the state and President. But in choosing the President, the one years of age in such state. district wherein the crime shall have been votes shall be taken by states, the representation from each state having one Section 3. No person shall be a Senator or committed, which district shall have been Representative in Congress, or elector of previously ascertained by law, and to be vote; a quorum for this purpose shall consist A free publication. For imprisoned people only, – page 5 – who can reproduce it without permission. ` August 2019 President and Vice President, or hold any Amendment XVIII [1919] Section 5. Sections 1 and 2 shall take effect office, civil or military, under the United Section 1. After one year from the on the 15th day of October following the States, or under any state, who, having ratification of this article the manufacture, ratification of this article. previously taken an oath, as a member of sale, or transportation of intoxicating liquors Section 6. This article shall be inoperative Congress, or as an officer of the United within, the importation thereof into, or the unless it shall have been ratified as an States, or as a member of any state exportation thereof from the United States amendment to the Constitution by the legislature, or as an executive or judicial and all territory subject to the jurisdiction legislatures of three-fourths of the several officer of any state, to support the thereof for beverage purposes is hereby states within seven years from the date of its Constitution of the United States, shall have prohibited. submission. engaged in insurrection or rebellion against the same, or given aid or comfort to the Section 2. The Congress and the several Amendment XXI [1933] enemies thereof. But Congress may by a states shall have concurrent power to Section 1. The eighteenth article of vote of two-thirds of each House, remove enforce this article by appropriate legislation. amendment to the Constitution of the United such disability. Section 3. This article shall be inoperative States is hereby repealed. Section 4. The validity of the public debt of unless it shall have been ratified as an Section 2. The transportation or importation the United States, authorized by law, amendment to the Constitution by the into any state, territory, or possession of the including debts incurred for payment of legislatures of the several states, as United States for delivery or use therein of pensions and bounties for services in provided in the Constitution, within seven intoxicating liquors, in violation of the laws suppressing insurrection or rebellion, shall years from the date of the submission hereof thereof, is hereby prohibited. to the states by the Congress. not be questioned. But neither the United Section 3. This article shall be inoperative States nor any state shall assume or pay Amendment XIX [1920] unless it shall have been ratified as an any debt or obligation incurred in aid of The right of citizens of the United States to amendment to the Constitution by insurrection or rebellion against the United vote shall not be denied or abridged by the conventions in the several states, as States, or any claim for the loss or United States or by any state on account of provided in the Constitution, within seven emancipation of any slave; but all such sex. —— Congress shall have power to years from the date of the submission hereof debts, obligations and claims shall be held enforce this article by appropriate legislation. to the states by the Congress. illegal and void. Amendment XX [1933] Amendment XXII [1951] Section 5. The Congress shall have power Section 1. The terms of the President and Section 1. No person shall be elected to the to enforce, by appropriate legislation, the Vice President shall end at noon on the 20th office of the President more than twice, and provisions of this article. day of January, and the terms of Senators no person who has held the office of Amendment XV [1870] and Representatives at noon on the 3d day President, or acted as President, for more Section 1. The right of citizens of the United of January, of the years in which such terms than two years of a term to which some States to vote shall not be denied or would have ended if this article had not been other person was elected President shall be abridged by the United States or by any ratified; and the terms of their successors elected to the office of the President more state on account of race, color, or previous shall then begin. than once. But this article shall not apply to condition of servitude. Section 2. The Congress shall assemble at any person holding the office of President Section 2. The Congress shall have power least once in every year, and such meeting when this article was proposed by the to enforce this article by appropriate shall begin at noon on the 3d day of Congress, and shall not prevent any person legislation. January, unless they shall by law appoint a who may be holding the office of President, different day. or acting as President, during the term within Amendment XVI [1913] which this article becomes operative from The Congress shall have power to lay and Section 3. If, at the time fixed for the holding the office of President or acting as collect taxes on incomes, from whatever beginning of the term of the President, the President during the remainder of such term. source derived, without apportionment President elect shall have died, the Vice President elect shall become President. If a Section 2. This article shall be inoperative among the several states, and without unless it shall have been ratified as an regard to any census or enumeration. President shall not have been chosen before the time fixed for the beginning of his term, amendment to the Constitution by the Amendment XVII [1913] or if the President elect shall have failed to legislatures of three-fourths of the several The Senate of the United States shall be qualify, then the Vice President elect shall states within seven years from the date of its composed of two Senators from each state, act as President until a President shall have submission to the states by the Congress. elected by the people thereof, for six years; qualified; and the Congress may by law Amendment XXIII [1961] and each Senator shall have one vote. The provide for the case wherein neither a Section 1. The District constituting the seat electors in each state shall have the President elect nor a Vice President elect of government of the United States shall qualifications requisite for electors of the shall have qualified, declaring who shall then appoint in such manner as the Congress most numerous branch of the state act as President, or the manner in which one may direct: —— A number of electors of legislatures. —— When vacancies who is to act shall be selected, and such President and Vice President equal to the happen in the representation of any state in person shall act accordingly until a President whole number of Senators and the Senate, the executive authority of such or Vice President shall have qualified. Representatives in Congress to which the state shall issue writs of election to fill such Section 4. The Congress may by law District would be entitled if it were a state, vacancies: Provided, that the legislature of provide for the case of the death of any of but in no event more than the least populous any state may empower the executive the persons from whom the House of state; they shall be in addition to those thereof to make temporary appointments Representatives may choose a President appointed by the states, but they shall be until the people fill the vacancies by election whenever the right of choice shall have considered, for the purposes of the election as the legislature may direct. —— This devolved upon them, and for the case of the of President and Vice President, to be amendment shall not be so construed as to death of any of the persons from whom the electors appointed by a state; and they shall affect the election or term of any Senator Senate may choose a Vice President meet in the District and perform such duties chosen before it becomes valid as part of whenever the right of choice shall have as provided by the twelfth article of the Constitution. devolved upon them. amendment.

A free publication. For imprisoned people only, – page 6 – who can reproduce it without permission. ` August 2019 Section 2. The Congress shall have power assemble, determines by two-thirds vote of AN OVERVIEW OF STATE to enforce this article by appropriate both Houses that the President is unable to legislation. discharge the powers and duties of his CONSTITUTIONS Amendment XXIV [1964] office, the Vice President shall continue to (Space limitations do not allow the discharge the same as Acting President; Section 1. The right of citizens of the United reproduction otherwise, the President shall resume the or the analysis of the 50 state constitutions; States to vote in any primary or other powers and duties of his office. election for President or Vice President, for thus, electors for President or Vice President, or Amendment XXVI [1971] this section provides only an overview of for Senator or Representative in Congress, Section 1. The right of citizens of the United them.) shall not be denied or abridged by the States, who are 18 years of age or older, to Each of the 50 states has enacted its own United States or any state by reason of vote, shall not be denied or abridged by the constitution, and each state constitution failure to pay any poll tax or other tax. United States or any state on account of contains a bill of rights to protect citizens Section 2. The Congress shall have power age. from unnecessary governmental intrusion to enforce this article by appropriate Section 2. The Congress shall have the into individual liberties. State constitutions legislation. power to enforce this article by appropriate may go further than the US Constitution in legislation. the rights they explicitly extend to state Amendment XXV [1967] residents. For example, the US Constitution Section 1. In case of the removal of the Amendment XXVII [1992] does not explicitly give citizens the right to President from office or of his death or No law, varying the compensation for the use obscene speech and print obscene resignation, the Vice President shall become services of the Senators and literature, but Oregon’s constitution President. Representatives, shall take effect, until an specifically protects obscenity as free Section 2. Whenever there is a vacancy in election of Representatives shall have speech. the office of the Vice President, the intervened. While a state can give its citizens broader President shall nominate a Vice President rights than those in the US Constitution, it who shall take office upon confirmation by a THE BILL OF RIGHTS FOR cannot narrow the rights set forth in the US majority vote of both Houses of Congress. CRIMINAL DEFENDANTS Constitution. For example, the US Supreme Section 3. Whenever the President Bill of Rights, 1791. The United States Bill Court would strike down a state transmits to the President pro tempore of the of Rights provides some of a criminal constitutional provision that banned all Senate and the Speaker of the House of defendant’s protections against the federal firearms as violating the US Constitution’s Representatives his written declaration that government in a federal criminal case. Second Amendment’s guarantee of the right he is unable to discharge the powers and Protections consist of two types: (1) rights to bear arms. duties of his office, and until he transmits to that a defendant can exercise, and (2) State constitutions contain provisions that them a written declaration to the contrary, prohibitions and requirements of the determine the way in which a state exercises such powers and duties shall be discharged government toward the defendant. The Due its “police power”— meaning its right to pass by the Vice President as Acting President. Process clause of the Fourteenth laws that protect public morals, safety, and Section 4. Whenever the Vice President Amendment of the US Constitution applies well-being. For example, a state exercises and a majority of either the principal officers these protections to criminal defendants in its police power when it regulates schools of the executive departments or of such cases brought by states. and hospitals and sets licensing other body as Congress may by law provide, Protections by amendment. The US Bill of requirements for professionals, health transmit to the President pro tempore of the Rights protects a defendant as outlined as standards for restaurants and theatres, and Senate and the Speaker of the House of follows. vaccination requirements for school children. Representatives their written declaration that First Amendment. Provision for: access to And, like the US Constitution, state the President is unable to discharge the the courts. constitutions also contain provisions powers and duties of his office, the Vice specifying the procedures for their own President shall immediately assume the Fourth Amendment. Prohibition against: amending. powers and duties of the office as Acting unreasonable search and seizure of persons President. —— Thereafter, when the or things. INTERPRETATIONS OF THE President transmits to the President pro Fifth Amendment. Provision for: grand jury CONSTITUTION tempore of the Senate and the Speaker of indictments for infamous crimes. the House of Representatives his written Prohibitions against: double jeopardy, Introduction. Five sources have guided the declaration that no inability exists, he shall compulsory self-incrimination, and courts in their interpretation of the resume the powers and duties of his office deprivation of life, liberty, or property without Constitution: unless the Vice President and a majority of due process of law. 1. the text and structure of the Constitution, either the principal officers of the executive Sixth Amendment. Provision for: adequate 2. the intentions of those who either department or of such other body as notice of accusation, assistance of counsel, drafted, voted to propose, or voted to Congress may by law provide, transmit speedy trial, public trial by jury of peers, ratify the provision in question, within four days to the President pro compulsory process for obtaining witnesses, 3. prior precedents (usually judicial), tempore of the Senate and the Speaker of and confronting adverse witnesses. the House of Representatives their written 4. the social, political, and economic declaration that the President is unable to Eighth Amendment. Prohibition against: consequences of alternative discharge the powers and duties of his excessive bail, excessive fines, and cruel or interpretations, and unusual punishment. office. Thereupon Congress shall decide the 5. natural law. State constitution and statute(s). In issue, assembling within forty-eight hours for Influence. Interpreters of the Constitution that purpose if not in session. If the addition to these federal protections applying to state cases, the particular state’s generally agree that the first three of these Congress, within twenty-one days after sources provide appropriate guidance for receipt of the latter written declaration, or, if constitution or statute(s) may offer even broader protections. interpretation, but they certainly disagree as Congress is not in session, within twenty- to the relative importance of each when they one days after Congress is required to guide the courts in different directions. Many A free publication. For imprisoned people only, – page 7 – who can reproduce it without permission. ` August 2019 interpreters consider the consequences of • If a constitutional amendment passed • Originalists lose sight of the forest alternative interpretations (#4 above) as today, we would expect a court five years because they pay too much attention to irrelevant, even when the other sources of from now to ask what we intended to trees. The nation ought to focus on the guidance (#1 through #3) neutralize each adopt. larger purpose—the animating spirit—of other. Interpreters only infrequently suggest • Originalism more often forces legislatures the Constitution ... the protection of liberty. natural law (#5: God’s law, higher law) as an to reconsider and possibly repeal or • Nazi Germany (originalist German judges interpretive guide, even though many of the amend their own bad laws, rather than to did not exercise the power they might framers of the Constitution recognized its leave it to the courts to get rid of them. have otherwise had to prevent or slow appropriateness. Originalist Justices. down inhumane Nazi programs). The term “originalists” refers to persons who Justice Hugo Black, Justice Antonin Scalia, Non-originalist Justices. Justice Harry favor heavy reliance on originalist sources Justice Clarence Thomas, and Judge Robert Blackmun, Justice William Brennan, Justice (#1 and #2). The term “non-originalists” Bork. William O. Douglas, and Justice Richard refers to persons who favor giving more Posner. substantial weighting to precedent (#3), Judge Bork on Originalism: “If the consequences (#4), or natural law (#5). In Constitution is law, then presumably its Judge Richard Posner on Non-originalist practice, disagreement between originalists meaning, like that of all other law, is the Gap-filling: “A Constitution that did not and non-originalists often concerns whether meaning the lawmakers were understood to invalidate so offensive, oppressive, probably to apply heightened judicial scrutiny to have intended. If the Constitution is law, undemocratic, and sectarian law [as in the certain “fundamental rights” which the text of then presumably, like all other law, the Connecticut law banning the use or the Constitution does not explicitly protect. meaning the lawmakers intended is as distribution of contraceptives] would stand binding upon all judges as it is upon revealed as containing major gaps. Maybe Definitions. legislatures and executives. There is no that is the nature of our, or perhaps any, “Textualist” refers to an originalist who gives other sense in which the Constitution can be written Constitution; but yet, perhaps the primary weight to the text and structure of what article VI proclaims it to be: ‘Law....’ courts are authorized to plug at least the the constitution. Textualists often doubt the This means, of course, that a judge, no most glaring gaps. Does anyone really ability of judges to determine collective matter on what court he sits, may never believe, in his heart of hearts, that the “intent.” create new constitutional rights or destroy Constitution should be interpreted so literally “Intentionalist” refers to an originalist who old ones. Any time he does so, he violates as to authorize every conceivable law that gives primary weight to the intentions of the not only the limits of his own authority but, would not violate a specific constitutional Constitution’s framers, members of and for that reason, also violates the rights clause? This would mean that a state could proposing bodies, and ratifiers. of the legislature and the people....the require everyone to marry, or to have philosophy of original understanding is thus intercourse at least once a month, or it could “Pragmatist” refers to a “non-originalist” who a necessary inference from the structure of take away every couple’s second child and gives substantial weight to judicial precedent government apparent on the face of the place it in a foster home. ... We find it or the consequences of alternative Constitution.” reassuring to think that the courts stand interpretations, so as to sometimes favor a between us and legislative tyranny even if a decision considered “wrong” from the ··························································· Justifications for Non-originalism. particular form of tyranny was not foreseen originalist view but “right” because it and expressly forbidden by framers of the promotes stability or in some way promotes • The framers at the Convention in Constitution.” the public good. Philadelphia indicated that they did not “Natural law theorist” refers to a non- want their specific intentions to control THE HISTORY OF LAW originalist who believes that higher moral law interpretations. ought to triumph over inconsistent positive • No written Constitution can anticipate all Ur-Nammu’s Code, 2050 BC. The law. the means that government might in the Sumerian King Ur-Nammu founded and ruled the third dynasty of the ancient city of ····························································· future use to oppress people, so judges must sometimes fill in the gaps. Ur. Ur-Nammu promulgated the oldest code Justifications for Originalism. of law yet known, consisting of a prologue • Originalism reduces the likelihood that • The framers had various, and often and seven laws, although of such poor unelected judges will seize the reigns of transient, intentions, and often impossible physical condition that scholars can decipher power from elected representatives. to determine. Text often contains only five of its articles. Archaeological ambiguities, and judicial precedents often evidence shows that an advanced legal • Originalism in the long run better exist which support either side. In such preserves the authority of the Court. system supported it. This system included: cases, why not produce the result that will specialized judges, the giving of testimony • Non-originalism allows too much room for best promote the public good? under oath, the proper form of judicial judges to impose their own subjective and • Non-originalism allows judges to head off decisions, and the ability of the judges to elitist values. Judges need neutral, the crises that could result from the order that a guilty party pay damages to a objective criteria to make legitimate inflexible interpretation of a provision in victim. The Code allowed for the dismissal decisions. The understanding of the the Constitution that no longer serves its of corrupt officials, protection for the poor, framers and ratifiers of a constitutional original purpose. The nation cannot rely and a criminal system with the punishment clause provides those neutral criteria. upon the very difficult amendment proportionate to the crime. Although called • Lochner v. New York (a decision widely process to save us. “Ur-Nammu’s Code,” scholars generally considered as a bad non-originalist • Non-originalism allows the Constitution to agree that his son Shugli wrote it. decision). evolve to match more enlightened Hammurabi’s Code, 1700 BC. The • Leaving it to the people to amend their understandings on matters such as the Babylonian king Hammurabi came to power Constitution when necessary promotes equal treatment of blacks, women, and in 1750 BC, and he established the serious public debate about government other minorities. greatness of Babylon, the world’s first and its limitations. • Brown v. Board of Education (a decision metropolis. His officers developed a code of • Originalism better respects the notion of widely considered as a bad originalist laws and had them carved on a huge rock the Constitution as a binding contract. decision) column meant for public display. Historians know his laws as the first example of a ruler A free publication. For imprisoned people only, – page 8 – who can reproduce it without permission. ` August 2019 to publicly proclaim an entire body of law to to draft the statutes of the early Roman “justice” as a legal term. Important concepts the people. The expression “an eye for an Republic. Three Decemvirs traveled to in his Roman Code survive in the laws of eye” has come to symbolize the principle Greece to learn about life and law there as Italy, Germany, Scotland, South Africa and behind Hammurabi’s code –meaning that well as in other Greek communities. Quebec. Roman law formed the base of the bodily damage of the punishment could The Decemvirs then codified the customary civil law, one of the two main legal systems equal but not exceed the bodily damage Roman laws, including some Greek to govern the modern societies of the caused by the crime. Although some people elements, and put them on public display. western civilization. may think that this code invented brutal They invited all of Rome to read the statutes, Magna Carta, 1215 AD. A basic document punishments, it actually limited the more to personally consider them, to discuss them that states the liberties guaranteed to the extreme brutalities previously practiced with friends, and to bring any desired English people. Some legal scholars call it under older laws. The code contains 282 changes to public hearings. Thus, each the “blueprint of English common law.” The clauses regulating a vast array of citizen had a fair say in the laws, which Magna Carta proclaims rights that have obligations, professions and rights including allowed the strongest possible consent by become a part of English law and, now, as commerce, slavery, marriage, theft and every citizen. The Roman government then the foundation of the constitution of every debts. Modern societies view the inscribed the finished laws onto twelve English-speaking nation. The Magna Carta punishments as barbaric. The law bronze (or wooden) tablets – the “Twelve attempted to codify the relationships prescribed the death penalty for their more Tables of Rome” – and put them on between the three great powers in the land serious crimes, such as: perjury in a capital permanent public display in the Roman at that time: the King and his state offense case, theft of an object from a Forum (the main public square). The Twelve apparatus, the Church ultimately led by the temple, breaking and entering, or Tables of Rome allowed the people to learn Pope, and the Barons (the leading nobles) kidnapping. The law punished a thief with and understand the law, and generations of with their castles and great estates. Such the cutting off a finger or a hand, punished a schoolchildren memorized them. power problems included: could the Church man who kissed a married woman with the excommunicate nobles, and could the cutting off his lower lip, and punished The Twelve Tables codified and promoted the method of public prosecution of crimes Crown prosecute the clergy. English barons someone who defamed another with cutting and churchmen drew up the Magna Carta, out the person’s tongue. and instituted a system for injured parties to seek just compensation in civil disputes. which means “great charter” in Latin, and The Ten Commandments, 1300 BC. The Twelve Tables protected the plebeians forced the tyrannical King John to set his According to the Bible, Moses received a list from the legal abuses of the ruling patricians. seal to it (meaning: to sign it). of ten laws directly from God. Known as the No longer would the memories and Because of King John’s cruelty and greed, Ten Commandments and written as part of interpretations of judges (composed only of the powerful feudal nobles, and the the Book of Moses, they became part of the patricians) act as the sole foundation of churchmen, and (to some extent) the Bible. Many of the Ten Commandments justice. The desire and creation of the commoners united against him. John had survive in Judeo-Christian cultures as Twelve Tables established the important begun to treat the nobility as he did modern forms of “Do not kill,” “Do not steal,” basic principle of a written legal code for commoners – by jailing them without and “Do not lie about others.” Roman law. Perhaps most importantly, the showing reason. The barons found this Draco’s Law, 621 BC. Draco, a Greek Twelve Tables formed an important basis of treatment of them intolerable, and John’s citizen, wrote the first written laws of Athens all subsequent western civil and criminal law. behavior toward them triggered the writing of (in ancient Greece). The code punished The Twelve Tables and their subject matter: the Magna Carta. many offenses with death; and thus, the I – Preliminaries to a trial, rules for a trial; II While King John waged a disastrous war in English word “draconian” (drah-KOH-nee- – The trial; France, the barons met secretly and swore an) came from his name and means an III – Debt; IV – Rights of fathers over the to compel him to respect the rights of all his unreasonably harsh law. These laws family; subjects. When John returned to England, introduced the idea of the state’s exclusive V – Inheritance and Guardianship; the barons presented him with a series of role in punishing persons accused of crime, VI – Acquisition, Ownership, and demands in the form of the Magna Carta. instead of relying on private justice which Possession; John tried to gather support, but almost all of citizens previously practiced. VII – Rights concerning land and real estate; his followers deserted him. On 15 June Twelve Tables of Rome, 450 BC. VIII – Torts or Delicts; IX – Public law; X 1215, John met with the barons and the (“Duodecim Tabularum” in Latin) Experts – Sacred law; bishops along the south bank of the River consider the Twelve Tables of Rome as the XI – Marriage laws; XII – Binding public Thames in a meadow called Runnymede most important codification of law in history. powers. and affixed his seal to the Magna Carta. Twenty-five hundred years ago during the The Gauls destroyed the Twelve Tables After John signed the Magna Carta, he sent early formation of Rome, the patricians (pah- when they sacked Rome in 390 AD, about letters to all sheriffs ordering them to read TRISH-anz) (the nobles) controlled all the 800 years after their creation. Several the Magna Carta aloud in public. rights and privileges of the government in documents have survived which refer to The Magna Carta caused the first instance Rome. Patrician judges kept the law in their parts of the different Twelve Tables; thus, in history where a king allowed that even he collective minds and, thus, away from the some information exists as to their contents. must observe the law and that the barons plebeians (the common people). The could “distrain and distress him in every plebeians (plih-BEE-anz) (or plebes (PLEE- Justinian’s Code, or Corpus Juris Civilis, 529 AD. Modern legal scholars remember possible way” – just short of a right to beez)), on the other hand, had the burdens rebellion. of paying taxes and serving in the military. Justinian, a Roman, mostly for his codification of Roman Law in a series of In its effect on American law, the Magna In about 450 BC, the plebes called a strike to books called Corpus Juris Civilis. His Carta codified, and thereby preserved, the protest the unfair advantages of the collection served as an important basis for customary laws of “habeas corpus” and “due patricians. The patricians capitulated and law in contemporary society, and was process”(shown here in the original Latin of gave the plebes more control over the inspired by logic-based Greek legal the Magna Carta and translated into government and allowed them to elect principles. Justinian’s Code resulted in English): officials to represent them. Roman citizens many legal maxims still in use today. His 39. Nullus liber homo capiatur, vel elected the Decemvirs (meaning “ten men”) work inspired the modern concept and, and gave them the unprecedented powers imprisonetur, aut disseisiaqtur, aut ulagetur, indeed, the creation of the English word aut aliquo modo destruatur, nec super eum A free publication. For imprisoned people only, – page 9 – who can reproduce it without permission. ` August 2019 ibimus, nec eum mittemus, nisi per legale agreement among the colonists aboard the integral part of the English Constitution. judicium parium suorum vel per legem Mayflower after realizing their original Some parts of the petition also found their terre. ... “patent” had no jurisdiction where they way into the American Declaration of 39. No free man shall be seized, or landed. The compact exemplifies self-rule Independence and the Constitution of the imprisoned, or disseized (stripped of rights by the people. United States. or possessions), or outlawed or exiled, or in John Carver, a leader of the Separatist The English Bill of Rights, 1689. The any way ruined, nor will we (the barons) go Puritans (an unpopular self-ruling religious English Bill of Rights blazed the legal trail for or send against him, except by the lawful order, later known as the “Pilgrims”), the American Bill of Rights, and defined judgment of his peers or by the law of the chartered the Mayflower to help them to important limits on the monarchy’s legal land. colonize the new world. London powers, such as the arbitrary suspension of 52. Si quis fuerit disseisitus vel elongatus businessmen, who helped finance the Parliament’s laws. More importantly, it per nos sine legali judicio parium suorum voyage, insisted that it include other, non- allowed only Parliament (and not the de terris, castellis, libertatibus, vel jure suo, Separatist colonists. The Virginia Company monarchy) the power to raise money statim ea ei restituemus; ... of London issued a patent granting land in through taxation. Virginia to the colonists. The Mayflower Blackstone’s Commentaries on the Laws 52. If anyone whom has been disseized or Compact would have never come into deprived by us without lawful judgment of of England, 1765. The British jurist and existence had the ship arrived in Virginia; legal scholar William Blackstone (1723- his peers of lands, castles, liberties, or his however, the Mayflower reached Cape Cod rights, we will restore them to him at once; 1780), focused on studying and teaching instead. Rumors spread among the Pilgrims law. Legal historians also know him as the Actually, the Magna Carta failed in its that some of the others intended to do as first British law professor to turn from original enactment of 1215. Intended as an they pleased because the patent did not teaching Roman law to teaching English instrument of peace, it instead provoked apply to that part of the new world. law. He wrote down the entire English law in hostilities. Meant to confirm customary law, The Pilgrims modeled the compact after an orderly four-volume set, in clear English, it instead promoted disagreement and their church covenant, which vested thus making English law suddenly contention. The parties held it legally valid religious authority in the people. While accessible to the public. His thoroughness for only the first three months, but did not anchored off the tip of Cape Cod, most (41) also made his commentaries essential execute it properly during that period. After of the adult male passengers signed the reference material for both lawyers and law ten weeks, the Pope annulled the Magna compact, binding them to a “civil Body students. Carta. Yet the people forced its revival in re- Politic” (a temporary government) in order to Blackstone’s book exerted tremendous issues in 1216, 1217, and 1225. The last “enact … just and equal Laws … for the version became law, confirmed and influence on the legal profession and on the general Good of the Colony.” They intended teaching of law in England and in the United interpreted in Parliament and enforced in the that the compact help their colony to survive courts of law. Twelve chapters from the States, and many legal scholars believe that by preserving order through a rule of law the law in the American colonies during the original issue still stand as law, including developed by the colonists themselves until clause 39, above, on Due Process. The first century of American independence a valid company patent or royal charter consisted mostly of Blackstone’s healthy survival of the clauses on individual could confirm their right to self-government. liberties reflects the superb quality of the Commentaries. intentions in the original act of 1215. The colonists then elected John Carver as The American Declaration of their first governor. A month later, after Lawyers caused much of the survival of the Independence, 1776. On 4 July 1776, scouting for a suitable settlement area, the representatives for the people of the clauses on liberties as well as the veneration colonists landed and settled at a place they for the Magna Carta itself. In the 1600s, Sir American colonies signed the Declaration of named Plymouth. The colonists Independence, thus proclaiming that “all Edward Coke led to re-instate it as a successfully abided by their compact for document of political importance. Sir William political connection between [the United more than 70 years until they joined the Colonies] and the State (Nation) of Great Blackstone wrote a commentary on it in Massachusetts Bay Colony in 1691. 1759, and William Sharp McKechnie wrote Britain is and ought to be dissolved” and that his commentary on it in 1905. The Petition of Right, 1628. A petition to King the colonists had created a new nation, the American Bar Association provided the Charles I from Parliament championed by United States of America. memorial that stands at Runnymede. British Sir Edward Coke, a member of Parliament The American declaration represents the and American lawyers hold annual and a well-known adversary to the crown. first instance ever of a government (the gatherings of the Magna Carta Society. The petition demanded of Charles: that he United States) rebuking the medieval theory desist from levying taxes on the people In 1996, almost 800 years after the creation that certain people (the nobility) possessed, without Parliament’s consent, that he cease by right, the power to rule others. The of the Magna Carta, Britain’s Lord Chief housing soldiers and sailors in the homes of Justice, Lord Bingham wrote, “Historically, Declaration makes the assertion that “All private citizens, that he desist from men are created equal,” and that they have the constitutional significance of Magna proclaiming martial law in time of peace, and Carta has depended much less on what the “unalienable rights that among these are life, that he desist from imprisoning any of his liberty and the pursuit of happiness. That to charter said, than on what it was thought to subjects without cause shown. have said. What it was thought to have said secure these rights, governments are was the subject of constant development, Parliament wrote the petition partly in instituted among men, deriving their powers with the aid of some statutory reinforcement, reaction to Charles’ attempt to finance from the consent of the governed.” over succeeding centuries. It was this several costly foreign wars by extracting the Regarding the supreme power of the people, process which led to the English Bill of money directly from his subjects after the Declaration states, “...Governments are Rights, the heavy reliance placed on Magna Parliament had failed to provide funding. instituted among Men, deriving their just Carta by the American colonies in their Charles had arbitrarily imprisoned those powers from the consent of the governed. battles against the crown, the constitution of subjects who refused to pay. Charles That whenever any Form of Government the United States and, the constitution of the signed the petition in exchange for becomes destructive of these ends, it is the Republic of India.” parliamentary approval of funds needed to Right of the People to alter or abolish it...” maintain his foreign policies. Mayflower Compact, 1620. A quickly- Articles of Confederation, 1781. The drafted civil document meant to secure an Although the petition did little to change compact between the thirteen original states Charles’ autocratic rule, it later became an of the Union in force from 1781 to 1789. It A free publication. For imprisoned people only, – page 10 – who can reproduce it without permission. ` August 2019 began the development of an American government, and it defines the uses of wider movement of that era involving the federal government. It and the Constitution power that the people grant and don’t grant historical method. Although modern legal contained many of the same or similar to public officials. In America, people in scholars agree that Ancient Law has a few principles and provisions. The people public office receive permission instead of inaccuracies, professors of law usually eventually established the Constitution give permission. Public officials act as the assign it as a classic must-read. because it “formed a more perfect Union.” servants, and not the masters, of the people. Emblem of Good Will, 1926. An The Constitution of the United States of People refer to them as “public servants.” extraordinary gift from the Polish people to America, 1787. In 1787 in Philadelphia, America can rightly claim authorship to this the American people on the 150th Pennsylvania, representatives of the people single most important innovation in political anniversary of the Declaration of of the original thirteen American colonies principles since the beginning of recorded Independence, which exemplifies the signed the American Constitution thus history. The American Bill of Rights greatness of America’s government. forming the basis of the first republican continues to influence many modern Some Americans take their freedoms for government in the world. The Constitution charters or bills of rights in countries around granted, but the Poles understood what defined the institutions of government and the world. Americans have. Five and a half million the powers and duties of the legislative, Marbury v. Madison, 1803. In Marbury v. Poles, including the President, national and executive and judicial branches. The Madison, the United States Supreme Court regional officials, religious authorities, Constitution also declared itself as the upheld the supremacy of the Constitution members of social organizations, faculty and supreme law in the United States, and that it and stated unequivocally that the Supreme students at major universities, and million of overrides all other laws inconsistent with it. Court had the power of “judicial review” – to schoolchildren signed the Emblem of Good From the European viewpoint, the strike down actions taken by American Will which reads: Constitution seemed to have serious federal or state legislative bodies which, in We the People of Poland, send to you, weaknesses. The American Bill of Rights its opinion, offended the Constitution. The citizens of the great American Union, seemed to weaken it further. legal profession generally considers this fraternal greetings, together with the Instead of setting up the strongest possible case as the most important milestone in the assurance of our deepest admiration government, the American revolutionists set history of American law since the and esteem for the institutions which up the weakest possible central government Constitution. have been created by you. In them with most of the power remaining with the Liberty, Equality, and Justice have people and the state constitutions acting as SPEECHES AND OTHER found their highest expression and have buffers. The writers of the Constitution WRITINGS become the guiding stars for all modern believed that the ultimate power of a nation The Federalist Papers, 1787 – 1788. The democracies. resided in its people, instead of its rulers. first and most authoritative commentary on Noble Americans, you holiday is sacred Europeans saw the Constitution as a the US Constitution. After the Declaration of not for you alone. violation of age-old experience and wisdom. Independence and the US Constitution, it It finds a warm reverberation over the Some governments refused to recognize the ranks as the third most important work in whole world, and especially in our government of the Unites States. However, American political science. In 1787 and motherland, Poland, which is proud of some Europeans dissented with the general 1788, Alexander Hamilton, James Madison the fact that, in that momentous hour of Old World view of the new republic. The and John Jay published what came to be your history, when George Washington English statesman William Pitt read the known as the Federalist Papers as letters raised the banner of Liberty, there stood Constitution and proclaimed it an object of under the pseudonym “Junius”in also beside him our champions of wonder and admiration for all future newspapers in New York City. They national Liberty – Thaddeus generations. Count Aranda, Prime Minister intended them to help explain the Kosciuszko and Casimir Pulaski. of Spain, said that the United States was Constitution (as well as condemn the The blood then mutually shed has born a pygmy, but that a day would come Articles of Confederation). in order to when it would be a giant, even a colossus. forever united us by bonds of common guarantee New York’s ratification of it. By feelings for the same ideal of the free The American Constitution continues to May 1788, they were also publishing the man and the free nation. serve as a model for the constitutions of Federalist Papers as books, and their many nations upon attaining independence greatest use came as a kind of handbook for These ties have been strengthened by or becoming democracies. debaters in New York and Virginia. The your participation in the Great War of Federalist Papers comment on the 1914 – 1918 which was crowned by a The American Bill of Rights, 1791. Four magnificent victory of truth and justice years after the signing of the Constitution, Constitution and not its Amendments and, thus, it has little use for researchers of over oppression and injustice. Thanks American statesmen amended their to this victory Poland, after years of supreme law by declaring the rights of free constitutional rights given in the Amendments to the Constitution. slavery, again took her place among the speech, freedom of the press and of religion, free nations of the world. The glorious a right to trial by one’s peers (jury), George Washington’s Farewell Speech, part taken by the American aviators of protection against “cruel and unusual 1797. “...The basis of our political systems the Kosciuszko Squadron in our war punishment” or unreasonable searches or is the right of the people to make and to alter against the Bolshevik hosts in 1920 has seizures, and other rights. their constitutions of government...” contributed further to cementing the The first ten amendments have received the Ancient Law, 1861. Sir Henry James mutual bonds between us. name “Bill of Rights;” however, the name Sumner Maine. Maine wrote this book to With eternal gratitude in our hearts, not misleads people and it tends to confuse “indicate some of the earliest [legal] ideas of only for your sacrifices in blood, but also those with careless thinking. The word mankind and to point out the relation of for the various kinds of aid given by you “rights” reflects the old feudal concept used those ideas to modern thought.” He in the name of humanity during the war, in England where the British government employed the method of understanding facts and, above all, for saving our children permits its subjects to have certain by tracing their origins and historical from famine and disease — we, on the freedoms. connections. Charles Darwin used this day of your national festival, desire to However, the opposite occurs in America. same method of historical understanding in take part in your joy and to wish your Our “Bill of Rights” lists prohibitions of the his “On the Origin of the Species” (1859). country and your nation all possible The works of both authors belongs to a A free publication. For imprisoned people only, – page 11 – who can reproduce it without permission. ` August 2019 prosperity, to the good and happiness to wield their partial abilities as authority over brought before it, the parties must present of the entire human race. this nation of free people. their complaints and arguments clearly and The many Poles who have been logically to the court. The court cannot received by your rich and beautiful land, BASIC JUDICIAL DOCTRINES exercise the power to conduct its own and who have become citizens of the investigation into the legal basis for any Supreme law. The writers and signers of parties’ claims. A court, including an United States, will today raise their the US Constitution included in it the voice with you in honor of their second appellate court, may question a party’s definition of itself as “the supreme law of the supporting argument and prompt further country, to this tribute, paid by over land.” In it, they defined that the powers of three million Polish immigrants, is supporting argument from the party, in order the legislatures, judiciaries and executives, to exercise a more thorough adjudication in added that of thirty million Poles, for both the federal and the state inhabiting their free motherland, who cry a matter. However, courts do not normally governments, depend from the US advance any arguments themselves. Courts with hearts throbbing with fraternal Constitution. This declaration, of course, feeling: must remain neutral in all matters. The refers to law. The supreme power, as parties themselves must supply the legal Long live the United States of America! compared to the supreme law, always rests basis for their claims. Compare this Long live Liberty, Equality, and Justice! with the people, as described in the neutrality with sua sponte. Cf. sua sponte in Declaration of Independence. the Latin Words & Phrases section. THE AMERICAN REPUBLIC: Empowers government. The US DIVISION OF POWER Constitution empowers the three branches, THE STRUCTURE OF THE or departments, of government. It FEDERAL JUDICIARY The people intended the Unites States of empowers the legislature with the initiative to America as a republic and administered by create and modify statutes. It empowers the Triple layer. The federal court hierarchy representatives chosen directly or indirectly executive with the initiative to interpret and consists of three layers: the trial court of by the people to protect the interest of all the enforce those statutes. And it grants to the general jurisdiction, known as the district courts; the 12 courts of appeal; and the people. Ultimately, any government, judiciary, the powers to determine controversies brought by contesting parties. Supreme Court. Several other courts regardless of its name, must consist of one Separation of powers. The US exercise special jurisdiction of no person or a small group of persons in power Constitution grants powers separately to consequence to criminal defendants of the majority of people. each department of the government: (patents, tax, bankruptcy, international trade, The solution of the American republic lawmaking to the legislature, the execution and so on). involves limiting that power, cutting it to an of the laws to the executive, and the District courts. This lowest layer of the adjudication of matters to the judiciary. No federal judiciary consists of 94 federal district irreducible minimum without incurring the branch of government may exercise another courts organized within 12 regional circuits dangers of anarchy. branch’s power. For example, despite what that cover the country, including both states A person sits as head of state and, poorly chosen wording newscasters and and territories. About half the states have obviously, that person thinks, decides, acts, newspapers may use, the president does one district court each. In the other states, and judges. In this new American republic, not have the power to introduce a bill into their great volume of cases has necessitated Congress. The president must convince a the creation of two or more districts within no top official could act as a whole person. congressman, either senator or each state. For example, New York and The people decided to separate the main representative, to introduce it. The president California contain four districts each. Further functions of government into three heads may also recommend legislation. increases in cases have prompted Congress (almost literally). Exceptions. Well-known exceptions to to simply increase the number of judges in separation of powers exist. Congress acts the districts rather than adding more The first part (called the Congress) thinks districts. For example, the Southern District and decides. The second part (called the with judicial powers when it impeaches (tries) government officials for wrongdoings. of New York, which contains New York City, Executive) orders the action. The third part Congress also acts with executive powers has 27 judges, and the four districts in (called the Supreme Court) serves as judge when it declares war upon other countries. California have a total of 42. or referee. No monarchy or dictatorship Reactive judiciary. Note that the US A single judge, with a jury when rightly here – no single person to make laws, order Constitution grants proactive powers to the demanded, hear cases in the federal district legislatures and executives, meaning that courts. A district’s entire judiciary may hear, actions, and judge others. No. The “en banc,” cases of special significance. American people granted those powers to those departments can and must use their powers upon their own initiatives. The Federal magistrates. Federal district courts their new government; however, with those Constitution, however, does not grant employ, as part of its judiciary, a system of powers divided into three branches, and with proactive powers to the judiciary. The “magistrates” – judicial officers appointed to each branch acting as a safeguard of the Constitution does not empower the judiciary full-time (8-year term) or a part-time (4-year other two. to initiate investigations and render decisions term) positions by the district court judge. on its own. To do so would have the The magistrates exercise the narrow powers Over these three heads, the American judiciary running helter-skelter and formerly exercised by the predecessors, the people set their Constitution, a written questioning the laws of Congress and the United States commissioners, and broader document of political principles, intended as actions of the executive as they see fit. powers including the powers of trial where the strongest safeguard of all. This Instead, the Constitution grants only reactive both parties so consent. 28 U.S.C. §§631- document defined a government run by powers to the judiciary – it can only react to 639. issues brought to it. Thus, contesting parties principles and rules, and not a government Courts of appeal. This middle layer of the must bring issues before the judiciary in federal judiciary consists of 12 courts of run on notions or impulses. Thus, the order that it may exercise its powers. appeal – one for each of the 11 numbered American Constitution serves as an Court doctrine. In a similar fashion, a trial regional judicial districts and one for the impersonal restraint upon the persons with court hears the arguments brought before it. District of Columbia: human weaknesses, whom the people allow In the documents, testimony, and arguments

A free publication. For imprisoned people only, – page 12 – who can reproduce it without permission. ` August 2019 • 1st Circuit - Maine, New Hampshire, avenue of appeal involves “federal Court decides to hear a few dozen. These Massachusetts, Rhode Island, questions.” odds amount to about 1 in every 200 cases. and Puerto Rico, Court of Appeals. The courts of appeal The incarcerated pro se appellant should • 2nd Circuit - Vermont, have jurisdiction over appeals from the understand these odds, but should also Connecticut, and New York, district courts. Parties appeal as of right understand that all cases differ in their • 3rd Circuit - Pennsylvania, New from “final” decisions, although parties may circumstances and issues. So pro se Jersey, Delaware, and the make “interlocutory” and “collateral” appeals, defendants should not feel discouraged. Virgin Islands, mostly notably on issues regarding • 4th Circuit - Maryland, Virginia, West preliminary injunctions. THE STRUCTURE OF THE Virginia, North Carolina, and STATE JUDICIARIES South Carolina, These courts also exercise discretionary • 5th Circuit - Mississippi, Louisiana, appellate review of any interlocutory order in Triple layer. Each state has implemented a and Texas, a civil case if the trial judge certifies the triple-layered hierarchy in their court system. • 6th Circuit - Kentucky, Tennessee, question of law as debatable and that an Lowest layer. The lowest, or petty, courts Ohio, and Michigan, appeal would materially advance the deal only with petty cases involving small • 7th Circuit - Indiana, Illinois, and ultimate termination of the litigation. monetary values or small criminal penalties. Wisconsin, Other appellate jurisdiction involves appeals In rural area, justices of the peace, often • 8th Circuit - Minnesota, North Dakota, from administrative agencies, usually where part-time positions, preside over such courts. South Dakota, Nebraska, Iowa, a specific provision in the statute which In urban areas, a magistrate or judge usually and Arkansas, created the agency directs the appropriate preside over such courts, which tends • 9th Circuit - Alaska, Washington, court of appeals exercise exclusive appellate toward specialties, such as: police court, Montana, Oregon, Nevada, jurisdiction over its findings. traffic court, and small claims court. California, Arizona, Hawaii, Supreme Court. As defined by the US These courts operate on more informal Guam, and the Mariana Constitution, the Supreme Court exercises procedures than the higher courts. Many of Islands, original jurisdiction in some cases, such as these courts maintain records of only the • 10th Circuit - Utah, Wyoming, those with states as both parties or, more identification of the parties and lawyers, if Colorado, Kansas, and New rarely, those with Ambassadors and any, and the disposition of the case. These Mexico, Consuls, or public Ministers as parties. This courts usually neither make nor maintain a • 11th Circuit - Georgia, court almost always relegates suits between detailed record of the proceedings beyond Alabama, and Florida, and a citizen and a state to a state court. that already described above. Thus, people • DC Circuit - Washington, DC. The Constitution empowered Congress to don’t consider these lowest of court as A party can take an appeal from a district determine the Supreme Court’s appellate “courts of record.” court to a court of appeal. These courts jurisdiction. Congress saw fit to unburden normally sit in panels of three judges, which, Parties usually don’t appeal decisions from the Court by allowing the bulk of its cases to these courts in the regular sense of an if the court does not have three judges fall under discretionary “certiorari” available to sit, may add a district judge from appeal. Without any record of the jurisdiction. In a nutshell, the Court’s Rule proceedings for proof of error, no record within the circuit or a circuit or district judge 19 shows propensity of the court to grant a from another circuit. In a case of special exists for assembly and transmittal it to the writ of certiorari in cases where a lower next higher court for appellate review. significance, all of a district’s judges will sit court: (1) has ruled contrary to decisions of “en banc” to hear the case. Instead, an “appeal” from these courts the Supreme Court or other courts, (2) has typically amounts to a completely new trial (a United States Supreme Court. The United decided an important question of federal law “de novo” trial) in the higher court. States Supreme Court consists of nine that should be settled by the Supreme Court, members. Its annual term normally begins Middle layer. The middle level of courts or (3) has departed too much from “the contains the “trial courts of general in October and ends in June. The entire settled and usual course of judicial court hears each case, with a quorum of six, jurisdiction.” These courts’ authority allow proceedings.” A party should not read into a them to hear and dispose of civil and rather than a panel. The Supreme Court denial of certiorari about the merits of the hears several types of cases. criminal cases generally. They maintain issues presented. 338 U.S. 912, 917-918 records, and thus, the judiciary considers (1950). THE JURISDICTION OF THE them as “courts of record.” These middle However, a great many of the decisions level of courts use very formal procedures. FEDERAL JUDICIARY made after granting certiorari do favor the Some such courts don’t have jurisdiction District courts. The limited scope of Article petitioner, and many dissents from the over petty cases. Names for these courts III of the US Constitution’s, in turn, restricts denial of the writ have discussed the merits include “district court” and “circuit court” its empowerment of Congress to establish of the issues. And a strong relationship though in some areas they use names such the inferior federal court’s subject matter does exist between a Justice’s vote on as ““superior court” or “court of common jurisdiction. Thus, Congress grants the whether to grant certiorari and later vote on pleas.” The New York State judiciary uses a inferior court jurisdiction over: “federal the merits of the appeal. confusing naming scheme and applies the questions” (cases arising under the Congress also empowered the Supreme name “supreme court” to these middle level Constitution or federal laws or treaties), Court to exercise appellate jurisdiction, as a courts. “diversity of citizenship” (cases between matter of right, over various classes of cases In addition to these trial courts of general citizens of different states), and cases mostly involving the constitutionality of jurisdiction, other courts exist at this level involving the United States as a party federal and state laws. Congress did which each exercise special jurisdictions of (including those of sovereign immunity and drastically reduce a party’s ability to appeal their own, and thus, hear and dispose of consent of the United States to subject itself to the Supreme Court directly from a district special cases such as: probate matters, to a suit). court in order to keep the Supreme Court divorce and other domestic issues, and Criminal defendants can appeal decisions from becoming overloaded. juvenile court. by their state’s highest court, if applicable, to Pro se and Certiorari. Of the several As stated above, the trial court of general the applicable federal district court. The best thousand appeals to the Supreme Court by jurisdiction also exercises some appellate pro se defendants for writ of certiorari, the jurisdiction by taking appeals from petty A free publication. For imprisoned people only, – page 13 – who can reproduce it without permission. ` August 2019 courts. However, the trial court usually suffer from court delays because they wait in arguments in support of each party’s handles these “appeals” as “de novo” trials. jail unable to raise bail. position. Also, these trial courts may have Suggestions to reduce criminal court Only a few jurisdictions allow for oral authorization to exercise true appellate congestion include: adding more minor argument as a matter of course. Where jurisdiction in their review of decisions from criminal court judges; replacing criminal allowed, parties must intend to use oral administrative agencies (agencies of the penalties for some offenses with alternatives argument only to clarify legal issues executive branches of government). such as civil monetary penalties; and presented in the briefs, and not to introduce Highest layer. This layer contains the processing addiction-related defendants new issues. Courts normally subject oral appellate courts. Most states use only one through medical, psychiatric, or other arguments to time limits and use discretion appellate court – the highest court in the treatment facilities. to extend those limits only upon successful state, also called the “court of last resort” at At the appellate level, suggestions to reduce persuasion by a party. least at the state level. This appellate court delays include: adding more appellate court File notice. A trial court has entered a hears appeals from the judgments of the trial judges (as California did), declaring some judgment against a defendant. The courts of general jurisdiction, and either cases as not appealable, empowering the defendant can turn to an appellate court for affirms or reverses or, occasionally, modifies appellate court with discretionary review appeal of the judgment. To this, the the judgments. powers, and a preliminary screening defendant must quickly file his Notice of Some circumstances may benefit a party to procedure resulting in a summary disposition Appeal in the trial court in order to preserve not wait for the trial court to hear and without benefit of, or greatly reduced his right to appeal. Depending on several dispose of a case before appealing to the amounts of, briefs or arguments. factors, the defendant may have from 10 to appellate court. In such instances, a party However, problems with these remedies 60 days to file after the entry of judgment by may make an “interlocutory appeal” to the involve: the proliferation of utterances at the clerk of the trial court. appellate court for an “extraordinary writ.” authoritative appellate tribunals divesting Party name. The courts refer to the party Such writs direct the lower court to act (e.g., intermediate courts of significant authority; filing the Notice of Appeal as the “Appellant.” grant a change of venue, or justify its order possible unconstitutionality, regarding equal The courts refer to the opposing party who to hold someone in allegedly illegal custody) protection under the law, in the powers of may wish to defend the appeal as the or to refrain from an act (e.g., from discretionary review; and summary “Appellee.” The courts also refer to an continuing to exercise jurisdiction in the dispositions without sufficient discussion appellee who files his own Notice of Cross- case). may seriously lower the quality of appellate Appeal as the “Cross-Appellant.” About one third of the states have justice. Transcript and record. The appellant must intermediate appellate courts, whose order a transcript of the proceedings in the functions vary from state to state. A judicial FEDERAL APPELLATE trial court from that court’s reporter. In turn, system may require that appeals from trial PROCEDURE that court’s clerk will assemble the record, a courts first seek relief from its intermediate package of documents for the appellate appellate court, and that a party would seek Many pro se prisoners seek post- court, which will help it understand the an appeal from the intermediate court in the conviction relief by appealing to the events that transpired in the trial court. highest court. Some states allow appeal on federal district courts. Except for indigent criminal defendants, the serious issues directly to the highest court, Appellate procedure. The Federal Rules appellant must pay the court reporter for the skipping the intermediate appellate court. of Appellate Procedure (FRAP) govern work to create the transcript. Creating the Other states allow appeals from the trial federal appellate courts. A state’s own rules transcript and assembling the record may court only to the intermediate court, and of appellate procedure govern its appellate take many several months and, in some either don’t allow an additional appeal to the courts. busy courts, a year or more. highest court or allow it only for special reasons or upon the discretion of the highest Appellate procedure consists of the rules Appellate docket. When the appellate court. States increasingly consider this and practices by which appellate courts court receives the record of appeal, its clerk limited-review provision as a means of review trial court judgments. Appellate will docket the case and assign a case coping with the overburdened dockets of review performs several functions, including: number to it. A Federal Court of Appeals their highest courts. the correction of errors committed by the trial may docket a case and assign it a case court, development of the law, achieving a number before the transcript has been In order for the United States Supreme uniform approach across courts, as well as finished. In this event, the appellant must Court to hear an appeal from a state’s the overall pursuit of justice. continue filing motions until the transcript supreme court, the case must come within Appellate procedure focuses on several arrives in order to extend the time for filing the “judicial power of the United States” as the Brief for Appellant. outlined by the US Constitution. Congress, main themes: the types of judgments an in exercising its constitutional power to appeals court will hear, how to bring appeals Clock starts. When the clerk dockets the determine the appellate jurisdiction of the before the court, requirements for a reversal case, the clerk also notifies counsel and the Supreme Court, limited most of that court’s of the lower court (e.g., a showing of “abuse clock begins to run for filing the Brief for appellate review powers under the discretion of discretion,” “clear error,” etc.), and what Appellant. Rules of the court in most of that court – review by writ of certiorari. procedures parties must follow. jurisdictions allow 40 days for this filing. According to Congress, the Court can Appeals courts commonly limit appealable Upon the filing of that brief, the rules usually demand review of a state court decision as a issues to “final judgments.” However, then allows the appellee 30 days to file its matter of right only when the highest state notable exceptions to the “final judgment response called the Brief of Appellee. Upon court empowered to decide the case has rule” include: instances of plain or filing of the Brief of Appellee, the rules held a federal law or treaty invalid, or upheld fundamental error by the trial court, usually allow the appellant 15 days to file his a state law against a claim that it violates the questions of subject-matter jurisdiction of the Reply Brief. In virtually every case, the federal constitution, laws, or treaties. trial court, or constitutional questions. appellant needs more than 40 days to file the brief and usually files a motion for an Court delays. Despite the fact that three of Argument in appellate court centers on enlargement of time. Courts typically grant four defendants plead guilty (no trial), written briefs prepared by the parties. These one or two enlargements. Some courts criminal courts continue to suffer serious state the questions on appeal and require special circumstances in order to congestion. Indigent defendants especially enumerate the legal authorities and grant more than one enlargement. A free publication. For imprisoned people only, – page 14 – who can reproduce it without permission. ` August 2019 Issues of appeal. Criminal defendants in a “harmless error” or whether it significantly Appellee brief. The appellee will file its prisons often misunderstand the powers of prejudice the appellant’s defense in the trial Brief of Appellee in response to the Brief of an appellant court and, thus, the issues of court. If defense counsel failed to object in Appellant. This brief represents the appeal that the court will consider. The trial court, the appellate court only will review appellee’s reaction to the Brief of Appellant judge, judges, or jury in the trial court already the issue only for “plain error” – meaning that that defined the appealable issues. The considered and determined the facts of the the court will reverse the judgment only if no Brief of Appellee cannot bring further issues case. An appellate court does not have the judge in his right mind would have before the court, and the appellee can only power nor the desire to retry the facts of the committed the error which resulted in a try to persuade the court that it should not case. It can only jurisdiction to consider gross miscarriage of justice. Appellate grant relief on the issues set by the Brief of issues alleging errors in the execution of the courts also analyze an alleged error for Appellant. law in the trial court and not issues alleging fundamental fairness to the proceeding itself. Reply brief. The court allows the appellant errors in the evidence and testimony in the The appellate court will act on a “structural to respond by filing a Reply Brief. The case. The appellate court has only the error” it has found by reversing the decision appellant should do this only if the Brief of transcript and the record of appeal before it. of the trial court. Appellee raised or discussed an issue in a Appellant attorneys. The appellant’s trial Affirmation sought. Appellate courts seek way which was not sufficiently addressed in attorney may identify issues upon which the to find any way that they can uphold the the Brief of Appellant. If the Brief of appellant can raise an appeal. However, judgments of the trial court because of Appellant set out the appellant’s position appellant attorneys, who specialize in strong social interests in conformity and fully and well, then little need exists to file a appeals, can usually find other issues as finality. Appeals win by showing Reply Brief. For simplicity of the appellant’s well. Although the appellant attorney didn’t fundamentally unfair or improper event(s) in position, he should not file one. attend the trial and has only the transcript the trial court, and the appellate court will Orals scheduled. At some point after the and record to work from, the appellate court most likely reverse the judgment in order to filing of the last brief, the clerk of the works with the same materials. More preserve the integrity of our system of law. appellate court will schedule the case for importantly, the appellate attorney often A skillful and hard-working appellate attorney oral argument before the appellate panel. finds insufficient representation – errors will persevere in persuading the appellate Federal courts of appeals and state made by the trial attorney – which the trial court that it best serves justice by reversing intermediate courts of appeal sit in panels of attorney may not care to admit, or which he or, at least, modifying the judgment of the three judges. State supreme courts and the does not recognize. trial court. Supreme Court of the United States sit in Appellate procedure. The appellate court Appellant brief. The appellant’s attorney panels of seven or more. considers and rules on issues of whether the must file the Brief of Appellant which Orals presented. Counsels will appear in trial court made mistakes of law which justify contains: the Statement of the Case (the person before the panel on the appointed reversing or modifying the judgment in order procedural history of the case – what day and argue the case. This hearing allows to bring it in line with the law. Such issues happened, when, and in which court), a the parties to answer questions from the include: whether the judge properly admitted Statement of Facts (a summary of evidence judges and to focus the court’s attention on evidence; whether the judge properly introduced at the trial court), an Argument important aspects of the issues. The court instructed the jury; whether the evidence (the legal basis for the appeal for each error expects counsel to intimately know the case viewed in favor of the winning party claimed with appropriate cites to and to attempt to persuade the court on the sufficiently supported the verdict; whether constitutional law, statutes, rules, and case merits of its position. Counsels participate in the court fairly selected jury members; law), and a Conclusion (stating the relief that these proceedings in a polite and scholarly whether pretrial publicity unfairly prejudiced the appellate court should grant). manner. The atmosphere does not lend the jury; whether the court improperly Most appellate courts limit the Brief of itself to the theatrics and exhortations more refused to allow appellant to admit Appellant to 50 pages of doubled-spaced common in the trial courts. exculpatory evidence or testimony; whether 12-point typeface (or larger) with one-inch the court imposed a lawful sentence. Predicting decisions? Defendants should margins at top, bottom, and right and 1¼ or not try to predict the decision based on the Appellate focus. Many criminal defendants 1½ inches at the left. Some attorneys behavior of the judges during oral believe that they must bombard the attempt to cheat these limitations by using arguments. Judges may express appellate court with every conceivable issue word processors to expand the margins sympathetic or hostile demeanors during in order to ensure that they cover every slightly and to place the lines slightly closer questioning simply as their method of their possible angle to free them from their together, and by using many footnotes comprehensive investigation of the facts. conviction. Of course they anxiously pursue which don’t fall under the double-spaced Judges will attempt to shoot down the their freedom. Skillful appellate attorneys limitation and, in some appellate courts, the appellant attorney’s arguments from every realize, however, that appellate judges who typeface limitation. The justice system angle. Judges will do this simply to focus spend the time and effort reading and developed these rules because their human the argument effectively. Likewise, considering weak arguments or peripheral appellate judges face heavy workloads. seemingly sympathetic questions need not issues must, by necessity, spend less time Appellate judges feel cheated and abused indicate a victory. considering the stronger and more central by such cheap tricks. Appellate decision. Some time after the issues. A bombardment of weak and The most convincing briefs will obey these peripheral arguments simply detracts from oral arguments, the court will issue its limitations and, in fact, go one better by judgment and a written opinion explaining its the credibility and character of the limiting the amount of footnotes, which appellant’s brief. (Consider a man who tells decision. The court reporter publishes the disturbs the reading and comprehension of written decision in hardbound books, which a woman every possible reason why she the text. Appellate judges studying the brief should go to bed with him.) will become precedent to guide future cases. will have a much more pleasant experience Too few judges hear too many cases, and Appellate review. The appellate court reading it, which contributes to its some courts may, unfortunately, take years exercises a full review of an issue if defense persuasiveness in the judges’ eyes. to produce and issue a decision. counsel in the trial court objected on the (Basically, look upon judges as human, and record to the item alleged as an error. The don’t anger the people who can grant you Further appellate review. Higher courts court performs a “harmless error analysis” of relief.) exercise strict requirements in granting the alleged error to determine whether it was further appellate review after losing the appeal in the “first instance” (described A free publication. For imprisoned people only, – page 15 – who can reproduce it without permission. ` August 2019 above). The appellant must petition the however, dealt only with imprisonment for they have acted under the authority of their higher court for such a review, arguing that a criminal offenses and, not until 1816, did its own governments, so that their guilt or lower appellate court erred in its application benefits extend to persons detained for other liability must be determined by international and analysis of the law, or that the law must reasons. law. The state courts may issue the writ in all be modified or extended to achieve Modern Use. Governments of continental cases that do not fall exclusively under substantial justice. Europe do not provide for the protection by federal jurisdiction. Federal system. Federal Courts of Appeals the right of habeas corpus against arbitrary rarely grant rehearing or rehearings en banc imprisonment. In the democratic countries of DUE PROCESS OF LAW (a full bench of all active judges in the Western Europe, however, the codes of Overview and History circuit). Appellant may file a petition of criminal procedure require the government For hundreds of years, the American legal certiorari in the Supreme Court of the United to inform an arrested person of the charges system has used the right to “due process” States, which grants reviews of a hundred with reasonable promptness and to allow the to protect the legal rights of individuals, but cases a year out of the many thousands that person to seek legal counsel. In many other has found difficulty defining it. file for it. Of the thousands of pro se filings countries, governments sometimes subject for certiorari every year, the US Supreme persons to lengthy periods of imprisonment England. Magna Carta refers to due Court decides to hear only a few dozen – without being informed of the charges. Many process as “law of the land” and “legal about one in every 200. Although these slim Latin American countries have adopted the judgment of his peers.” Some state odds may disappoint a pro se litigant, every writ of habeas corpus, either by constitutions in the US use these phrases. case differs from another and litigants should constitutional provision or by statutory The US Constitution’s Fifth Amendment file. enactment, but have frequently nullified its grants due process protection against the use during periods of political or social federal government and its agencies and THE WRIT OF HABEAS upheaval. courts. The Fourteenth Amendment extends CORPUS US law. The federal and state constitutions due process protection toward all state governments, agencies, and courts. Introduction. Habeas Corpus (Latin, “you in the United States establish the use of should have the body” – from the first words habeas corpus. Article I, Section 9, of the US In the United States, due process refers to of the writ), a writ or order issued by a court Constitution provides that no court shall the “hows” and the “whys” of enforcing laws. commanding to have a person, detained by suspend the privilege of the writ of habeas It applies to all persons, citizen or alien, and a government entity, to appear in that court corpus except in cases of rebellion or also to corporations. to allow the court to determine the legality of invasion, where the public safety may The “how,” referred to as “procedural due that detention. The writ of habeas corpus require it. The constitutions of most states process,” holds great importance. For originated under English law in order to contain similar provisions, and some states example: How does a law read?–Vaguely? liberate illegally detained persons; a purpose forbid suspension of the writ in any case. How does a law apply itself?–Fairly to all? which continues to this day to protect against Massachusetts suspended the privilege of How does a law handle guilt?–Does it arbitrary imprisonment. the writ from November 1786 to July 1787, presume guilt? In a more specific example, a during Shays’ Rebellion. The outstanding court may declare a vagrancy law as too History. Early use of the writ as a instance in the US of the suspension of the constitutional remedy against the tyranny of vague (“constitutionally vague”) if it fails to right of habeas corpus occurred in 1861 clearly define vagrancy. A court may declare the British Crown occurred in the latter part during the American Civil War, when of the 16th century by persons imprisoned a law that prohibits wife beating but which Abraham Lincoln suspended it by permits husband beating as illegal because by the Privy Council. Judges, however, often proclamation. In 1863 Congress explicitly found weaknesses in the effectiveness of of unfair application. A clear and fair law empowered Lincoln to suspend the privilege having a presumption of innocence should the writ. In a case in 1627, the judges of the writ during the war. In later years, decided that a warrant of the Privy Council withstand tests by the courts regarding its courts in several states suspended the compliance to procedural due process. supplied sufficient proof to detain the privilege when state executives declared prisoner. In 1641, Parliament tried to martial law during strikes. The “why,” referred to as “substantive due increase the writ’s effectiveness by process,” also holds great importance. Even legislating the abolishment of the infamous Courts originally limited use of the writ to if a legislature passes and signs an Star Chamber. This legislation provided that cases of illegal imprisonment, but unreasonable law, a court, testing for courts should grant a writ of habeas corpus subsequently extended its use to include substantive due process, can declare the without delay to a person imprisoned by a controversies in divorce and adoption law as unconstitutional. A court in the Roe v. court exercising jurisdiction similar to that of proceedings involving the custody of minors. Wade abortion decision declared a Texas the Star Chamber, or by command of the For such applications of the writ, courts have law in violation of due process and ruled that sovereign or of the Privy Council; and that declared that the state has the right, above in the first trimester, a state would the court must determine the legality of the any parental or other claims, to determine unreasonably interfere with a woman’s right imprisonment within three days after the the children’s best interests. to an abortion; during the second trimester, a return of the writ. The subsequent refusal of Both federal and state courts issue writs of state could reasonably regulate abortion in judges to issue writs of habeas corpus habeas corpus. Federal courts, however, the interest of the health of mothers; and in during vacation periods resulted in the can issue such writs only under given the third, the state has a reasonable interest passage by Parliament of the Habeas conditions, as for a prisoner detained by to act in protecting the fetus. In other Corpus Act of 1679 which imposed severe order of the federal government or has been examples, courts have struck down penalties on any judge who refused, without committed for trial before a federal court. legislation requiring states to confine certain good cause, to issue the writ as well as on Federal courts can also issue writs of non-dangerous mentally ill persons against any officer or other person who failed to habeas corpus when a charge against a their will. comply with it. That statute raised the prisoner concerns an act done in pursuance Remedies. Remedies generally granted by authority of the court above the authority of of a federal law or order of a federal court, or courts under due process scrutiny involve, any order of the sovereign, and it allowed concerns an act in violation of the US but are not limited to: the writ to become a powerful weapon for Constitution or of a law or treaty of the the protection of the liberty of the monarch’s United States. The jurisdiction of the federal • Courts must conduct trials fairly, publicly, subjects. The Habeas Corpus Act of 1679 courts in this regard extends to foreigners, if and in a competent manner

A free publication. For imprisoned people only, – page 16 – who can reproduce it without permission. ` August 2019 • Courts must allow a defendant the above, the owner could bring a lawsuit Rational basis. Courts apply a “rational opportunity to attend the trial alleging denial of procedural due process – basis” analysis to classifications not • Courts must allow a defendant the that the government had not taken the suspected. This analysis tests whether a opportunity to have an impartial jury try appropriate steps that existed to protect law reasonably relates to legitimate the case people’s property. People often refer to government interests. For example, a state procedural due process, which focuses on law requiring all drivers and passengers to • Courts must allow a defendant the the rights of the individual citizen, as [the wear seat belts while riding in an automobile opportunity to state his own defense government] giving a person the opportunity applies to the classification of drivers and • Legislatures must write laws so that a to “have his day in court.” passengers. Unlike the driving test example reasonable person can understand the Substantive Due Process. In contrast, above, it does not discriminate on the basis description of the criminal behavior substantive due process focuses on the of age or any other “constitutionally suspect • Governments may take taxes only for government and its authority to make and classification” (such as sex or race). Such a public purposes enforce certain kinds of legislation. For law serves the legitimate government • Governments may take private property example, the government notifies a interest of highway safety and, thus, passes only for public purposes homeowner that it plans to bulldoze his the “rational basis” analysis. • Governments must provide fair house. However, the owner has strong ····························································· compensation to owners of confiscated reservations about the purpose of the Due Process and the Fifth Amendment property bulldozing, and may bring a lawsuit alleging The first session of Congress under the new that the government violated his substantive ····························································· US Constitution passed a resolution due process rights. Substantive due expressing a desire to prevent Further Discussion on Due Process process means that the government cannot misconstruction or abuse of the US General. Due process refers to the enact arbitrary or unreasonable legislation. Constitution’s powers by the federal constitutional guarantees that the Clear laws. Governments must create laws government by adding further declaratory government cannot deny a person the basic so that a person of ordinary intelligence and restrictive clauses. rights of life, liberty, and property in arbitrary need not guess at their meaning. Criminal Thomas Jefferson, considered as the author or unreasonable manners. For example, if laws receive great amounts of scrutiny the government intends to bulldoze a of the Constitution, wrote to President regarding substantive due process. A law Madison urging a need for a Bill of Rights person’s house in order to use the land for a that states: “A person cannot be in a public new highway, the government must notify saying, “the tyranny of the legislatures is the way without a purposeful intention” cannot most formidable dread at present, and will the owner and allow the owner the survive a proper analysis for substantive due opportunity to state objections to the be for many years. That of the executive will process. The courts declare such statutes come in its turn.” in 1790, Congress desired government’s plans and to propose as “constitutionally vague” or “void for alternatives. and adopted the Bill of Rights, which vagueness” because they give no clear or contains the first ten amendments to the US Provisions. The right to due process fair indication of what activity it prohibits. Constitution – a means to safeguard derives at two provisions in the US Purposeful laws. If a law survives an guaranties and immunities inherited from our Constitution. The first provision, which is analysis for substantive due process, it and English ancestors. part of the Fifth Amendment, states that no the means provided for their enforcement Over this fear of misconstruction or abuse of person shall “be deprived of life, liberty, or must have a legitimate governmental property, without due process of law.” The the Constitution by the federal government, purpose. For example, a state’s law part of the Fifth Amendment reads: justice systems interpret this guarantee to requiring new residents to subject apply only to the federal government. The themselves to an AIDS test would exceed “...nor [shall any person] be deprived of life, second provision, part of the Fourteenth the state’s authority and invade individual liberty, or property, without due process of Amendment, provides that no state shall privacy to such a degree that it would violate law;...” “deprive any person of life, liberty, or substantive due process rights. Due process of law basically means the property, without due process of law.” Equal application. If a particular statute same as “the law of the land,” as used in the Because of these two provisions, all of the English Petition of Right in 1628 that linked branches of federal, state, and local affects only a certain segment of the population, the law will meet the due both expressions. That Petition reads that government must respect the due process no man should be “in any manner destroyed guarantees. process requirements as long as the government applies it equally to all persons but by the lawful judgment of his peers or by Citizens. Due process of law does not in that segment. For example, a law the law of the land”; and that no man should apply to actions by ordinary, private citizens. requiring all drivers over age 75 to take a be “put out of his land or tenements, nor For example, a landlord wants to relocate a driving test every two years. taken nor imprisoned, nor disinherited, nor tenant in a private housing complex in order put to death, without being brought to to make room for a parking garage. The Compelling state interest. If a law answer by due process of law.” discriminates between individuals in a tenant cannot complain about due process In Murray’s Lessee v. Hoboken, etc. (1855), of law against the landlord. The tenant, certain segment of the population, courts apply one of two analyses in order to the United States Supreme Court answered however, may have contractual rights to the question, What is due process of law? A exercise to prevent this from happening. determine whether it violates due process rights. Courts apply the “compelling state trial or other legal proceeding must, in order Applicability. The guarantee of due interest” analysis for constitutionally to give due process, conform to the process applies to American citizens, “suspect” classifications, such as age, race, guarantees contained in the US Constitution residents of possessions of the United or sex or if the law affects a fundamental and conform to the guarantees that have States, aliens, members of the armed freedom such as freedom of religion. This come to the American through the adoption forces, prisoners, and corporations. analysis determines whether the in this country of any part of the law of Procedural Due Process. Lawsuits classification furthers a compelling state England. This clause preserves to the alleging the denial of due process rights need. In the older driver testing law in the citizen against action by Congress, against have become more common. For example, example above, highway safety would action by the President, and against action if the government did not notify a suffice as a compelling state interest. by the courts, not only rights enumerated in homeowner of the bulldozing mentioned the Constitution itself, but also those A free publication. For imprisoned people only, – page 17 – who can reproduce it without permission. ` August 2019 privileges and immunities to which he D. Immunity structure of the federal court system. If after became entitled through the early adoption E. Facts and Evidence considering this information, you feel you and application in America of English law. have a case to file in federal court and you III. Representation by an Attorney: Its wish to represent yourself, this handbook “The Constitution contains,” stated the Court Importance. in Murray, “no description of those also contains additional information to assist processes which it was intended to allow or A. Alternatives to Going to Court you in filing your case and utilizing the forbid. It does not even declare what 1. Arbitration appropriate rules of procedure for the United principles are to be applied to ascertain 2. Mediation States District Court. whether it be due process. It is manifest that 3. Settlement Conference Do not consider this handbook as the final it was not left to the legislative power to word, nor should you use this entire enact any process which might be devised. B. Necessity of Exhausting Available handbook be used as your only resource. The article is a restraint on the legislative as Remedies Consider using this handbook only as the well as on the executive and judicial powers 1. Administrative Grievance Procedures first step in filing your own lawsuit. of the government, and cannot be so 2. Petition for Writ of Habeas Corpus The Clerk of Court can assist pro se litigants construed as to leave Congress free to with questions regarding the Local Rules of make any process ‘due process of law,’ by C. Attorney Fee Sanctions and How They Apply to the Pro Se Litigant Civil Procedure and the Local Rules of its mere will. To what principles, then, are Criminal Procedure as well as the Federal we to resort to ascertain whether this IV. The Structure of the Courts: Should This Rules of Civil Procedure and the Federal process, enacted by Congress, is due Case be Filed in State or Federal Court? Criminal Rules of Procedure. However, by process? To this we must answer be V. Rules and Procedures for Filing a Case in law, the clerk and other court staff cannot twofold. We must examine the Constitution District Court. answer questions of a legal nature. itself, to see whether this process be in conflict with any of its provisions. If not A. Procedures Found in the Local Rules Mission. United States District Court found to be so, we must look to those settled B. Procedures on Filing and Time Lines provides an impartial and accessible forum usages and modes of proceeding existing in for the just, timely, and economical C. Forms Index resolution of legal proceedings within the the common and statute law of England, - Forms to be used by Pro Se Litigants before the emigration of our ancestors, and jurisdiction of the courts, so as to preserve which are shown not to have been unsuited - Forms to be used by Incarcerated Pro judicial independence, protect individual to their civil and political condition by having Se Litigants rights and liberties, and promote public trust been acted on by them after the settlement VI. Trial Procedures: and confidence. of this country.” A. Pretrial Conference and Order CHAPTER II – Five Required Elements of ····························································· a Lawsuit. You must meet five critical B. The Trial -- The Role of the Judge and elements before filing a case in federal court. Due Process and the Fourteenth Jury Amendment The following summarizes what you should C. Selection of the Jury consider before filing a case in federal court; In the first years in the life of our new D. Opening Statements however, do not consider this as the final country, our founding fathers feared the word. Also understand that even if you meet power of the federal government to deprive E. Testimony of Witnesses all five elements, you may not prevail in anyone of life, liberty, or property without F. Motions During the Course of the Trial court. due process of law. Experience later 1. Motion in Limine showed that the states can also act THE FIVE REQUIRED ELEMENTS OF A tyrannically in depriving a person of these 2. Motion for Instructed or Directed LAWSUIT rights. In Ex Parte Young, the US Supreme Verdict A. Real Injury or Wrong. Court stated that “no change in ancient 3. Motion for Mistrial B. Jurisdiction. procedure can be made which disregards 4. Objections C. Statute of Limitations. those fundamental principles ... which ... protect the citizen in his private right and G. Rebuttal Testimony D. Immunity. guard him against the arbitrary action of the H. Closing Arguments E. Facts and Evidence. government.” I. Charge to the Jury A. Real Injury or Wrong. Cases brought by UNITED STATES DISTRICT J. Mistrial pro se litigants typically fall into two K. Preparation of Judgment categories: civil rights violations and tort COURT PRISONER’S PRO SE claims. L. Costs HANDBOOK A civil rights case involves a claim seeking M. Satisfaction of Judgment – An example of how to file your case in redress for the violation of a person’s federal court – VII. Legal Research – An Overview constitutional rights. This type of claim is often brought under the federal statute, 42 U.S.C. §1983. Under this law, a person who ALWAYS CONSULT THE LOCAL CHAPTER I – Introduction. This handbook acts under color of state law to violate RULES FOR YOUR FEDERAL specifically addresses the needs of you, the pro se prisoner. It provides you with practical another’s constitutional rights has DISTRICT COURT and informative initial resources to assist you responsibilities for damages. Table of Contents in the decision-making process and in the A tort refers to “a private or civil wrong or filing of a lawsuit when choosing not to retain injury,” separate from criminal law because I. Introduction the aid of a licensed attorney. of its injury against an individual and not the state (city, county, or state government). If a II. The Five Required Elements of a Lawsuit The next three chapters provide information A. Real Injury or Wrong person ran a stoplight and hit your car, the that you should consider before filing your state would ticket the driver for running the B. Jurisdiction own lawsuit such as whether or not you stoplight but the state could not sue the C. Statute of Limitations have a case you can win, the importance of driver for the injuries received by you of your legal counsel and the alternatives, and the car. The law considers those injuries as a A free publication. For imprisoned people only, – page 18 – who can reproduce it without permission. ` August 2019 private wrong or injury, and you have a right, Standards of Conduct. Federal judges yourself. Also, other extremely complex as the victim, to file a civil suit against the perform their duties according to the Code of matters that deserve appropriate driver seeking damages for the injuries Conduct for United States Judges. File representation by an attorney. received. complaints according to the rules of your In a criminal case against you, the United Three types of torts exist: intentional, Circuit’s Judicial Council Governing States entitles you to legal counsel and the negligence, and strict liability. You cannot Complaints of Judicial Misconduct or court can provide one if you can show sue someone just based on your anger at Disability about a judge who has engaged in indigence. However, no law exists which them; The person must have caused an conduct prejudicial to the effective and entitles you, as a plaintiff, to an attorney in a injury to you in some way. You can bring a expeditious administration of the business of civil case. Organizations exist which can tort action in federal court if a violation of a the courts, or a judge cannot discharge all help you obtain counsel in civil matters for federal law has occurred. the duties of the office by reason of mental nominal fees or even on a volunteer basis. or physical disability. Address complaints Most state bars have referral services that B. Jurisdiction. Jurisdiction refers to the through the regular appellate process only authority given to a court to hear and decide list attorneys willing to help indigent parties about a judge’s decisions on procedural in several different ways. Legal Aid Services certain cases. For a court to render a valid matters or the merits of disputes. judgment, it must have both jurisdiction over and the American Civil Liberties Union may the subject matter of the controversy and The Clerk of Court and the Clerk’s Office also provide help. Some attorneys may jurisdiction over the persons or entities staff perform their duties according to the represent you on a contingent fee basis involved. Chapter IV of this handbook Code of Conduct for Judicial Employees. where the attorney collects a fee only if the describes the court system more fully; For example, part of the codes of conduct suit prevails and the court awards money to however, to file a case in federal court, you prohibit Clerk’s Office employees from you. must meet at least one of two important accepting any gift, without exception, from A. Alternatives to Litigation in Federal criteria: anyone seeking official action from or doing Court. Under the Civil Justice Reform Act of business with the court or from anyone who 1990, the United States District Court 1. Your case must involve a “federal has interests substantially affected by the question” of law; or adopted the concept of Alternative Dispute performance or nonperformance of official Resolution (ADR). ADR provides options of 2. The parties to the case must reside in duties. This prohibition includes accepting resolving disputes before and/or after the different states (known as diversity of any sort of holiday gift, whether intended for filing of a lawsuit. Several forms of ADR citizenship) and the monetary amount in the Clerk’s Office as a whole or for a specific exist, and the following describe the four controversy must exceed $75,000. individual. File complaints to the Clerk of basic forms: Federal courts enforce “federal law,” Court about the performance or behavior of Clerk’s Office staff. File complaints to one of 1. Arbitration: A dispute resolution process meaning the United States Constitution and in which one or more arbitrators issue a federal statutes enacted by Congress. State the judges about the performance or behavior of the Clerk of Court. non-binding judgment on the merits after courts enforce state laws. Sometimes they an expedited, adversarial hearing. The overlap, such as in diversity cases. E. Facts and Evidence. You cannot sue arbitrator’s non-binding decision Difficulties in determining such issues shows someone over a belief or a feeling that the addresses only the disputed legal issues the importance of obtaining legal counsel. person has violated your rights. You must and applies legal standards. Either party C. Statute of limitations. A statute of have facts to support your lawsuit such as may reject the non-binding ruling and limitations refers to the part of a statute that the time and place of the incident, witnesses request a trial de novo in district court sets a particular period of time within which who observed the behavior, and actual within 30 days of the arbitrator’s decision. you can file a suit. It begins to run when a articles of evidence such as a gun or a If they do not request trial de novo and person has injured you or violated your right. police report or other documentary evidence. do not attempt settlement, the arbitrator’s For example: Your bear the burden of proof to prove the decision becomes the final, non- • Car accident or other personal injury: 2 case; and without factual evidence, your appealable decision. case will not prevail. years 2. Mediation: A flexible, non-binding • Civil rights violation: 2 years You must have all five required elements dispute resolution process in which the before you can successfully consider filing a • Contract dispute: 6 years mediator (an impartial neutral third party) case against someone or some entity. After facilitates negotiations among the parties • Medical malpractice: 2½ years meeting all of these elements, you must still to help them reach settlement. Unlike D. Immunity. Immunity prohibits you from follow the procedures set out for the arbitration, mediation can expand suing a person for an act included in the particular court in which you will file their traditional settlement discussions and performance of his/her duties as prescribed case. Chapter V of this handbook discusses broaden resolution options, often by by law. When a judge decides a case, he the rules and procedures for filing lawsuits in going beyond the legal issues in does so immune from suit because he the United States District Court. To file a controversy. Courts automatically assign performs his duties as directed by law. case in any other court, you should contact all civil cases to mediation except: However, if a judge operates his car illegally the clerk’s office of that court for information prisoner petitions, Social Security, and caused you harm, you can sue him for regarding local rules and procedures for student loan recovery, Medicare, damages because driving his car does not filing that particular case. forfeiture, Bankruptcy appeals, federal fall under his judicial duties. CHAPTER III – Representation by an tax suits, Federal Tort Claims Act cases Immunity from suit extends to most Attorney. This chapter deals with in excess of $1 million, and cases government employees for their work information regarding representation by legal involving Temporary Restraining Orders, performed according to their assigned duties counsel. Please take time to read this Preliminary Injunctions or other while unaware of a violation of the law. information. Alternatives exist to filing a extraordinary injunctive relief. Courts lawsuit on your own, and you should give also make all Bankruptcy adversary Realize that government employees may these alternatives your utmost consideration. proceedings and contested cases use immunity as a defense against liability. This handbook addresses your needs if wish eligible for assignment to mediation. The A person can also assert other legal court will allow a party to “opt out” of the defenses to protect them from liability. to file a lawsuit pro se (without the aid of an attorney). However, if indigent, you, should mediation process only upon understand the alternatives to representing successfully demonstrating to the Court A free publication. For imprisoned people only, – page 19 – who can reproduce it without permission. ` August 2019 by motion that “compelling reasons” exist exhaust all available state law remedies. of this rule, the court, upon motion or upon as to why this mediation should not occur This means that if you want to challenge a its own initiative, shall impose upon you an or could not possibly produce meaningful conviction or a sentence, you must pursue appropriate sanction, which may include an results. General Order #130 governs your right of appeal under state law. You order to pay to the other party or parties the mediation. may accomplish this in two ways: (1) amount of the reasonable expenses incurred 3. Settlement Conferences: At any time direct right of appeal to the state Supreme because of the filing of the pleading, motion, after an action or proceeding is at issue, Court, or (2) by filing a petition for post- or other paper, including a reasonable any party may file a request for, or the conviction relief in the state district court attorney’s fee. assigned judge on his own initiative may followed by an appeal to the state CHAPTER IV – The Structure of the order, a settlement conference. Such a Supreme Court. Only after you have fully Courts: Should This Case be Filed in conference requires the parties to pursued the available state law remedies State or Federal Court? Two court explore the possibility of settlement prior will a federal court allow you to pursue a systems exist in the United States: the state to trial. An assigned judge then holds a federal petition for writ of habeas corpus. courts and the federal courts. The state conference and facilitates the parties to C. Attorney Fee Sanctions and How They courts typically hear matters relating to civil, come to settlement. All information Apply to Pro Se Litigants. Courts will criminal, domestic (divorce and child provided to the settlement judge is subject you, as a pro se litigant, to the same custody), probate, and property in confidential. sanctions as licensed attorneys. According accordance with the laws of each state. Courts provide ADR as an incentive for the to your local rules, the courts may subject Matters typically heard by the federal courts speedy, fair, and economical resolution of you to the following sanctions: involve violation of federal laws; admiralty controversies by informal procedures while • The court may sanction you for violation of and maritime matters; United States patent, preserving the right to a conventional trial. any local rule governing the form of trademark, and copyright matters; Courts do not impose any penalty upon pleadings and other papers filed with the bankruptcy proceedings; proceedings parties for not participating in these court only by the imposition of a fine. against ambassadors, consuls, and programs or for not accepting the decisions ministers. These matters usually fall into two • The Federal Rules of Civil Procedure main categories: or awards. Parties retain the right for a trial provides other sanctions for non-technical de novo. (1) federal question cases – cases which violations including but not limited to: arise under the Constitution, laws, or treaties B. Necessity of Exhausting Available imposition of costs, allowance of attorney of the United States; and Remedies. You should understand that, in fees, dismissal or default in the action, (2) diversity cases – civil matters arising some instances, the court may require you and contempt proceedings. between citizens or entities of different to pursue all available remedies before The court may require, in many states and the amount in controversy pursuing your claim in court. This most often circumstances, that the non-prevailing party exceeds $75,000. arises in two particular areas: (1) if you want pay the prevailing party for costs, including to appeal an agency decision, or (2) if you Remember that Chapter II discussed the five clerk’s fees and service fees; trial transcripts; required elements of a lawsuit. Before filing seek a writ of habeas corpus in the federal deposition costs; witness fees; mileage and court. a case in a federal court, you must decide if subsistence; exemplification and copies of the court has jurisdiction. Jurisdiction refers 1. Administrative Grievance Procedures. papers; maps, charts, models, photographs, to the authority given a court to hear and You may want to appeal the decision of summaries, computations, and statistical decide certain cases. some governmental agency that affects summaries; interpreter fees; docket fees; you. Prisoners typically become involved and other items. The United States Supreme Court. Article with administrative procedures. III of the United States Constitution gives As a pro se litigant, you must remember that authority to the United States Supreme If you want to appeal the denial of some the court may require you as the non- Court. This court normally reviews benefit provided through an agency of the prevailing party in your lawsuit to reimburse judgments rendered by the United States United States government or the state, the other party(ies) for their costs and Courts of Appeals in each of the thirteen you must pursue all of the agency’s attorney fees, subject to the fact finding of federal judicial circuits. The United States administrative procedures before you can the judge. The court may sanction you for Supreme Court has original jurisdiction over bring a lawsuit. Only after you have improperly or frivolously filing pleadings, matters involving treason and presidential pursued and exhausted the administrative motions or other papers. impeachment. Rare instances may occur procedures, will the court have jurisdiction As a pro se litigant, you must sign your when the United States Supreme Court may to hear a claim. pleadings, motions, or other papers and review a judgment rendered by a state court, 2. Petition for Writ of Habeas Corpus. include your address. Your signature but only after the highest applicable court of You, as a prisoner or a person otherwise constitutes your certification (1) that you the state has issued a final judgment or in custody pursuant to court order, may have read the pleading, motion, or other decree involving a substantial federal wish to challenge the fact or duration of paper; (2) that, to the best of your question. his confinement. You would bring such a knowledge, information, and belief formed The following summarizes all of the other challenge as a petition for writ of habeas after reasonable inquiry, facts support its federal courts established and given their corpus against the person or entity who contents and existing law or a good faith authority by acts of Congress enacted under holds you in custody, e.g., state or county. argument warrants the extension, constitutional authority. If you can successfully show that the modification, or reversal of existing law, and person or entity violated a constitutional (3) that you do not interpose it for any United States Courts of Appeals. right, which would have otherwise improper purpose, such as to harass or to • The Courts of Appeals for the District of prevented your incarceration (“fact of cause unnecessary delay or needless Columbia and for the First through the incarceration”) or the duration of the increase in the cost of litigation. Eleventh Circuits hear appeals from the incarceration, the court will grant a writ of If you do not sign a pleading, motion, or federal district courts, bankruptcy courts, habeas corpus. other paper, the court shall stricken it unless and tax courts. They also review some However, before a federal court will you sign it promptly after the omission is decisions of various federal administrative accept your filing of such a petition, the called to your attention. If you sign a agencies. court will require you to pursue and pleading, motion, or other paper in violation

A free publication. For imprisoned people only, – page 20 – who can reproduce it without permission. ` August 2019 • The United States Court of Appeals for state and foreign states or citizens or • All proceedings to condemn real estate for the Federal Circuit hears appeals from subjects thereof; or “diversity” cases, the use of the United States or its final decisions of federal district courts for where additional parties involving citizens departments or agencies. civil actions arising under any Act of of different states concerning foreign • Actions involving use or management of Congress relating to patents, plant variety states or citizens or subjects thereof. the public lands of the United States. protection, copyrights and trademarks, • All criminal offenses against the laws of • Actions involving regulations by the United including claims of unfair competition the United States. when joined with substantial and related States of environmental quality. claims dealing with patents, copyrights, • Admiralty, maritime, and prize cases. CHAPTER V – Rules and Procedures for etc. as well as the final decisions of the • Bankruptcy matters and proceedings. Filing a Case in District Court. Whether district courts and the United States • Actions of interpleader involving money or an attorney represents you as a party to a Claims Court involving the United States property of value of $500 or more claimed lawsuit or you represent yourself in a lawsuit, as a defendant, and appeals from by citizens of different states. the court in which you filed your case will subject you to its rules of procedure. The decisions of the United States Court of • Action to enforce, enjoin, set aside, annul, International Trade, and United States federal courts enforce the Federal Rules of or suspend, in whole or in part, any order Civil Procedure (Fed. R. Civ. P.) and the Patent and Trademark Office, the United of the Interstate Commerce Commission. States International Trade Commission Federal Rules of Criminal Procedure (Fed. relating to unfair import practices, and • Actions or proceedings arising under any R. Cr. P.) as well as other rules of procedure decisions by the Secretary of Commerce act of Congress regulating commerce or regarding other areas such as evidence, relating to import tariffs, among others. protecting trade and commerce against appeals, etc. No matter what the document restraints and monopolies (“antitrust” or procedure, you must follow the particular • United States Court of Military Appeals. cases). This court hears appeals from court rule or rules that govern the matter. martial decisions. Parties cannot appeal • Any civil action arising under any act of In the United States District Court enforce its decisions to any other court. Congress relating to the postal service. not only all of the federal rules of procedure • United States Claims Court. This court • Actions arising under any act of Congress listed above but also the Local Rules of Civil hears certain kinds of actions against the providing for internal revenue or revenue Procedure and the Local Rules of Criminal United States Government, except those from imports or tonnage except matters Procedure. The numbering system of the involving tort claims under the Federal within the jurisdiction of the United States Local Rules coincides with the numbering Tort Claims Act. Parties may appeal its Customs Court. system of the applicable federal rules for decisions to the United States Court of • Any civil action authorized by law to be easy reference. Your prison law library Appeals for the Federal Circuit. commenced by any person dealing with should contain these federal rules. As a pro se litigant, you have the responsible for • Tax Court of the United States. This court civil rights, election disputes, and voting rights. becoming familiar with, and following, the hears cases concerning the federal tax court’s local rules and procedures. laws. Parties can appeal its decisions to • All civil actions, suits, or proceedings the United States Court of Appeals. commenced by the United States or by A. TYPICAL LOCAL RULES. Warning – any agency or officer thereof. This list does not necessarily contain the • United States Court of International Trade. local rules for your district. You must refer This court hears cases concerning the • Actions for recovery of interest revenue to your own district’s local rules. federal tariff laws. Parties can appeal its tax or actions not exceeding $10,000, decisions to the United States Court of founded upon the United States • General format of pleadings. Appeals for the Federal Circuit. Constitution, any action of Congress, or • Proof of service. • United States Bankruptcy Courts. These any regulation of any executive • Copies of orders and envelopes . courts hear all matters pertaining to department (The United States Court of • Non-filing of discovery. Claims has concurrent jurisdiction in these bankruptcy and financial reorganization. • Motion practice. Parties can appeal their decisions to the actions). United States District Court and, in some • Actions for the partition of lands where the • Requests and orders to shorten cases, to the appropriate United States United States is one of the tenants in or extend time or continue trial. Court of Appeals. common or is a joint tenant. • Stipulations. • United States District Courts. These • Actions involving national banks and other • Form of a motion to amend and courts try both criminal and civil actions federal corporations. its supporting documentation. and sit as admiralty courts. They may also • Actions involving labor disputes which are • Pre-trial procedures. review decisions of federal administrative authorized by specific statutes to be • Infants and incompetent persons. agencies. At least one United States litigated in federal court. District Court exercises jurisdiction within • Disclosure of facts. • Aliens’ actions for torts. in each state. Parties can appeal their • Limitation on depositions. decisions to the appropriate United States • Tort claim actions against the United Court of Appeals. States. • Limitation on interrogatories. United States District Courts. These • Actions and proceedings against consuls • Notation of “Jury Demand” in the courts have both civil and criminal or vice consuls of foreign states. pleading. jurisdiction. They have original jurisdiction in • Actions on bonds executed under any law B. FILING PROCEDURES, RULES AND the following types of actions: of the United States (state courts have TIME LINES: • Civil actions arising under the concurrent jurisdiction in these actions). • CIVIL COVER SHEET Constitution, laws, or treaties of the United • Actions involving Indian allotments or land Description: The document that must States (“federal question” cases). grants to the states. accompany the complaint and • Actions where the matter in controversy • Actions involving injuries protected by summons before filing can occur. (Form exceeds the sum or value of $75,000, specific federal laws (i.e., the Federal 1.) exclusive of interest and costs between Employers Liability Act). Applicable Rule(s): LR5.1(d) citizens of different states; citizens of a Time Line: Initial filing. A free publication. For imprisoned people only, – page 21 – who can reproduce it without permission. ` August 2019 • COMPLAINT of depositions, depositions, • PETITION UNDER 28 U.S.C. SECTION Description: Sets out the parties, the interrogatories, requests for documents, 2255 FOR WRIT OF HABEAS CORPUS controversy and the governing law, requests for admission, and answers BY A PERSON IN FEDERAL CUSTODY allegations, statements of facts, and and responses thereto shall be served • PETITION UNDER 28 U.S.C. SECTION demand for relief. upon other counsel and parties but shall 2254 FOR WRIT OF HABEAS CORPUS NOT be filed with the court unless on BY A PERSON IN STATE CUSTODY Applicable Rule(s): LR 3.1, LR5.1(b), order of the court or for use in the FRCP 10 proceeding. CHAPTER VI – Trial Preparation. The Time Line: Initial filing. Local Rules cover all phases of trial Applicable Rule(s): LR 5.5, LR 26.2 preparation from the pretrial conference to • SUMMONS Time Line: Documents are exchanged the satisfaction of judgment. The following Description: Issued by the Clerk at the between the parties prior to certain information is not meant to be all inclusive time of filing the complaint, the deadlines. and you should always consult the Federal summons is served on the defendant • PRETRIAL PROCEDURES Rules of Civil Procedure and the Local Rules with a copy of the complaint. A Waiver of the United States District Court to find out of Service of Summons can also be Description: All rules governing all what the court requires of all parties when served on the defendant with a copy of Pretrial requirements and hearings are filing suit and participating in trial. Local Rule the complaint. (Forms Index: C.4 and set out in this rule. 16.1 sets out those pretrial requirements that C.5) The summons informs the Applicable Rule(s): LR16.1 all parties should be aware of. At the time of defendant that they must answer the Time Line: --- filing the initial complaint, parties must allegations in the complaint or judgment request a jury trial or court trial. will be entered in favor of the plaintiff. C. FORMS INDEX Forms to be used by Pro Se Litigants: A. Pretrial Conference and Order. Prior to (Form 2.) the actual trial, a pretrial conference is Applicable Rule(s): FRCP 4, LR 5.2 • CIVIL COVER SHEET usually held between the trial judge and Time Line: Issued with the seal of the • SUMMONS IN A CIVIL ACTION counsel to determine if all discovery has Clerk. • SUBPOENA IN A CIVIL ACTION been completed, what exhibits and • MOTIONS AND PROPOSED ORDERS witnesses each side might use during the • SCHEDULING CONFERENCE trial, the approximate length of time that will Description: To seek an order from the FORM/LITIGATION PLAN be necessary for the trial, and what ground court on some particular matter during INSTRUCTIONS rules the judge will require before, during, the pendency of a case. Either party (When case is assigned to Article III and after the trial. After the conference, a may bring. Judge.) pretrial order is usually prepared which sets Applicable Rule(s): LR 7.1, LR 5.4, a. Scheduling Conference out the above. FRCP 11 & 12 Form/Litigation Plan Instructions B. The Trial -- The Role of the Judge and Time Line: Motions are filed with the b. Notice of Availability of the Magistrate Jury. A trial is defined as “a judicial Clerk, and proposed Orders are sent to Judge to Exercise Civil Jurisdiction examination of issues between parties to an the respective Judge’s office for review. and Appeal Option action.” The parties each get the opportunity • RESPONSE TO MOTIONS to present their side of the case, and the c. Waiver of Service judge and jury (if the trial is a jury trial) are Description: The other party is entitled d. Notice of Lawsuit and Request for responsible for entering a verdict and to respond to a motion. Waiver of Service of Summons judgment based on the evidence and Applicable Rule(s): FRCP 6, LR 7.1 e. Waiver of Service of Summons arguments presented. It is the judge’s duty (a)(2) • NOTICE OF ASSIGNMENT TO to see that only proper evidence and Time Line: Within 14 days of when the MAGISTRATE JUDGE arguments are presented. In a jury trial, he motion was served. also instructs the jury which will be called on a. General Order No. 98 to make decisions regarding those matters • PROOF OF SERVICE REQUIREMENT b. Scheduling Conference at issue and then a judgment is entered Description: Whenever a document is Form/Litigation Plan Instructions based on the verdict reached by the jury. filed with the court, there must be a c. Scheduling Conference Local Rule 58.1. proof of service certificate included, Form/Litigation Plan which certifies that a copy of the If the parties have not requested a trial by document was sent to the other party. d. Notice of Lawsuit and Request for jury, Local Rule 38.1, the judge becomes the Waiver of Service of Summons trier of law (the judge) and the trier of fact Applicable Rule(s): LR 5.2 e. Waiver of Service of Summons (the jury). The judge then enters a Findings Time Line: Attached to the document of Fact and Conclusions of Law, sometimes served and filed with the Clerk. • INSTRUCTIONS FOR FILING A prepared by the prevailing party, based on COMPLAINT UNDER THE CIVIL • COPIES OF PLEADINGS the evidence and arguments presented and RIGHTS ACT, 2 U.S.C. SECTION 1983 then a judgment is entered based on those Description: When motions and • CERTIFICATE OF SERVICE BY MAIL findings of fact and conclusions of law. stipulations are filed, you are required to include copies of the proposed order Forms to be used by Incarcerated Pro Se C. Selection of the Jury. A jury trial begins and stamped, addressed envelopes for Litigants: with the judge choosing prospective jurors to each of the parties to be served. • APPLICATION TO PROCEED IN be called for voir dire (examination). Local Rule 47.1. The jury box shall be filled before Applicable Rule(s): LR 5.4 FORMA PAUPERIS, SUPPORTING DOCUMENTATION AND ORDER examination on voir dire and the Court will Time Line: Received by the Clerk and examine the jurors as to their qualifications. forwarded to the Judge for review. • INSTRUCTIONS FOR FILING A Not less than five (5) days before trial, the COMPLAINT BY A PRISONER UNDER • DISCOVERY parties are to submit written requests for voir THE CIVIL RIGHTS ACT, 42 U.S.C. dire questions. Unless otherwise ordered, Description: Initial disclosures, SECTION 1983 six (6) jurors plus a number of jurors equal to disclosure of expert testimony, notices the total number of preemptory challenges A free publication. For imprisoned people only, – page 22 – who can reproduce it without permission. ` August 2019 which are allowed by law shall be called to defendant at the close of evidence a new jury. A jury which cannot reach a complete the initial panel. Local Rule 48.1. presented by the plaintiff’s side and is verdict is usually referred to as a hung jury. After voir dire of all prospective jurors, a jury based on the premise that the plaintiff has K. Preparation of Judgment. Following of six (6) is named and instructed by the failed to prove his case. If it is granted, the the entry of the jury’s verdict, either side may judge regarding the issues they will be court instructs the jury to render a verdict give notice of its intention to appeal. The deciding. Local Rule 51.1. for the defendant and against the plaintiff, judgment is prepared by the prevailing side Peremptory challenges: Each party has and the trial is concluded in the and presented to the court for entry. These been given a number of peremptory defendant’s favor. If the court denies the post-trial motions usually set out why the challenges established by law, which enable motion, the trial continues with jury’s verdict should be disregarded or why the parties to reject prospective jurors presentation of the defendant’s side. the judgment submitted by the other side without cause. This decision is based on • Motion for Mistrial: Either party can move should be more in keeping with the jury’s subjective considerations of the parties for a mistrial if, for example, during the verdict. Local Rule 58.1. when they feel a prospective juror would be course of the trial certain matters which L. Costs. If the jury or the judge awarded detrimental to their side of this case. are not admissible such as those costs to the prevailing party, it is necessary Challenge for Cause: Either the plaintiff or mentioned in a motion for limine are to prepare a bill of costs incurred in the suit defendant may challenge a prospective juror presented by any witness either purposely for the approval of the court. Costs are for cause when the prospective juror lacks a or unintentionally in the presence of the specified by Local Rule 54.1 as to what is qualification required by law, is not impartial, jury. If the jury grants the motion for allowable, and only those costs listed as is related to either of the parties, or will not mistrial, the trial is immediately ended and allowable may be recovered by the accept the law as given to him by the court the jury is dismissed. prevailing party. Within fourteen (14) days or other reasons approved by the court. • Objections: During the examination of a after entry of judgment, under which the D. Opening Statements. After the jury is witness, one side may “object” to the costs may be claimed, the prevailing party empanelled, each side may present an questioning or testimony of a witness or may serve and file a cost bill requesting opening statement. Local Rule 39.1. The presentation of evidence if the attorney taxation of costs itemized thereon. plaintiff has the burden of proving that feels the testimony or evidence about to Claims for attorney fees will not be treated plaintiff was wronged and suffered damages be given should be excluded. If the as routine items of costs. Attorney fees will from such wrong and that the defendant objection is sustained by the judge, that only be allowed upon an order of a judge of caused such damages; the plaintiff is particular testimony or evidence is the court after such fact-finding process as therefore allowed to present his statement excluded. If the objection is overruled by the judge shall order. Local Rule 54.3. the judge, the testimony or evidence may first. This may be followed by a statement by M. Satisfaction of Judgment. Whenever the defendant. be given. A ruling on an objection may be the basis for appeal; however, in order to the amount directed to be paid by any E. Testimony of Witnesses. After opening preserve the right to appeal, a party must judgment or order, together with interest (if statements are given, testimony of ask the court recorder that that portion of interest accrues) and the clerk’s statutory witnesses and documents are presented by the trial--the question/evidence, the charges, shall be paid into court by payment each side, plaintiff side to begin. Local Rule objection, and the ruling-- be transcribed to the clerk, the clerk shall enter satisfaction 43.1. Cross-examination is conducted by the in order to preserve the record for later of said judgment or order. The court will other side after the initial examination. If after appeal. enter satisfaction of any judgment upon a party has cross-examined a witness, the receipt of an acknowledgment from the other side has the opportunity to redirect G. Rebuttal Testimony. After each side prevailing party that all awards have been examination in order to requisition the has presented its evidence, the plaintiff may satisfied. Local Rule 58.2. witness on the points covered by the cross- be allowed to present some rebuttal testimony. CHAPTER VII – Legal Research – An examination. Overview. It is not the purpose of this If a witness testifies to one fact and a H. Closing Arguments. Closing arguments chapter to teach the pro se litigant legal statement or document in the files shows to the jury set out the facts that each side research and writing nor is it our goal to sort that testimony to be contradicted, the has presented and the reasons why the jury out the complexities of applying the law, document can then be used to question the should find in favor of the client. Time limits whether it be statutory or case law, to the witness on the accuracy of the witness’s are sometimes set by the court for closing facts of a particular case. The law prohibits statements. If the evidence produced shows arguments, and each side must adhere to personnel in the Clerk’s office from providing that the witness’s testimony is false, the the specified time. The plaintiff presents information regarding the application of the witness is considered impeached upon closing argument first and may present law to the facts of any case. The intention cross-examination. rebuttal to defendant’s closing argument. here is to provide information that is basic to Local Rule 39.1. F. Motions During the Course of the Trial. a law library to be used as a guideline. Before the closing arguments and up until I. Charge to the Jury. After each side Just as there are certain standards of the time the case is sent to the jury for presents testimony and evidence, the jury procedure for filing documents with the deliberation, certain motions may be made delivers his charge to the jury, usually in the Clerk’s office, there are certain standards for during the course of the trial. form of written instructions. Each side may citing authority when applying the law to the present proposed written instructions to the • Motion in Limine: This motion is made facts of a certain case. The most common judge for consideration. After the judge has source of citation standards is “A Uniform prior to the jury selection and it requests considered all proposed instructions, the jury that the judge not allowed certain facts to System of Citation,” Fifteenth Edition, is given each instruction which sets forth the published and distributed by The Harvard be admitted into evidence--such as jury’s responsibility to decide the facts in light insurance policies, subsequent marriages, Law Review Association, Cambridge, of the applicable rules of law. The jury then Massachusetts. It is more commonly criminal records, and other matters which returns a verdict granting favor to the plaintiff are either not relevant to the particular referred to as “The Bluebook” and or defendant and assesses damages to be sometimes as the “The Harvard Citator.” All case involved or which might influence the awarded, if any. jury unfairly. of the information required for proper citation J. Mistrial. If a jury is unable to reach a format can be found in this one text. • Motion for Instructed or Directed Verdict: verdict, in which case the judge declares a This motion is usually made by the mistrial, the case must be tried again before A free publication. For imprisoned people only, – page 23 – who can reproduce it without permission. ` August 2019 Authority is the information used to convince any reported case (cited decision) may be Appeal to State Appellate Court. a court how to apply the law to the facts of a checked to see when and how another Contends that trial judge made some legal case. Legal authority is divided into two court (the citing decision) has cited the error. classes -- primary and secondary. There are first decision. All cases must be checked Petition for Rehearing to State Appeals two sources of primary authority: (1) to make sure another court has not Court. Requests that appeals court judges constitutions, codes, statutes, and reversed or overruled your cited decision. change their own decision. ordinances; and (2) court decisions, Some basic rules of legal research are as State Supreme Court Appeal. Requests preferably from the same jurisdiction where follows: the case is filed. Secondary authority, which that highest court in the state review and is not cited except in certain circumstances, • Give priority to cases from your own overturn the decision of the mid-level is found in legal encyclopedias, legal texts, jurisdiction. appeals court. treatises, law review articles, and court • Search for the most recent ruling on a U.S. Supreme Court Appeal. Requests cases in other jurisdictions. subject matter. that highest court in the nation intervene to Primary authority. The most accepted • Check the pocket part in the back of correct an error on the part of the state form of authority cited and should be used almost all law books. The pocket part is courts that violated the U.S. Constitution. before any other authority. the most frequently used device for State Court Habeas Corpus Petitions. • Constitutions, codes, statutes, and updating law books. Requests that the state appeals courts order ordinances are the written laws of either • Pay attention to dates on books, i.e., the jail or prison holding the defendant to the United States, the individual states, copyright date and date of pocket parts. release the defendant upon a showing that counties, and municipalities. These laws the defendant is being held in violation of • Be aware of “2d” and “3d” in citations. some state law or constitutional right. are enacted by the United States They distinguish one series of reporter Congress, state legislatures, from another. Federal Habeas Corpus Petition to commissioners, and city councils. District Court. Requests the federal trial • All legal citations are written with the court to order the jail or prison holding the • When a particular case is decided, it volume number first, an abbreviation of becomes “precedent” which means that it defendant to release the defendant because the title, and the page number, e.g., 152 the defendant is being held in violation of the becomes an example or authority for an P.2d 967 or 144 A.L.R. 422. identical or similar case or a similar U.S. Constitution. • Shepardizing your citations can save a lot Appeal of Federal Habeas Corpus question of law. Court decisions are the of embarrassment and failure later on. basis for the system of stare decisis. Petition to Circuit Court. Requests the These decisions are published in what is As state above, do not accept the above mid-level federal court to review the federal called the National Reporter System information as a complete or comprehensive trial court’s decision denying the writ. which covers cases decided by the United guide. You must always consult your Local Appeal of Federal Habeas Corpus States Supreme Court down to the Rules for your federal district court. Petition to U.S. Supreme Court. Requests individual state district courts. These the highest court in the land to review the reporters each have their own “digest” POST-CONVICTION REMEDIES mid-level federal court’s decision denying system that serves as an index by subject As discussed in this article, convicted the writ. on points of law. There are many defendants can take a number of steps to reporters in this system and they can be challenge guilty verdicts and/or to correct CLEANING UP A CRIMINAL found in most law libraries. violations of constitutional rights, including RECORD Secondary authority. Used to obtain a motions, appeals and writs. The following list broad view of the area of law and also as a illustrates these steps. A defendant who Basic information about erasing a criminal finding tool for primary authority. Secondary loses at one may go on to the next step, all conviction from your record. authority is not cited to the court unless there the way down the list (up the legal chain) in When a court seals or expunges records of is no other authority available. a process that can take many years -- an arrest or conviction (and a notation made • Legal encyclopedias contain topics that especially for serious felonies such as death in the file that only law enforcement are arranged alphabetically and are penalty cases. personnel may view the records), substantiated by supporting authorities. This list is merely an illustration of possible defendants can, for some purposes, treat post-conviction proceedings -- some of the arrests or convictions as though they • Treatises are texts written about a certain had never happened. For example, say that topic of law by an expert in the field. which may only be used in certain cases. Also, defendants usually must first have a court expunges a defendant’s conviction • Law review articles are published by most unsuccessfully sought relief through the for misdemeanor possession of an illegal accredited law schools and are available state remedies before they will be drug. On applications for school, a job or a sometimes a broad diagnosis of a allowed to seek relief in federal courts. For professional license, the defendant may particular area. these reasons and because of the state that the defendant has no arrests or • The Index to Legal Periodicals provides complexities of these proceedings and what convictions (if no others exist). However, the the only book reviews in the law and also is at stake (liberty or life), defendants should rules about eligibility for expungement, and provides case comments, which cases consult counsel to determine which the effect of expungement, vary from state to are listed in the “Table of Cases.” remedies are available to them. state, and people interested in expungement should seek the advice of an experienced • American Law Reports Annotated (A.L.R.) Motion for Acquittal. A request that the attorney or the staff of a community-based is a collection of cases on single narrow judge decide that there is not enough rehabilitation project that includes issues. You must be aware that A.L.R. evidence to convict the defendant. expungement as part of its everyday must be constantly updated. Depending on whether the trial is before a services. These general guidelines apply to • Restatements are publications compiled judge or jury and depending on court rules, many expungement programs: this motion may be made either after the from statutes and decisions that tell what • People must apply (in writing) for the law is in a particular field. prosecution presents its evidence or after all the evidence is presented. expungement. Courts do not automatically • Shepard’s Citations is a large set of law expunge or seal arrest and conviction books which provide a means by which Motion for a New Trial. Request that trial records after a certain number of years. judge declare a mistrial and grant a new trial. A free publication. For imprisoned people only, – page 24 – who can reproduce it without permission. ` August 2019 • Even though a court has expunged a cases. Cases consist of three important involve complexities and richness in variety. conviction, in some circumstances, a parts: the very brief facts of the matter Predictions based on rules often fail in a court can use it to increase the severity of leading up to the charge, the legal events world so complex and varied. a sentence should a defendant receive leading up to the trial court judgment, and Consider a simple rule, such as: “No person another conviction. For example, an the issues raised on appeal and the shall sleep in a city park.” Imagine two expunged conviction may subject a appellate court’s reasonings leading up to cases. In one, the police find a well-dressed defendant to a “three strikes” sentencing that court’s judgment. man sitting upright on a park bench at noon, law. Unfortunately, the court reporters who his chin resting on his shoulder, his eyes • Usually, a court will not expunge a authors cases do not obtain any knowledge closed, and him snoring loudly, obviously conviction until about a year after it from the juries as to what facts the juries asleep. In the other case, the police found a occurs, and then only if the defendant has believed. Keep in mind that juries act as disheveled man, who suffers from insomnia, served the sentence and does not face triers of facts. Herein perhaps lies a serious lying on the same park bench at midnight, new charges. gap in the worth of case law. his head on a small bundle of clothes, and • A court cannot expunge every kind of Rules. Rules as viewed by appellate courts newspapers spread over his body like a conviction. For example, many states will consist of general statements of what the blanket, obviously asleep. How would you not expunge convictions involving felonies government, as the representation of the predict the outcome of the cases? Does or sex offenses. Courts mostly expunge people’s desires, either permit or require of a your answer follow only from the language of juvenile and misdemeanor convictions. certain class of people under a certain set of the rule? What logic and reasoning do you use to come to your conclusions? • A court can immediately seal the arrest circumstances. Here, the word “rule” means and charge if it acquitted the defendant of statutes as well as court rules, rules of Rules. Virtually every rule leaves more the criminal charge. evidence, administrative rules, and so on. intellectual work because rule-making Generally, a rule pertains to a standard of authorities, by necessity, create rules THINKING AND LOGIC IN THE what people ought to do or ought not to do. imperfectly and projected into an uncertain PRACTICE OF LAW A rule may state: “One who kills another future. The rule’s language alone does not without excuse or justification shall be determine that many or most cases fall Introduction. The logic of the practice of law punished...” The part “One who kills within the class of cases intended by the backs every critical facet of a case. another” implies a description of facts which rule-makers. Rule-makers cannot Confusion about this logic leads to confusion a jury should determine objectively. The part realistically anticipate unintended cases that about all facets in the case and, ultimately, “without excuse or justification” describes the language of the rule may plausibly failure and loss. facts that the jury almost always must describe as falling within its class of cases. Attorneys gain critical knowledge by simply determine subjectively. The part “shall be Likewise, rule-makers cannot realistically practicing law — often together in shared punished...” states the legal consequences. anticipate intended cases that the language law offices. Yet, for the incarcerated pro se The entire rule implies an obligation for all of the rule does not plausibly describe. defendant, this standard method has serious persons not to kill another wrongfully; Cases. Cases provide the substance, the problems. On the job training without the however, this rule says very little about what living instance, of rules. But studying and benefit of teamwork would quickly ruin a constitutes a wrongful killing — or a rightful using cases, for making predictions and as a prisoner’s pro se case. Pro se defendants killing. basis for forming persuasions in other cases, would do well to understand the logic used Conclusion. Thus, a case amounts to a involves a less familiar intellectual process by lawyers and judges and to understand short story of an incident and the reaction to than the process which studying rules how to communicate with them through that it by the state; a rule represents an abstract seems to require. Learning through the logic. or general statement of what, in criminal study of cases often requires practice and A traditional and formal view of law would justice, the legislature prohibits of a class of effort; however, it continues as the only way involve an explanation of the specific legal persons in a class of circumstances. to success. decisions that the law requires using Legal studies. As legal students and To persuade a court of what it should do in objective facts, intelligible statutes, and attorneys study cases and rules, they look to the case at bar, an attorney must argue what clear-and-cut logic. Yet personal see why the courts acted in the ways that courts have done in other, similar cases. experiences illustrate to us that this view they did, they analyze the implications of the Comparing and contrasting cases has its often fails to show itself in real life. Law, as cases for possible future disputes, and they advantages because cases supply practiced, often rests on questionable facts, combine their separate understandings into particularities grossly lacking in bare rules. vague or ambiguous statutes, or incomplete general comprehensions of individual topics Where the language of a rule gives no logic. Furthermore, personalities, of law. precise guidance, judges and attorneys prejudices, and personal values often gain must look elsewhere — to case law. an important place in the logic of law. As a Thus, legal professionals gain a capacity to predict what the courts will do, and they seek Justice. Legal experts have described “law” result, attorneys and judges often confront as the human striving toward the ideal of legal issues with conflicting interests. to persuade the courts to rule one way or the other in future cases. This really amounts to “justice.” The studying and use of cases Subjective human illogic mixes with forces judges and attorneys to contemplate objective formal logic. studying what judges ought to do or will probably do – a study of judicial reasoning and strive toward justice in our society. Cases versus Rules. The average citizen and of the pursuit of justice. Although rules American jurisprudence bases its perfection probably sees law as the system of statutes. play a significant role in the study of law, the on the idea that justice will emerge through However, law students normally spend more primary focus normally falls onto decided the arguments of adversaries before a time studying cases. Studying, analyzing, cases — the examples of the law in action judge. Attorneys, although engaged to and thinking about cases continues as an — and their possible implications for future protect a client’s interests, also participate in integral part of an attorney’s career. Clearly, cases. striving toward justice. Lawyers persuade a pro se defendant would do well to judges by appealing to the justice in the understand cases, rules, and the importance Expressing law. Expressions of the law case. of each. involves both rules (generalizations) and cases (experiences). Rules appear Cases display the complexities with which Cases. Appellate courts hear appeals and deceptively simple in appearance. Cases the law must deal. Comparing and write and publish their opinions, known as contrasting cases supplies the particularities A free publication. For imprisoned people only, – page 25 – who can reproduce it without permission. ` August 2019 that attorneys need to predict intelligently law. Judges can consider this legislative of these technical meanings requires effort, what a court will do or to persuade a court of intent in the forming of their opinions and and a researcher cannot avoid them. what it should do in a particular case, and for judgments. Legal publications pay considerable judges to make reasoned decisions on The legislators also may employ both attention to reasons and arguments. They cases. Comparing and contrasting cases deduction and analogy in their methods of highly value precision and clarity. Members requires hard, rigorous thinking about justice lawmaking. For example, use of deduction of a group of researchers should expect to and the proper role of government in a free when creating laws based on moral defend their interpretations and positions in and democratic society. principles (statutes follow from more abstract a rational and non-emotional manner. ····························································· morals), and use of analogy when creating Many legal arguments have complex and The Logic used in legal thinking. laws based on laws created in other abstract components. Equally compelling Forms of logic. Two forms classical logic jurisdictions, states or countries or proposed reasons often support conflicting points of come into play in the legal process: by the Commissioners on Uniform State view. deduction and analogy. Laws (similar treatment of similar cases). Also, a legislature uses analogy when Mature attitude. Develop a mature attitude. Deduction. Deduction describes the kind of creating laws based on what it perceives as Give all ideas a fair initial hearing even if you logic that originates as a general idea and a class of cases to which the general society can’t imagine believing them yourself. Don’t transfers to a conclusion as a specific idea. seems intolerant. make impulsive, uninformed prejudgments. Legal reasoning that starts with a rule Hold off. Hold off your early objections to essentially employs deduction. The phrase THE PROPER MENTALITY FOR new ideas. Understand the entire issue and “deductive logic” and the verb “to deduce” LEGAL RESEARCH its significance before raising your correspond to deduction and its use. objections. Repeatedly wanting to object to Induction or inductive logic, the logical Technical research. A proper mentality “wrong” beliefs may come from an counterpart to deductive logic, needs helps the legal researcher get the most from emotionally defensive attitude that will explaining here. Induction describes the his efforts. The same mentality helps prevent you from understanding many of the kind of logic that originates as a specific idea researchers in other technical fields. Legal things you should learn. Remember that and transfers to a formation as a general research involves learning from the material learning new ideas also means letting go of idea. while learning the legal language and the present ideas. Analogy. Analogy describes the kind of legal grammar. Charity. Charity means beginning your logic based on the assumption that Incarcerated, indigent, pro se analysis of a case or other material by similarities in two things conclude that other defendants. Several difficulties accompany interpreting any ambiguities and seeming similarities must — or should — also exist legal research by incarcerated pro se inconsistencies to the advantage of the legal between them. Legal reasoning that starts defendants. Incarcerated defendants have position by the author. This will prevent you with a case essentially employs analogy. In limited access to legal and other research from reading with a personal bias or criminal law, if the facts in a present case materials. Indigent defendants have little prejudice against a position that challenges sufficiently mirror that in a decided case, means of personally acquiring legal an important belief or that expresses a new then the judgment in the present case materials. They typically have little idea. You should base your first careful should mirror that of the decided case. experience with researching the law, and reading of a legal passage on the Analogy seems to employ a partnership of some lack a high school diploma or its assumption that the author intends to induction and deduction. Basically, similar equivalent. And they hold a personal and present good reasons for his position and judgments should follow from similar cases. often strong emotional attachment to their has the capabilities to do so. This attitude The comparison and contrasting of the research. gives you the best chance of understanding present and the decided cases shows them Overcoming difficulties. These the argument, and it will minimize the similar enough to include them in a particular researchers would do well to recognize chances that you will not distort the class of cases. Or, restated using inductive these difficulties and consciously try to reasonings that you don’t like. logic: Two (or more) specific cases seem so overcome them. They may obtain better Psychology. Psychologists who study the similar that they “induce” the general idea of access to legal materials at a different, art of learning report that people have the one particular class of cases. Thus, although (for other reasons) perhaps less most difficulty understanding and treatment of them by the courts should, desirable prisons. They can gain experience remembering ideas with which they likewise, follow from one general class of by making legal work their number-one disagree. Use this fact by becoming a better judgments. Or, restated using deductive priority, and by helping others with their legal researcher and a better thinker by logic: A specific case falling within a general work for a small “fee” or for free. Several consciously resisting the impulse to look for class of cases should receive treatment as a researchers can work together in groups on weaknesses before you fully grasp a member of that class. all their cases. Perhaps most important of position. Differences. Several serious differences all, pro se researchers must learn to detach Read. Read. Read. Nothing can substitute exist in law between the uses of deduction themselves emotionally from their work. for carefully reading all legal materials. The and analogy. First of all, deduction [from Nothing ruins legal work faster or more more you read, the better you read – and the rules] requires the existence of rules; and thoroughly than a researcher blinding more you learn. Read a case, and re-read the legislature makes those rules (criminal himself to the true issues of his case and, again – more than once. Read it when you laws). Analogy [between cases] requires the instead, hotly pursuing his own personal, can do so with the least interference. emotional agenda. existence of decided cases; and the judiciary Work at your peaks. Inspect your daily decides those cases. Legal publications. Most legal publications behavior and determine when your mental Legislative intent. Legislatures, upon attempt to make a rational argument that powers come to a peak. This may happen creating a law, usually describe their supports a certain perspective of justice. in the morning, afternoon, or evening. reasons and their logic for their creation of Reading legal materials requires a high Attend to your legal work at that time. You that law. The state records and maintains degree of patience and concentration. Legal may need to decide: play racquetball, watch these reasons and reasoning, commonly readings involve special words and phrases you favorite TV shows, or do you legal work. referred to as “legislative intent” — the as well as special (legal) meanings to Decide on your priorities. intentions of the legislature in creating that common words and phrases. Keeping track

A free publication. For imprisoned people only, – page 26 – who can reproduce it without permission. ` August 2019 Be prepared. Always go to the library with outweigh its positives. You learn very little and thus, individuals in a society want their a pen or pencil and a piece of paper or after hours of intense studying. Cramming society to continue. Thus, they want others notebook — even if you go intending only to also ruins a good night’s sleep that you need in their society to believe and behave in read the newspaper. You never know how for your best performance in court the next ways that maintain their society. Even you will find important information (in a day. prisoners, as we all know, have their “code newspaper, a magazine, a non-legal book, Afterwards. Relax. Do not jump into of conduct” in order to reap its benefits, and or from another person). For that matter, another hectic activity – especially another to keep their “society” going so that they can keep paper and a pen or pencil with you at hectic mental activity. Take a nap, walk the continue to reap those benefits. all times. Trying to keep important info in track, sunbathe, take a shower. Relax. Let Experts in organizational science consider your head will often fail; it will frustrate you if your mind soak up what you have read. justice as consisting of at least four simpler you forget; and you may hate yourself over Don’t chase your new legal thoughts from concepts: distributive justice, procedural something that you forgot that may have had your subconscious with other competing justice, interactional justice, and restorative no consequence in your work. thoughts. Let them soak in. Let them mix, justice. Work space. As much as possible, while compare and interact with other legal Distributive justice refers to the fairness of working in the library, sit in a well-lit area thoughts. results based on equity, equality, need, or away from distracting voices and noises. Sit Prepping for a court hearing. Be extra other standards. Procedural justice refers to facing away from distracting people and good to yourself in regards to nutrition and how persons perceive the fairness of the activities. Don’t sit facing a window or sleep. Get plenty of regular sleep the week procedures that regulate decision doorway where activities and noises will before the hearing. Control your nutrition. processes. Interactional justice refers to distract your attention. Bright light (the Sun Eat extra amounts of complex behaviors associated with the fair or unfair or the electric lights) in front of you will carbohydrates instead of eating simple, treatment by persons in authority. frustrate your ability to read. Lighting should refined sugars. Try having more pancakes Restorative justice refers to remedy for injury come from above. or French toast instead of more syrup on and suffering and for restoring relationships Posture. Try to find a comfortable chair. Sit them and try using sugar in your coffee on following injurious actions by offenders. up straight and comfortably; don’t slouch or the morning of the hearing. People react strongly and emotionally to lounge. Your posture should allow blood to justice. They concern themselves greatly flow freely to most parts of your body without JUSTICE: A VIEW BY with the concepts of restorative justice, parts “falling asleep.” Don’t feel ashamed to ORGANIZATIONAL SCIENCE which experts believe has at least four get reading glasses from the medical staff or components (some of which may overlap): to wear them in the library when you read. We should take interest in what experts in any field investigate, believe, know, or report retribution or revenge, forgiveness, Focus. Don’t expect to ponder personal about “justice.” restitution, and compensation. issues or to carry on personal conversations Organizational science involves the study of Revenge. The infliction of harm in return for while dealing with your legal work. Again perceived wrong. Primal human impulse consider your priorities — do you want to the interactions of persons in groups, especially businesses. Some experts and seems the basis for revenge, which can laugh it up, talk the time away, or do your seriously motivate social behavior. As a legal work? Decide on your number-one students of organizational science take an interest in the construct of justice. A primary cause of aggressiveness, revenge priority. Experts who study learning report typically follows a period of reflection on the that every time you change subjects in your “construct” refers to a concept constructed from simpler elements. harm done to the victim. It usually invokes head, you must re-configure your thinking. intense anger, and probably evokes actions Interruptions waste you time, cause you to (Note that the use of the words “offender” intended to restore justice and fairness. It focus on them and then re-focus back onto and “victim” in this section refer to those can restore a victim’s damaged status, even your legal work. All this focusing expends persons who, respectively, perpetrate and if only in the victim’s mind. Most your mental powers as well as wasting more receive injustice (whether real or perceived) organizational science experts consider of your time. in an organization, specifically a business revenge to harm the victim, the offender, Mentality. If you intend to study law with the organization. Justice refers to the sense of and their relationship. Revenge has a bad emotion that the government and the courts fair play among co-workers and between reputation because suppressed anger often want to “screw” you, then you will have great superiors and subordinates. Although these accompanies it. Suppressed anger can difficulty with it. Basically, most people have words refer to a specific sense, we can cause psychological and emotional respect for and satisfaction with the law. consider them in a general sense without illnesses. Some experts criticize revenge Any dissatisfaction, when proven through much loss of accuracy. We can apply because it rarely produces the desired legal reasoning, will receive proper attention information here, with some accuracy, to our results, and humiliates and degrades the by the court system, which will then make concern with criminal justice.) offender, even if it satisfies the victim. changes as it deems necessary. Approach Justice refers to the principle or ideal of Revenge can also escalate, causing your legal work with the sincere belief that moral rightness. “Moral” used here refers to reciprocal acts of revenge. the legal system works. the principles of right and wrong relating to Forgiveness. Forgiveness includes Pro se criminal defendants and appellants human character and behavior, and does emotional, intellectual, and behavioral have enough difficulty with learning about not refer to the religious “moral.” People live phenomena that diminish negative feelings law while learning the law. We don’t need to in “societies” — groups of humans with and judgment toward the offender, not by add anger and resentment to an already mutual interests, with participation in denying one’s “right” to such feelings and difficult situation. Once again, decide on characteristic relationships, with shared judgment, but by viewing the offender with your priorities: Do you want to use your institutions, and with a common culture. compassion, benevolence, and love. It mind as a weapon of anger and resentment, Culture refers to the sum of behavior involves the surrendering of resentment and or do you want to use it as a finely-tuned patterns, arts, beliefs, institutions, and all anger, and it can restore justice in the legal instrument with which you will seek other products of human work and thought aftermath of personal injury. Organizational justice and, hopefully, your freedom? typical of a population or community at a science has mostly ignored forgiveness given time. Study. Take your time. Do not rush. As probably because of its traditional with studying for school, do not “cram” the Individuals and their loved ones gain various connection with religion rather than science. night before a court hearing. Its negatives benefits from their societies and cultures, A free publication. For imprisoned people only, – page 27 – who can reproduce it without permission. ` August 2019 Yet, the ancient foundations of our civilized HOW TO SHEPARDIZE® most recent Shepard’s on the shelf (usually societies involve the essential element of a red or gold paperback) and work forgiveness. Parents teach children Introduction. Shepardizing involves backwards (i.e. red paperback, gold forgiveness from a very early age. Adults citations and their research which will show paperback, bound volume). Shepard’s encourage each other to forgive offenders. you the “precedential value” of the cited legal sometimes publishes thin gray paper People on their deathbeds make final acts of authority. Most legal writings include one or booklets that contain more recent additions forgiveness. To not exercise forgiveness more citation – a reference to a legal than the most recent red or gold paperback, leaves only angry and violent extremes: authority such as a statute, a regulation or and a researcher must check the gray exile (banishing offenders forever), or capital an opinion on a case. A citation identifies a booklets before the red or gold paperbacks. punishment (chopping off hands of thefts, legal authority by showing you what A researcher must check every publication cutting out tongues of slanderers, an eye for publications published (or reported) the full in a series because Shepard’s Citations do an eye, a tooth for a tooth, and so on — text of that authority. NOT repeat information previously printed in even death). Shepardizing shows you the precedential them. Thus, researchers must check each Forgiveness, as with revenge, attempts to value of a legal authority, and helps to later volume of Shepard’s Citations from the cope in response to perceived injustice. In expand your research by leading you to new bound supplement volumes, through the stark contrast to revenge, forgiveness does legal sources. Shepardizing helps fulfill part interim paperbacks, to the most recent not demand the offender to compensate the of your responsibility in your legal work as a update. victim for the injustice inflicted. The injured pro se defendant. Shepardizing case citations. Follow this party deliberately gives up opportunities for process: retribution, punishment, or even fair You must learn to Shepardize, and you must distribution of goods, as the victim struggles Shepardize. The legal profession knows 1 Start with the case citation. (Refer to the to release the offender from obligation. Shepard’s Citations for their capacity to Citation section of this legal primer to determine the precedential value of case interpret citations.) Forgiveness and revenge seem to oppose law, statutes, and constitutional provisions. each other. A victim focusing on one 2 Determine the proper set of Shepard’s alternative strengthens the belief in that Our law has many sources of authorities, Citations. alternative, and causes less attention to including written judicial opinions (or cases), other alternatives. statutes, regulations, and others. Judicial 3 Check with the law clerk about the most recent pamphlet in the set. Find it, and Restitution. Restitution involves the return opinions form the basis of our common law (meaning “case law”) legal system. The check the “What Your Library Should of something taken – money, property, Contain” section on its cover. position – even a person’s social status and concept of “stare decisis” supports our reputation. Reaffirmation of a person’s common law system. It means “to abide by 4 Collect all the volumes that your library status and reputation may mean more to the or to adhere to decided cases.” According should contain, including supplements. victim than the restitution of material to stare decisis, judges should adhere to property. precedent, or principles of law from earlier 5 Start with the most recent supplement cases, and so, those cases and their and find the proper division within each Apology – a special form of restitution. decisions become rules of guidance in supplement that matches your citation. Apology from the offender falls under future, similar cases. restitution. Apology expresses regret, 6 Turn to the proper volume and page sorrow, distress, and mental anguish for the But a court doesn’t need to abide by decided number. Shepard’s shows volume fault or offense committed. Ironically, it often cases. It can criticize or even overrule a numbers in bold type at the top corner includes a request that the victim pity decided case, thus damaging or even of each page, and shows page (sympathize with or show mercy to) the destroying its “precedential value.” A court numbers in bold between dashes within offender as well as forgive the offender. may also rule a statute or regulation as void the columns. The list of cases citing the Apology also reaffirms and restores the or invalid, meaning that it violates another subject case appears following the cited status and reputation of the victim. It often existing legal authority. Negative decisions case’s page number. can reassure the victim that the offender did such as these can weaken or destroy the not mean to commit a wrong toward that precedential value of a case, statute, or 7 Write down all the case citations or specific person, but perhaps, rather toward a regulation, making it “bad law.” In order to photocopy the pages. A small, raised person in their circumstance. This assures determine the precedential value of a legal (superscripted) number to the right of a the victim that he or she did not personally authority, you need to Shepardize its reporter’s abbreviated name indicates citation. You need to know the precedential the particular headnote (description of a contribute to the wrong, about which many legal principle) of the cited case that the victims worry. An apology should assure the value of any case, statute, or other legal victim that the victim’s future does not authority before relying on it in an argument. citing case discusses. involve further victimization or thoughts of A pro se defendant who does not 8 Repeat each step for each supplement victimizing the victim by the offender. In all, Shepardize as part of his legal research may and bound volume that your library an apology: acknowledges a wrong end up basing his arguments on “bad law” – should contain. committed, expresses the wrongfulness of cases that later courts limited or reversed. the act, assures the victim that the offender Not Shepardizing amounts to practicing 9 Read the relevant citing cases, did not target the victim personally, sloppy law and risking failure which, for you, including parallel cites, to determine expresses assurance that the victim can means continued incarceration. their effect on the cited case. This consider the future as free from wrongs by means reading the ENTIRE cited case, the offender, and can even beg forgiveness ····························································· not just the paragraphs that you think from the victim. HOW TO SHEPARDIZE A CASE affect your case. Compensation. Behavior which Shepard’s Citations contain lists of citations Shepard’s order of case citations. counteracts or balances a wrong. showing every time a later court decision Compensation differs from restitution in that cites or affects a earlier published decision. Parallel citations compensation cannot restore what existed in Your research includes checking your • Shepard’s will show parallel citations in the past. Compensation makes amends research results to confirm their current parentheses the first time that it cites the through other means. authority. To check a citation, begin with the A free publication. For imprisoned people only, – page 28 – who can reproduce it without permission. ` August 2019 case, and it will not cite it in subsequent Abbreviations in the front of each Shepard’s US reh den volumes. volume for explanations of these symbols. Rehearing denied. The citing order • If a Shepard’s edition goes to press This legal primer also describes them. Some by the US Supreme Court denies without a parallel citation available, then referenced cases have small cased letters to rehearing in the cited case. Shepard’s will publish it in the next edition. the left of the case citation. These notations refer to either the “history” or “treatment” of US reh dis • If a parallel cite does not appear in any of the cited case. Rehearing dismissed. The citing the volumes, then no parallel source order by the US Supreme Court exists. History. The definitions below of the history dismisses rehearing in the cited case. assignments explain how the “citing case” • Shepard’s lists parallel cites to regional, v Vacated. The citing case vacates or state and topical reporters. (or opinion) relates to the “cited case” (or opinion). withdraws the cited case. Case history a Affirmed. The citing case affirms or W Withdrawn. The citing decision or • Case histories indicating prior or adheres to the cited case either on order withdraws the cited decision or subsequent proceedings in the same appeal, reconsideration or rehearing. order. case appear immediately after the parallel cite. cc Connected case. The citing case Treatment. Treatment assignments show relates to the cited case, either arising how a legal authority in an unrelated case • History citations will always have an evaluated the cited case. Remember that a identifying abbreviation letter preceding out of the same subject matter or involving the same parties. judge may require you to know when courts the references. See below for an have treated your target case both positively definitions of the abbreviation symbols. D Dismissed. The citing case dismisses as well as negatively. The definitions below Treatment of cases the cited case. show how the “citing case” (or opinion) treats the “cited case” (or opinion). • Shepard’s arranges this section by court. De –or– Cert den. Decisions in the cited case’s jurisdiction Denied. The citing case denies further c Criticized. The citing case criticizes always appear first. appeal of the cited case. the cited case and, thus, disagrees • Within the listing for each reporter, with its reasoning or result. Important: Gr Granted. The citing case grants The citing court may not have the Shepard’s lists citations in chronological further appeal in the cited case. order without ranking by importance or authority to materially affect the effect on the cited case. m Modified. The citing case modifies the precedential value of the cited case. • Citations to cases from other jurisdictions cited case either on appeal, ca Conflicting authorities. The citing generally follow the cases of the home reconsideration or rehearing. This case lists the cited case as one of jurisdiction, although Shepard’s modification can involve affirmance in several conflicting authorities. sometimes limits this section to Federal part and reversal in part. cases. d Distinguished. The citing case r Reversed. The citing case reverses distinguishes itself from the cited case, • In general, Shepard’s lists cases from the cited case either on appeal, because of slightly different facts or other states only for regional reporters reconsideration or rehearing. application of the law. Refer the Logic and not for state reporters. Reh den in Legal Reasoning section of this • Treatment citations sometimes have an Rehearing denied. The citing order legal primer. identifying abbreviation letter preceding denies rehearing (or reconsideration) e Explained. The citing case the references. See below for definitions in the cited case. of the abbreviation symbols. significantly explains, interprets or Reh gran clarifies the cited case. Secondary sources Rehearing granted. The citing order f Followed. The citing case follows the • Shepard’s Citators include citations from grants rehearing (or reconsideration) cited case, and relies upon it as the secondary sources and from annotations in the cited case. controlling authority. that cite your case. s Same case. The citing case involves • State Citators include references to: h Harmonized. The citing case the same litigation as the cited case at harmonizes with the cited case by - American Bar Association Journal a different stage in the proceedings. - major national law reviews resolving differences or variations. - bar journals and law reviews published S Superceded. The citing case j Dissenting opinion. A dissenting in the same state as the supercedes, or substitutes for, the opinion in the citing case cites the jurisdiction covered by a particular cited case either on appeal, cited case. Shepard’s. reconsideration or rehearing. ~ Concurring opinion. A concurring • Shepard’s Federal Citators do not include US cert den opinion in the citing case cites the references to law reviews. Certiorari denied. The citing order by cited case. • Shepard’s included annotations in the US Supreme Court denies American Law Reports (A.L.R.) among certiorari in the cited case. L Limited. The citing case limits the citing sources in state and federal. authority of the cited case because the US cert dis citing case contains only limited • Some state Shepard’s include references Certiorari dismissed. The citing order circumstances of the cited case. to Attorney General opinions. by the US Supreme Court dismisses • Shepard’s Citators may include certiorari in the cited case. o Overruled. The citing case clearly references to legal treatises published by overrules or disapproves the cited US cert gran case. Shepard’s/McGraw-Hill. Certiorari granted. The citing order Shepard’s abbreviations for cases. by the US Supreme Court grants op Overruled in part. The citing case Shepard’s uses unique abbreviations in its certiorari in the cited case. overrules the cited case either partially citation lists. Refer to the Table of A free publication. For imprisoned people only, – page 29 – who can reproduce it without permission. ` August 2019 or on other grounds or with other • Attorney General Opinions Citators. A citator contains compiled listings qualifications. • Legal periodicals of every instance in which a legal authority has been cited. q Questioned. The citing case • Annotations in American Law Reports and questions the validity or precedential United States Supreme Court Reports, Shepard’s publishes nearly 200 different value of the cited case because of Lawyers’ Edition citators. Each correlates to different cited and citing references. Shepard’s organizes intervening circumstances, including You should always Shepardize statutes on judicial or legislative overruling. its citators by jurisdiction or specialization. three levels: Shepard’s jurisdictional citators fall into three su Superceded. Superceded by statute • The statute as a whole (for example groups: as stated in the cited case. 147.19); • State citators (cases, statutes, court “Overruled” – a warning. Inexperienced • The subparts of the statute (for example rules, constitutions, jury instructions, and pro se defendants may mistakenly believe 147.19(d)); references to the U.S. Code, Constitution that, if Shepard’s does not show the cited • The statute as part of a group (for and court rules). case as “overruled,” then it remains as good example 147.19 et seq. or 147.19 to • Regional citators (see the Abbreviations law. A court can effectively overrule a case, 147.32). used in Citations section of this legal but Shepard’s does not draw legal • Then Shepardize your statute in each of primer to determine which regional conclusions and it will not show a case as the books listed in “What Your Library citators report on which states). “overruled” unless the court says so Should Contain.” • Federal citators (US District Courts, US EXPLICITLY, such as “This court therefore Use solid research methods, and check for Courts of Appeal, US Supreme Court, US overrules...” And, even if Shepard’s does Code, US Constitution, federal sentencing report a case as overruled, that does not supplements (“pocket parts” inserted into the pockets inside the back cover of many guidelines, federal court rules, and other mean that the court overruled it on the federal statutory provisions). grounds or for the reasons that you want to books). cite it. It may remain as “good law” for you States sometimes re-number their statutes. Specialized citators. Specialized citators despite the fact that the court overruled it. A If you cannot find a particular statute, check collect and organize data according to competent researcher MUST read the case to to see if the state has re-numbered it. particular fields of law, or types of legal confirm the matter regardless of the Shepard’s abbreviations for statutes. authority. Use a specialized citator to treatment shown. Shepardize all pertinent source materials for • Shepard’s uses unique abbreviations for a particular area of specialization, such as Headnotes. A small raised (superscripted) statutes. To interpret these abbreviations labor, bankruptcy, or intellectual property. number to the immediate right of the reporter turn to the “Abbreviations-Analysis” Specialized citators also give you abbreviation is a headnote number referring section in the front of each bound specialized citing references. Jurisdictional to a headnote from your cited case. This Shepard’s volumes or on the inside front citators may not contain many of these feature allows you to go directly to cover of the paper supplements. references. references that discuss a particular issue in • The letter appearing before a legislative Shepardizing instead of searching by your case. citation indicates what happened to the general subject. Other notations. Annotation references in statute. The citation following the Searching by general subject can find many Shepard’s end with the letter “n” and abbreviation will tell you where in cases of little value to your issue, which supplemental annotation references with the Purdon’s Pennsylvania Statutes wastes your time and effort. Shepardizing, letter “s”. Annotated you can find the change. however, targets exactly those authorities – • A letter appearing before a judicial citation and only those authorities – that specifically ····························································· cited your precedent. HOW TO SHEPARDIZE A STATUTE will indicate whether the court ruled on the constitutionality or validity of the statute. (under construction) Shepard’s Statute volumes indicate later Statute citations. A statute citation is legislation and court decisions that cite your usually identified by its position in a “code” WEST’S KEY NUMBER citation. These volumes allow you to — a codification (permanent record) of laws. SYSTEM ® Shepardize federal and state constitutions, A statute citation usually contains three or West Publishing Company uses its Key court rules, session laws, treaties, charters more parts: and ordinances. Number System a comprehensive and • The “title number,” similar in idea to the widely used indexing system for case law Use the method below to all state and volume number for a case. Remember, materials. This system classifies digests of federal statute citators. You can Shepardize however, that more than one title may cases into about 500 law topics which West your statute as a whole, and also its sections appear in a book. assigns paragraph numbers it calls "Key and subdivisions. Citations to the statute as • The “title abbreviation of code,” similar in Numbers." Each section consists of a whole appear first followed by citations to idea to the abbreviation of the reporter for numbered subsections pertaining to specific sections and groups of sections. Citations to a case. points of law within that section. subdivisions appear under the related Researching a key number helps you section. • The “section number,” similar in idea to a chapter of a book (or a section of a title). quickly find all references to that topic. Shepardizing statute citations. Follow the Take care not to flip open a book and look The Key Number System helps your legal same procedure shown above for only for the section number because more research by allowing you to view a broad list Shepardizing case citations. (Refer to the than one title may appear in a book. of legal topics, and it makes your legal Citation section of this legal primer to Authorities may also refer to a section research more relevant by helping you to interpret citations.) using its symbol “§” as in §1983. find the cases that pertain to your case. Shepard’s order of statute citations. Example The system consists of several sections 42 U.S.C. 1983 contained in many volumes. • Subsequent legislative enactments • The Descriptive-Word Index, arranged by (amendments, repeals, etc.) This citation refers to Title 42 of the United States Code, Section 1983. descriptive words, provides immediate • Cases citing to the statute A free publication. For imprisoned people only, – page 30 – who can reproduce it without permission. ` August 2019 and convenient access to comprehensive and identify the relevant key numbers by Date of Decision. The year or date that the case law. listing every probable key number and trial court decided the case sometimes • The Words and Phrases section, checking the digest. Once you have appears in parentheses following the arranged by the judicially-defined words ascertained the relevant key numbers, your reporter cite. and phrases, sets out headnotes, titles, research can progress quickly and Additional Information. Other related and citations of the cases in which accurately. information may follow the above definitions appear. (2) With a West citation to a case on point, information, such as an abbreviation for the • The Table of Cases section, arranged by the reporter will provide key numbers for court issuing the opinion or a brief history of party names, provides the reporter name, each point of law in the decision. subsequent review. volume number and initial page number (under construction) Parallel Citations. Cites often include for each case and the subsequent case parallel cites. These cites refer to the same history and the digest Topic and Key CITATIONS: case as reported in a different reporter. For Number for each point of law. READING AND WRITING example, the Massachusetts Reports and Key Number. West assigns a permanent the Northeast Reporter may report on a key number to every specific point of case Purposes. Most legal writings include one Massachusetts case. Citations for United law. It publishes them in all its current or more citation – a reference to a legal States Supreme Court decisions very often Digests and Reporters covering State and authority such as a statute, a regulation or appear with parallel cites: U.S. (United Federal Courts. It assigns a Topic and Key an opinion on a case. A citation identifies a States Reports), S. Ct. (Supreme Court Number for each point of law involved in Reporter), L.E. (Lawyer’s Edition). each case that it reports in its reporters. legal authority by showing what Example. West's Topic and Key Number System also publication(s) published (“reported”) the full People v. Perez, 65 Cal.2d 615, 55 Cal. forms the outline for the Corpus Juris text of that authority. A citation provides Rptr. 909, 422 P.2d 597 (1967), cert Secundum (CJS). accurate information to allow the retrieval of dimissed 390 U.S. 942, 88 S. Ct. 1055 Once you select a Topic and Key Number to the cited document. You must learn to (1968). research, you can find the complete record and present the complete citation of a The name of the case appears as “People treatment of that topic in the CJS. v. Perez” in volume 65 of the California document – names, reporters, and numbers Reports (Supreme Court), Second Series, Digest. West compiles and publishes a (volumes, pages, dates, etc). As you digest as an index to case law in a particular starting on page 615 with parallel citations law reporter, using its Key Number System. perform your legal research, you will in volume 55 of the California Reporter West publishes its Key Number Digests for become comfortable with the conventions of starting on page 909 and in volume 422 of all of the states (except Delaware, Nevada citations. the Pacific Reporter, Second Series, starting on page 597. The trial court and Utah) and the District of Columbia, four Case Citations. The information in most of the regional reporters (Atlantic, Pacific, decided the case in 1867. The United North Western, and South Eastern), the case citations appears in the following order: States Supreme Court dismissed certiorari Federal Courts, and others. West publishes case name, reporter cite, date of decision, as reported in volume 390 of the United the American Digest as the master index to additional information, and parallel citations. States Reports starting on page 942 with American case law, consisting of nine Ten states have begun to order their a parallel cite in volume 88 of the Supreme Court Reporter starting on page Decennial Digests and the General Digests, information in citations as: case name, year, each a complete index to all reported cases 1055. The Supreme Court dismissed during the period of time covered. The court, sequential number, and paragraph certiorari in 1968. General Digest updates the Decennial number. Refer to “The Bluebook: A Uniform Codes. Citations generally list the chapter or Digests. Every five years the General Digest System of Citation” for a comprehensive title number first, then the subchapters, cumulates into another series of the rules and references about citations. The Decennial Digest. The General Digest sections or parts. covers all current decisions of the American following describes the most common Statute citations. A statute citation is Courts as reported in the National Reporter method of case citation. usually identified by its position in a “code” System and other standard reporters. These Case Name. The case name consists of — a codification (permanent record) of laws. include: Atlantic Reporter, Federal Claims party names, and it appears in the citation as A statute citation usually contains three or Reporter, Federal Reporter, Federal Rules the first named plaintiff or petitioner and the more parts: Decisions, Federal Supplement, Illinois first named defendant or respondent, with • The “title number,” similar in idea to the Decisions, Military Justice Reporter, New “v.” or “vs.” (abbreviations for “versus”) volume number for a case. Remember, York Supplement, North Eastern Reporter, between them. These names appear only however, that more than one title may North Western Reporter, Pacific Reporter, as surnames for individuals. Criminal case appear in a book. South Eastern Reporter, Southern Reporter, cites can have the name of the state, such • The “title abbreviation of code,” similar in South Western Reporter, Supreme Court as “New York,” “Comm.” Or idea to the abbreviation of the reporter for Reporter, and Veterans Appeals Reporter. “Commonwealth” (for a commonwealth, a case. Although unwieldy to use, the General such as Massachusetts), “State,” “People,” Digest works best as a single source when and so on – all of which refer to the • The “section number,” similar in idea to a prosecution. chapter of a book (or a section of a title). you want to research the widest jurisdiction. Take care not to flip open a book and look Finding a topic and key number. West Reporter Cite. The volume number of the only for the section number because more allows two methods of finding a Key reporter appears first, followed by the than one title may appear in a book. Number. standard abbreviation for the title of the reporter, and then the initial page number of Authorities may also refer to a section (1) At the start of your research, find an the case in that volume. If a page number using its symbol “§” as in §1983. analysis of the topic under each topic of law follows the initial page number (separated by Example: in West Digest. The topic will consist of a comma), it refers to the page number of 42 U.S.C. 1983 various aspects of the subject, and West that particular citation. This citation refers to title 42 of the United assigns a key number to each point. Locate States Code Annotated, Section 1983. A free publication. For imprisoned people only, – page 31 – who can reproduce it without permission. ` August 2019 Codes usually consist of the following felony charges against minors .” compared order to italicize case names. Typewriters elements: to the original “This court has consistently and printwheels cannot tolerate this abuse, • Division. The name of the source ruled that prosecutors may not bring felony and a broken typewriter or printwheel can reference, such as C.M.R. (or Code of charges against minors.” have catastrophic consequences for people Massachusetts Regulations). Within a Change of emphasis. Indicate changes in in prison. division, Shepard’s covers codes in emphasis and omissions of citations or ····························································· chronological order. Learn the correct footnotes with parenthetic remarks, such as, Abbreviations Used in Citations version if your code has had multiple “…‘may not bring’ (citation omitted)… .” Comments on Spacing in Abbreviations versions. (under construction) • Do not use a space between successive • Section Number. Section numbers ····························································· words abbreviated with a single capital appear within a box on the page. Underlining or Italicizing in Citations. letter. (N.E., D.R., U.C.L.A., N.Y.U.) • Subsections. Shepard’s may divide You may have already asked yourself why • Use a space between longer sections into subsections. To find a authorities show certain parts of citations in abbreviations and words or other subsection, scan the columns of numbers italics (slanted type that looks more like abbreviations. (S. Ct., Geo. Wash. L. until you see “Subd. a,” for example. handwriting), but you underline them with Rev.) Shepard’s will list the citing references to your typewriter. Actually, you can also write • Use a space between groups of that specific subsection beneath it. your legal documents to show case names successive single letters that refer to a Rules of Citation. Several publications in italics. If you use a computer, you can single thing and other abbreviations. describe the rules for citations, most italicize certain parts of citations by simply (B.U. L. Rev., N.Y.U. L.R.) commonly “The Bluebook: A Uniform highlighting the name and pressing Ctrl+I for italics instead of Ctrl+U for underlining. • Treat numbers (1, 2, 3, etc), including System of Citation” and “University of ordinals (2d, 3d, 4th, etc) as single letter Chicago Manual of Legal Citation” (also Otherwise, you need to underline them to indicate them as citations. abbreviations, and provide spaces for called the Maroon Book). them accordingly. (A.2d., Cal. 3d) You must underline or italicize the following Sources for Abbreviations. Various United States Supreme Court Reporters: publications describe the standard parts of citations: case names, book titles, abbreviations for legal materials: “The titles of journal articles, introductory signals U.S. United States Reports Bluebook: A Uniform System of Citation used in citation sentences or clauses, prior S. Ct. Supreme Court Reporter or subsequent history explanatory phrases, Price,” “Effective Legal Research,” and L. Ed. Lawyer’s Edition “Bieber's Dictionary of Legal Abbreviations.” words or phrases attributing one cited authority to another source, references to Federal Circuit Court of Appeals ····························································· titles or case names in the text without full Reporters: Writing Citations citation (even those which you would not F. Federal Reporter Quotations – the simplified rules underline in full citation), foreign words that F. Cas. Federal Cases (ended in 1880) Long quotations (50 words or more). Set lawyer jargon has not assimilated, quoted off long quotes from regular text with a blank words italicized in the original, and the cross United States District Courts Reporters: line before and after and indent the quote on reference words: “id.,” “supra,” and “infra.” F. Federal Reporter both on right and left sides without quotation However, you should not underline or F. Supp. Federal Supplement marks. Follow immediately in regular text italicize: constitutions, statutes, F. Cas. Federal Cases (ended in 1880) (flush with the margins) with the citation to restatements, names of reporters and the quoted work. services, names of journals, rules, Regional Reporters of State Cases: Short quotations (less than 50 words). regulations, and other administrative A. Atlantic Reporter (reports on cases from Enclose short quotations in quotation marks materials. Connecticut, Delaware, D.C., Maine, and convert any quotation marks within such Underline or italicize emphasized words, but Maryland, New Hampshire, New a quote to single marks (apostrophes). do so sparingly. Do not use all capitals or Jersey, Pennsylvania, Rhode Island, Follow immediately with the citation to the exclamation points to show emphasis. Vermont). quoted work. To apply special emphasis to Legal etiquette dictates calmness and N.E. North Eastern Reporter (reports on short quotes, set them off and indent them maturity — always — especially in appellate cases from Illinois, Indiana, as you would a longer quotation. proceedings. Massachusetts, New York, Ohio) Quotes within quotations. Quoted text The underlining of case names came into N.W. North Western Reporter (reports within a quotation should have its citation use as an alternative to using italics. on cases from Iowa, Michigan, follow in parentheses. Printing companies have italic type for use Minnesota, Nebraska, North Dakota, Omitting quoted text. Indicate omitted text as case names. Typewriters, specifically South Dakota, Wisconsin) within a quotation using ellipses (three those from years gone by, do not. In the P. Pacific Reporter (reports on cases from periods), such as: “This law, adopted by printing trade, an editor underlines words Alaska, Arizona, California, Colorado, Alaska, Iowa, … and Wyoming, was...” and writes instructions in the margin to Hawaii, Idaho, Kansas, Montana, Modifying quoted text. Show modified text indicate to the printer that those words must Nevada, New Mexico, Oklahoma, in brackets, such as “This breach of receive special attention. Editors underlined Oregon, Utah, Washington, Wyoming) procedure caused [the defendant] grievous case names and wrote “ital.” in the margin to S.E. South Eastern Reporter (reports on harm.” compared to the original “This breach indicate that those words must appear in cases from North Carolina, South of procedure caused Johnson grievous italics. The alternative use of underlining by Carolina, Virginia, West Virginia) harm.” litigants came from this notation in the print trade. S.W. South Western Reporter (reports Modifying sentences. At the start of a on cases from Arkansas, Kentucky, modified quote that amounts to a sentence, The upshot — use the preferred italics if you Missouri, Tennessee, Texas) capitalize the initial letter of the first quoted can use a computer; otherwise, underline. word (because it will begin a sentence) and Judges understand this perfectly. If you use S. Southern Reporter (reports on cases place it in brackets (because you modified a typewriter that has interchangeable from Alabama, Florida, Louisiana, it), such as “[P]rosecutors may not bring printwheels, do not switch back and forth in Mississippi) A free publication. For imprisoned people only, – page 32 – who can reproduce it without permission. ` August 2019 Abbreviations of State Names: Sup. Ct. Rev. Supreme Court Review. Proc. Procedure. Ala. Alabama Alaska Alaska Ariz. Temple L. Rev. Temple Law Review. R. Rules. Reporter. Reports. Regulations. Arizona Tex. L. Rev. Texas Law Review. Rev. Review. Ark. Arkansas Cal. California Colo. Colorado U.C.L.A. L. Rev. U.C.L.A. Law Review. Rptr. Reporter. Conn. Connecticut D.C. District U. Chi. L. Rev. University of Chicago Law S. South. Southern. Supplement. of Columbia Review. Supreme. Del. Delaware Fla. Florida Ga. U. Pa. L. Rev. University of Pennsylvania Sec. Section. Georgia Law Review. So. South. Southern. Haw. Hawai’i Idaho Idaho Ill. Illinois Vand. L. Rev. Vanderbilt Law Review. Ind. Indiana Iowa Iowa Kan. Steph. Comm. Stephen’s Commentaries Kansas Va. L. Rev. Virginia Law Review. on English Law Ky. Kentucky La. Louisiana Me. Maine Yale L.J. Yale Law Journal. Supp. Supplement. Md. Maryland Mass. Massachusetts Wash. U. L.Q. Washington University Law U.C.C. Uniform Commercial Code. Mich. Michigan Minn. Minnesota Quarterly. Miss. Mississippi Mo. W. West. Western. Missouri Wis. L. Rev. Wisconsin Law Review. Wall. Wallace’s United States Supreme Mont. Montana Neb. Nebraska Nev. Abbreviations for Series: Court Reports. Nevada 2d. The second series of a law publication. Wheat. Wheaton’s United States Supreme N.H. New Hampshire N.J. New Court Reports. Jersey 3d. The third series of a law publication. N.M. New Mexico N.Y. New 4th. The fourth series of a law publication. Examples: York Other Abbreviations: F.R. Crim. Proc. Federal Rules of Criminal Procedure N.C. North Carolina N.D. North * (an asterisk or star) Denotes that cited Dakota page number refers to publication’s F.R. App. Proc. Federal Rules of Appellate Ohio Ohio Okla. Oklahoma Ore. original page numbering system (used like Procedure Oregon this: *167). A.2d. Atlantic Reporter, Second Series Pa. Pennsylvania R.I. Rhode Island A.B.A. American Bar Association. F.3d. Federal Reporter, Third Series S.C. South Carolina S.D. South A.D. Appellate Division. COURTROOM ETIQUETTE Dakota A.L.R. American Law Reports. Tenn. Tennessee Tex. Texas Am. American. Amendment. A few basic rules apply to how you, as a pro Utah Utah Vt. Vermont Va. Virginia se litigant, should behave in a courtroom. Wash. Washington W.Va. West Amend. Amendment. Four general rules apply: Virginia App. Appellate. 1. Always show great respect in every Wis. Wisconsin Wyo. Wyoming Bl. Comm. Blackstone’s Commentaries on possible way. Don’t think of it as Frequently Cited Journals and the English Law. “sucking up” to the judge, but more along References: B.N.A. Bureau of National Affairs. the lines of not tempting his/her shortcomings. B.U. L. Rev. Boston University Law Review. C. Chapter. Code. Court. 2. Speak clearly and at a moderate volume Buff. L. Rev. Buffalo Law Review. C.J.S. Corpus Juris Secundum. C.J.S. Corpus Juris Secundum. and pace. Cas. Cases. 3. Expect a judge to wear a “poker face.” Cal. L. Rev. California Law Review. Ch. Chapter. You may feel defeated because the Case. W. Res. L. Rev. Case Western Cir. Circuit. judge doubts your brief, seems to brow Reserve Law Review. Civ. Civil. beat you, or questions you extensively. Colum. L. Rev. Columbia Law Review. Or, you may feel confident because the Cl. Clause. Cornell. L. Rev. Cornell Law Review. judge pretty much accepts your brief, Comm. Commentaries. looks pleasantly at you, or asks very few Fordham L. Rev. Fordham Law Review. Const. Constitution. questions. Ignore your feelings — you Fordham L. Rev. Fordham Law Review. can’t read the judge’s mind. Crim. Criminal. Geo. L.J. Georgetown Law Journal. 4. You must perform a once-only Ct. Court. Geo. Wash. L. Rev. George Washington “performance” on a “stage” called a Law Review. Cyc. “Cyclopedia of Law and Procedure.” courtroom, so practice, practice, practice. D.R. Disciplinary Rule. If you must, practice showing great Harv. L. Rev. Harvard Law Review. amounts of respect to the nastiest screw How. L.J. Howard Law Journal. Dec. Decisions. on your tier, and your performance in Mich. L. Rev. Michigan Law Review. Div. Division. court will go easy. Practice your Minn. L. Rev. Minnesota Law Review. E. East. Eastern. speeches standing up in your cell, in Evid. Evidence. front of a mirror, in the yard, in front of Nat. Resources J. National Resources jailhouse lawyers or your friends, or Journal. F. Federal. anywhere you can. Ohio St. L.J. Ohio State Law Journal. Fed. Federal. More specifically, you should: N.Y.U. L. Rev. New York University Law Jur. Jurisprudence. • If possible, wear a suit of clothes — a Review. L. Law. Legal. humble suit — NOT a $2,000 Armani suit. Rutgers L. Rev. Rutgers Law Review. N. North. Northern. If you don’t have or can’t borrow a suit, Seton Hall L. Rev. Seton Hall Law Review. wear the most respectful clothes possible. Pet. Peter’s United States Supreme Court Nothing flashy or distracting. No jewelry Stan. L. Rev. Stanford Law Review. Reports. A free publication. For imprisoned people only, – page 33 – who can reproduce it without permission. ` August 2019 except for a wedding ring. Wear jeans, T- come to you, take it, and bring it to the 28 U.S.C. 2254. The statute that allows a shirts, sneakers, or a jumpsuit ONLY as a judge. prisoner under state sentence to petition for last resort. • Write or search through your papers a writ of Habeas Corpus. • Appear as traditional as possible. Cover quietly. 28 U.S.C. 2255. The statute that allows a up as many tattoos as possible, even by • Refrain from talking to others or from prisoner to move to vacate, set aside or wearing a long-sleeved shirt and tie on a making obvious gestures. Try to yawn, correct a sentence that violates the hot summer day. Wear your hair at a sneeze, or cough quietly and unnoticed. If Constitution or laws of the United States, respectable length — yes, cut it if you desperately need a glass of water, that exceeds the maximum legal sentence, necessary. Likewise, lose the moustache catch a court officer’s eye, beckon him that the court imposed without jurisdiction, and beard. You want to show the judge a over, ask him or her, and you might get it. and so on. face that a “mother could love” and not a 42 U.S.C. 1983. The statute allowing civil face from a police line-up or a biker’s bar. • If you absolutely must talk to others, whisper or speak in a very low voice actions for the deprivation of rights under • Sit up straight, and face forward. If you without gesturing, and make it brief — no color of state law or authority. have shackles or chains on, try to remain lengthy conversations. However, talk as A — A — A — A — A — A — A — A — A still enough to prevent them from making needed with your lawyer so you don’t distracting noises. abstract of title. A chronological summary spoil your case. of all official records and recorded • Stand up when the judge enters and Also, make sure you have everything in documents affecting the title to a parcel of leaves. A court officer will direct everyone advance of your once-only performance: real property. to do this. • All pertinent documents and evidence acceptance. The taking and receiving of • Stand up if the judge begins talking to you. within reason (what the prison or court will anything in good faith with the intention of Because the judge has initiated this allow you to bring). retaining it. exchange between the two of you, you now have a right to speak but, obviously, • Reading glasses. Don’t let your fears of access to the courts. Regarding prisoners, wait for the judge to finish. your image ruin your case. Besides, the only unassailable constitutional right, glasses can make you look older and from which all other rights of theirs depend. • Always do what the judge asks you to do, smarter. Judges usually wear glasses. although you may ask the judge about accessory. A person who aids or this. • Several blank pages and more than one contributes in a secondary way or assists in writing instrument in case one breaks or or contributes to a crime as a subordinate. • Otherwise, address the court only when fails to write (you don’t want to try to bum 216 So. 2d 829, 831. Mere silence or directed by the judge. “Ask” the judge to a pen or pencil from someone while your approval of the commission of the crime speak by standing quietly. The judge will case goes on without you). does not amount to accessorial liability. 81 direct you to speak in due time. If you • Handkerchief, a paper towel, or facial Mo. 483. Failure to report a felony may change you mind about speaking, then sit constitute a crime in itself. An accessory down. tissue for sneezes, coughs, runny nose, watery eyes, cleaning glasses, etc. does act to facilitate another in the • When you do address the court, stand up, commission of a crime or in avoiding and speak clearly and respectfully. Keep Finally, once you have passed the point of apprehension for a crime. accessory after your arms by your side, or make very no return on your way to court, if you have the fact. A person who receives, comforts, small graceful gestures. Address the forgotten something of importance, resign or assists a felon knowing that he has judge as “your honor.” Speak and act yourself to that fact. Tell the judge so when committed a felony or whom the police seek without anger or disrespect. Use “please” appropriate, but don’t hate yourself for it — in connection with the commission or and thank you” when appropriate. Wear a don’t dwell on it. Simply make do the best attempted commission of a felony. 234 A.2d sincere face. you can. Resist the temptation to beat 284, 285. Thus, a person who obstructs yourself mentally. Keep a positive attitude. justice by giving comfort or assistance to a • When you express concern about making Strive to be happy. a point, try to voice your concern in terms criminal offender in an attempt to hinder or of your burden instead of the court’s DICTIONARY OF LEGAL prevent his apprehension or punishment. burden. For example, you should ask, 378 F.2d 540. “I’m not sure I answered the court’s WORDS AND PHRASES accessory before the fact. A person who question satisfactorily. May I explain # — # — # — # — # — # — # — # — # procures, counsels, or commands the deed myself?” instead of “Your honor doesn’t 1983 lawsuits. Civil suits brought under perpetrated, but who does attend, actively or understand. Let repeat what I said.” Title 42, Section 1983 of the United States constructive, at such perpetration. 282 A.2d • The judge will expect you to know ALL the Code, against anyone denying others of 154. Cf. accomplice, aid and abet, court rules and to follow its procedures their constitutional rights to life, liberty, or complicity, conspiracy, misprision. accordingly. However, judges usually property without due process of law. 42 accomplice. A person who knowingly and show a little leniency and assistance for U.S.C. 1983, qv. voluntarily participates with another in the incarcerated pro se litigants. If the judge 28 U.S.C. 1331. The statute that allows a commission or attempted commission of a does not offer it, you can politely request federal prisoner to file a complaint against a crime. 165 N.E.2d 814. A person liable for it. Watch the judge’s attitude about this: federal officer and request compensation for the identical offense charged against the use it if you must, but don’t irritate the loss or injury. defendant. 233 P.2d 347. A person who judge with requests. knowingly, voluntarily, or purposefully, and 28 U.S.C. 2241. The statute that allows a with common intent with the principal • Don’t approach the bench unless directed prisoner under federal sentence to petition by the judge. Ask to do so while allowed offender unites in the commission or for a writ of Habeas Corpus to challenge: attempted commission of a crime. Mere to speak. The judge will probably not denial of bail, implementation of a sentence, allow a prisoner to approach the bench. presence combined with knowledge that the computation of a sentence, revocation of crime will transpire, without active mental or • If you want to give the judge something, sentencing credits, or revocation of physical contribution, does not make one an tell the judge so (when allowed to speak), probation or parole. accomplice. Id. 348, 349. For example, hold it out, and a court officer should presence and knowledge by undercover agents do not make them accomplices. 478 A free publication. For imprisoned people only, – page 34 – who can reproduce it without permission. ` August 2019 S.W.2d 450, 451; 473 S.W.2d 19, 20. perspective on the case as the correct one allegation. A statement of the issues in a Accomplice liability requires a shared, to the judge or jury. written document (a pleading) which a common mens rea and criminal purpose adversary proceeding. One having person intends to prove in court. between them. Cf. accessory, aid and abet, opposing parties such as a plaintiff and a alteration. Changing or making different. complicity, conspiracy. defendant. Individual lawsuit(s) brought alternative dispute resolution. Settling a accretion. The increase or accumulation of within a bankruptcy proceeding. dispute without a full, formal trial. Methods land by natural causes, as out of a lake or adverse party. the party on the opposite include mediation, conciliation, arbitration, river. side of the litigation. The opposing party. and settlement, among others. acknowledgment. A formal declaration adverse possession. Method of acquiring alter ego rule. A rule of law that, in some before an authorized official by the person real property under certain conditions by jurisdictions, holds that a person can only who executed an instrument as his free act possession for a statutory period. defend a third party under circumstances and deed. The certificate of the official on affiant. The person who makes and and only to the degree that the third party such instrument attesting to such could act on their own behalf. acknowledgement. subscribes an affidavit. American Bar Association. A national acquittal. A release, absolution, or affidavit. A voluntary, written, or printed declaration of facts, confirmed by oath of the association of lawyers primarily to improve discharge of an obligation or liability. In their profession and the administration of criminal law the finding of not guilty. party making it before a person with authority to administer the oath. justice. Action Case. Cause, suit, or controversy affirmation. A solemn and formal American Law Reports. A publication disputed or contested before a court of which reports cases from all United States justice. declaration of affidavit as true. A substitute for an oath in certain cases. jurisdictions by subject matter. additur. An increase by a judge in the ancillary. An auxiliary or subordinate amount of damages awarded by a jury. affirmative defense. A defense raised in a responsive pleading (answer) relating a new proceeding to another. In probate, a adjective law -or- procedural law. That matter as a defense to the complaint; proceeding in a state where a decedent body of law which governs the process of affirmative defenses might include owned property not his domicile. protecting the rights under substantive law. contributory negligence or estopped in civil annotated codes. Publications that adjective law. The law pertaining to and actions. In criminal cases, such defenses combine state or federal statutes with prescribing the practice and procedure of the include insanity, duress, and self-defense. summaries of cases that have interpreted legislative process for determining or making affirmed. A word used by appellate courts the statutes. With a very few exceptions, affective substantive laws. Cf. substantive meaning that it upheld the decision of the annotated codes are only available in a law law. trial court. library. adjudication. Giving or pronouncing a aggravated assault. Unlawful intentional annotations. Remarks, notes, case judgment or decree. Also the judgment causing of serious bodily injury with or summaries, or commentaries following given. without a deadly weapon, or unlawful statutes which describe interpretations of the administrative agencies. Agencies intentional attempting or threatening of statute. created by the legislative branch of serious bodily injury or death with a deadly answer. A formal, written statement by the government to administer laws pertaining to or dangerous weapon. A particularly fierce defendant in a lawsuit which answers each specific areas such as taxes, transportation, or reprehensible assault. An assault allegation contained in the complaint. and labor. exhibiting peculiar depravity or atrocity, Answers to Interrogatories. A formal administrator. 1. One who administers the including assaults committed with written statement by a party to a lawsuit estate of a person who dies without a will. 2. dangerous or deadly weapons. An assault which answers each question or A court official. committed intentionally concomitant with interrogatory propounded by the other party. further crime. Mayhem, qv. admiralty law. Also, maritime law. That The answering party must acknowledge his body of law relating to ships, shipping, aggravating circumstances. answers before a notary public or other marine commerce and navigation, Circumstances or actions relating to the person authorized to take transportation of persons or property by sea, commission of a crime that increases its acknowledgments. etc. offensiveness or guilt beyond that of the anticipatory offense. Inchoate crime, qv. average assigning of guilt for the given type admissible evidence. Evidence that can of offense. antitrust acts. Federal and state statutes to be legally and properly introduced in a civil protect trade and commerce from unlawful or criminal trial. agreement. Mutual consent. restraints, price discriminations, price fixing, admonish. To advise or caution. For aid and abet. To actively, knowingly, and monopolies. example the court may caution or admonish intentionally, purposefully facilitate or assist appeal. A proceeding brought to a higher counsel for wrong practices. another in the commission or attempted court to review a lower court decision. commission of a crime. Those acts advance sheets. Paperback pamphlets characterized by affirmative criminal but not Appeal Bond. A guaranty by the appealing published by law book publishers weekly or by omissions or negative acquiescence. 24 party insuring the payment of court costs. monthly which contain reporter cases, A.2d 85, 87. Cf. accessory, accomplice, appearance. The act of coming into court including correct volume number and page complicity, conspiracy. as a party to a suit either in person or number. Publishers publish a bound volume through an attorney. of advanced sheets as sufficient numbers of alias. Any name used for an official purpose them become available. different from a person’s legal name. 234 appendix. Supplementary materials added S.W.2d 535, 539. Also refer to “aka” and to the end of a document. adversarial system. The two-sided “fka” in Abbreviations & Symbols. structure under which American criminal trial appellate court. A court having jurisdiction courts operate and that pits the prosecution alien. A foreign-born person who has not to hear appeals and review a trial court’s against the defense. In theory, qualified as a citizen of the country. procedure. accomplishment of justice occurs when the most effective adversary convinces their

A free publication. For imprisoned people only, – page 35 – who can reproduce it without permission. ` August 2019 appellee. The party against whom the damaging or destruction or attempted object crime to amount to the opposing party takes an appeal. damaging or destruction, by means of fire or commencement of the consummation.” 500 Respondent, qv. explosion of the property of another without P.2d 1276, 1282. Various legal tests used arbitration. The hearing of a dispute by an the consent of the owner, or of one’s own to determine if the perpetrator has impartial third person or persons (chosen by property or that of another with intent to accomplished enough to cross the line the parties), whose award the parties bind defraud. Perkins & Boyce, (3d ed. 982); between innocent preparation (mere themselves to accept. Model Penal Code §220.1. planning of the crime) and a criminal attempt include “dangerous proximity,” arbitrator. A private, disinterested person Ashurst-Sumners Act. A 1935 federal legislation which effectively ended the “indispensable element,” “last act,” “probable chosen by the parties in arbitration to hear desistance,” and “substantial step.” Acts of evidence concerning the dispute and to industrial prison era by restricting interstate commerce in prison-made goods. solicitation alone generally do not establish make an award based on the evidence. the elements of an attempt. Model Penal arraignment. I. Strictly, the hearing before assault. Threat to inflict injury with an Code §15.01; 252 A.2d 321, 324. Cf. a court having jurisdiction in a criminal case, apparent ability to do so. Also, any dangerous proximity, indispensable element, in which the identity of the defendant is intentional display of force that would give last act, probable desistance, substantial established, the defendant is informed of the the victim reason to fear or expect step. immediate bodily harm. An attempt or charge(s) and of his or her rights, and the attendant circumstances. The facts defendant is required to enter a plea. The threat, with unlawful force, to inflict bodily injury upon another, accompanies by the surrounding an event. The definitions of hearing at which the court brings the crime often require the presence or absence accused before it to plead to the criminal apparent present ability to give effect to the attempt if not prevented. 125 P.2d 681, 690. of attendant circumstances. For example, charge in the indictment. He may plead statutory rape requires that the girl not attain “guilty,” “not guilty,” or where permitted “nolo Threat, accompanied by present ability, may constitute assault. 447 F.2d 264, 273; 276 the age of consent. Model Penal Code contendere.” II. In some usages, any §2133. appearance in court prior to trial in criminal So. 2d 45, 46. As a tort, an assault may proceedings. Preliminary hearing, qv. exist even where no actual intent to make atrocious. Outrageously wicked and vile. one exists (as where the actor intends a 399 So. 2d 973, 977. An atrocious act arrest. “To deprive a person of his liberty by “joke”) if the actor places the victim in demonstrates depraved and insensitive legal authority.” 249 N.E.2d 553, 557. In the reasonable fear. Because an assault need brutality by the perpetrator. Conduct that technical criminal law sense, seizure of an not result in touching so as to constitute a exhibits a senselessly immoderate alleged or suspected offender to answer for battery, the trier of fact need not determine a application of extreme violence for a criminal a crime. 214 N.E.2d 114, 119. Arrest or any physical injury occurred in order to establish purpose. custodial interrogation, though not an assault. Assault constitutes both a technically called an “arrest” must have attorney. A person trained in the law, personal tort and a criminal wrong, and thus, admitted to practice before the bar of a given basis in probable cause. 99 S. Ct. 2248. persons claiming assault can seek remedy Intent by the arresting officer or agent to jurisdiction, and authorized to advise, in both civil action and/or criminal represent, and act for other persons in legal bring the suspect into custody. 266 F. Supp prosecution. 718, 724. The arrestee must understand the proceedings. seizure or detention as an arrest. 94 Ohio Some jurisdictions have, by statute, attorney-at-law. An advocate, counsel, or App. 313. Elements of an arrest consist of: defined criminal “assault” to include official agent employed in preparing, 1. purpose or intention to effect the arrest battery at common law (the actual managing, and trying cases in the courts. physical injury). Those jurisdictions under real or pretended authority, 2. the Attorney General. The chief law officer and person having present power to control also use the term “menacing” to refer to “assault” at common law. N.Y. legal counsel of a state government, usually arrestee to actually or constructively seize appointed by its governor. the person, 3. the arresting officer Penal Law Art. 120; Model Penal communicating the intention or purpose then Code §211.1. attorney-in-fact. A private person (not and there to make the arrest, and 4. the assault on a law enforcement officer. A necessarily a lawyer) authorized by another arrestee understanding that the arrestor simple or aggravated assault, where the to act in his or her place, either for some intends to arrest him. 250 F. Supp 278, 280. victim is a law enforcement officer engaged particular purpose, as to do a specific act, or Taking an adult or juvenile into physical in the performance of his or her duties. for the transaction of business in general, custody by authority of law, for the purpose not of legal character. An written instrument, assignment. The transfer to another called a “letter of attorney” or more of charging the person with a criminal person of any property, real or personal. offense or a delinquent act or status offense, commonly “power of attorney,” that confers terminating with the recording of a specific assumption of risk. A doctrine under this authority. offense. Cf. malicious arrest, resisting which a person may not recover for an injury attorney of record. The principal attorney arrest, privilege from arrest. received when he has voluntarily exposed in a lawsuit, who signs all formal documents himself to a known danger. arrest warrant. A document issued by a relating to the suit. judicial officer which directs a law at issue. The time in a lawsuit when the attorney pro se. A person who does not enforcement officer to arrest an identified complaining party has stated their claim and retain a lawyer and, thus, represents and person who has been accused of a specific the other side has responded with a denial appears for him/herself in court. and the matter can advance to trial. offense. Auburn style. A form of imprisonment arson. At common law, “the willful and attachment. Taking a person’s property to developed in New York state around 1820, malicious burning of a dwelling house of satisfy a court-ordered debt. using mass prisons that held prisoners in another.” 152 A.2d 50, 70. In some states, attempt. An overt act, beyond mere congregate fashion. Prisons had centrally- the burning of a house by its owner or part- preparation, moving directly toward the located cells opening onto corridors with the owner. 221 S.W.2d 285, 286. Several actual commission of a substantive offense. outer walls opposite with windows. This jurisdictions divide arson into degrees. 264 A.2d 266, 271. An offense separate style allowed greater physical freedom (thus, Statutory arson refers to comparable and distinction from the object crime. 438 no great need for windows in cells) as well offenses involving destruction of property S.W. 441, 446. “The overt act, sufficient to as rehabilitation through work. It competed other than dwellings by methods other than establish an ‘attempt,’ must extend far with the Pennsylvania style and lasted until burning, eg, explosion. The intentional enough toward accomplishment of the about 1890. A free publication. For imprisoned people only, – page 36 – who can reproduce it without permission. ` August 2019 autopsy. The dissection of a body to Bankruptcy Judge. The judge who bench trial. (Also known as court trial.) Trial determine the cause of death. It may determines a debtor’s entitlement to a without a jury in which a judge decides the involve inspection and exposure of important discharge in bankruptcy. facts. organs of the body to determine the nature bankruptcy law. The area of federal law bench warrant. An order issued by a judge of a disease or abnormality. The medical dealing with the handling of bankrupt for the arrest of a person. examiner of a county often conducts persons or businesses. autopsies. The coroner will call a coroner’s beneficiary. Someone named to receive inquest as required. Different from a post bar. 1. Historically, the partition separating property or benefits in a will. In a trust, a mortem. Inquest, qv. Cf. post mortem, in the general public from the space occupied person who will receive benefits from the Latin Words & Phrases. by the judges, lawyers, and other trust. participants in a trial. 2. More commonly, the bequeath. To give a gift to someone Defendants and courts should not term means the whole body of lawyers. consider an autopsy as a complete through a will. examination of a body regarding the bar examination. A state examination bequests. Gifts made in a will. taken by prospective lawyers allowing “circumstances” of its death. For best evidence. Generally, primary example, most autopsies generally admission to the bar and a license to practice law. evidence; the best evidence available; lack a complete chemical analysis of “secondary” refers to evidence less than the decedent. Many autopsies test Battered Woman’s Syndrome -or- BWS - best, such as a photocopy of an original only for depressants, which can kill, but or- Battered Person’s Syndrome. A letter. A rule of evidence that proof the will not usually test for stimulants, condition characterized by a history of content of a writing, recording, or photograph which can induce bizarre or extreme repetitive spousal abuse and learned requires the production of the original in behavior or which can intensify a helplessness - or the subjective inability to court. Fed. R. Ev. 1002. “Where the terms criminal action of the decedent leave an abusive situation. BWS has been are material, the original writing must be justifying the use of more force than defined by California courts as “a series of produced unless it is shown to be such activity or criminal action would common characteristics that appear in unavailable for some reason other than the normally justify. Defense wound, qv. women who are abused physically and serious fault of the proponent.” McCormick, B — B — B — B — B — B — B — B — B psychologically over an extended period of Evidence §229 (2d ed. 1972). time by the dominant male figure in their bail. Money or other security (such as a bail lives; a pattern of psychological symptoms bestiality. Sexual relations with animals. bond) provided to the court to temporarily that develop after somebody has lived in a beyond a reasonable doubt. The standard allow a person’s release from jail and assure battering relationship; or a pattern of in a criminal case requiring that the jury their appearance in court. “Bail” and “Bond” responses and perceptions presumed to be satisfy itself to a moral certainty that the are often used interchangeably. (Applies characteristic of women who have been prosecution proved every element of a mainly to state courts.) subjected to continuous physical abuse by crime. This standard of proof does not bail bond. An obligation signed by the their mates[s].” require that the state establish absolute accused to secure his or her presence at the battery. 1. unlawful physical violence certainty by eliminating all doubt, but it does trial. This obligation means that the accused inflicted upon another without his or her require that the evidence be so conclusive may lose money by not properly appearing consent; 2. an intentional and offensive that an ordinary person removes all for the trial. Often referred to simply as touching or wrongful physical contact with reasonable doubts from his mind. “bond.” Bond, qv. another without consent, that results in some bigamy. The crime of marrying one person bailiff. An officer of the court responsible for injury or offends or causes discomfort. while still legally married to another person. keeping order and maintaining appropriate battery. “The unlawful application of force bill of particulars. A statement of the courtroom decorum and has custody of the to the person of another.” Perkins & Boyce, details of the charge made against the jury. Criminal Law 152 (3d ed, 1982). The least defendant. bankruptcy. Refers to statutes and judicial touching of another’s person willfully, or in Bill of Rights. The first ten amendments of proceedings involving persons or anger. 3 Bl. Comm. *120. The actual the United States Constitution. That part of businesses that cannot pay their debts and touching involved in an assault and battery. any constitution which articulates seek the assistance of the court in getting a In tort law, the legal protection from battery fundamental rights of citizenship. A fresh start. Under the protection of the extends to any part of one’s body or to declaration of rights substantially immune bankruptcy court, the courts may release or “anything so closely attached thereto that it from government interference, and thus, a “discharge” debtors from their debts, is customarily regarded as a part thereof.” reservation of limited individual sovereignty. perhaps by paying a portion of each debt. Restatement (Second) Torts §18. “Thus, Courts will of necessity balance and limit Bankruptcy judges preside over these contact with the plaintiff’s clothing, or with a them when they clash with one another. proceedings. The debtor owes the debts to cane, ... the car which he is riding [sic] or Thus, courts find that the First Amendment creditors – both people or companies. Cf. driving.” suffices to create civil tort liability. guarantee of free speech and publication Chapter 7, Chapter 11, Chapter 13. Prosser, Torts 34 (4th ed. 1971). If the has, in some cases, conflicted with the Sixth Bankruptcy, as first developed by the contact is offensive, even though harmless, Amendment guarantee of a fair trial, with the British, almost amounted to a criminal it entitles the plaintiff to an award of nominal result of a judicial balancing of the two. proceeding initiated only by a creditor damages. Criminal jurisprudence considers Courts may also balance the rights of against an insolvent debtor, considered every punishable application of force to the individuals with other social values an offender. The US Constitution gave person of another as a criminal battery (a considered of equal importance. Thus, Congress the power to legislate on the misdemeanor at common law). Perkins and Oliver Wendell Holmes Jr., US Supreme subject of bankruptcy and, originally, Boyce, supra at 156-158. A beating, or Court justice, stated that freedom of speech only creditors could seek relief through wrongful physical violence. “Assault” refers does not extend to yelling “Fire!” in a such proceedings. Since then, to the actual threat to use force; “battery” crowded theatre. Courts will constrain the changes also allow a debtor to seek refers to the use of it, which usually includes freedom of religion when its practices adjudication as well as reorganization an assault. seriously endangers the lives of others, or and protection. bench. The seat occupied by the judge. violates other basic social values (for More broadly, the court itself. example, values against bigamy).

A free publication. For imprisoned people only, – page 37 – who can reproduce it without permission. ` August 2019 bind over. To hold a person for trial on bribery. The offense of giving or receiving a legislation, civil law 1. Cf. stare decisis, in bond (bail) or in jail. If the judicial official gift or reward intended to influence a person Latin Words & Phrases. conducting a hearing finds probable cause in the exercise of a judicial or public duty. cases. General term for an action, cause, to believe the accused committed a crime, brief. A written argument by counsel suit, or controversy, at law or in equity; the official will bind over the accused, arguing a case, which contains a summary questions contested before a court of justice. normally by setting bail for the accused’s of the facts of the case, pertinent laws, and castle exception. An exception to the appearance at trial. (Refers to a state court an argument of how the law applies to the procedure.) retreat rule that recognizes a persons’ fact situation. Also called a memorandum of fundamental right to be in his or her home, black letter law -or- hornbook law. Certain law. and also recognizes the home as a final and principles of law commonly known and buggery. A term usually meaning anal inviolable place of retreat. Under the castle without doubt or ambiguity. intercourse. exception to the retreat rule it is not blackmail. A form of extortion in which a burden of proof. In the law of evidence, the necessary to retreat from one’s home in the threat is made to disclose a crime or other necessity or duty of affirmatively proving a face of an immediate threat, even where social disgrace. fact or facts in dispute on an issue raised retreat is possible, before resorting to deadly Blackstone. 1. Sir William Blackstone, a between the parties in a lawsuit. The force in protection of the home. English legal theorist and educator, born responsibility of proving a point (the burden causation in fact. An actual link between 1723, died 1780. 2. His treatise on English of proof). It deals with which side must an actor’s conduct and a result. law, referred to as “Blackstone’s establish a point or points. Proof, qv. cause. A lawsuit, litigation, or action. Any Commentaries on the English Law” or just burglary. The breaking and entering of a question, civil or criminal, litigated or “Commentaries on the English Law” written building, locked automobile, boat, etc. with contested before a court of justice. 1765-1769. Although it concerns the laws of the intent to commit a felony or theft. Also, another country and written more than 200 cause of action. The fact or facts which the entering of a structure for the purposes give a person a right to relief in court. years ago, “Blackstone’s Commentaries,” as of committing a felony or theft offense. it is commonly called, remains an important caveat. A warning; a note of caution. historical source of knowledge regarding the burglary. The act of illegal entry with the intent to steal. censure. An official reprimand or jurisprudence and the content of law in condemnation of an attorney. Cf. America. business bankruptcy. A proceeding under disbarment, suspension. bodily injury. In general usage the term the Bankruptcy Code filed by a business entity. Certificate of Title. Document issued by refers to physical harm to a human being. In Registrar of Titles for real estate registered cases of assault and battery, however, the but-for rule. A method for determining under the Torrens System considered term refers to the unlawful application of causality which holds that “without this, that conclusive evidence of the present physical force upon the person of the victim would not be,” or “but for the conduct of the ownership and state of the title to the – even when no actual physical harm accused, the harm in question would not property described therein. have occurred.” results. certification. 1. Written attestation. 2. bond. A written agreement by which a bylaws. Rules or laws adopted by an Authorized declaration verifying an person insures he will pay a certain sum of association or corporation to govern its instrument as a true and correct copy of the money if he does not perform certain duties actions. original. property. Bail bond, qv. C — C — C — C — C — C — C — C — C certiorari. A writ of review issued by a bound supplement. A supplement to a capital crime. A crime punishable by death. higher court to a lower court. A means of book or books to update the service bound calendar. A list of cases scheduled for getting an appellate court to review a lower in permanent form. hearing in court. court’s decision. If an appellate court grants booking. The process of photographing, a writ of certiorari, it agrees to take the canons of ethics. Standards of ethical appeal. Sometimes referred to as “granting fingerprinting, and recording identifying data conduct for attorneys. of a suspect. This process follows the arrest. cert.” capacity. Having legal authority or mental challenge. An objection, such as when an Brandeis brief. A type of legal brief in ability. Being of sound mind. which wisdom and intellect, instead of legal attorney objects at a hearing to the seating factors, supports its issues. Named after caption. Heading or introductory party of a of a particular person on a civil or criminal Louis Brandeis, the then lawyer, who, for pleading. jury. example, [successfully] argued economic career offender. Under federal sentencing challenge for cause. A request from a necessity for the installation of minimum guidelines, a person who (1) is at least 18 party to a judge that the court not allow a wage laws. years old at the time of the most recent certain prospective juror as a member of a brain death. Death determined by a “flat” offense; (2) is convicted of a felony that is jury because of specified causes or reasons. reading on an electroencephalograph either a crime of violence or a controlled Cf. peremptory challenge. (EKG), usually after a 24-hour period, or by substance offense; (3) has at least two prior chambers. A judge’s private office. A other medical criteria. felony convictions of either a crime of hearing in chambers takes place in the violence or a controlled substance offense. breach. The breaking or violating of a law, judge’s office outside of the presence of the right, or duty, either by commission or case law. Law established by previous jury and the public. omission. The failure of one part to carry out decisions of appellate courts, particularly the change of venue. Moving a lawsuit or any condition of a contract. United States Supreme Court. criminal trial to another place for trial. Cf. breach of contract. An unjustified failure to case law. The system of laws, originally venue. perform the performance agreed upon by developed in England and adopted in the Chapter 7 Liquidation. The declaration of contract. United States, based on court decisions, the insolvency or bankrupt financial condition specifically appellate courts, on the doctrines of a debtor, the liquidation of certain assets breach of peace. Any unlawful activity that implicit in those decisions, and on customs unreasonably disturbs the peace and of the debtor, the fair distribution of such and usages rather than on a codified body of assets, and the retention by the debtor of tranquility of the community. Also, “an act written law or statutes. Cf. constitution, calculated to disturb the public peace” A free publication. For imprisoned people only, – page 38 – who can reproduce it without permission. ` August 2019 properties deemed exempt from his civil law. 1. Law originally embodied in the Public Law 91-112 refers to the 112th law liabilities. Cf. bankruptcy. Justinian Code (Codex Justinianeus) and passed by the 91st Congress of the United Chapter 11 Reorganization. Petitions for today prevalent in most western European States. If the jurisdiction does not codify a relief under chapter 11, if allowed, permit the countries, and also used as the foundation law, it will appear only in these session law debtor to undertake a restructure finances in of law in Louisiana (due to its French, not publications. order to allow the debtor to continue to English, origins) – cf. common law. 2. Laws code jurisdictions. Those states that have operate and, thus, pay his debts. This policy dealing with the rights of private citizens – cf. enacted legislation recognizing as criminal allows for a break from debt collection to criminal law. 3. Laws prescribed by the only that conduct specifically prohibited by allow the debtor to work out a repayment supreme authority of the state – cf. natural statute. law. 244 P. 323, 325. Also refer to Justinian plan with creditors as to how much the Code of Federal Regulations -or- CFR. An debtor will pay them, in what form, and other Code in the “History of Law” section in this legal primer. annual publication which contains the details. Cf. bankruptcy. cumulative executive agency regulations. civil procedure. The rules and process by Chapter 13 Protection -or- Wage Earner’s Code of Professional Responsibility. The Plan. Relief, under chapter 13 of the which a justice system tries and handles appeals in a civil case, including the rules of conduct that govern the legal Bankruptcy Code, in the form of a petition profession. substantiated by promises (for payment of a preparations for trial, the rules of evidence percentage of his debts from future and trial conduct, and the procedure for codicil. An amendment to a will. earnings) offered by a debtor in return for pursuing appeals. codify. To arrange in a code. Cf. code. government protection from creditors. Civil Service Commission. A federal collate. To arrange in order; verify Termed “wage earner’s plan” for individual agency which regulates the hiring of arrangement of pages before binding or petitioners and “chapter 13 protection” for government employees. fastening; put together. companies. Under chapter 13, the debtor claim. A debt owing by a debtor to another collective mark. Trademark or service retains nominal possession and use of his person or business. In probate parlance, the mark used by members of a cooperative, an property, but under supervision of a court- term used for debts of the decedent and a association, or other collective group or appointed trustee and according to a court- procedure to follow by a creditor to obtain organization. approved schedule to pay creditors within a payment from his estate. period of time. Bankruptcy trustees also commit. To send a person to prison, take legal title to the debtor’s property and claim of right. A defense against a charge asylum, or reformatory by a court order. hold it “in trust” for equitable distribution of larceny, consisting of an honest belief in common law. Also case law. Law among creditors, if needed. Cf. bankruptcy. ownership, or right to possession. established by subject matter heard in earlier charge to the jury. The judge’s instructions class action. A lawsuit brought by one or cases. to the jury concerning the law that applies to more persons on behalf of a larger group. common law. The system of jurisprudence the facts of the case on trial. Clayton Act. The federal law that amended originally developed in England, later applied chief judge. Presiding or administrative the Sherman Act dealing with antitrust in the United States, based on judicial judge in a court. regulations and unfair trade practices. precedent rather than statutory laws. Based clean air acts. Federal and state on the unwritten laws of England, common chance medley. A sudden quarrel resulting laws derive from principles rather than rules. in an unpremeditated homicide. environmental statutes enacted to regulate and control air pollution. It does not consist of absolute, fixed, and chattel. An article of personal property. clear and convincing evidence. Standard inflexible rules, but rather of broad and child. Offspring of parentage; progeny. of proof commonly used in civil lawsuits and comprehensive principles based on justice, chronological. Arranged in the order in in regulatory agency cases. It is a standard reason, and common sense. It originates which events happened. According to date. less than that of proof “beyond a reasonable and promulgates from judicial decisions. doubt,” but greater than that required by a The social needs of society (and the circumstantial evidence. All evidence changes in those needs) determine common except eyewitness testimony. For example, “preponderance of the evidence” standard. It governs the amount of proof that must be law principles and the changes in those physical evidence, such as fingerprints, from principles. Changes in common law which an inference can be drawn. offered in order for the plaintiff to win the case. Proof, qv. principles reflect new conditions, interests, citation. A writ or order issued by a court relations, and usages as the progress of commanding the person named therein to clemency -or- executive clemency. Act of society may require. Cf. civil law 1. appear at the time and place named; also grace or mercy by the president or governor to ease the consequences of a criminal act, community service. A sentencing the written reference to legal authorities, alternative that requires offenders to spend precedents, reported cases, etc., in briefs or accusation, or conviction. (Sometimes known as commutation or pardon.) at least part of their time working for a other legal documents. community agency. citators. A set of books which provides the Clerk of Court. The administrator or chief clerical officer of the court who exercises commutation. The reduction of a sentence, subsequent history of reported decisions as from death to life imprisonment. through a form of abbreviations or words. serious power in the court. Note: NEVER Shepard’s Citations has the widest use. consider this clerk as a “file clerk.” comparative fault. A rule in admiralty law where the court requires each vessel civil. Relating to private rights and remedies closing argument. The closing statement, by a counsel, to the trier of facts after all involved in a collision to pay a share of the sought by civil actions as contrasted with total damages in proportion to its percentage criminal proceedings. parties have concluded their presentation of evidence. of fault. civil action. An action brought to enforce or comparative negligence. The rule under protect private rights. code. A comprehensive and systematic compilation of laws. The criminal code which a court measures negligence by Civil Aeronautics Board (CAB). A refers to the penal laws of the jurisdiction. percentage, and lessens damages in commission which promotes and regulates Today most jurisdictions have codified a proportion to the amount of negligence the civil air transport industry in the U.S. and substantial part of their laws. All jurisdictions attributable to the person seeking recovery. between the U.S. and foreign countries. record each new law in a volume of session competent to stand trial. A finding by a laws or Statutes at Large. For example, court, when a defendant’s mental A free publication. For imprisoned people only, – page 39 – who can reproduce it without permission. ` August 2019 competency to stand trial is at issue, that the stored on a computer, or of computer constitution. The fundamental law of a defendant has sufficient present ability to programs or computer software. nation or state which establishes the consult with his lawyer with a reasonable concealed weapon. One that is carried on character and basic principles of the degree of rational understanding, and that or near one’s person and is not discernible government. he has a rational as well as factual by ordinary observation. constitution. The supreme laws, from the understanding of the proceedings against people acting in their sovereign capacity (or him. conciliation. A form of alternative dispute resolution in which the parties bring their by representatives of the people), which complainant. The party who complains or dispute to a neutral third party, who helps create a government and empower that sues; one who applies to the court for legal lower tensions, improve communications, government to, in turn, govern the people, redress. Cf. plaintiff. and explore possible solutions. Similar to providing permanence and stability. In the complaint. 1. The legal document that mediation but perhaps less formal. United States, the word “Constitution” emphasizes the unique American concept of usually begins a civil lawsuit. It states the concurrence. The simultaneous facts and identifies the action it requests the restricting the powers of government. coexistence of an act in violation of the law, Schwartz, Constitutional Law, Ch 1, pg 1 court to take. 2. Formal written charge that and a culpable mental state. a person has committed a criminal offense. (1979). A constitution, whether state or concurrent sentences. Sentences for federal does, in part, preserve and protect complicity. Involvement in crime either as more than one crime for the convicted the rights of minorities against the arbitrary principal or accomplice. The term also refers person to serve at the same time, rather actions of those in power. 208 U.S. 412, to the activities of conspirators, and may than one after the other. Cf. cumulative 420. All other laws must conform to the therefore be taken to mean the conduct on sentences, consecutive sentences. constitution, the supreme law of the land, the part of a person that is intended to which no statute can abolish or nullify even encourage or aid another person in the condemnation. The legal process by which the government takes private land for public in part. 140 F. Supp. 925. Cf. legislation, commission of a crime, assist in an escape, case law. or avoid prosecution. use, paying the owners a fair price. Cf. eminent domain. constitutional law. Law set forth in the compounding a crime -or- compounding conduct. Behavior and its accompanying Constitution of the United States and the a felony. Consists of the receipt of property state constitutions. or other valuable consideration in exchange mental state. for an agreement to conceal or not conformed copy. An exact copy of a constructive entry. In the crime of prosecute one who has committed a crime. document containing written things that, for burglary, one that occurs when the defendant causes another person to enter a computer crime. Crime which employs some reason, could not copy. For example, a notation, which states the parties signed a structure to commit the crime or achieve a computer technology as central to its felonious purpose. commission, and which could not be document, replaces the written signature. committed without such technology. Cf. consecutive sentences. Successive constructive possession. The ability to cybercrime. sentences, one beginning at the expiration exercise control over property and objects, even though not in one’s physical custody. computer fraud. A statutory provision, of another, imposed against a person found in many states, which makes it convicted of two or more violations. Cf. constructive touching. A touching inferred unlawful for any person to use a computer or concurrent sentences, cumulative or implied from prevailing circumstances. computer network without authority and with sentences. Also, a touching for purposes of the law. the intent to (a) obtain property or services consent. A justification offered as a consumer bankruptcy. A proceeding by false pretenses; (b) embezzle or commit defense to a criminal charge which claims under the Bankruptcy Code filed by an larceny; or (c) convert the property of that the person suffering an injury either individual (or husband and wife) who do not another. agreed to sustain the injury, or that the conduct a business. computer tampering. The illegal insertion possibility of injury in some activity was contempt of court. Willful disobedience of or attempt to insert a “program” into a agreed to before that activity was a judge’s command or of an official court computer, while knowing or believing that undertaken. order. the “program” contains information or conservatorship. Legal right given to a continuance. Postponement of a legal commands that will or may damage or person to manage the property and financial proceeding to a later date. destroy that computer (or its data), or any affairs of a person deemed incapable of other computer (or its data) accessing or doing that for him or herself. Cf. contract. An agreement between two or being accessed by that computer, or that will guardianship. more persons which creates an obligation to or may cause loss to the users of that do or not to do a particular thing. A legally consideration. The price bargained for and enforceable agreement between two or computer or the users of a computer which paid for a promise, goods, or real estate. accesses or which is accessed by such more competent parties made either orally conspiracy. “A combination or two or more or in writing. “program.” person to commit an unlawful act, or to computer trespass. The offense of using a contributory negligence. The rule of law commit a lawful by criminal or unlawful under which the court considers an act or computer or computer network without means; or a combination of two or more authority and with the intent to (a) remove omission of plaintiff as a cause of injury and person by concerted action to accomplish an a bar to recovery. computer data, computer programs or unlawful purpose, or some purpose not in computer software from a computer or itself unlawful by unlawful means. It is controlled substance. A specifically computer network; (b) cause a computer to essential that there be two or more defined bioactive or psychoactive chemical malfunction; (c) alter or erase any computer conspirators; one cannot conspire with substance which comes under the purview data, computer programs or computer himself.” 314 P.2d 625, 631. Some of the criminal law. software; (d) effect the creation or alteration jurisdictions, however, permit prosecution of conversion. Unauthorized assumption of of a financial instrument or of an electronic one person for conspiracy when, for the right of ownership. Conversion is a transfer of funds; (e) cause physical injury to example, the government cannot find or central feature of the crime of the property of another; or (f) make or cause otherwise prosecute the other party(ies). Cf. embezzlement, as in the unlawful to be made an unauthorized copy of data accessory, aid and abet, accomplice, conversion of the personal property of complicity. A free publication. For imprisoned people only, – page 40 – who can reproduce it without permission. ` August 2019 another, by a person to whom it has been criminal conspiracy. An agreement criminal trespass. The entering or entrusted. between two or more persons to commit or remaining on the property or in the building conveyance. Instrument transferring title of to effect the commission of an unlawful act, of another when entry was forbidden or; land for one person or group of persons to or to use unlawful means to accomplish an having received notice to depart, failing to do another. act that is not unlawful. so. conviction. A judgment of guilt against a criminal contempt. Deliberate conduct criminalize. To make criminal. To declare criminal defendant. calculated to obstruct or embarrass a court an act or omission to be criminal or in of law. Also, conduct intended to degrade violation of a law making it so. coroner. A public official who investigates the role of a judicial officer in administering criminally negligent homicide. Homicide the causes and circumstances of deaths that justice. occur within his jurisdiction and makes a which results from criminal negligence. finding in a coroner’s inquest. Autopsy, criminal homicide. The purposeful, culpable ignorance. The failure to exercise inquest, qv. Post mortem, qv, in Latin knowing, reckless, or negligent causing of ordinary care to acquire knowledge of the Words & Phrases. the death of one human being by another. law or of facts which may result in criminal Also, that form of homicide for which criminal liability. corroborating evidence. Supplementary liability may be incurred. Criminal homicide evidence that tends to strengthen or confirm may be classified as murder, manslaughter, cross-claim. A pleading which asserts a the initial evidence. or negligent homicide claim arising out of the same subject action as the original complaint against a co-party, counsel. A legal adviser; a term used to criminal justice system. The network of refer to lawyers in a case. i.e., one co-defendant cross claims against courts and tribunals which deal with criminal another co-defendant for contribution for any counterclaim. A claim made by the law and its enforcement. damages assessed against him. defendant in a civil lawsuit against the criminal law. That body of rules and plaintiff. In essence, a counter lawsuit within cross-examination. The questioning of a regulations that defines and specifies witness produced by the other side. a lawsuit. punishments for offenses of a public nature, court. A government body to which the or for wrongs committed against the state or cumulative sentences. Sentences for two government delegates the administration of society; also called penal law. or more crimes to run consecutively, rather justice. than concurrently. Cf. concurrent criminal law. A law enacted to preserve sentences, consecutive sentences. court-appointed attorney. Attorney public order by defining an offense against appointed by the court to represent a the public and imposing a penalty for its custody. Detaining of a person by lawful defendant, usually with respect to criminal violation. Cf. civil law 2. 191 N.Y.S.2d 54, process or authority to assure his or her charges and without the defendant having to 57. Some statutes grant private [civil] appearance to any hearing; the jailing or pay for the representation. actions against such a wrongdoer in a imprisonment of a person convicted of a crime. court costs. The expenses of prosecuting remedial, not penal, capacity. 218 S.W.2d or defending a lawsuit, other than the 75, 78; 59 S.W. 952, 953. cybercrime. Crime which employs attorney fees. An amount of money that the criminal liability. The degree of computer technology as central to its court may award to the successful party blameworthiness assigned to a defendant by commission, and which could not be (and may be recoverable from the losing a criminal court, and the concomitant extent committed without such technology. Another party) as reimbursement for court costs. to which the defendant is subject to penalties word for computer crime. Cf. computer crime. court of last resort. The highest court in prescribed by the criminal law. the land. Typically, the supreme court of a criminal mischief. The intentional or D — D — D — D — D — D — D — D — D state or the US. knowing damage or destruction of the damages. Money awarded by a court to a court of original jurisdiction. A court tangible property of another. person injured by the unlawful actor where a party initiates a matter and the court criminal negligence. 1.) behavior in which negligence of another person. hears it in the first instance; a trial court. a person fails to reasonably perceive dangerous proximity test. A test for court of record. substantial and unjustifiable risks of assessing attempts, under which a person is dangerous consequences; 2.) negligence of guilty of an attempt when his or her conduct court reporter. A person who transcribes comes dangerously close to success. by shorthand or stenographically takes down such a nature and to such a degree that it is testimony during court proceedings, a punishable as a crime; 3.) flagrant and deadly force. Force likely to cause death or deposition, or other trial-related proceeding. reckless disregard for the safety of others, or great bodily harm. willful indifference to the safety and welfare debtor. One who owes a debt to another; a court rules. Regulations governing practice of others. and procedure in the various courts. person filing for relief under the Bankruptcy criminal sexual conduct. A gender-neutral Code. creditor. A person to whom a debtor owes term which is applied today to a wide variety decedent. A deceased person. a debt. of sex offenses, including rape, sodomy, crime. Any act or omission prohibited by criminal sexual conduct with children, and decision. The opinion of the court in public law, committed without defense or deviate sexual behavior. concluding a case at law. justification, and made punishable by the criminal simulation. The making of a false declaratory judgment. A statutory remedy state in a judicial proceeding in its own document or object that does not have any for judicial determination of a controversy name. apparent legal significance. where the plaintiff has doubts about his legal rights. crime against nature. A general term criminal solicitation. The encouraging, which can include homosexual or requesting, or commanding of another decree. An order of the court. A final decree heterosexual acts of anal intercourse, oral person to commit a crime. fully and finally disposes of the litigation. Cf. intercourse, and bestiality, and which may interlocutory. even apply to heterosexual intercourse in criminal syndicalism. Advocating the use of unlawful acts as a means of defamation. That which tends to injure a “positions” other than the generally accepted person’s reputation. Cf. libel, slander. “missionary” position. accomplishing a change in industrial ownership, or to control political change. default. Failure of the defendant to appear and answer the summons and complaint. A free publication. For imprisoned people only, – page 41 – who can reproduce it without permission. ` August 2019 default judgment. A judgment entered for criminal punishment which sets one disturbance of public assembly. A crime against a party who fails to appear in court particular punishment, or length of sentence, that occurs when any person(s) acts(s) or respond to the charges. for each specific type of crime. Under the unlawfully at a public gathering collected for defendant. The person defending or model, for example, all offenders convicted a lawful purpose in such a way as to denying a suit. of the same degree of burglary would be purposefully disturb the gathering. sentenced to the same prison sentence. defense. Evidence and arguments offered diversity of citizenship. The condition by a defendant and his or her attorney(s) to deterrence. A goal of criminal sentencing when the party on one party of a lawsuit show why that person should not be held which seeks to prevent others from claims citizenship in one state and the other liable for a criminal charge. committing crimes similar to the one for party claims citizen in another state; such which an offender is being sentenced. cases fall under the jurisdiction of federal defense of property. Affirmative defense in deviate sexual intercourse. Any contact courts. “Party” in this definition refers to criminal law or tort law where defendant persons, corporations, municipalities, and used force to protect his property. between any part of the genitals of one person and the mouth or anus of another. counties. defense wound. Refers to a wound of a diversion. The process of removing some victim related to the victim’s defense of a digest. An index or compilation of abstracts of reported cases into one, set forth under minor criminal, traffic, or juvenile cases from physical attack. Juries or other triers of fact the full judicial process, on the condition that determine the truth as to the existence of a proper law topic headings or titles and usually in alphabetical arrangement. the accused undergo some sort of defense wound. Some medical examiners rehabilitation or make restitution for and coroners wrongfully attempt to describe diminished capacity -or- diminished damages. a wound as a “defense wound.” Such responsibility. A defense based upon terminology contains serious prejudice by a claims of a mental condition which may be docket. An abstract or listing of all government official. insufficient to exonerate a defendant of guilt, pleadings filed in a case; the book containing but that may be relevant to specific mental such entries; trial docket is a list of or deficient. Incomplete; defective; not calendar of cases to be tried in a certain sufficient in quantity or force. elements of certain crimes or degrees of crime. term. defunct. A corporation no longer operative; docket control. A system for keeping track having ceased to exist. direct evidence. Proof of facts by witnesses who saw acts done or heard of deadlines and court dates for both degree. The level of seriousness of an words spoken. litigation and non-litigation matters. offense. direct examination. The initial questioning domicile. The place where a person has degree of proof. The measure of of witnesses by the party who called the his permanent home to which he intends to probability necessary in order for a court or witness meant to present testimony return. other fact-finder to render a decision or containing the factual argument the party double jeopardy. Putting a person on trial verdict with regard to the evidence intends to make. It should not employ more than once for the same crime. The presented to it. Proof, qv. leading questions except as necessary to Fifth Amendment to the United States democracy. Government exercised either develop his testimony. Constitution prohibits double jeopardy. directly by the people or through elected directed verdict. In a case in which the driving under the influence -or- DUI. representatives and officers. Thus, the plaintiff has failed to present on the facts of Unlawfully operating a motor vehicle while populace acts as the supreme source of his case proper evidence for jury under the influence of alcohol or drugs. Cf. political power. The principles of social consideration, the trial judge may order the driving while intoxicated. equality and respect for the individual within entry of a verdict without allowing the jury to a community. driving while intoxicated -or- DWI . consider it. Unlawfully operating a motor vehicle while The word “democracy” derives from disbarment. Form of discipline of a lawyer under the influence of alcohol. Cf. driving the Greek “demokratia,” from the resulting in the loss (often permanently) of under the influence. phrase “demos kratia,” meaning that lawyer’s right to practice law. Cf. “people’s power.” drug. A generic term applicable to a wide censure, suspension. variety of substances having any physical or demurrer. A pleading filed by the defendant discharge. The name given to the psychotropic effect upon the human body. claiming that the filed complaint as bankruptcy court’s formal discharge of a insufficient to require an answer. DSM-IV. The fourth edition of the Diagnostic debtor’s debts. In probate, the release of the and Statistical Manual of Mental Disorders, dependent. One who derives existence estate’s representative from fiduciary published by the American Psychiatric and support from another. responsibility. Association. The DSM-IV lists 12 major deposition. Testimony of a witness or a disclaim. To refuse a gift made in a will. categories of mental disorder. party taken under oath outside the discovery. The name given pretrial devices due process of law. The right of all courtroom, the transcript of which becomes for obtaining facts and information about the persons to receive the guarantees and a part of the court’s file. case. safeguards of the law and the judicial depraved heart murder. 1. unjustifiable dismissal. The termination of a lawsuit. Cf. process. It includes such constitutional conduct which is extremely negligent, and with prejudice, without prejudice. requirements as adequate notice, which results in the death of a human being. assistance of counsel, and the rights to 2. the killing of a human being with extreme disorderly conduct. Specific, purposeful, remain silent, to a speedy and public trial, to atrocity. and unlawful behavior that tends to cause an impartial jury, and to confront and secure public inconvenience, annoyance, or alarm. designer drugs. Chemical substances witnesses. Refer to the Due Process section which have a potential for abuse similar to or Dissent To Disagree. An appellate court in this legal primer. greater than that for controlled substances, opinion setting forth the minority view and duress -or- compulsion. A condition under but which are designed to produce a desired outlining the disagreement of one or more which one is forced to act against one’s will. judges with the decision of the majority. pharmacological effect and to evade the Durham Rule -or- product rule. A rule controlling statutory provisions. dissolution. The termination; process of which holds that an accused is not criminally determinate sentencing -or- presumptive dissolving or winding up something. responsible if his or her unlawful act was the sentencing -or- fixed sentencing. A model product of mental disease or mental defect. A free publication. For imprisoned people only, – page 42 – who can reproduce it without permission. ` August 2019 E — E — E — E — E — E — E — E — E severity, regardless of the social or personal should not be held accountable under the effective consent. Also termed legal characteristics of offenders. criminal law. consent, is consent that has been obtained escheat. The process by which a deceased execute. To complete; to sign; to carry out in a legal manner. person’s property goes to the state if it finds according to its terms. elements of a crime. Specific factors that no heir. execution of public duty defense. A define a crime which the prosecution must escrow. By agreement between two defense to a criminal charge (such as prove beyond a reasonable doubt in order to parties, money or a written instrument such assault) which is often codified, and which obtain a conviction: (1) that a crime has as a deed held by a neutral third party (held precludes the possibility of police officers actually occurred, (2) that the accused in escrow) until parties meet all conditions of and other public employees from being intended the crime to happen, and (3) a the agreement. prosecuted when lawfully exercising their timely relationship between the first two esquire. In the United States the title authority. factors. commonly appended after the name of an executor. A personal representative, embezzlement. The misappropriation of attorney. In English law a title of dignity next named in a will, who administers an estate. property already in possession of the above gentleman and below knight. Title exempt property. All the property of a defendant. Also, the unlawful conversion of also given to barristers at law and others. debtor not attachable under the Bankruptcy the personal property of another, by a Abbreviated: Esq. Code or the state statute. person to whom it has been entrusted by (or espionage. The unlawful act of spying for a for) its rightful owner. exhibit. A document or other item foreign government. introduced as evidence during a trial or Eminent Domain. The power of the estate. A person’s property. hearing. government to take private property for public use through condemnation. estate tax. Generally, a tax on the privilege exonerate. Removal of a charge, of transferring property to others after a responsibility, or duty. en banc. All the judges of a court sitting person’s death. In addition to federal estate together. Appellate courts can consist of a ex parte. On behalf of only one party, taxes, many states have their own estate without notice to any other party. For dozen or more judges, but normally they taxes. hear cases in panels of three judges. “En example, a request for a search warrant, banc” refer to a hearing or a rehearing by the estop. To impede or prevent. since neither the party nor the court notifies full court. estoppel. An impediment that prevents a the person subject to the search of the person from asserting or doing something proceeding, nor does that person attend the encyclopedia. A book or series of books hearing. arranged alphabetically by topics containing contrary to his own previous assertion or act. information on areas of law, including ethics. Of or relating to moral action and ex parte proceeding. A judicial proceeding citations to support the information. conduct; professionally right; conforming to brought for the benefit of one party only, professional standards. without notice to or challenge by an adverse enjoining. An order by the court telling a party. person to stop performing a specific act. evidence. Information presented in testimony or in documents that is used to explicit. Expressed without vagueness or entity. A person or legally recognized ambiguity. Clearly formulated or defined. organization. persuade the fact finder (judge or jury) to decide the case for one side or the other. For example, a concealed weapon statute entrapment. An improper or illegal with the wording “...revolvers, derringers, inducement to crime by agents of exceptions. Declarations by either side in a and similar firearms...” explicitly refers to enforcement. The act of inducing a person civil or criminal case reserving the right to revolvers. Cf. implicit. to commit a crime so that a criminal charge appeal a judge’s ruling upon a motion. Also, in regulatory cases, objections by either side express consent. Verbally expressed will be brought against him. Also, a defense willingness to engage in a specified activity. that may be raised when such inducements to points made by the other side or to rulings occur. by the agency or one of its hearing officers. expungement. The process by which the Exclusionary Rule. A constitutional rule of court destroys or seals the record of criminal entry. A statement of conclusion reached conviction. by the court and placed in the court record. law based upon court interpretation of the constitutional prohibition against extenuating circumstances. environment. The conditions, influences, or unreasonable searches and seizures, which Circumstances which render a crime less forces which affect the desirability and value provides that the prosecution may not use aggravated, heinous, or reprehensible than of property, as well as the effect on people’s otherwise admissible evidence in a criminal otherwise. lives. trial if the police obtained it through illegal extortion. The taking of personal property Environmental Protection Agency (EPA). conduct. The rules does not apply in civil by threat of future harm. A federal agency created to permit proceedings, although some statutes coordinated and effective governmental specifically provide for exclusion of such extradition. The surrender of an accused action to preserve the quality of the evidence. Fruit of the poisonous tree, qv. criminal by one state to the jurisdiction of another. environment through the abatement and exculpatory. Refers to evidence, control of pollution on a systematic basis. statements, or testimony that tends to F — F — F — F — F — F — F — F — F equal protection of the law. The exonerate, clear, or excuse a defendant of fair market value. The value for which a guarantee in the Fourteenth Amendment to guilt or wrongdoing. Cf. inculpatory. reasonable seller would sell an item of the U.S. Constitution that the law treat all excusable homicide. Killing in a manner property and for which a reasonable buyer persons equally. which the criminal law does not prohibit. would buy it. equity. Justice administered according to Also, homicide that may involve some fault, false imprisonment -or- false arrest. The fairness; the spirit or habit of fairness in but which is not criminal homicide. unlawful restraint of another person’s liberty. dealing with other persons. A sentencing excuses. A category of legal defenses in Also, the unlawful detention of a person principle, based upon concerns with social which the defendant claims that some without his or her consent. equality, which holds that similar crimes personal condition or circumstance at the false pretenses. Knowingly and unlawfully should be punished with the same degree of time of the act was such that he or she obtaining title to, and possession of, the lawful property of another by means of

A free publication. For imprisoned people only, – page 43 – who can reproduce it without permission. ` August 2019 deception, and with intent to defraud. Also with intent to provoke, inherently likely to defendant who takes the stand in his own known as obtaining property by false provoke a breach of the peace from the defense. 401 U.S. 222. This rule does not pretenses. person so addressed. Fighting words do not apply to evidence resulting from illegal family law. Those areas of the law fall under the privilege of the First conduct by private persons except such pertaining to families, i.e., marriage, divorce, Amendment to the U.S. Constitution. conduct involving complicity on the part of child custody, juvenile, paternity, etc. Chaplinsky v. United States 315 U.S. 568, the state. 256 U.S. 465. However, several 62 S.Ct. 766, 86 L.E. 1031. states courts do exclude evidence obtained Federal Aviation Agency -or- FAA. A file. To place a paper in the official custody through unreasonable private-party federal agency which regulates air searches. 485 P.2d 47. Also, if the police commerce to promote aviation of the clerk of court/court administrator to enter into the files or records of a case. employ a method of acquiring evidence Administration safety. sufficiently distinct from the original illegal Federal Bureau of Investigation -or- FBI. Filing Fee. The fee required for filing activity, the prosecution may use the A federal agency which investigates all various documents. evidence if it shows the dissipation of the violations of federal laws. finding. Formal conclusion by a judge or tainted (poisonous) act. For example, a Federal Communications Commission - regulatory agency on issues of fact. Also, a bona fide confession where the police or- FCC. conclusion by a jury regarding a fact. illegally arrested but then released the A federal agency which regulates interstate first impression. -or- first consideration. defendant, who then sometime thereafter and foreign communications by wire and The first time a court considers, for returns and confesses. 371 U.S. 971. radio. determination, a particular question of law. This doctrine draws its name from the Federal Deposit Insurance Corporation - A first impression case presents a question idea that, once the police “poison the or- FDIC. of law never before considered by any court, tree” (act illegally to obtain or to An agency which insures deposits in and thus, not influenced by stare decisis. Cf. attempt to obtain the primary banking institutions in the event of financial question of law, stare decisis. evidence), then any “fruit of the tree” failure. fleeing felon rule. A now defunct law (any primary, secondary or other Federal Insurance Contribution Act -or- enforcement practice that permitted officers evidence) resulting from that illegal FICA. to shoot a suspected felon who attempted to search also contains that “poison.” The federal act which imposes a tax on flee from a lawful arrest. G — G — G — G — G — G — G — G — G employers and employees used to fund the Food and Drug Administration (FDA). A gambling. The wagering of money, or of Social Security system. IRC §3101 et seq. federal agency which sets safety and quality some other thing of value, on the outcome or federal interest computer. A computer standards for food, drugs, cosmetics, and occurrence of an event. exclusively for the use of a financial household substances. garnishment. A legal proceeding in which a institution or the United States Government, forcible rape. Rape that is accomplished garnishee (a possessor of debtor’s money), or one which is used by or for a financial against a person’s will by means of force, applies that money to the debts of the institution or the United States Government, violence, duress, menace, or fear of debtor, such as when an employer or which is one of two or more computers immediate and unlawful bodily injury to the garnishes a debtor’s wages. used in committing the offense, not all of victim. general deterrence. A goal of criminal which are located in the same state. foreclosure. A court proceeding upon sentencing that seeks to prevent others from Federal Mediation and Conciliation default in a mortgage to vest title in the committing crimes similar to the one for Service. mortgagee. which a particular offender is being An agency which provides mediators to forfeiture. 1. An enforcement strategy sentenced by making an example of the assist in labor-management disputes. supported by federal statutes and some person sentenced. Federal Register. A daily publication which state laws which authorizes judges to seize general intent. That form of intent that can contains federal administrative rules and “all monies, negotiable instruments, be assumed from the defendant’s behavior. regulations. securities, or other things of value furnished General intent refers to an actor’s physical Federal Supplement. Books which contain or intended to be furnished by any person in conduct. decisions of the Federal District Courts exchange for a controlled substance...(and) general jurisdiction. Refers to courts that throughout the country. all proceeds traceable to such an have no limit on the types of criminal and exchange.” 2. A cancellation. A legal action civil cases they may hear. Federal Unemployment Tax. A tax levied whereby a contract purchaser following on employers based on employee wages default loses all his interest in the property. Golden Age of the Victim. An historical paid. (FUTA tax) epoch during which victims had well- forgery. The making of a false written recognized rights, including a personal say fellatio. Oral stimulation of the penis. instrument or the material alteration of an felony. A serious criminal offense. Under in imposing punishments upon apprehended existing genuine written instrument. offenders. federal law any offense punishable by death fornication. Voluntary sexual intercourse or imprisonment for a term exceeding one good time. A reduction in sentenced time in between two persons, one of whom is prison as a reward for good behavior, year. unmarried. felony murder rule. A rule that establishes normally one third to one half of the fraud. A false representation of a matter of maximum sentence. murder liability for a defendant if he or she fact which is intended to deceive another. kills another person during the commission Government Printing Office. The federal of certain felonies. fruit of the poisonous tree doctrine. agency in charge of printing, binding, and Under the due process clause of the selling of all government communications. fiduciary. A person or institution who Fourteenth Amendment, a rule of evidence manages money or property for another and Grand Jury. A jury of inquiry empanelled to prohibiting the admission against the receive complaints and accusations in who must exercise a standard care imposed defendant evidence of the direct result or by law, i.e., personal representative or criminal matters and if appropriate issue a immediate product of illegal conduct by an formal indictment. executor of an estate, a trustee, etc. official. 371 U.S. 471. Courts recognize an fighting words. Words spoken under exception in that prosecution may use such grantor -or- settlor. The person who sets circumstances and, in some jurisdictions, evidence to impeach the testimony of a up a trust. A free publication. For imprisoned people only, – page 44 – who can reproduce it without permission. ` August 2019 grievance. In labor law, a complaint filed by victimization experience such as pain, example, factually impossible to kill an employee regarding working conditions suffering, and decreased quality of life. someone who is already dead. seeking resolution by procedural machinery home confinement -or- house arrest. inadmissible. That which, under the rules provided in the union contract. An injury, Individuals ordered confined in their homes of evidence, cannot be admitted or received injustice, or wrong that gives ground for are sometimes monitored electronically to be as evidence. complaint. sure they do not leave during the hours of incapacitation. The use of imprisonment or gross negligence. Conscious disregard of confinement (absence from the home during other means to reduce the likelihood that an one’s duties, resulting in injury or damage to working hours is often permitted). offender will be capable of committing future another. hostile witness. A witness whose offenses. guardian. A person appointed by will or by testimony does not favor the party who calls incapacity. Lack of legal ability to act; law to assume responsibility for incompetent him or her as a witness. The direct disability, incompetence; lack of adequate adults or minor children. If a parent dies, the examination can include leading questions power. court usually names the other parent as the to a hostile witness and the party who calls guardian. If both die, the court will probably such a witness to the stand may cross- incarceration. Imprisonment in a jail or name a close relative. examine him or her. penitentiary. guardianship. Legal right given to a person hung jury. A jury whose members cannot incest. Unlawful sexual intercourse with a as responsible for the food, housing, health agree upon a verdict. relative through blood or marriage. care, and other necessities of a person I — I — I — I — I — I — I — I — I inchoate crime -or- anticipatory offense. deemed incapable of providing these An unfinished crime that generally leads to necessities for him or herself. ignorance of fact. Lack of knowledge of another crime. Also, crimes that consist of some fact relating to the subject matter at actions that are steps toward another guilty but mentally ill -or- GBMI. hand. Equivalent to a finding of “guilty,” a GBMI offense. verdict establishes that “the defendant, ignorance of the law. A lack of knowledge inciting a riot. The use of words or other although mentally ill, was sufficiently in of the law or of the existence of a law means intended and calculated to provoke a possession of his faculties to be morally relevant to a situation at hand. riot. blameworthy for his acts.” immigrants. Persons who come into a incompetent. One who lacks ability, legal H — H — H — H — H — H — H — H — H foreign country or region to live. qualification, or fitness to manage his own habeas corpus. The name of a writ having immigration. The entry of foreign persons affairs. for its object to bring a person before a court. into a country to live permanently. incompetent to stand trial. A finding by a See the Habeas Corpus section. Immigration and Naturalization Service court that, as a result of a mental illness, habitual offender. A person sentenced (INS). A federal agency which regulates defect or disability, a defendant is unable to under the provisions of a statute declaring immigration and naturalization of aliens. understand the nature and object of the that persons convicted of a given offense, immunity. Grant by the court, which proceeding against him or to assist in the and shown to have previously been assures someone will not face prosecution preparation of his own defense. convicted of another specified offense(s), in return for providing criminal evidence. inculpatory. Refers to evidence, shall receive a more severe penalty than impeachment. A criminal proceeding statements, or testimony which tends to that for the current offense alone. against a public official. incriminate a defendant of guilt or wrongdoing. Cf. exculpatory. harm -or- resulting harm. Loss, impeachment of a witness. An attack on disadvantage, or injury or anything so the credibility (believability) of a witness, indecent exposure. Public indecency. regarded by the person affected, including through evidence introduced for that Specifically, the willful exposure of the loss, disadvantage, or injury to any other purpose. private parts of one person to the sight of another person in a public place with the person in whose welfare he is interested. implied contract. A contract not created or harmless error. An error committed during intent to arouse or gratify sexual desires. evidenced by the explicit agreement of the Also, the commission, in a place accessible a trial that either the court corrected or not parties but one inferred by law; as the use of serious enough to affect the outcome of a to the public, of (1) an act of sexual electric power in your home implies a intercourse; (2) a lewd exposure of the trial and therefore not sufficiently harmful contract with the light company. (prejudicial) to prompt reversal on appeal. sexual organs; (3) a lewd appearance in a implicit. Implied or understood although not state of partial or complete nudity; or (4) a headnote. A brief summary of a legal rule directly expressed. For example, a lewd caress or indecent fondling of the body or significant facts in a case, which along concealed weapon statute with the wording of another person. with other headnotes, precedes the printed “...revolvers, derringers, and similar opinion in reports. independent executor. A special kind of firearms...” implicitly refers to semi-automatic executor, permitted by the laws of certain hearing. A formal proceeding (generally pistols. The implicit meaning of an states, who performs the duties of an less formal than a trial) with the purpose to expression comes from the material in executor without intervention by the court. hear definite issues of law or of fact. question through logic, implications, or Legislative and administrative agencies understandings. Parties and courts seek to indeterminate sentence. A model of extensively use hearings. scrutinize possible implicit renderings of an criminal punishment that builds upon the use expression. Scrutiny can focus on nouns, of general and relatively unspecific hearsay. Statements by a witness who did sentences (such as a term of imprisonment not see or hear the incident in question but verbs, adjectives, and all other parts of speech. Cf. explicit. of “from one to ten years”). A sentence of heard about it from someone else – “hear” imprisonment to a specified minimum and someone “say.” Courts admit hearsay as impossibility. A defense to a charge of maximum period of time, specifically evidence depending on several tenuous attempted criminal activity that claims either authorized by statute, subject to termination principles. that the defendant could not have factually by a parole board or other authorized hidden costs of crime. The intangible or legally committed the envisioned offense agency after the prisoner has served the impact of crime on victims, including such even if he or she had been able to carry minimum term. difficult to measure aspects of the through the attempt to do so. It is, for

A free publication. For imprisoned people only, – page 45 – who can reproduce it without permission. ` August 2019 indictment. A written accusation by a grand inquest. A judiciary inquiry. An inquiry interrogatories. A set or series of written jury charging a person with a crime. Cf. made by a coroner to determine the cause questions propounded to a party, witness, or information. of death in a sudden death, a death under other person having information or interest in indigent. Needy or impoverished. To a suspicious circumstances, a death in prison, a case; a discovery device. defendant who can demonstrate his or her or a killing. Generally, “a trial of an issue of Interstate Commerce Commission (ICC). indigence to the court, the court may appoint fact where the plaintiff alone introduces A federal agency which regulates all an attorney at public expense. testimony [and which] does not necessitate transportation in interstate commerce. a jury.” 6 How. Prac. 118, 119. indispensable evidence. Evidence intervention. An action by which a court necessary to prove a particular fact. insanity. An affirmative defense to a permits a third person, who may be affected criminal charge; a social and legal term by a lawsuit, to become a party to the suit. infancy -or- immaturity. A defense that (rather than a medical one) that refers to “a makes the claim that certain individuals condition which renders the affected person invasion of privacy. The wrongful intrusion should not be held criminally responsible for unfit to enjoy liberty of action because of the into a person’s private activities by another their activities by virtue of youth. unreliability of his behavior with concomitant or by the government. Tort law protects initial appearance. The defendant comes danger to himself and others.” Also, a finding one’s private affairs with which the public before a judge within hours of the arrest to by a court of law. has no concern against the unwarranted exploitation or publicity that would cause determine the presence of probable cause Insanity Defense Reform Act -or- IRDA. for his or her arrest. mental suffering or humiliation to the Part of the 1984 Crime Control and average person. The right to privacy may inference. A deduction from the facts given, Prevention Act, the IRDA mandated a exist to a lesser degree regarding the life of usually less than certain, but which a trier of comprehensive overhaul of the insanity a politician or another in whom the public fact may decide as sufficient to support a defense as it operated in the federal courts, has a rightful interest. Celebrities essentially finding of fact. “...a process of reasoning by making insanity an affirmative defense to be give up some or much of such rights of which a fact or proposition sought to be proved by the defendant by clear and theirs by making themselves public established ... is deducted as a logical convincing evidence, and creating a special personalities. The US Constitution’s due consequence from other facts, or a state of verdict of “not guilty by reason of insanity.” process clause protects some personal facts, already proved or admitted. ...It has insolvent. When the total debt of an entity decisions from unwarranted government also been defined as ‘a deduction of an is exceeds the value of all of its property. interference, such as: decisions related to ultimate fact from other proved facts., by marriage, procreation, family relationships, virtue of the common experience of man, will instruction to the jury -or- charge to the jury. Judge’s explanation to the jury before child rearing, and education. 431 U.S. 678. support but not compel such deductions.’ ” Cf. slander, libel. 186 A.2d 632, 633. Cf. presumption. Proof, it begins deliberations of the questions it qv. must answer and the applicable law involuntary bankruptcy. A proceeding governing the case. initiated by creditors requesting the information. Accusatory document, filed by intangible assets. Nonphysical items such bankruptcy court to place a debtor in the prosecutor, detailing the charges against liquidation. the defendant. An alternative to an as stock certificates, bonds, bank accounts, indictment, it serves to bring a defendant to and pension benefits that have value and involuntary intoxication. Unwillful trial. must be taken into account in estate intoxication. planning. information. A written accusation of a involuntary manslaughter. An crime signed by the prosecution charging a intangible property. Property that has no unintentional killing for which criminal liability person with the commission of a crime. An intrinsic value, but which represents is imposed, but which does not constitute alternative to an indictment as a means of something of value. Intangible personal murder. Also, the unintentional killing of a starting a criminal prosecution. An property may include documents, deeds, person during the commission of a lesser information serves to inform the defendant of records of ownership, promissory notes, unlawful act, or the killing of someone during the charges against him, and to inform the stock certificates, software and intellectual the commission of a lawful act, which court of the factual basis of the charge(s). property. nevertheless results in an unlawful death. Only states may use an information. intensive supervision. A form of probation Irresistible Impulse Test. A test for infraction -or- summary offense. A supervision involving frequent face-to-face insanity that evaluates defense claims that, violation of a state statute or local ordinance contacts between the probationary client and at the time the crime was committed, a punishable by a fine or other penalty, but not probation officers. mental disease or disorder prevented the by incarceration. Governments generally intentional action. Action undertaken defendant from controlling his or her consider minor traffic offenses as infractions. volitionally to achieve some goal. behavior in keeping with the requirements of the law. inherently dangerous. An act or course of intentional tort. A wrong perpetrated by behavior (usually a felony) which, by its very one who intends to break the law. issue. 1. The disputed point in a nature is likely to result in death or serious disagreement between parties in a lawsuit. interlocutory. Temporary; provisional; 2. To send out officially, as in to issue an bodily harm to either the person involved in interim; not final. the behavior, or to someone else. order. intermediate sanctions -or- alternative J — J — J — J — J — J — J — J — J inheritance tax. A state tax on property that sanctions. The use of split sentencing, an heir or beneficiary under a will receives shock probation and parole, home jailhouse lawyer. A prisoner who, through from a deceased person’s estate. The heir confinement, shock incarceration, and self-study of law, assists fellow inmates in or beneficiary pays this tax. community service in lieu of other, more the preparation of their appeals, but does not injunction. A prohibitive order or remedy traditional, sanctions such as imprisonment possess formal training and cannot practice issued by the court at the suit of the and fines. Intermediate sanctions are law. Indigent prisoners must often rely on complaining party, which forbids the becoming increasingly popular as prison jailhouse lawyers as their only assurance of defendant to do some act which he crowding grows. proper and sufficient access to the courts. Thus, the US Supreme Court has declared threatens or attempts to do. Conversely, it Internal Revenue Service (IRS). The may require him to perform an obligatory act the constitutional protection of such federal agency which administers the tax assistance. 393 U.S. 483. that he refuses to do. laws of the United States. A free publication. For imprisoned people only, – page 46 – who can reproduce it without permission. ` August 2019 Despite its seemingly uncultured and jurist. 1. One well-versed in law, especially keeping a place of prostitution. non-legalese appearance, courts look an eminent judge, attorney, or scholar. 2. A Knowingly granting or permits the use of upon and use “jailhouse lawyer” as a term used simply to refer to a judge. place for the purpose of prostitution. legitimate legal term. jury. A certain number of men and women key number system. A research aid joint and several liability. A legal doctrine selected according to law and sworn to try a developed by West Publishing Company that makes each of the parties responsible question of fact or indict a person for a public that classifies digests of cases into various for an injury as liable for all the damages offense. law topics and subtopics given paragraph awarded in a lawsuit if the other parties Jury Administrator. The court officer numbers, called “Key Numbers.” Each key responsible cannot pay. responsible for choosing the panel of number for a given topic helps the joint tenancy -or- survivorship. A form of persons to serve as potential jurors for a researcher quickly find all references to the legal co-ownership of property. At the death particular court term. legal matter being researched. Refer to the of one co-owner, the surviving co-owner “Key Number System” section in this legal jury nullification. The power of a jury to try primer. becomes sole owner of the property. the law as well as the facts before it. Thus, Tenancy by the entirety refers to a special a jury may nullify (void) the applicability of kidnapping. The unlawful and forcible form of joint tenancy between a husband the law to the facts where the jury believes removal of a person from his or her and wife. that the law should not apply, and so, residence or place of business. Also, an judge. A presiding officer of the court. produce a finding of “not guilty.” aggravated form of false imprisonment that is accompanied by either a moving or judgment. The official and authentic Courts have ruled that the government secreting of the victim. decision of a court of justice upon the rights does empower juries to nullify the law ( and claims of parties to an action or suit 255 Ga. 616, 340 S.E.2d 891, 914; knowing behavior. Action undertaken with submitted to the court for determination. Cf. 391 U.S. 510, 519 and n. 15 (1968)). awareness. summary judgment. However courts also consistently rule knowing possession. Possession with judgment debtor. One who owes money not to inform juries of this power, awareness (of what one possesses). as a result of a judgment in favor of a claiming that it would confuse jurors knowingly. Regarding criminal behavior, creditor. (519 A.2d 1361, 1371) or burden their a person acts knowingly when he has a psyche (473 F.2d 1113, 1136 (D.C. judgment proof. reasonable certainty that his behavior Cir. 1972)). Such rulings contradict the involves, or will cause, an element of a judicial lien. A lien obtained by judgment or fact that once a court empanels crime. other judicial process against a debtor. citizens as a jury, they become part of L — L — L — L — L — L — L — L — L judicial review. The authority of a court to government, and act on behalf of the review the official actions of other branches people. Thus, courts (judges)seemed lapsed gift. A gift made in a will to a person of government. Also, the authority to declare to have ruled not to inform a wholly who has died prior to the will-makers death. unconstitutional the actions of other legitimate arm of the government of its larceny. The trespassory taking and branches. full powers and responsibilities (362 carrying away (asportation) of the personal judiciary. The branch of government A.2d 706 (D.C. 1976) (en banc)). property of another with intent to steal. Also, invested with judicial power to interpret and just desserts. A model of criminal the wrongful taking of the personal property apply the law; the court system; the body of sentencing which holds that criminal of another, with intent to steal. Obtaining judges; then bench. offenders deserve the punishment they property by fraud or deceit. jural postulates. Rules that, according to receive at the hands of the state, and which lascivious. Obscene or lewd, or that which former Harvard Law School dean Roscoe suggests that punishments should be tends to cause lust Pound, reflect shared needs common to the appropriate to the type and severity of crime last act test. In the crime of attempt, a test members of society, and form the basis of all committed. which asks whether the accused had taken law in advanced societies. justiciable. Issues and claims capable of the last step or act towards commission of jurat. Certificate of person and officer proper examination in court. the offense, and had performed all that he before whom a signor swears to a writing. justifiable homicide. 1.Homicide that is intended to do and was able to do in an permitted under the law. 2. A killing justified attempt to commit the crime, but for some jurisdiction. The power or authority of a reason the crime was not completed. court to hear and try a case; the geographic for the good of society. 3. The killing of area in which a court has power or the types another in self-defense when danger of law. The collection of rules and principles of of cases it has power to hear. death or serious bodily harm exists. 4. The conduct promulgated by the legislature, the killing of a person according to one’s duties courts, or by local custom, which should jurisdiction. The power to hear and or out of necessity, but without blame. guide one’s actions in society. Our laws determine a case, with reference to justifications. A category of legal defenses derive from a combination of moral laws, particular subjects and to parties of particular laws of nature, and human experience, all of categories. Valid exercise of jurisdiction in which the defendant admits committing the act in question, but claims it was which have evolved by human intellect requires fair notice to, and an opportunity for, throughout human history. Laws, by its the affected parties to present their issues to necessary in order to avoid some greater evil. definition, must change – and criminal laws the court. Courts exercise “subject matter change as criminality changes or as the jurisdiction” and “personal jurisdiction.” Cf. juvenile offender. A child who violates the criminal law, or who commits a status people’s view of criminality changes. 123 subject matter jurisdiction, personal N.W. 504,508. Cf. adjective law, case law, jurisdiction. offense. Also, a person subject to juvenile court proceedings because a statutorily common law, session law, statute, jurisprudence. 1. The study of the substantive law, uniform law. structure of legal systems – different from defined event caused by the person was alleged to have occurred while his or her Law Blank. A printed legal form available the study of its content. 2. The overall for preparing documents. course of judicial decisions (case law) – age was below the statutorily specified age different from legislation. 3. sometimes limit of original jurisdiction of a juvenile court. Law Clerk. In the United States, usually a used by a writer to simply mean “law.” K — K — K — K — K — K — K — K — K law school student employed by a law firm to do research and other tasks. In the courts, a

A free publication. For imprisoned people only, – page 47 – who can reproduce it without permission. ` August 2019 lawyer (or law school student) employed to limited jurisdiction. Refers to courts that Martindale-Hubbell Law Directory. A do legal research. are limited in the types of criminal and civil publication of several volumes which lawsuit. An action or proceeding in a civil cases they may hear. For example, a limited contains names, addresses, specialties, and court; term used for a suit or action between jurisdiction court generally hears traffic rating of United States lawyers; also includes two private parties in a court of law. violations. digests of state and foreign statutory law. leading question. A question that suggests limited jurisdiction -or- special mayhem. Intentional infliction of injury on the answer desired of the witness. A party jurisdiction. Certain courts limited by another that causes the removal of, generally may not ask one’s own witness statutes to have subject matter jurisdiction seriously disfigures, or impairs the function leading questions. A party may ask leading only over certain or special types of cases. of a member or organ of the body. questions only of hostile witnesses and on Examples: small claims court, probate court. mediation. A form of alternative dispute cross-examination. litigant. A party to a lawsuit. resolution in which the parties bring their legal aid. Professional legal services litigation. A lawsuit; a legal action, including dispute to a neutral third party, who helps available usually to persons or organizations all proceedings therein. them agree on a settlement. unable to afford such services. living trust. A trust set up and in effect memorandum. An informal note or legal cause. A legally-recognizable cause. during the lifetime of the grantor. (Also called instrument embodying something the parties The type of cause that is required to be inter vivos trust.) desire to have in written evidence. demonstrated in court in order to hold an loitering. The act of delaying, lingering, or memorialized. In writing. individual criminally liable for causing harm. to be idle about without lawful business for menacing. Assault, qv. legal consent. Cf. effective consent. being present. mere possession. Possession in which legal process. A formal, legally valid paper. loose-leaf services. Loose-leaf one may or may not be aware of what he or Something the court issues, usually a replacement pages provided by a publisher she possesses. command such as a writ or mandate. in areas of the law where changes occur at a mere preparation. An act or omission that legal texts. Books that cover specific areas rapid rate. may be part of a series of acts or omissions of the law, usually dealing with a single topic. looting. Burglary committed within an constituting a course of conduct planned to legislation. The act of giving or enacting affected geographical area during an culminate in the commission of a crime, but laws. The power to make laws via officially declared state of emergency, or which fails to meet the requirements for a legislation in contrast to court-made laws. during a local emergency resulting from an substantial step. Also, preparatory actions earthquake, fire, flood, riot, or other natural or steps taken toward the completion of a legislation. Laws regarding rules of or manmade disaster. crime that are remote from the actual conduct created and promulgated by the commission of the crime. elected legislative agents of the people and lynching. The taking, by means of riot, any subject to the limitation of the constitution. person from the lawful custody of any peace merger. The absorption of one thing or right Cf. constitution, case law. officer. into another. legislature. Agents elected by the people M — M — M — M — M — M — M — M minor. A person under the age of legal and representing the people in their creation magistrate. Judicial officer exercising some competence. and promulgation of laws. of the functions of a judge. It also refers in a minority. More than the common meaning legislative intent. The reasons why a general way to a judge. Cf. United States regarding number, race, ethnicity, religion, legislature creates a statute, often Magistrate Judge. handicap, or gender. In regards the documented, and, thus, available to the malfeasance. The commission of an constitutional guarantee of equal protection, courts for review in order to understand the unlawful act. it refers to an identifiable and specifically “spirit” behind the words of the law. Cf. misfeasance. disadvantaged group, and includes criminal defendants both prior to and following legitimate. Legal, lawful, or recognized by malice. A legal term that refers to the conviction. 343 F. Supp 704, 730. law or according to law. intentional doing of a wrongful act without just cause or legal excuse. In cases of minute book. A book maintained by the leniency. Recommendation for a sentence courtroom deputy (bailiff), which contains less than the maximum allowed. homicide the term means “an intention to kill.” minute entries of all hearings and trial Letters of Administration. Legal conducted by the judge. document issued by a court that shows an malice aforethought. An unjustifiable, inexcusable and unmitigated person- minutes. Memorandum of a transaction or administrator’s legal right to take control of proceeding. assets in the deceased person’s name. endangering state-of-mind. malicious prosecution. An action Miranda warning -or- Miranda Rule. Letters Testamentary. Legal document Requirement that police tell a suspect in issued by a court that shows an executor’s instituted with intention of injuring the defendant and without probable cause, and their custody of his or her constitutional legal right to take control of assets in the rights before they question him or her. So deceased person’s name. which terminates in favor of the person prosecuted. named as a result of the Miranda v. Arizona liable. Legally responsible. ruling by the United States Supreme Court. malpractice. Any professional misconduct. libel. Published defamation which tends to 384 U.S. 436, 444, 478 479, 86 S.Ct. 1602, injure a person’s reputation. Cf. slander, manslaughter. The unlawful killing of 1630, 16 L.E.2d 694. invasion of privacy. another without malice aforethought (prior misadventure. An accident. Mischance. intent to kill); either voluntary (upon a licensing boards. State agencies created sudden impulse); or involuntary (during the misconduct in office. Acts which a public to regulate the issuance of licenses, where commission of an unlawful act not ordinarily office holder: 1. has no right to perform, 2. they issue to contractors, barbers, expected to result in great bodily harm). Cf. performs improperly, or 3. fails to perform in cosmetologists, realtors, etc. murder. the face of an affirmative duty to act. lien. An encumbrance or legal burden upon marshal. The executive federal or misdemeanor. A minor crime; an offense property. municipal officer who carries out the orders punishable by incarceration, usually in a limine. Cf. in limine in Latin Words & of such federal or municipal court, local confinement facility, for a period of Phrases. respectively. which the upper limit is prescribed by statute A free publication. For imprisoned people only, – page 48 – who can reproduce it without permission. ` August 2019 in a given jurisdiction, typically limited to a reasonable doubts that a contrary or remedies unfair labor practices by year or less. opposite conclusion can exist based on any employers and labor organizations misfeasance. Improper performance of an reasons.” 104 N.W.2d 379, 382. A juror natural law. Rules of conduct inherent in act which a person might lawfully do. Cf. settles into a morally certain mentality human nature and in the natural order, malfeasance. regarding a truth of a fact a party seeks to which are thought to be knowable through prove when the juror would act in reliance intuition, inspiration, and the exercise of misprision of felony. The failure to report a upon its truth in matters of the greatest known crime; concealment of a crime. reason, without the need for reference to importance to himself. This term sometimes man-made laws. Law that so positively misprision of treason. The concealment finds use as the criminal law standard of agrees with the nature and state of man that, or nondisclosure of the known treason of proof, but also may indicate an even higher without observing its maxims, the peace and another. standard. Proof, qv. happiness of society can never prevail. mistake of fact. Misinterpretation, morals. Ethical principles, or principles Society and jurisprudence come to misunderstanding, or forgetfulness of a fact meant to guide human conduct and recognize these laws merely by light of relating to the subject matter at hand; belief behavior; principles or standards of right and reason, from the facts of these laws’ in the existence of a thing or condition that wrong. essential agreeableness with human nature. does not exist. morals offenses. A category of unlawful Natural laws remain valid regardless of their mistake of law. A misunderstanding or behavior originally created to protect the enactment as positive law, although in misinterpretation of the law relevant to a family and related social institutions. certain instances, courts cannot enforce a situation at hand. Included are crimes such as lewdness, natural law. 11 Ark. 519, 527. Positive law, mistrial. An invalid trial, caused by indecency, sodomy, and other sex-related qv. fundamental error. When a court declares a offenses such as seduction, fornication, naturalization. Process by which a person mistrial, the trial must start again from the adultery, bigamy, pornography, obscenity, acquires nationality after birth and becomes selection of the jury. cohabitation, and prostitution. entitled to privileges of citizenship. mitigating circumstances. Circumstances moot. Regarding a moot case or a moot negligence. Failure to use care which a that do not constitute a justification or point: one not subject to a judicial reasonable and prudent person would use excuse for an offense but which a court may determination because it involves an under similar circumstances. consider as reasons for reducing the degree abstract question or a pretended controversy negotiation. The process of submission of blame. that has not yet actually arisen or has and consideration of offers until one party mitigating factors. Circumstances already passed. Mootness usually refers to a makes an acceptable offer and the other surrounding the commission of a crime court’s refusal to consider a case because accepts it. the issue involved has been resolved prior to which do not in law justify or excuse the act, necessity. A defense to a criminal charge but which in fairness may be considered as the court’s decision, leaving nothing that would be affected by the court’s decision. that claims that it was necessary to commit reducing the blameworthiness of the some unlawful act in order to prevent or to defendant. Also, those elements of an mores. Unwritten but generally known rules avoid a greater harm. offense or of an offender’s background that that govern serious violations of the social code. negligent homicide. The killing of a human could result in a lesser sentence under the being by criminal negligence, or by the determinate sentencing model than would motion. An application made to a court or failure to exercise reasonable, prudent care. otherwise be called for by sentencing judge which requests a ruling or order in Also, a criminal offense committed by one guidelines. favor of the applicant. whose negligence is the direct and mittimus. The name of an order in writing, motion in limine. A motion made by proximate cause of another’s death. issuing from a court and directing the sheriff counsel requesting that the court disallow next friend. One acting without formal or other officer to convey a person to a the hearing in a case of possibly prejudicial appointment as guardian for the benefit of prison, asylum, or reformatory, and directing information. an infant, a person of unsound mind not the jailer or other appropriate official to motive. A person’s reason for committing a judicially declared incompetent, or other receive and safely keep the person until his crime. person under some disability. or her fate shall be determined by due course of law. murder. The unlawful killing of a human No Bill. This phrase, endorsed by a grand being with deliberate intent to kill: (1) jury on the written indictment submitted to it mitigation. A reduction, abatement, or premeditation characterizes murder in the for its approval, means that the grand jury diminution of a penalty or punishment first degree; (2) a sudden and instantaneous found the evidence as insufficient to indict. imposed by law. intent to kill or to cause injury without caring No-contest Clause. Language in a will that mixed sentence. One which requires that a whether the injury kills or not characterizes provides that the testator automatically convicted offender serve weekends (or other murder in the second degree. According to disinherits any person who makes a legal specified periods of time) in a confinement the common law, the killing of one human challenge to the will’s validity. facility (usually a jail), while undergoing being by another with malice aforethought. probation supervision in the community. Cf. criminal homicide. No-fault Proceedings. A civil case in which parties may resolve their dispute without a Model Penal Code. A model code of mutual assent. A meeting of the minds; formal finding of error or fault. criminal laws intended to standardize agreement. Noise Control Act. A act which gives general provisions of criminal liability, N — N — N — N — N — N — N — N — N sentencing, defenses, and the definitions of government agencies the right to specific crimes between and among the National Crime Victimization Survey -or- promulgate standards and regulations states. The Model Penal Code was NCVS. A survey that is conducted annually relating to abatement of noise emissions, developed by the American Law Institute. by the Bureau of Justice Statistics (BJS), i.e., requirement that autos and like vehicles and which provides data on surveyed must have mufflers. moral certainty. At least “reasonable households that report they were affected by nonfeasance. Nonperformance of an act certainty” or “certainty beyond a reasonable crime. doubt” but less than an absolute certainty. which a person or another should perform. “A reasonable certitude or conviction based National Labor Relations Board. (NLRB). Omission to perform a required duty or total on convincing reasons and excluding all A federal agency which prevents and neglect of duty. A free publication. For imprisoned people only, – page 49 – who can reproduce it without permission. ` August 2019 nonjury trial. Trial before the court but courts in advance sheets and bound restores rights and privileges forfeited on without a jury. volumes as provided by statutory authority. account of the offense. norms. Unwritten rules that underlie and omission to act. An intentional or parol evidence. Oral or verbal evidence; are inherent in the fabric of society. unintentional failure to act which may evidence given by word of mouth in court. Notary Public. A public officer with duties impose criminal liability if a duty to act under parole. Supervised release of a prisoner to administer oaths, to attest and certify the circumstances is specified by law. from imprisonment on certain prescribed documents, and to take acknowledgments. on a person’s own recognizance. conditions that entitle him to termination of not guilty by reason of insanity -or- NGRI. Release of a person from custody without his sentence. One of a number of possible verdicts in a the payment of any bail or posting of bond, Part I Offenses. That group of offenses, criminal trial where the defense of insanity is upon the promise to return to court. also called major offenses or index offenses, raised. Other possible verdicts include opening statement. The initial statement for which the Uniform Crime Reports (UCR) “guilty” and “not guilty.” made by attorneys for each side, outlining publishes counts of reported instances, and notice. Formal notification to the party that the facts each intends to establish during the which consists of murder, rape, robbery, sued in a civil case of the fact that the trial. aggravated assault, burglary, larceny, auto lawsuit has been filed. Also, any form of opinion. A judge’s written explanation of a theft, and arson. notification of a legal proceeding. decision of the court or of a majority of Part II Offenses. A group of 19 “lesser notice to creditors. A notice given by the judges. A dissenting opinion disagrees with crimes” including forgery, fraud, bankruptcy court to all creditors of a meeting the majority opinion because of the embezzlement, vandalism, prostitution, drug of creditors. reasoning and/or the principles of law on abuse violations, etc., which are reported in which the court (the majority) based its the FBI’s Uniform Crime Reports (UCR). NOVA. National Organization for Victims’ decision. A concurring opinion agrees with Part II Offenses are counted only in terms of Assistance. the decision of the court but offers further arrests (rather than as reported crimes). nuncupative will. An oral (unwritten) will. comment. (A per curiam opinion is an parties to crime. All persons who take part NVC. National Victims’ Center. unsigned opinion “of the court.”) in the commission of a crime, including O — O — O — O — O — O — O — O — O oral argument. Presentation of a case those who aid and abet, and who are oath. A solemn pledge made under a sense before a court by spoken argument; usually therefore criminally liable for the offense. of responsibility in attestation of the truth of a with respect to a presentation of a case to an party. A person, business, or government statement or in verification of a statement appellate court which might set a time limit agency actively involved in the prosecution made. for oral argument. or defense of a legal proceeding. objection. The process by which one party order. A mandate, command, or direction patent. A grant to an inventor of the right to takes exception to some statement or authoritatively given. Direction of a court or exclude others for a limited time from make, procedure. A judge either sustains (allows) judge made in writing. using, or selling his invention in the United or overrules (denies) an objection. ordinance. A rule established by authority; States. obscenity. That which appeals to the possibly a municipal statute of a city council, Patent and Trademark Office. The federal prurient interest and lacks serious literary, regulating such matters as zoning, building, agency which examines and issues patents artistic, political or scientific value. safety, matters of municipality, etc. and registers trademarks. Occupational Safety and Health Act ordinary negligence. The want of ordinary penal code. The body of laws pertaining to (OSHA). A federal law designed to develop care, or negligence that could have been crimes and offenses and the penalties for and promote occupational safety and health avoided if one had exercised ordinary, their commission. reasonable, or proper care. standards. Pennsylvania style. A form of Occupational Safety and Health Review outrageous government conduct. A kind imprisonment developed by the Quakers in Commission. The agency established by of entrapment defense based upon an Pennsylvania about 1795 and used until OSHA to adjudicate enforcement actions objective criterion involving “the belief that about 1820. Prisons had cells lining the under the Act. the methods employed on behalf of the outer walls and containing windows. The Government to bring about conviction religious Quakers devised this style to offer of proof. To offer evidence for cannot be countenanced.” acceptance at trial. The appropriate involve great amounts of solitary jurisdiction’s rules of evidence governs such OVC. Office for Victims of Crime, confinement (thus the windows in the cells) an offer of evidence. For example, if a party established under the 1984 Victims of Crime for religious study. They expected prisoners offers evidence through the testimony of a Act (VOCA). to show penitence (repentance) – thus the witness, opposing party make object to overrule. A judge’s decision not to allow an word “penitentiary.” It competed with the certain of the questions asked by counsel. objection. Also, a decision by a higher court Auburn style. Should the court inquire as to the propriety finding that a lower court decision was in peremptory challenge. Request by a party of the questioning, counsel would then error. that a judge not allow a certain prospective ordinarily offer to the court, or “proffer,” the P — P — P — P — P — P — P — P — P juror as a member of the jury, qv. No reason relevance of the question. In such an or cause need be stated. Cf. challenge for pandering. Soliciting a person to perform cause. instance, the questioning party would not an act of prostitution. ordinarily offer of proof within earshot of the perfect self-defense. A claim of self- jury, if present. If the court sustains (allows) paperbound supplement. A temporary defense that meets all of the generally the objection, the appellate court will assume supplement to a book or books. accepted legal conditions for such a claim to that the party could have established proffer paralegal. Also, legal assistant. A person be valid. Where deadly force is used, perfect for the purposes of reviewing the trial court’s with legal skills who works under the self-defense requires that, in light of the ruling. McCormick, Evidence §72 (2d ed. supervision of a lawyer able to perform most circumstances, the defendant reasonably 1972). Proof, qv. functions of an attorney except represent a believed it to be necessary to kill the official reports. The publication of client in court. decedent to avert imminent death or great cumulated court decisions of state or federal pardon. An act of grace from governing bodily harm, and the defendant was not the power that mitigates punishment and A free publication. For imprisoned people only, – page 50 – who can reproduce it without permission. ` August 2019 initial aggressor nor was responsible for physical proximity test. A test traditionally individually whether they agree with the provoking the fatal confrontation. used under common law to determine verdict. periodical. A publication which appears whether a person was guilty of attempted pornography. The depiction of sexual regularly but less often than daily. criminal activity. The physical proximity test behavior in such a way as to excite the requires that the accused has it within his or viewer sexually. perjury. The willful giving of false testimony her power to complete the crime almost under oath in a judicial proceeding. Also, immediately. post-crime victimization -or- secondary false testimony given under any lawfully victimization. Problems that follow from administered oath. pimping. Aiding, abetting, counseling, or initial victimization, such as the loss of commanding another in the commission of permanent injunction. A court order employment, medical bills, the insensitivity of prostitution, or the act of procuring a family members, and others, etc. requiring that some action be taken, or that prostitute for another. some party refrain from taking action. It post-trial. Refers to items happening after differs from forms of temporary relief, such plaintiff. A person who brings an action; the the trial, such as post-trial motions or post- as a temporary restraining order or party who complains or sues in a civil action. trial discovery. Cf. complainant. preliminary injunction. pour-over will. A will that leaves some or per se doctrine. Under this doctrine, courts plea. The first pleading by a criminal all estate assets to a trust established before can declare an activity such as price fixing defendant, the defendant’s declaration in the will-maker’s death. open court of guilty or not guilty. The as a violation of the antitrust laws without power. Authority to do. One has the power necessity of a court inquiring into the defendant’s answer to the charges made in the indictment or information. to do something if he has attained legal age. reasonableness of the activity. Also, used as “powers,” the term refers to person in need of supervision. Juvenile plea agreement -or- plea negotiation -or- authority granted by one person to another, found to have committed a “status offense” plea negotiating (verb) -or- negotiating a such as powers given an executor in a will or rather than a crime that would provide a plea (verb) –BUT NEVER– “plea an agent in a power of attorney. bargaining.” Process where the accused basis for a finding of delinquency. Cf. status power of attorney. A formal instrument offense. and the prosecutor in a criminal case agree to a disposition of the case. The accused authorizing another to act as one’s agent or personal crime. Also called violent crime, usually agrees to plead guilty to a lesser attorney. is a crime committed against a person, offense or to some counts of a multi-count precedent. A previously decided case including (according to the FBI’s UCR indictment in return for concessions as to the which courts recognize as authority in program) murder, rape, aggravated assault, type and length of the sentence. A judge disposing of future cases. At common law, and robbery. then either accepts or rejects the plea and courts regarded precedents as the major personal property. Anything of value that a the terms of the agreement. A judge who source of law. A precedent may involve a person owns other than real estate or accepts the guilty plea must then adhere to novel question of common law or it may fixtures. the terms of the agreement. 404 U.S. 257, involve an interpretation of a statute. In personal jurisdiction -or- in personam 260-261. ABA Minimum Standards for either situation, to the extent that future jurisdiction. The court’s power over the Criminal Justice —Standards Relating to cases rely upon it or distinguish it from parties involved in a particular matter. The Pleas of Guilty (1968). themselves without disapproving it, the court can exercise personal jurisdiction over Criminal defendants should NOT refer cases will serve as a precedent for future the defendant as a result of the defendant’s to this as a “plea bargain.” The word cases under the doctrine of stare decisis. physical presence within the state or where “bargain” implies that: Laws established by previous cases which courts must follow in cases involving a defendant’s activity meets the “minimum 1. the defendant did not pay the contacts” test: “In order to subject a identical circumstances. Cf. stare decisis in full and intended penalty for his Latin Words & Phrases. defendant to a judgment in personam, if he actions, is not present within the territory of the precedential value. The value of a case forum, he [must] have certain minimum 2. the defendant used some regarding its use as an authority under the contacts with it such that the maintenance of trickery (criminal trickery, of doctrine of stare decisis. Precedent, stare the suit does not offend ‘traditional notions of course) to obtain the “bargain,” decisis, qv. fair play and substantial justice’.” 326 U.S. 3. the inability of the prosecution precursor chemicals. Chemicals that may 310, 316. to otherwise prosecute the be used in the manufacture of a controlled personal recognizance. In criminal defendant to the proper and fullest substance. extent, or proceedings, the pretrial release of a pre-injunction. Court order requiring action defendant without bail upon his or her 4. all of the above. or forbidding action until it decides whether promise to return to court. Cf. recognizance. In any event, the phrase “plea bargain” to issue a permanent injunction. It differs personal representative. The person who suggests more actual guilt than the from a temporary restraining order. administers an estate. If named in a will, the legal guilt (the plea and the conviction) preliminary hearing. Also, preliminary title “executor” refers to that person. Without would indicate. examination. A hearing by a judge to a valid will, the title “administrator” refers to pleadings. The written statements of fact determine whether the government should that person. and law filed by the parties to a lawsuit. hold for trial a person charged with a crime. personal trespass by computer. An plurality requirement. The logical and Cf. arraignment. offense in which a person uses a computer legal requirement that a conspiracy involve premeditated murder. Murder that was or computer network without authority and two or more parties. planned in advance (however briefly) and with the intent to cause physical injury to an willfully carried out. individual. pocket parts. Supplements to law books in pamphlet form inserted into a pocket inside premeditation. The act of deliberating or petitioner. The person filing an action in a the back cover of the books in order to keep meditating upon, or planning, a course of court of original jurisdiction. Also, the person the book current. action (i.e., a crime). For purposes of the who appeals the judgment of a lower court. criminal law, premeditation requires the Cf. respondent. polling the jury. The act, after a jury verdict has been announced, of asking jurors opportunity for reflection between the time

A free publication. For imprisoned people only, – page 51 – who can reproduce it without permission. ` August 2019 the intent to act is formed and the act is principle of legality. An axiom which holds promoting prostitution. The statutory committed. that behavior cannot be criminal if no law offense of: 1. owning, controlling, managing, preponderance of the evidence. The exists which defines it as such. supervising, or otherwise keeping a house of general standard of evidence in civil cases – private law. That law, such as a contract prostitution; 2. procuring a person for a the greater weight of the evidence (more 50 between two persons or a real estate house of prostitution; 3. encouraging, percent). More probable than not. transaction, which applies only to the inducing, or otherwise purposely causing “Evidence preponderates where it is more persons who subject themselves to it. another to become or remain a prostitute; 4. convincing to the trier [of fact] than the soliciting a person to patronize a prostitute; privilege. A particular or peculiar benefit 5. procuring a prostitute for another; or 6. opposing evidence.” McCormick, Evidence enjoyed by a person, company, or class 793 (2d ed. 1972). Proof, qv. transporting a person with the purpose of beyond the common advantages of other promoting that person’s involvement in present ability. As used in assault statutes, citizens; an exceptional or extraordinary prostitution. a term meaning that the person attempting exemption; an immunity held beyond the assault is physically capable of immediately course of the law. 55 S.E. 820, 823. Types proof. The evidence that tends to establish carrying it out. of privileges: Privileged communications the existence or validity of a fact in issue. The persuasion of a trier of fact by the pre-sentence report. A report to the (husband-wife, lawyer-client, doctor-patient, journalist-source, priest-penitent); Executive production of evidence of the truth of the fact sentencing judge containing background alleged. Cf. burden of proof, clear and information about the crime and the privilege (presidential communications); and Journalist’s privilege (known information). convincing, degree of proof, inference, moral defendant to assist the judge in making his certainty, offer of proof, preponderance of or her sentencing decision. prize fighting. Unlawful public fighting evidence, presumption, reasonable doubt, presentment. Declaration or document undertaken for the purpose of winning an standard of proof. award or a prize. issued by a grand jury that either makes a property crime. Crime committed against neutral report or notes misdeeds by officials probable cause. A reasonable belief that a property, including (according to the FBI’s charged with specified public duties. It person has committed or presently commits UCR program) burglary, larceny, auto theft, ordinarily does not include a formal charge a crime; the basis for all lawful searches, and arson. of crime. A presentment differs from an seizures, and arrests. indictment. property tax. A tax levied on land and probate. Proceedings in states courts by buildings (real estate) and on personal presumption. A rule of law which requires which a court proves a will is valid or invalid. property. the assumption of a fact from another fact or Term used to mean all proceedings set of facts. The term “presumption” pertaining to the administration of estates proportionality. A sentencing principle indicates that the law accords certain weight such as the process to gather assets; to which holds that the severity of sanctions to a given evidentiary fact, requiring the apply assets to pay debts, taxes, and should bear a direct relationship to the production of further evidence to overcome expenses of administration; and to distribute seriousness of the crime committed. the assumption thereby established. It thus assets to those designated as beneficiaries proprietor. Owner. Person who has legal constitutes a rule of evidence that has the in the will. right or title to anything. effect of shifting either the burden of proof or probate court. The state court with prosecutor. A trial lawyer representing the the burden of producing evidence. Proof, authority to supervise estate administration. government in a criminal case and the qv. probate estate. Estate property that a interests of the state in civil matters. In pretermitted child. A child born after the person may dispose of by using a will. Cf. criminal cases, the prosecutor has the execution of a will which, thus, contains no estate. responsibility of deciding who, when, and provisions for that child. Most states have how to prosecute. probation. A sentence of imprisonment that laws that authorize that a share of estate prosecutorial duty to disclose -or- Brady property to go to such a child. is suspended. Also, the conditional freedom granted by a judicial officer to an adjudicated Rule. Due process in the for of the pretrial conference. Conference among or adjudged adult or juvenile offender, as prosecutor’s duty to treat the defendant fairly the opposing attorneys and the judge called long as the person meets certain conditions by disclosing exculpatory information. at the discretion of the court to narrow the of behavior. An alternative to imprisonment 373 U.S. 83, 83 S.Ct. 1194 (1963) issues for trial and to make a final effort to allowing a person found guilty of an offense prostitution. The offering or receiving of settle the case without a trial. to stay in the community, usually under the body for sexual intercourse for hire [as prima facie case. A case sufficient on its conditions and under the supervision of a well as] the offering or receiving of the body face supported by the minimum amount of probation officer. A violation of probation can for indiscriminate sexual intercourse without evidence necessary to allow it to continue in lead to its revocation and to imprisonment. hire. Some states limit the crime of the judicial process, and free from palpable probative value. The worth of any prostitution to sexual intercourse for hire. defects. 105 N.E.2d 454, 458. A case that evidence to prove or disprove the facts at proximate cause. 1. The primary or appears capable of prevailing in the absence issue. moving cause that plays a substantial part in of contradictory evidence. 185 N.E.2d 115, bringing about injury or damage. It may be a 124. Sufficient to prevail over a directed product liability. Legal responsibility of manufacturers and sellers to buyers, users, first cause that sets in motion a string of verdict or a motion to dismiss. Cf. prima events whose ultimate outcome is facie in the Latin Words & Phrases. and bystanders for damages or injuries suffered because of defects in goods. reasonably foreseeable. 2. The last primary authority. Constitutions, codes, negligent act that contributes to an injury. A statutes, ordinances, and case law sources. promisee. An individual to whom a court generally judges a person as liable promisor makes a promise. principal in the first degree. A person only if it determines his or her action, or by whose acts directly result in the criminal promisor. An individual who makes a his or her failure to act when he or she had a misconduct in question. promise. duty to act, as the last negligent act which contributed to an injury. principal in the second degree. Any promissory estoppel. A promise which person who was present at the crime scene estops the promisee from asserting or taking proxy. The instrument authorizing one and who aided, abetted, counseled, or certain action. person to represent, act, and vote for encouraged the principal. another at a shareholders’ meeting of a corporation. A free publication. For imprisoned people only, – page 52 – who can reproduce it without permission. ` August 2019 prurient interest. A morbid interest in sex; significance, if any, of the touching. Courts real property. Land, buildings, fixtures, and an obsession with lascivious and immoral often experience difficulties in separating whatever attached or affixed to the land. matters. facts and law. The manner in which a party Generally synonymous with the words “real psycholegal error. The mistaken belief that characterizes an issue can trigger many estate.” if we identify a cause for conduct, including different legal consequences. Courts reasonable doubt. A jury is required to mental or physical disorders, then the employ different standards of review for acquit an accused person if, in the minds of conduct is necessarily excused. findings of fact and findings of law. More at the jury, the prosecution has not proven his question of law. Cf. question of law. public law. That law such as traffic or her guilt beyond a “reasonable doubt.” ordinances or zoning ordinances which question of law. Disputed legal That state of minds of jurors in which they applies to the public, as compared to contentions, usually as regards the legal cannot say they feel an “abiding conviction” corporate law, probate law, and so on. significance of an occurrence, traditionally as to the truth of the charge. The term does left for the judge to decide. An appellate not signify a mere skeptical condition of the public defender. Government lawyer who court pays less deference to the resolution of mind. Nor does it require proof so clear as provides free legal defense services to a a question of law than to a determination of to eliminate any possibility of error since poor person accused of a crime. a question of fact. Keep in mind that courts under such a rule no criminal prosecution public drunkenness. The offense of being often experience difficulty in trying to would prevail. Judges use this phrase in in a state of intoxication in a place objectively determine the fine lines between their instructions to the jury in a criminal case accessible to the public. fact and law. In such instances, the court to indicate that the jury must presume public order offense. An act that is willfully may issue a compound conclusion of both innocence unless the prosecution has so and unlawfully committed and which disturbs fact and law. More at question of fact. Cf. proved guilt that the jury can see no public peace or tranquility. Included are question of fact. “reasonable doubt” remains as to the guilt of offenses such as fighting, breach of peace, quorum. The number of members of any the person charged. An actual and disorderly conduct, vagrancy, loitering, body who must act in order for that body to substantial doubt arising from the evidence, unlawful assembly, public intoxication, transact business. 179 P.2d 870, 873. from the facts or circumstances shown by obstructing public passage, and (illegally) While a quorum usually requires a majority, the evidence, or from the lack of evidence. carrying weapons. the body can alter this general principle to Also, that state of the case which, after the Public Service Commission -or- Public require or permit more or less than a entire comparison and consideration of all Utilities Commission. A state agency majority. the evidence, leaves the minds of the jurors which regulates utilities. in such a condition that they cannot say they R — R — R — R — R — R — R — R — R feel an abiding conviction of the truth of the punitive damages. Monetary award given rape. Unlawful sexual intercourse with a charge. to punish the defendant or wrongdoer. female person without her consent. 18 25 F. 556, 558; 367 F. Supp 91, 101. Proof, purchase agreement -or- purchase offer - U.S.C. §2031. The prosecution must prove qv. or- sales agreement -or- earnest money penetration, however slight; otherwise, the reasonable doubt standard. That contract. Agreement between buyer and prosecution can only attempt to establish standard of proof necessary for conviction in seller of property which sets forth in general attempted rape. Perkins & Boyce, Criminal criminal trials. the price and terms of a proposed sale. Law 201 (3rd ed. 1982). Many states Cf. reasonable doubt. putative. Alleged; supposed; reputed. formerly required corroboration other than the victim’s testimony of material elements reasonable force. A degree of force that is Q — Q — Q — Q — Q — Q — Q — Q — Q such as force, penetration, and identity. appropriate in a given situation and is not quash. To vacate or void a summons, However, modern trends in jurisprudence excessive. The minimum degree of force subpoena, etc. tend to abandon all such requirements. necessary to protect oneself, ones’ property, Most states have also abandoned the a third party, or the property of another in the quasi-contract. An obligation created by face of a substantial threat. the law in the absence of an agreement or doctrine of establishing “utmost resistance” contract, not based upon the intentions or by the woman, especially where the reasonable person -or- reasonable and expressions of the parties. prosecution proves that the rapist puts the prudent person. A phrase used to denote woman in fear of personal violence who then a hypothetical person who exercises quasi-criminal action. A classification of submits to avoid serious bodily injury. qualities of attention, knowledge; actions such as violation of a city ordinance At common law, a man, unless intelligence, and judgment that society not a violation of a criminal statute, yet requires of its members for the protection of considered wrongs against the public separated, courts would not rule that a man had “raped” his wife, even if he their own interest and the interests of others. punishable through fines – not usually Restatement of Torts 2d, §283(b). Thus, the indictable offenses. did so by force and against her will. However, many states have tended court finds negligence based either on a quiet title action. A court proceeding to toward abandoning a husband’s failure to do something that a reasonable remove a cloud on the title to real property. absolute right to sexual intercourse. person, guided by considerations that quitclaim deed. A deed without warranty of The recommended final draft of Model ordinarily regulate conduct, would do, or on title that passes whatever title the grantor Penal Code §213.11 had incorporated the doing of something that a reasonable has to another. the “male only perpetrator” and the and prudent (wise) person would not do. 43 positive law. Existing law created by legally “marital-exemption;” however, many S.W. 508, 509. This does not refer to the valid procedures. Similar to legislation. Cf. states have adopted “sexual assault” person’s ability to reason, but rather to the natural law. statutes which contain gender-neutral prudence with which he acts under the provisions and which don’t allow circumstances. A person who acts with question of fact. Disputed factual common sense and who has the mental contentions traditionally left for the jury to marital exemptions. Cf. sodomy, statutory rape. capacity of an average, normal, sensible decide. For example, in a battery case, the human being. The reasonable person question of whether A touched B. Juries rape shield laws. Statutes intended to criterion requires that the assumptions and decide questions of fact; although the protect victims of rape by limiting a ideas upon which a defendant acted must judge(s) act as the trier of facts in a trial defendant’s in-court use of a victim’s sexual have been reasonable, in that the without a jury. The judge(s), as the trier of history. circumstances as they appeared to the questions of law, then decide the legal A free publication. For imprisoned people only, – page 53 – who can reproduce it without permission. ` August 2019 defendant would have created the same remittitur. The reduction by a judge of the research. A careful hunting for facts or truth beliefs in the mind of an ordinary person. damages awarded by a jury. about a subject; inquiry; investigation. reasonable provocation. Cf. adequate removal. The transfer of a state case to resolution. The formal adoption of a provocation, adequate cause. federal court for trial. In civil cases, with motion. rebellion. Deliberate, organized resistance, parties from different states. In criminal and respondent. The person against whom an by force and arms, to the laws or operations some civil cases, because of a significant appeal is taken. Petitioner, qv. of the government, committed by a subject. possibility that a state court could not conduct a fair trial. rest -or- rest its case. A party is said to rebut. Evidence disproving other evidence “rest” or “rest its case” when it has presented previously given or reestablishing the renunciation. The voluntary and complete all the evidence it intends to offer. abandonment of the intent and purpose to credibility of challenged evidence. Cf. restatement. A publication which provides rejoinder. commit a criminal offense. Renunciation is a defense to a charge of attempted criminal the law in a particular field, such as compiled receiving stolen property. 1. knowingly activity. from statutes and decisions. taking possession of or control over property restitution. Act of restoring anything to its that has been unlawfully stolen from replacement volumes. Volumes which replace books combined with their pocket rightful owner. The act of restoring someone another; or 2. the receiving of stolen to an economic position he enjoyed before property, knowing that it has been stolen. parts when the pocket parts cause the books to become too bulky. he suffered a loss. A court requirement that reckless behavior. Activity which increases an alleged or convicted offender pay money the risk of harm. replevin. An action for the recovery of a or provide services to the victim of the crime possession that one has wrongfully taken. recognizance. An obligation entered into or provide services to the community. before a court whereby the recognizor reply. The response by a party to charges restoration. A sentencing goal which seeks acknowledges that he will do a specific act raised in a pleading by the other party. to make victims and the community “whole required by law. reporters. Books which contain court again.” record. All the documents and evidence decisions. restorative justice. A sentencing model plus transcripts of oral proceedings in a republic. A political order in which the that builds upon restitution and community case. people exercise the supreme power of the participation in an attempt to make the victim recuse. The process by which the court land. They elect officers and representatives “whole again.” disqualifies a judge from hearing a case responsible to them. They usually elect a retainer. Act of the client in employing the either on his or her own motion (sua sponte) president as the head of state. attorney or counsel, and also denotes the or upon the objection of a party. The word “republic” derives from the fee that the client pays when he or she re-direct examination. Opportunity to Latin “respublica” which derives from retains the attorney to act for them. present rebuttal evidence after cross- the phrase “res publica,” meaning “the retreat rule. A rule operative in many examination of one’s evidence. affairs of the people”. The word jurisdictions which requires that a person “respublica” summarizes the Roman redress. To set right. To remedy. To being attacked retreat in order to avoid the idea, because they regarded necessity of using force against the attacker compensate. To remove the causes of a government as something that grievance. if retreat can be accomplished with concerns all the people. Though the “complete safety.” referee. A person to whom the court refers Roman state never truly became a a pending case to take testimony, hear the democracy as the Greek city-states retribution. The act of taking revenge upon parties, and report back to the court. Such did, the Romans strongly believed that a criminal perpetrator. Also, the most an officer serves with judicial powers as an everyone held a duty to serve the punishment-oriented of all sentencing goals, arm of the court. common good. After the Roman and one which claims that we are justified in punishing because offenders deserve it. rehearing. Another hearing of a civil or republic survived almost 500 years, criminal case by the same court in which the imperial rule (with an emperor as the return. A report to a judge by police on the case was originally heard. single supreme authority) replaced it. implementation of an arrest or search However, the republican idea survived warrant. Also, a report to a judge in reply to registered mark. Trademark with the a subpoena, civil or criminal. words “Registered in the U.S. Patent and and came to help influence modern Trademark Office” or the letter “R” enclosed European and American people in the reverse. An action of a higher court in within a circle thusly ®. shaping of their governments. setting aside or revoking a lower court decision. rehabilitation. The attempt to reform a request for admission -or- request for criminal offender. Also, the state in which a admit. Written statements of facts reversible error. A procedural error during reformed offender is said to be. concerning a case that a party submits to an a trial or hearing sufficiently harmful to justify adverse party and which that party must reversing the judgment of a lower court. rejoinder. Opportunity for the side that admit or deny; a discovery device. opened the case to offer limited response to revocable trust. A trust that the grantor evidence presented during the rebuttal by request for production of documents. A may change or revoke. the opposing side. Cf. rebut. direction or command served upon another revoke. To cancel or nullify a legal party for production of specified documents document. remand. To send a dispute back to the for review with respect to a suit; a discovery court which originally heard it. Usually an device. RICO -or- Racketeer Influenced Corrupt appellate court that remands a case for Organizations. A section of the federal proceedings in the trial court consistent with request to admit. Request for Admission, Organized Crime Control Act. Some states the appellate court’s ruling. qv. have passed their own RICO-like statutes. remedy. Legal or judicial means by which a rescission. The unmaking or undoing of a right. A liberty, power, privilege, immunity, court either enforces a right or privilege or contract. A repeal. or entitlement expressed either explicitly or prevents, redresses, compensates the rescuing a prisoner. A crime which is implicitly (or interpreted). violation of a right or privilege. committed when any person or persons right of allocution. A statutory provision rescues or attempts to rescue any person permitting crime victims to speak at the held in lawful custody. A free publication. For imprisoned people only, – page 54 – who can reproduce it without permission. ` August 2019 sentencing of convicted offenders. A federal selective incapacitation. A sentencing person’s will and for the purpose of sexual right of allocution was established for victims strategy that imprisons or otherwise arousal, gratification, or abuse. of federal violent and sex crimes under the removes from society a select group of sexual contact. Any touching of the anus, Violent Crime Control and Law Enforcement offenders - especially those considered to be breast, or any part of the genitals of another Act of 1994. most dangerous. person with intent to arouse or gratify the right of way. The right of a party to pass self-defense. The claim of legal justification sexual desire of any person. over the land of another. of an otherwise criminal act due to the Shepardizing. Method for finding riot. A tumultuous disturbance of the peace necessity to protect a person or property subsequent development of a legal theory by three or more persons assembled of their from the threat or action of another. A by tracing status of a case as legal authority. own authority. defense to a criminal charge that is based Refer to the Shepardizing section of the We upon the recognition that a person has an the People Legal Primer. Robinson-Patman Act. The amendment to inherent right to self-protection and that to the Clayton Act that deals with price reasonably defend oneself from unlawful sheriff. The executive officer of local court discrimination. attack is a “natural” response to threatening in some areas. In other jurisdictions the robbery. The unlawful taking of property situations. sheriff acts as the chief law enforcement officer of a county. that is in the immediate possession of self-incrimination, privilege against. The another by force or threat of force. Also, constitutional right of people to refuse to give Sherman Act. The basic antitrust statute larceny from a person by violence, testimony against themselves that could prohibiting any unreasonable interference, intimidation, or by placing the person in fear. subject them to criminal prosecution. The conspiracy, restraint of trade, or monopolies Felonious taking of another’s property, from Fifth Amendment to the United States with respect to interstate commerce. his or her person or immediate presence Constitution guarantees this right, thus, shock incarceration. A sentencing option and against his or her will, by means of force people often refer to the assertion of this that makes use of “boot camp”-type prisons or fear. Cf. larceny. right is as “taking the Fifth.” in order to impress upon convicted offenders rout. The preparatory stage of a riot. self-proving will. A will whose validity does the realities of prison life. rule of law -or- supremacy of law. The not require testimony in court by the shock probation. The practice of maxim that an orderly society must be witnesses to it, where the witnesses sentencing offenders to prison, allowing governed by established principles and executed an affidavit reflecting proper them to apply for probationary release, and known codes that are applied uniformly and execution of the will prior to the will maker’s enacting such release in surprise fashion. fairly to all of its members. death. Offenders who receive shock probation may rules. Established standards, guides, or sentence. The punishment ordered by a not be aware of the fact that they will be regulations set up by authority. court for a defendant convicted of a crime. released on probation and may expect to spend a much longer time behind bars. rules of evidence. Standards governing Cf. concurrent sentences, consecutive whether a court admits evidence in a civil or sentences, cumulative sentences. sidebar. A conference between the judge criminal case. Sentence Report. Presentence Report, qv. and lawyers, usually in the courtroom, out of earshot of the jury and spectators. S — S — S — S — S — S — S — S — S sentencing. The process through which a simple assault. Assault, qv. scienter. Knowledge; guilty knowledge. sentencing authority imposes a lawful slander. Spoken defamation that tends to search warrant. A written order issued by a punishment or other sanction upon a person convicted of violating the criminal law. injure a person’s reputation. Cf. libel, judge that directs a law enforcement officer invasion of privacy. to search a specific area for a particular sequester. To separate. Sometimes courts piece of evidence. separate juries from outside influences Small Business Administration -or- SBA. A federal agency that provides assistance of seal. To mark a document with a seal; to during a trial or during their deliberations. For example, due to a highly publicized trial. all kinds, including loans, to small authenticate or make binding by affixing a businesses. seal. Court seal, corporate seal. sequestration of witnesses -or- separation of witnesses. Keeping all Small Claims Court. A state court that second degree murder. Depending upon handles civil claims for small amounts of jurisdiction, either: 1. murders committed witnesses (except plaintiff and defendant) out of the courtroom except for their time on money where people often represent during the perpetration or attempted themselves rather use an attorney. perpetration of an enumerated felony such the stand, and cautioning them not to as arson, rape, robbery, and burglary, or 2. discuss their testimony with other witnesses. social debt. A sentencing principle that all murder not classified by statute as first service of process -or- service. The objectively counts an offender’s criminal degree. delivering of writs, summonses, and history in sentencing decisions. secondary authority. Legal encyclopedias, subpoenas by delivering them to the party Social Security. A system, begun in 1935, treatises, legal texts, law review articles, and named in the document. of federal old-age pensions for employed citators. Writings which set forth the opinion session law. Laws bound in volumes in the persons. Employers deduct a portion of the of the writer as to the law. order of their enactment by a state payment from the employee’s salary – employers also contribute an equal portion. secured debts. In bankruptcy, a debt that legislature, prior to their possible codification. the debtor gave the creditor a right to settlement. An agreement between the Social Security Administration -or- SSA. repossess the property or goods used as parties disposing of a lawsuit. The federal agency that administers the collateral. settlor -or- grantor. The person who sets national social security program. Securities and Exchange Commission up a trust. Social Security Tax. A payroll deduction (SEC). A federal agency which monitors the sexual assault. A statutory crime that based on gross wages paid. The employer securities industry. combines all sexual offenses into one matches this amount as required by the Federal Insurance Contribution Act (FICA). sedition. A crime that consists of a offense (often with various degrees). It is communication or agreement intended to broader than the common law crime of rape. sodomy -or- crime against nature. Made defame the government or to incite treason. sexual battery. The unlawful touching of an a felony in England in the early 1500s by intimate part of another person against that statute and, thus, considered as a common law felony in the United States. Sodomy A free publication. For imprisoned people only, – page 55 – who can reproduce it without permission. ` August 2019 includes bestiality (sexual acts with animals) split sentence. A sentence explicitly statutory research. Research of legislation and human buggery (copulation per anus) requiring the convicted person to serve a enacted by a state or the United States. and has been expanded to include other period of confinement in a local, state, or stay. A court order halting a judicial unnatural sexual intercourse. Some modern federal facility followed by a period of proceeding. statutes define such deviant sexual probation. stipulation. An agreement between the intercourse as, for example, sexual conduct stalking. The intentional frightening of between persons not married to each other parties involved in a suit regulating matters another through following, harassing, incidental to trial. consisting of contact between the penis and annoying, tormenting, or terrorizing activities. anus, the mouth and penis, or the mouth strict liability. Concept applied by the and vulva. However, many states have standard of proof. Indicates the degree to courts in product liability cases that when a removed sodomy from the category of crime which the complaining party must prove a manufacturer presents his goods for public except, of course, for acts regarding force, point. In a civil case, the burden of proof sale, he represents them as suitable for their underage participants, and flouting accepted rests with the plaintiff, who must establish intended use. Liability without fault or standards of morality in the community. his or her case by such standards of proof intention. Strict liability offenses do not Perkins & Boyce, Criminal Law, 468 (3rd ed. as a “preponderance of evidence” or “clear require mens rea. 1982). and convincing evidence.” In a criminal case, the prosecution must meet the strict liability crimes. Violations of law for soliciting prostitution. The act of asking, standards of “beyond a reasonable doubt.” which one may incur criminal liability without enticing, or requesting another to commit the Proof, qv. fault or intention. crime of prostitution. standing. The legal right to bring a lawsuit. strike. Highlighting, in the record of a case, Son of Sam laws -or- notoriety-for-profit Only a person with something at stake has of evidence that has been improperly offered laws. Statutes that provide support for the standing to bring a lawsuit. and will not be relied upon. rights of victims by denying convicted status. A person’s state of being. subject matter jurisdiction. The offenders the opportunity to further capitalize empowerment of a court to hear and on their crimes. Son of Sam laws set the status offenders. Youths charged as determine a particular category of cases. stage for civil action against infamous beyond the control of their legal guardian or Federal courts can exercise only “limited offenders who might otherwise profit from as habitually disobedient, truant from school, jurisdiction” q.v. as explicitly conferred by the sale of their “story.” or having committed other acts that would federal statutes. 28 U.S.C. §1251 et seq. sovereign immunity. The doctrine that not be a crime if committed by an adult, such Many state trial courts have “general bestows immunity to lawsuits upon the as smoking. Also referred to as minors or jurisdiction” to hear almost all matters. The government, state or federal, unless it give children in need of supervision. parties to a lawsuit may not waive a its consent. statute. Legislative enactment. An act of requirement of subject matter jurisdiction. sovereignty. Preeminent among others. the legislature, adopted pursuant to its subject research. Research of matter by Having supreme rank or power. Self- constitutional authority, by prescribed means determining all law related to that matter by governing. In a monarchy, the king or queen and in certain form such that it becomes the finding everything on the subject. exercises sovereign power; in a democracy, law governing conduct within its scope. A single act of a legislature or a body of acts subpoena. A command to appear at a the people exercise sovereign power. In the certain time and place to give testimony United States, the people have by way of that the legislature collects and arranges for a session. Legislatures enact laws to upon a certain matter. their state and federal constitutions, Subpoena Duces Tecum. A court order delegated, their legislative, executive, and prescribe conduct, to define crimes, to create lower bodies of government, to commanding a witness to bring certain judicial sovereign powers to their legislators, documents or records to court. executive officers, and judges, respectively – specify use of public monies, and generally most of whom the people elect. to promote the public good and welfare. Cf. substantial capacity test. A test statutory law. developed by the American Law Institute specific deterrence. A goal of criminal statute of frauds. A statutory requirement and embodied in the Model Penal Code. sentencing which seeks to prevent a The test holds that “A person is not particular offender from engaging in repeat that certain contracts must be in writing. statute of limitations -or- limitation of responsible for criminal conduct if at the time criminality. of such conduct as a result of mental specific performance. A remedy requiring action. A statute which limits the right of a plaintiff to file an action unless done within a disease or defect he lacks substantial a person who has breached a contract to capacity either to appreciate the criminality perform specifically what he or she greed to specified time period after the occurrence which gives rise to the right to sue. [wrongfulness] of his conduct or to conform do. A court may order specific performance his conduct to the requirements of the law.” if it decides damages would amount to statutory. Relating to a statute; created or defined by a law. substantial step. Significant activity inadequate compensation. undertaken in furtherance of some goal. An specific intent. A thoughtful, conscious statutory construction. Process by which act or omission that is a significant part of a intention to perform a specific act in order to a court seeks to interpret the meaning and series of acts or omissions constituting a achieve a particular result. scope of legislation. course of conduct planned to culminate in specific intent crimes. Literally, crimes statutory law. Laws promulgated by the commission of a crime. Also, an that require a specific intent. Generally Congress and state legislatures. Cf. case important or essential step toward the speaking, specific intent crimes involve a law, common law. commission of a crime that is considered as secondary purpose. statutory rape. The crime of sexual sufficient to constitute the crime of criminal Speedy Trial Act. Federal law establishing intercourse with a female under the “age of attempt. A substantial step is conduct that is time limits for carrying out major events, i.e. consent” set by statute, regardless of strongly corroborative of the actor’s criminal indictment, arraignment, etc., in a criminal whether or not she consents to the act. purpose. According to one court, a prosecution. Virtually every jurisdiction now refuses to substantial step is “behavior of such a nature recognize a mistake of fact as to the age of that a reasonable observer, viewing it in spendthrift trust. A trust set up for the context could conclude beyond a reasonable benefit of someone who the grantor believes the female as a defense to the crime of statutory rape. doubt that it was undertaken in accordance as incapable of managing his or her own with a design to violate the statute.” financial affairs. A free publication. For imprisoned people only, – page 56 – who can reproduce it without permission. ` August 2019 substantive criminal law. Law with the furniture, and so forth. Movable property that intentional action undertaken in the purpose of prevention of harm to society and can be taken and carried away. commission of a crime may also be illegal. which prescribes punishment for specific taxable income. The income against which transcript. A written, word-for-word record offenses. The basic law of rights and duties the government applies tax rates to compute of what someone said. Usually refers to a as opposed to “remedial law” which provides tax paid. Gross income of businesses or record of a trial, hearing, or other proceeding methods of enforcement. adjusted gross income of individuals less transcribed from a recording or from substantive law. The statutory or written deductions and exemptions. shorthand. law that governs rights and obligations of Tax Court of the United States. A judicial transmittal form. Form required in certain those subjected to it. body which hears cases concerning federal courts for transmitting documents for filing. substantive law. The positive law that tax laws. treason. Violation of allegiance toward creates, defines, and regulates the rights temporary relief. Any form of action by a one’s country or sovereign, esp. the betrayal and duties of parties, and which may give court granting one of the parties an order to of one’s own country by waging war against rise to a cause of action. 192 P.2d 589, 593- protect its interest pending further action by it or by consciously and purposely acting to 594. Cf. adjective law. the court. aid its enemies. sudden passion. As in instances of Temporary Restraining Order -or- TRO. trespassory taking. For purposes of voluntary manslaughter, passion directly An emergency remedy of brief duration, crimes of theft, a taking without the consent caused by and rising out of provocation by such as ten days, issued by a court only in of the victim. the victim or of another acting with the exceptional circumstances, usually when treatise. A formal a systematic book or victim, and includes the understanding that immediate or irreparable damages or loss the passion arises at the time of the killing writing containing a narrative statement on a might result before the opposition could take field of law. and is not solely the result of former action. provocation. trial brief. A written document prepared for tender of performance. An offer or attempt and used by an attorney at trial. It contains summary judgment. A judgment given on to do which a contract or law requires. the basis of pleadings, affidavits, and the issues for trial, synopsis of evidence for exhibits presented for the record without any testamentary capacity. The legal ability to presentation, and case and statutory need for a trial. Used when no parties do not make a will. authority to substantiate the attorney’s dispute the facts of the case and a matter of testamentary trust. A trust set up by a will. position at trial. law entitles one party to a judgment. testator (male) -or- testatrix (female). A trust. A legal device used to manage real or summons. Instrument used to commence person who makes a will. personal property, established by one a civil action or special proceeding. A person (grantor or settlor) for the benefit of testimony. The evidence given by a another (beneficiary). Cf. trustee. means of acquiring jurisdiction over a party. witness under oath. It does not include support trust. A trust that instructs the evidence from documents and other trust agreement -or- declaration. The trustee to spend only as much income and physical evidence. legal document that sets up a living trust. Wills set up trust agreements. principal (the assets held in the trust) as theft. A general term embracing a wide needed for the beneficiary’s support. variety of misconduct by which a person is trustee. The person or institution that suppress. For the court to forbid the use of unlawfully deprived of his or her property. manages the property put in trust. evidence at a trial because police or a party theft of computer services. An offense in truth in lending. Statutes which provide improperly obtained it. Cf. exclusionary which a person willfully uses a computer or that the proposed lender provide precise and rule, fruit of the poisonous tree doctrine. computer network with intent to obtain meaningful cost of credit information to the Surety Bond. A bond purchased at the computer services without authority. credit customer. expense of the estate to insure the third party complaint. A petition filed by a truth in sentencing. A close executor’s proper performance. Also defendant against a third party (not presently correspondence between the sentence referred to as “fidelity bond.” a party to the suit) which alleges the third imposed upon those sent to prison and the survivorship. Cf. joint tenancy. party as liable for all or part of the damages time actually served prior to prison release. suspension. A temporary loss of the right the plaintiff may win from the defendant. U — U — U — U — U — U — U — U — U to practice law by an attorney. Cf. three-strikes legislation. Statutory unfair labor practice. Actions by the disbarment, censure. provisions that mandate lengthy prison employer that interfere with, restrain, coerce, sustain. A court ruling upholding an terms for criminal offenders convicted of a or threaten employees with respect to their objection or a motion. third violent crime or felony. rights. syndrome. A complex of signs and title. Legal ownership of property, usually Uniform Commercial Code -or- UCC. A symptoms presenting a clinical picture of a real property or automobiles. uniform law governing commercial disease or disorder. tort. A private or civil wrong or injury for transactions. All states except Louisiana have adopted the UCC. syndrome-based defense. A defense which the court provides a remedy through predicated upon, or substantially enhanced an action for damages. The unlawful Uniform Crime Reports -or- UCR. A by, the acceptability of syndrome-related violation of a private legal right other than a summation of crime statistics tallied annually claims. mere breach of contract, express or implied. by the Federal Bureau of Investigation (FBI), and consisting primarily of data on crimes T — T — T — T — T — T — T — T — T tort-feasor. An individual, business, or other legally-recognized entity that commits reported to the police and of arrests. Tangible Personal Property a tort. Uniform Determination of Death Act -or- Memorandum -or- TPPM. A legal trademark. A word, name, symbol, or UDDA. A standard supported by the document referred to in a will and used to American Medical Association, the American guide the distribution of tangible personal devise used by a manufacturer to distinguish his goods from those sold by others. Bar Association, and by The National property. Conference of Commissioners on Uniform tangible property. Property that has transferred intent. A legal construction by State Laws which provides that “An physical form and is capable of being which an unintended act that results from individual who has sustained either (1) touched, such as land, goods, jewelry, irreversible cessation of circulatory and A free publication. For imprisoned people only, – page 57 – who can reproduce it without permission. ` August 2019 respiratory functions, or (2) irreversible United States District Courts. Courts that work or resorts to unlawful practices, e.g., cessation of all functions of the entire brain, try both criminal and civil actions and begging, to gain a living. including the brain stem, is dead.” The admiralty cases. vehicular homicide. The killing of a human UDDA provides a model for legislation, and United States Magistrate Judge. Courts being by the operation of a motor vehicle by has been adopted in various forms by many given authority by 28 USC §636. This court another in a reckless manner likely to cause states. hears all preliminary criminal matters, but the death of, or great bodily harm to, Uniform Laws Annotated. Annotated does not conduct felony trials, and any another. uniform and model acts approved by the pretrial civil matters referred by the district venire. A writ summoning persons to court National Conference of Commissioners on court. If all parties consent, criminal to act as jurors. Cf. venire facias in Latin Uniform State Laws. misdemeanor and civil trials can be heard by Words & Phrases. this court. uniform law. Those uniform laws approved venue. The geographical location or place the Commissioners on Uniform State Laws United States Marshal’s Service. Agency where a case can be prosecuted. Authority and proposed to all state legislatures for that serves civil and criminal process in of a court to hear a matter based on their consideration and adoption. All 50 federal courts. geographical location. states adopt many of these uniform laws United States Postal Service. The federal verdict. A conclusion, as to fact or law, that with minor changes to their language. A office that provides mail delivery to state may adopt a uniform law regardless of forms the basis for the court’s judgment. Cf. individuals and businesses within the United directed verdict. whether any other state does. States. Veterans’ Administration -or- VA. The Uniform State Laws, The Commissioners United States Reports. Publication of court on. federal agency that administers a system of decisions of the United States Supreme benefits for veterans and their dependents. The Commissioners on Uniform State Laws Court. approve and propose uniform laws to all vicarious liability. The criminal liability of state legislatures for their consideration and United States Solicitor General. The one party for the criminal acts of another adoption. All 50 states adopt many of these counterpart to the Attorney General in that party. uniform laws with minor changes to their the Solicitor General defends the United States in all lawsuits against the United victim. Any individual against whom an language. A state may adopt a uniform law offense has been committed. Or, for certain regardless of whether any other state does. States government (to which the government must first give its consent). procedural purposes, a parent or legal unilateral contract. An agreement by guardian if the victim is below the age of which one undertakes an express United States Supreme Court. The eighteen years or is incompetent. Also, one performance without receiving any express highest court in the land, established by US or more family members or relatives promise of performance from the other. Constitution. designated by the court if the victim is union. An organization of workers formed unlawful assembly. A gathering of three or deceased or incapacitated. for the purpose of collective bargaining. more persons for the purposes of doing an victim impact statement. The in-court use unlawful act or for the purpose of doing a United States Attorney. A federal district of victim- or survivor-supplied information by lawful act in a violent, boisterous, or sentencing authorities wishing to make an attorney (legal counsel) appointed by the tumultuous manner. President to prosecute for all offenses informed sentencing decision. Also, a written committed against the United States; to unlawful detainer. A detention of real document that describes the losses, prosecute or defend for the government in estate without the consent of the owner or suffering, and trauma experienced by the all civil actions involving it as a party, and to other person entitled to its possession. crime victim or by victim’s survivors. In perform all duties of his/her assigned district. unliquidated debt. Remaining not jurisdictions where victims impact 28 USC §§541 et seq. determined. Unassessed or unsettled. In statements are used, judges are expected to dispute as to the proper amount. consider them in arriving at an appropriate United States Attorney General. The chief sentence for the offender. federal attorney and legal counsel appointed unsecured debts. In bankruptcy, debts by the President to prosecute for all offenses such as open accounts at department stores victimless crime. An offense committed committed against the United States. Cf. for which the debtor has not pledged against the social values and interests United States Solicitor General. collateral to guarantee payment. represented in and protected by the criminal law, and in which parties to the offense United States Bankruptcy Court. The urban. A city or town. willingly participate. judicial body which hears matters pertaining usury. Extraction of interest on a loan to bankruptcy and reorganization. victims rights. The fundamental right of above the maximum rate permitted by victims to be equitably represented United States Court of Appeals. Courts statute. throughout the criminal justice process. that hear appeals from federal district courts, uttering. The offering, passing, or bankruptcy courts, and tax courts. victim/witness assistance programs. attempted passing of a forged instrument Service organizations that work to provide United States Court of Claims. The court with knowledge that the document is false comfort and assistance to victims of crime that hears actions against the US and with intent to defraud. and to witnesses. Government. V — V — V — V — V — V — V — V — V visa. An official endorsement on a United States Court of Military Appeals. vacate. To set aside, void, or nullify a document or passport denoting that the The court that hears appeals from court judgment. bearer may proceed. marshal decisions. vagrancy. Under common law, the act of VOCA. The 1984 Victims of Crime Act. United States Court of Customs & Patent going about from place to place by a person Appeals. The court that hears appeals from void. Invalid. For example, no remedy without visible means of support, who was exists for a void agreement. all US customs and patent courts. idle, and who, though able to work for his or United States Court of International her maintenance, refused to do so, but lived voidable. Capable of being declared Trade. The court that hears cases without labor or on the charity of others. invalid. For example, a party may avoid his concerning federal tariff laws. obligation to a voidable contract, such as a vagrant -or- vagabond. A wanderer; an contract between an adult and a minor. idle person who, being able to maintain himself by lawful labor, either refuses to A free publication. For imprisoned people only, – page 58 – who can reproduce it without permission. ` August 2019 voir dire. The preliminary examination right to bring or maintain an action on the e.g. [L] exempli gratia. For example. made in court of a witness or juror to same claim or cause. eq. equity. determine his competency or interest in a without prejudice. A declaration that no et al. [L] et alii. And others. matter. Literally, to speak the truth. rights or privileges of the party concerned voluntary bankruptcy. A proceeding by are waived or lost. In a dismissal these et seq. [L] et sequentes. And the following which a debtor voluntarily asks for a words maintain the right to bring a (of that described – clauses, paragraphs, discharge of his debts under the Bankruptcy subsequent suit on the same claim. pages, etc). Code. witness. One who personally sees or etc. [L] et cetera. And the rest. NOT spelled voluntary intoxication. Willful intoxication; perceives a thing; one who testifies as to “ect.” intoxication that is the result of personal what he has seen, heard, or otherwise ex rel. [L] Abbrev. of “ex relatione” Upon choice. Voluntary intoxication includes the observed. relation. voluntary ingestion, injection, or taking by Words and Phrases Legally Defined. A fka. Formerly known as. any other means of any intoxicating liquor, set of books in dictionary form that lists ib. [L] ibidem. Refers to the same book or drug, or other substance. judicial determinations of a word or phrase. page. voluntary manslaughter. The unlawful worker’s compensation. A state agency ibid. [L] ibidem. Refers to the same book or killing of a human being, without malice, that that handles claims of workers injured on page. is done intentionally upon a sudden quarrel their jobs. or in the heat of passion. Also, a killing id. [L] idem. The same. committed without lawful justification, writ. A judicial order directing a person to i.e. [L] id est. That is. do something. wherein the defendant acted under a L.S. [L] locus sigilli. Place of the seal. sudden and intense passion resulting from writ of certiorari. An order issued by the adequate provocation. Supreme Court directing the lower court to N.B. [L] nota bene. Note well. W — W — W — W — W — W — W — W transmit records for a case for which it will nmn. No middle name. — W hear on appeal. Cf. certiorari in Latin Words N.O.V. [L] non obstante veredicto. & Phrases. Wage Earner’s Plan. Chapter 13 nol. pros. [L] nolle prosequi. Will not Protection, qv. writ of execution. An order of the court prosecute. evidencing debt of one party to another and waiver. Intentionally given up a right. commanding the court officer to take non seq. [L] non sequitur. It does not waiver of immunity. A means authorized property in satisfaction of the debt. follow. by statute by which a witness, before writ of garnishment. An order of the court non vult [L] non vult contendere. He will testifying or producing evidence, may whereby property, money, or credits in the not contest. relinquish the right to refuse to testify against possession of another person may be pro tem [L] pro tempore. For the time himself or herself, thereby making it possible seized and applied to pay a debtor’s debt. It being. for his or her testimony to be used against is used as an incident to or auxiliary of a him or her in future proceedings. q.v. [L] quod vide. Which see. judgment rendered in a principal action. viz. [L] videlicet. That is to say. warrant. Most commonly, a court order X — X — X — X — X — X — X — X — X authorizing law enforcement officers to make an arrest or conduct a search. An application (no entries) DICTIONARY OF LATIN WORDS seeking a warrant must be accompanied by Y — Y — Y — Y — Y — Y — Y — Y — Y AND PHRASES an affidavit that establishes probable cause Year and a Day Rule. A common law The legal profession borrows some words by detailing the facts upon which the request requirement that homicide prosecutions and phrases from Latin. (Spanish-language is based. could not take place if the victim did not die people may find some familiarity with Latin warranty. A promise that a proposition of within a year and a day from the time that words because the Spanish language fact is true. the fatal act occurred. comes mostly from Latin.) warranty deed. A deed that guarantees Z — Z — Z — Z — Z — Z — Z — Z — Z actus reus (AKT-us RAY-us) “guilty act” or that the title conveyed is good and its Zoning Commission. Local agencies with “deed of crime” Every crime has two transfer rightful. jurisdiction to regulate use of properties components: actus reus (unlawful action) water rights. The right to use water. within their geographic area. and mens rea (evil intent). Perkins and Boyce, Criminal Law 830-831 (3rd ed. Wharton’s Rule. A rule applicable to DICTIONARY OF 1982); 93 N.E. 249; 342 U.S. 246, 256; 361 conspiracy cases which holds that where the U.S. 147, 150; Hall, General Principles of targeted crime by its very nature takes more ABBREVIATIONS AND Criminal Law 222-227 (2d ed. 1960). than one person to commit, then there can SYMBOLS be no conspiracy when no more than the ad testificandum (ad TES-ti-fi-KAHN- number of persons required to commit the Look to the Latin Words and Phrases doom) “for testifying” Refers to any person offense participate in it. section sought as a witness. Generally refers to a for more information on Latin abbreviations, type of habeas corpus writ to bring a will. A legal declaration that disposes of a marked in this section with [L]. prisoner to court to testify. person’s property when that person dies. § section. clause. §§ sections. clauses. additur (AD-dih-tur) “add onto” An increase willfully. Of one’s own free will; without made by the court which reduces the jury’s reluctance. afft. Affidavit. aka. Also known as. insufficient verdict. withholding. A tax deducted from a salary, a fortiori (ah FOR-shee-OH-ree) “from the wage, or other income on behalf of the arg. Arguendo. most powerful reason” Refers to drawing government at the time of payment of wages C.J. Corpus Juris. conclusion based on a powerful to the person who pays it. C.J.S. Corpus Juris Secundum. requirement. A person not guilty of larceny, with prejudice. A declaration that ca. resp. [L] capias ad respondendum. because he did not steal, also not guilty of dismisses all rights. A judgment barring the robbery (stealing with threat of force). Cf. [L] confer. Compare with.

A free publication. For imprisoned people only, – page 59 – who can reproduce it without permission. ` August 2019 aliunde (AHL-ee-UN-day) “from elsewhere” allow the upper court to inspect the Duces Tecum “Bring with you” Refer to the The aliunde rule says a verdict may not be proceedings and determine irregularities. “Subpoena Duces Tecum” entry in the impeached by evidence held by a juror US Supreme Court has discretionary power Dictionary of Legal Words and Phrases in unless based on competent evidence from to issue such writ, upon four or more of its this legal primer. elsewhere. Evidence aliunde refers to that nine justices voting to hear a case, will issue e.g. (ee gee) or (for example) Abbrev. for evidence from elsewhere. 141 Ohio St. 423. the writ to any applicable court in the land. exempli gratia (eg-ZEM-PLEE GRAH-tee- amicus curiae (uh-MEE-kus KYEW-ree- Some state courts issue similar writs called ah) For example. “certification”. 6 Cyc. 737. eye) “friend of the court” A person, not a ejustem generis (eh YEWS-dem JEN-ehr- party, who calls the court’s attention to Cf. (see eff) Abbrev. for “confer” (CON-fer) iss) “of the same kind” Courts may narrowly information which might otherwise escape its Has the meaning of “compare with”. interpret general words which follow named attention to allow a proper decision (for the compos mentis (KOM-pohs MEN-tis) classes of persons or objects as only those sake of justice). Amicus brief, a brief so “mentally competent. Cf non-compos same kinds of things. Thus, a court may submitted. 264 F. 276, 279; 64 N.Y.S.2d mentis. narrowly construe “other dangerous 510, 512. contra bonos mores (KON-tra BOH-nohs weapons” in the phrase “...pistols, revolvers, a posteriori (ah POS-ter-ee-OH-ree) “from MOH-rayz) “against good morals” “...conduct and derringers, or other dangerous what comes after” Refers to knowing a of such character as to offend the average weapons” as only firearms or more narrowly cause from its effects. Reasoning from conscience, as involving injustice according as only handguns. Cf. noscitur a sociis. 49 particular facts to general principles: to commonly accepted standards...” F. Supp. 846. inductive logic. Cf a priori. 231 F. 950, 969. en banc (uhn bahnk) [French] “in the [full] a priori (ah pree-OH-ree) “from what comes coram nobis (KOR-am NOH-bis) “before bench” By the full court. Upon a court’s before” Refers to predicting an effect from its us” Refers to a writ to seek relief from a motion sua sponte or a litigant’s request, the cause(s). Reasoning from general principles judgment by bringing the attention of the full court (instead of just one or a few judges) to particular fats: deductive logic. Cf a court to errors of facts on the face of the will hear a matter. posteriori. 185 F.2d 679, 685. record in that court, if known at the time, et al. (et al) Abbrev. of “et alii” meaning “and arguendo (ahr-gyew-EN-doh) -or- arg. “[for would have prevented rendition and entry of others” the sake of] arguing” To make a the judgment in question. Such as facts not et seq. (et sek) Abbrev. for “et sequentes” or hypothetical statement. present due to duress, fraud, or excusable “et sequentia” meaning “and the following” bona fide (BOH-nah FIDE) “in good faith” mistake. 198 P.2d 505, 506; 269 N. Y. S. Mostly refers to page references and to Without fraud, made in good faith. 2d 983, 986. sections of statutes. Authentic, genuine. 80 Cal. Rptr. 89, 97; corpus delecti (KOR-pus deh-LEK-tie) etc. Abbrev. for “et cetera” (et SEH-ter-ah) 458 P.2d 33, 41; 20 A.2d 414, 416. “body of the crime” Objective proof of “and the rest” And other unspecified items of brutum fulmen (BREW-tum FUL-men) occurrence of a crime. Not the body of a the same class. And so forth. Spelled “etc.” “empty thunder” Refers to potentially killing. Corpus delecti has two parts: NOT “ect.” Very old spelling as “&c.” occurrence of specific kind of injury or loss, powerful documents, judgments, etc made ex gratia (eks GRAH-shee-uh) “from grace useless due to an error in them which and somebody’s criminality. 323 P.2d 117, 123; 247 P.2d 665; 1 Q.B. 388; 7 Wigmore, or favor” Refers to acting as a favor, not from renders them unenforceable. 179 S.W.2d task or duty. 346, 348; 153 A.2d 888, 892. Evidence §2702. ex officio (eks oh-FEE-shee-oh) “from the capias ad audiendum judicium (KAY-pee- corpus juris (KOR-pus JUR-is) “body of law” Refers to a series of text which office” By virtue of the office. 44 S.E.2d 88, as ad aw-dee-EN-dum jew-DIH-shee-um) 95; 90 So. 423, 424; 251 N.W. 395. “you take to hear judgment” A writ to bring contained much of the civil and the defendant to court to receive judgment ecclesiastical law. ex parte (eks PAR-tay) “from one party” regarding guilty verdict on misdemeanor. crimen falsi (KRIH-men FAL-see) “crime of Refers to an appilcation from one party to a 3 Bl. Comm. *282; 178 A. 843, 844; 4 Bl. deceit” For example: forgery, perjury, proceeding without notice to or knowledge of Comm *375. causing the absence of a witness, and another party. capias ad respondendum (KAY-pee-as ad fraudulent writings. 141 N.E.2d 202, 206; 1 ex post facto (eks post FAK-toh) “from after RES-pon-DEN-dum) often just ca. resp. “you F. 784, 787; 207 F. 327, 331; 5 A.2d 804, the fact” Retroactive. Usually “expost facto take to respond” A writ to arrest and produce 805. law” – a law that attempts to make a defendant prior to judgment. In effect, an de facto (day FAK-toh) “of fact” Refers to previous act criminal. Article 1 sections 9 arrest warrant and summons. the fact of the deed; in reality; actually. &10 of US Constitution prohibits such laws. 3 Bl. Comm. *282; 178 A. 843, 844; 4 A.2d Refers to a matter not founded upon law. Cf 171 S.W.2d 880; 3 U.S. 386; 883, 885. de jure. 139 P. 1057, 1059; 77 P. 114, 115; U.S. Const. Art. 1, Sec. 9, Cl. 3 and Sec 10. causa proxima (KAW-zah PROK-sih-mah) 97 P. 96, 98; 197 A. 667, 669; 269 F. Supp. ex rel. (eks rel) abbrev. for “ex relatione” “most closely related cause” The cause 401, 445. meaning “upon relation or report” Refers to responsible for the effect or result. Used to de jure (day JEW-ray) “of right, of decree” legal proceedings, when the right to sue shift blame to show guilt; also to shift blame Refers to a matter founded upon law. Cf. de resides solely in the state, brought in the away from less guilty persons. 169 F.2d facto. 269 F. Supp. 401, 443. name of the state but on the information and 203, 206; 323 P.2d 108, 114. at the instigation of a private individual, the de minimis (day MIH-nih-mis) “of minor relator (the real party in interest), who has a causa sine qua non (KAW-zah SEE-nah things” Refers to issues not important private interest in the outcome. 329 P.2d kwah nuhn) “cause without which it could not enough for the courts. 118, 133. In other instances, the court occur” A cause essential to the occurrence 121 F.2d 829, 832; Model Penal Code issues certain writs on behalf of a relator, of the result. 169 F.2d 203, 206. §2.12. such as “informations” in the nature of “quo certiorari (sir-shee-oh-RAH-ree) “to be de novo (day NOH-voh) “of new, renewed” warranto.” 175 S.W. 940, 942. Such a certified” An upper court may issue a writ of Refers to a second time. For example, a habeas corpus may have the title “United certiorari commanding a lower court to trial de novo. States ex rel. [defendant] vs. [warden].” certify and return to the upper court the 47 N.W.2d 126, 128. habeas corpus (HAY-bee-us KOR-pus) record in the particular case and, thus, to See the larger Habeas Corpus section in the A free publication. For imprisoned people only, – page 60 – who can reproduce it without permission. ` August 2019 We the People Legal Primer. 488 F.2d 218, in re (in ray) “in the matter of” “regarding” crimes, being crimes of strict liability) often 221; 261 U.S. 86; 456 U.S. 107; 455 U.S. Usually refers to an opponentless legal do not require a specific mens rea. Model 509. proceeding, such as name change or estate Penal Code §2.02; 343 U.S. 790. ib. (ib) -or- ibid. (IB-id) abbrev. for “ibidem” of decedent. modus operandi (MOH-dus OP-er-AN-dee) “in the same place” It refers to the same in rem (in rem) “against a thing” Actions “manner of operating” “manner of committing book or page. Used in references to avoid against the res or thing without reference to an act” The characteristic method employed repeating same data from the immediately any claimants of it. Outcomes of such in allegedly repeated criminal acts. 249 preceding reference. proceedings bind all claimants. Cf. in C.A.2d 81. id. (id) Abbrev. for “idem” “the same” Used personam. nisi prius (NEE-see PREE-us) “unless the in citations to avoid repeating author’s name in se (in seh) “in (and of) itself” first” Sometimes used to describe a court in and title. See ibid. inter alia (IN-ter AH-lee-uh) “among other which originally heard a case (not an i.e. (aye ee) or (that is) Abbrev. for id est (id things” appellate court). Actually translates as “the first”. est) “that is” ipse dixit (IP-say DIK-sit) “he himself said it” That is. That is to say. (To explain further). An assertion by one whose sole authority for nolle prosequi (NOLL-ee PROHS-ee-kyee) in camera (in KEH-mer-ah) “in chambers” it is that he himself has said it. “unwilling to prosecute” Sometimes Refers tio proceedings held in the judge’s abbrev’d. nol. pros. (noll prohs) The formal ipso facto (IP-soh FAK-toh) “by the fact entry of a declaration that the prosecution chambers. itself” In and of itself. 270 N.Y.S. 737. 66 Cal. Rptr. 825, 829. shall not prosecute a case further. State can ipso jure (IP-soh JUH-ray) “by the law itself” re-indict within statute of limitations and in delicto (in deh-LIK-toh) “in fault” At fault Merely by the law. prosecute defendant again. Cf. dismissal. but not necessarily at equal fault. jurat (JUR-at) “sworn” A certification on an 91 So. 2d 857, 859; 443 A.2d 86, 89; 419 indicia (in-DEE-shee-ah) “indications” affidavit showing when, where, & before N.E.2d 47, 51; 418 S.W.2d 629, 632; 213 Circumstances or evidence which support whom affiant swore. S.E.2d 91, 93. but not necessarily prove a proposition or nolo contendere (NOH-loh kon-TEN-deh- conclusion. 53 S.E. 2d 122, 125; 277 S.W. lex “law” lex loci delicti (lex LOH-kee deh-LIK-toh) - ray) “I don’t wish to contend” Not a plea. A 2d 413, 316. statement that a defendant will not contend in extremis (in eks-TREH-mis) “in the or- locus delikto (LOH-kus deh-LIK-toh) “the place of the wrong” The place where a charge. An implied confession admitting extreme” toward the end, especially to all facts stated in indictment. Equal to a anticipating eminent death. 167 Cal. Rptr. the last event necessary to make the actor liable occurred. guilty plea. Accepted only by decision of the 297, 302. trial court, satisfied that defendant made it in forma pauperis (in FOR-mah PAW-per- liber “book” A book of records, as of deeds. knowingly and willingly and factual basis is) “in the manner of a pauper” Courts may locus sigilli (LOH-kus sih-JIL-lee) “the place supports it. Cf. non vult. 119 F. Supp. 288; grant a party the right to proceed without of the seal” Often abbrev. “L.S.” – within 139 P.2d 682; F.R. Crim. Proc. 11(b) assuming the burden of cost or the strict brackets on copies. 71 S.E. 142, 143. non compos mentis (non Kom-pos MEN- adherence to pleadings. Courts granting in malum in se (MAH-lum in say) “wrong in tis) “not in control of the mind” Insane. In forma pauperis status to a criminal and of itself” An act (e.g. murder) some instances, it just means not legally defendant may also grant a court-appointed considered evil and wrong by civilized competent. 108 A.2d 820, 822; 1 S.E.2d counsel. people. An inherently evil and wrongful act. 768, 770. infra (IN-frah) “below” Refers to discussion Acts that are regarded, by tradition and non obstante veredicto (non ob-STAN-teh or citation appearing below or following this convention, as wrong in themselves Cf. veh-reh-DIK-toh) not withstanding the spot. Cf. supra. malum prohibitum. 259 P. 893, 898; 373 verdict. Abbrev. N.O.V. A judgment N.O.V. in genere (in JEH-neh-ray) “in the same S.W. 2d 90, 93. reverses a jury verdict due to lack of support kind” Of the same class or species of malum prohibitum (MAH-lum pro-HIH-bih- by reasonable facts or contrary to law. anything. Applies to different laws for the tum) “wrong as prohibited (by statute)” An Thus, a second chance at a directed verdict same general purpose. act (e.g. driving fast) not inherently evil but by the moving party. in haec verba (in heek VER-bah) “in these prohibited by law – how fast is “too fast”? non sequitur (non SEH-kwih-tur) “it does words” But reckless driving is malum in se. Cf. not follow” often abbrev’d non seq. Refers to In these words. In the same words. malum in se. 223 N.E.2d 755, 757; 262 an action or proceeding unrelated to the F.2d 245, 248. in hoc (in hock) “in this” In this. Regarding previous events. Or it has not logical or this. mandamus (man-DAY-mus) “we timely purpose for its place of events. Or command” When all other judicial remedies logically, timely, physically out of order. in limine (in LIH-mih-nee) “at the beginning” fail, an extraordinary writ commanding an At the beginning or at the threshold. non vult (non vult) abbrev. of non vult official to perform an absolute duty (such as contendere (non vult kon-TEN-deh-ray) “he in omnibus (in OM-nih-boos) “in all things” feeding or medically treating prisoners). will not contest” Refers to a criminal plea In all the world. In all nature. In all respects. 9 F. Supp. 422, 423; 74 P. 695, 501. which does not expressly admit guilt but in pari materia (in PAH-ree deh-LIK-toh) “in mens rea (menz REE-ah) “guilty mind” One does not contest charge and agrees to the subject matter” Relating to the same (of four possible) mental states treatment as though guilty. Cf. non person or matter. Interpret those portions of accompanying, and required for, a criminal contendere. statutes etc. relating to the same subject or act: intentionally, knowingly, recklessly, and noscitur a sociis (NOH-sih-ter ay SOH- purpose together, according each the same grossly negligent. Mens rea may amount to shee-is) “it is known by its associates” importance or weight. 43 Okl. 682. general or a specific mental element, Ascertaining the meaning of a word in a in personam (in per-SOH-nam) “into or depending on the alleged crime. statute in light of the meaning of the word(s) against the person” Actions on personal Prosecution must prove, beyond a associated with it. With such words of liability against a person(s) requiring reasonable doubt, that mens rea coexisted similar meaning but not equally jurisdiction over such person(s). Cf. in rem. with the wrongful act. Insanity, intoxification, comprehensive, the specific word limits and 237 So. 2d 592, 594. or mistake may nullify or mitigate the qualifies the general word. Cf. ejustem existence of a mens rea. Malum prohibitum

A free publication. For imprisoned people only, – page 61 – who can reproduce it without permission. ` August 2019 generis. 950 N. W.2d 412, 413; 218 S.E.2d directed verdict or motion to dismiss. 105 excessive verdict. A court may not grant a 735, 740. N.E.2d 454, 458; 185 N.E.2d 115, 124. remittitur for a new trial except by consent of nota bene (NOH-tah BEH-nay) “note well” pro bono publico (proh BOH-noh POOB- the party unfavorably affected by it. Cf. commonly abbrev’d “N.B.” Refers to an lee-koh) “for the good of the public” Often additur. 116 S.E.2d 867, 871; 258 F.2d 17, important part of text. just pro bono. Attorneys represent a party 30. nuisance per se (NEW-sehns per say) “a pro bono for the general good of the public. res (reez) “the matter” The subject matter of nuisance by itself” An act, under any Done for indigent defendants in criminal an action. 42 N.Y.S. 626, 628. circumstances and at all times, which cases. res gestae (reez JES-tee) “things done” invades the rights of others. Once procendendo (proh-say-DEN-doh) “duty to Rule that covers spoken words so closely established by proof, it becomes a nuisance have proceeded” Commonly called a connected to an event that the rule as a matter of law. remand. A writ by an upper court when a considers them part of the event. 281 S.W.2d 721, 723; 268 N.W.2d 525, party has improperly removed a cause to it, Spontaneous exclamations or statements 528. as by certiorari, commanding the lower court made by participants, victims, or witnesses nunc pro tunc (nunk proh tunk) “now for to assume jurisdiction and to proceed to contemporaneous with (immediately before, then” An action after the point when the judgment on the cause. during, or after) an event. Courts admit such movant should have taken it. Retroactive. pro forma (proh FOR-mah) “for the sake of written or oral evidence as declarations as to Thus, a nunc pro tunc court order corrects the form” In an appealable decree or present bodily conditions, declarations of the record, supplementing a matter it judgment, usually that the court rendered present mental states and emotions, and originally had jurisdiction over. If time to decision, not upon intellectual conviction of declarations of present sense impressions. appeal expired, party may seek leave to file the decree, but merely to facilitate further 257 N.E.2d 816, 818; 432 S.W.2d 349, 352; notice of appeal out-of-time. If permitted, the proceedings. 267 F. 564, 568. 266 P.2d 992, 1003; 383 A.2d 858, 860; Fed. R. Evid. 803. court will file the notice nunc pro tunc and, pro hac vice (proh hak VEE-chay) “for this thus, render the appeal timely. turn” The allowance of an exception; usually res judicata -or- res adjudicata (reez [ah] obiter dicta (OH-bih-ter DIK-tah) “passing the permission granted an out-of-state JOO-dih-KAY-tah) “the thing decided” A comments” Statements or decisions made attorney to appear in a particular case wit matter judged. A matter conclusive upon the in a court opinion not necessary to the the same standing as an attorney admitted parties in any subsequent litigation involving disposition of the case at hand. to practice in the jurisdiction. And a locally the same cause of action. Supported by the admitted attorney is usually the “attorney of doctrines of repose, statute of limitations, per curiam (per KOO-ree-ahm) “by the stale claims, and finality. court” Refer to “opinion” entry in the record”. 184 F.2d 119, 123; 439 U.S. 438. Dictionary of Legal Words and Phrases in pro se (proh say) “for himself” Refers to respondeat superior (RAY-spon-DAY-at this legal primer. representing oneself without the aid of soo-PER-ee-or) “let the superior respond” counsel. Doctrine in a “master-slave” (employer- per infortunium (per in-for-TU_nee-um) “by employee) relationship where the superior accident” pro tanto (proh TAHN-toh) “to such extent” bears responsibility for an agent who acts on By accident. By misadventure. Homocide As far as it goes. To the extent, but only to the superior’s behalf. In common law, duty pre infortunium: Someone who, while doing the extent. 104 N.W.2d 462, 466. rests upon all persons to conduct their affairs a lawful act without any intention to harm or pro tempore (proh TEM-por-ray) “for the so as not to injure another, whether acting injure, kills another. time being” Commonly abbrev’d pro tem directly or through another. 143 P.2d 554, posse comitatus (PAH-say KOH-mih-TAH- (proh tem). 556; 9 N.W.2d 518, 521. toos) “to be able to be an attendant” A pro nunc (proh nunk) “for now” scienter (SEE-en-ter) “knowledge” Often sheriff may summon (even verbally) to his signifies “guilty knowledge.” Signifies a assistance any person to assist him in quasi (KWAH-sih) (KWAH-see) “almost” Nearly. Almost. Cf. pseudo. wrongful act committed designedly, making an arrest for a felony. A person so understandingly, knowingly, or with guilty summoned acts as neither officer nor as quid pro quo (kiwd proh kwoh) “what for what” Tit for tat. This for that. Something knowledge, usually involving fraud. 211 private citizen but as posse comitatus, and N.W. 346; 444 S.W.2d 498, 505. the protection of the law clothes his actions. that a party receives or expects for A posse comitatus need not remain in the something he promises, gives, or does. For secundum (seh-KUN-dum) “immediately physical presence of the sheriff but may act example, a defendant’s guilty plea to a after” Refers, in law publishing, to the in concert to effect the stated purpose. 449 lesser offense in exchange for his testimony. second series of a treatise. For example S.W.2d 656, 661. 209 S.W.2d 851. Corpus Juris Secumdum. post mortem. (post MOR-tem) “after death” q. v. (kyew vee) Abbrev. for quod vide (kwod seriatum (seh-ree-AH-tum) “in [proper] Refers generally to the examination of a VEE-day). “which see” (which means “refer order” In order, in succession; one by one. body of a deceased to determine the cause to this”) sic (sik) “thus” Usually used with quotes to of death. It may include only such ratio decidendi (RAH-shee-oh day-see- refer to an incorrectly spelled, surprising, or examination as that performed by a coroner DEN-dee) “reason for the decision” The paradoxical word, phrase, or fact quoted and may not extend to a true medical principle which the case establishes. properly (not mistakenly). Usually written in determination of the cause of death which ratio legis (RAH-shee-oh LAYG-is) “legal brackets “[sic].” would involve autopsy and dissection. 31 reason” The underlying principle, reasoning, sine die (SEE-nay DEE-ay) “without day” N.Y.S. 865, 866. Cf. autopsy. grounds, scheme, theory, doctrine, or Legislative bodies adjourn sine die when it praecipe (PREE-sih-pee) “order, command” science of the law. does not set a date to assemble again. 300 A writ commanding the defendant to perform reductio ad absurdum (ray-DUK-tee-oh ad S.W.2d 806. a requirement or to show reason why ab-SUR-dum) “to reduce to the absurd” To sine qua non (SEE-nay kwah non) “without defendant did not do it. 257 U.S. 10. disprove a legal argument by showing that it which not” The essence of a thing. The prima facie (PREE-mah FAY-shee-ah) “at ultimately leads to an absurd position. alleged act. first view” Sufficient to establish existence, remittitur (ree-MYT-tih-tur) “send back” A status quo (STAH-tus kwoh) “existing validity, credibility, etc. But does not compel reduction made by the court (without the conditions” a certain conclusion. Trier of the facts must consent) of the jury which reduces its 498 S.W.2d 42, 48; 28 P. 764, 767. weigh it. However, sufficient to avoid a A free publication. For imprisoned people only, – page 62 – who can reproduce it without permission. ` August 2019 stare decisis. (STAH-ray deh-SEE-sis) “to LEGISLATIVE WORDS AND You usually cannot find legislative history for stand by that which was decided” Rule by PHRASES state statutes on the Web. which common law courts “are slow to session laws. When a bill become law, the interfere with principles announced in the annotated codes. Publications that legislature publishes it in a text according to former decisions and often uphold them combine state or federal statutes with the session of the legislature that enacted even though they would decide otherwise summaries of cases that have interpreted them into law. For instance, the California were the question a new one.” 156 P.2d the statutes. With a very few exceptions, legislature passed laws in 1999 in its 1999- 340, 345. Although [stare decisis] is not only a law library will have annotated codes. 2000 session. You can find the individual inviolable, our judicial system demands that bill. The name of a piece of legislation when laws in the publication for a particular it be overturned only on a showing of good introduced in Congress or a state legislature. session (such as Session Laws 1999-2000) cause. Where such a good cause is not When both houses of a legislature passes a according to their original bill number. shown, it will not be repudiated.” The bill and the President or a state governor, sponsor. Those legislators that introduce a doctrine is of particularly limited application the government will usually publish it in the field of constitutional law. 298 U.S. 38, bill. according to its bill number in a publication statutes at large. See Session Laws. 94. Cf. precedent. called “Session Laws” or “Statutes at Large.” sua sponte SOO-ah SPON-tay) “on one’s statutory schemes. Groups of statutes that bill number. Legislators refer to bills by relate to one particular subject. For own” Often refers to a court issuing a their number. The number really has two declaration, such as a mistrial, without instance, all of the federal statutes that make parts: the abbreviation for the specific wing up Title VII of the Civil Rights Act (which motion from any party. of the legislature that introduced the bill, “H” sub judice (sub JOO-dih-say) “under a forbids employment discrimination and or “HB” for a house bill or “S” or “SB” for a sexual harassment) amount to a statutory court” Refers to the matter before the court. senate bill, and the number which identifies The case at bar. The instant case. scheme because they all relate to each the particular bill, as in “1860.” Thus, other. sub modo (sub MOH-doh) “under a “S1860” means senate bill number 1860. title. In the federal system and in some qualification” Subject to a condition or chapter. A term that identifies a group of qualification. states, “title” denotes a collection of state or related state or federal statutes that have federal statutes by subject matter, as in Title sub nomine (sub NOH-mih-nay) “under the been gathered together within a particular 11 of the U.S. Code for bankruptcy statutes name” Indicates that the title of a case Title or Code. or Title 42 of the U.S. Code for civil rights altered during a later phase in the chaptered. A bill becomes chaptered if it statutes. The word “title” also denotes a proceedings. clears the legislature and the governor signs group of statutes within a larger set of subpoena (suh-PEE-nah) from “sub poena” it. statutes, as in Title IX of the Civil Rights Act meaning “under penalty” A writ issued citation. Formal references to statutes that (itself located in Title 42 of the U.S. Code). under authority of a court compelling the describe where a government publishes a appearance of a witness at a judicial statute. For instance, the citation “23 Vt. LEGAL QUOTATIONS proceeding. Court can treat failure to Stat. Ann. Section 1185” means the statute (Sayings and quotes about law and the legal comply as contempt of court. 183 N.Y.S.2d in Section 1185 of Title 23 of the Vermont system.) 125, 129; 12 A.2d 128, 129. Statutes Annotated. And the federal citation APPEALS. sub silencio (sub sih-LEN-shee-oh) “under “42 U.S.C. 1395” means the federal statute silence” Refers overruling a prior authority found in Title 42, Section 1395 of the United It is needless to enter into many reasons for by necessary implication of a later opinion States Code. quashing the conviction, when one alone is reaching a result contrary to the apparent code. In general the term “code” refers to sufficient. controlling authority. the main body of statutes of the jurisdiction – William Murray, British chief justice (1756) sui generis (SOO-ee JEN-er-is) “of its own (for example, the United States Code or the The appellant goes before the appeals court kind” Unique; in a class by itself. See Arizona State Code). A government groups as a plaintiff claiming he suffers a wrong ejusdem generis. its statutes in its code by subject matter committed by the justice system. – We the People Legal Primer suo nomine (SOO-oh NOH-mee-nay) “in (titles), as in Title 11 of the United States his own name” Code (bankruptcy laws). Some states, ARGUMENTS. including California, Texas and New York, supersedeas (soo-per SEE-dee-as) “you Prepare your proof before you argue. use the term “code” to refer to the overall – Jewish proverb shall forbear” A writ commanding stay of collection of statutes and the separate proceedings to maintain the status quo that subject matter groupings of statutes, as in Arguments derived from probabilities are existed before the entry of a lower court’s “Penal Code,” “Family Code” or “Probate idle. judgment or decree. 183 P.2d 275, 277. Code.” – Plato, Phaeto c. late 4th century BC supra (SOO-prah) “above” Refers to engrossed. A legislative body (such as the [He] who overrefines his arguments brings discussion or citation appearing above or House) engrosses a bill by voting to approve himself to grief. before this spot. Cf. infra. it and sending it on to the other legislative – Petrarch, c.1350 venire facias (veh-NEE-ray fah-SHEE-uhs) body (such as the Senate). Be calm in arguing; for fierceness makes “to make to come [before the court]” A writ enrolled. A legislature enrolls a bill when error a fault and truth a discourtesy. – commanding a sheriff to cause to come both houses of a legislative body approve it George Herbert, 1633 before the court certain persons, typically and send it on to the executive branch (the Be brief, be pointed, let your matter stand jurors or parties. 46 A.2d 921, 923. President or a governor) for signing. Lucid in order, solid and at hand; viz. (viz) Abbrev. of videlicet (VEE-deh-LEE- legislative history. Assorted materials Spend not your words on trifles but sit) “that is to say” That is to say. To wit. generated in the course of creating condense; Namely. In pleadings, to explain, legislation, including committee reports, Strike with the mass of thought, not drops of particularize, or specify a preceding word. analysis by legislative counsel, floor debates sense; 48 A. 639, 642; 116 N.W.2d 243, 244. and a history of actions taken. You can find Press to the close with vigor, once begun, legislative history for recently enacted And leave – how hard the task! – leave off federal statutes at http://thomas.loc.gov/. when done. A free publication. For imprisoned people only, – page 63 – who can reproduce it without permission. ` August 2019 – Joseph Story, Advice to a Young Lawyer, While the Declaration [of Independence] The cautious seldom err. – Confucius, 1835 was directed against an excess of authority, Analects, c.500 BC But to generalize is to omit... the Constitution was directed against Delay is preferable to error. – Thomas – Oliver Wendell Holmes Jr., 208 U.S. 267, anarchy. – Robert H Jackson, The Struggle Jefferson to George Washington, a letter 273 (1908) for Judicial Supremacy, 1941 written 16 May 1792 The obvious is better than obvious The validity of a doctrine does not depend EVIL. avoidance of it. on whose ox it gores. – Robert H Jackson, 364 U.S. 388, 406 (1960) Better to suffer a great evil at the hand of – H W Fowler, A Dictionary of Modern another than to commit a little one yourself. English Usage, 1926 COURTS. – Proverb A doctrine capable of being stated only in The business of the court is to try the case, Evil deeds never prosper. obscure and involved terms is open to not the man; and a very bad man may have – Homer, Odyssey, c. 8th century BC reasonable suspicion of being either crude a very righteous case. or erroneous. – Sir Frederick Pollock, 1845- – Anonymous, Thompson v Church, 1 Root Of two evils we should always choose the 1937 312 (1791) less. – Thomas Kempis, Imitation of Christ, The more you explain it, The penalty for laughing in a courtroom is six c.1420 the more I don’t understand it. – Mark Twain months; if it were not for this penalty, the jury INNOCENCE. The best way to win an argument would never hear the evidence. – H L is to begin by being right – Jill Ruckelshaus, Mencken, 1880-1956 It is better than ten guilty persons escape 1973 Courtroom: A place where Jesus Christ and than one innocent suffer. – Sir William Blackstone, Commentaries on the Laws of CASES. Judas Iscariot would be equals, with the betting odds in favor of Judas. – H L England, 1765-1769 The laws are adapted to those cases which Mencken Today, the grand jury is the total captive of most frequently occur. – Legal maxim CRIME. the prosecutor who, if he is candid, will Decided cases are the anchors of the law. concede that he can indict anybody, at any – Francis Bacon, De Augumentis No crime is founded upon reason. time, for almost anything, before a grand Scientiarum, 1623 – Livy, History of Rome, c.10 BC jury. – William J Campbell, American jurist, A case is only an authority for what it There is no crime without a precedence. judge, US District Court, US News & World actually decides. I deny it can be quoted for – Seneca, Hippolytus, c. 60 AD Report, 19 June 1978 a proposition that may seem to follow The source of every crime is some defect in Those who make the attack ought to be very logically from it. Such a mode of reasoning understanding, or some error in reasoning, well prepared to support it. – Sir Giles assumes that the law is necessarily a logical or some sudden force of the passions. – Rooke, English jurist, Almgill v Pierson code, whereas every lawyer must Thomas Hobbes, Leviathan, 1651 (1797) 2 Bos. & Pull. 104 acknowledge that the law is not always CRIMINALS. [A] plaintiff must show that he stands on fair logical at all. – Hardinge Stanley Giffard, The act is not criminal unless the mind is ground when he calls on a Court of justice to English jurist, lord chancellor, Quinn v. administer relief upon him. – Sir Lloyd Leathem, 1901 criminal. – Legal maxim Kenyon, English jurist, lord chief justice, The job of the courts is not to dispose of Booth v Hodgson (1795), 6 T.R. 409 The wrathful man does not see the law. cases but to decide them justly. – Jim JURIES. Carrigan, American jurist, justice, Supreme – Publilius Syrus, 1st century BC Court of Colorado, 1977 DECISIONS. Let the judge answer the question of law; the jury on the question of fact. – Latin legal [Law is called] a glorious uncertainty. Out of thy mouth I will judge thee. phrase – Horace Mayhew, English journalist, 1848 – New Testament, Luke 19:22 Twelve good honest men shall decide in our COMPETITION. DEFENSE. cause, And be judges of fact though not One bush, they say, can never hide two Even God himself did not pass sentence judges of law. thieves. upon Adam before he was called upon to – William Pulteney, Earl of Bath, 1684-1764 – Aristophanes, The Wasps, 422 BC make his defense: “Adam, where are you?” Every new tribunal, erected for the decision CONSEQUENCES. ... “Have you eaten of the tree which I of facts, without the intervention of a jury ... is commanded you not to eat?” ... “Why did When anything is forbidden, everything a step towards establishing aristocracy, the you do that?” most oppressive of absolute governments. which leads to the same result is also – Old Testament, Genesis forbidden. – Latin legal saying – Sir William Blackstone, Commentaries on DOUBT. the Laws of England, 1765-1769 CONSTITUTION. An honest man can never surrender an JUSTICE. Our Constitution is in actual operation; honest doubt. Justice is blind, he knows nobody. everything appears to promise that it will – Walter Malone, 1866-1915 last; but in this world nothing is certain but – John Dryden, The Wild Gallant, 1663 death and taxes. – Benjamin Franklin, 13 DUE PROCESS. Justice, I think, is the tolerable Nov 1789 No man should be condemned unheard. – accommodation of the conflicting interests of Constitutions are intended to preserve Legal maxim society, and I don’t believe there is any royal practical and substantial rights, not to That no man of what estate or condition, road to attain such accommodations maintain theories. shall be put out of land or tenement, nor concretely. – Learned Hand, Life, 4 Nov – Oliver Wendell Holmes Jr., 194 U.S. 451, taken nor imprisoned, nor disinherited, nor 1946 457 (1904) put to death, without being brought in LAW. ...the ultimate touchstone of constitutionality answer by due process of law. – Statute of Every law has a loophole. – Proverb Westminister, c. 13th century is the Constitution itself and not what we Where no law is, there is no transgression. have to say about it. ERRORS. – Bible, New Testament, Romans 4:15 – Felix Frankfurter, 306 U.S. 466 (1939) A free publication. For imprisoned people only, – page 64 – who can reproduce it without permission. ` August 2019 The law is good if a man use it lawfully. – Oliver Wendell Holmes Jr., US Supreme – Sir John Willes, English jurist, King v – Bible, New Testament, 1 Timothy 1:8 Court justice, in The Common Law, 1881 Shipley (1784), 3 Doug. 177 Taking the law into one’s own hands. For law’s sake only, to be held in bonds? NATURAL LAW. – Aesop, Fables, c.620-560 BC – Algernon Charles Swineburne, Mary It would not be correct to say that every Law can never issue an injunction binding Smart, 1881 moral obligation involves a legal duty; but on all [parties] which really embodies what is It is the capacity to command free assent every legal duty is founded on a moral best for each; it cannot prescribe with perfect that makes law a substitute for power. The obligation. – John Duke Coleridge, English accuracy what is good and right for each force of legitimacy — and conversely the jurist, lord chief justice, The Queen v. Instam member of the community at any one time. habit of voluntary compliance — is the (1893) The differences of human personality, the foundation of the law’s civilizing and The law that will work is merely that variety of men’s activities and the inevitable liberalizing influence. Indeed ... law in this summing up in legislative form of the moral unsettlement attending all human sense is the very fabric of a free society. – judgment that the community has already experience make it impossible for any act Arichbald Cox, et al, Civil Rights, the reached. – Woodrow Wilson whatsoever to issue unqualified rules Constitution, and the Courts, 1967 NEED. holding good on all questions at all times. – In the whole history of law and order the Plato, Politicus, 427?-347 BC longest step forward was taken by primitive Inability suspends the law. – Latin legal Even when laws have been written down, man when, as if by common consent, the phrase they ought not always to remain unaltered. tribe sat down in a circle and allowed only No one is held bound to the impossible. – – Aristotle, Politics, c.322 BC one man to speak at a time. Latin legal phrase Law is a pledge that citizens of a state will – Derek Curtis Bok, “If We Are to Act Like The law does not seek to compel a man to do justice to one another. – Aristotle, Politics, Free Men...” Saturday Review, 13 Feb 1954 do that which he cannot possibly perform. – c.322 BC Crime is contagious. If the Government Legal maxim Law is reason free from passion. – Aristotle, becomes a lawbreaker, it breeds contempt OBEDIENCE. 384-322 BC for the law; it invites every man to become a A strict observance of the written laws is law unto himself; it invites anarchy. – Louis Time is the best interpreter of every doubtful doubtless one of the highest duties of a Brandeis, Olmstead v United States, 277 good citizen, but it is not the highest. The law. U.S. 438 (1928) – Dionysius of Halicarnassus, Antiquities of laws of necessity, of self preservation, of Rome, c. 20 BC This won’t be the first time I’ve arrested saving our country when in danger, are of a somebody and then built my case afterward. No law perfectly suits the convenience of higher obligation. ... To lose a country by a – James Garrison, district attorney, New scrupulous adherence to written law would every member of the community; the only Orleans LA consideration is, whether upon the whole it be to lose the law itself, with life, liberty, be profitable to the greater part. I’m not against the police, I’m just afraid of property and all those who are enjoying – Livy, History of Rome, c. 10 BC them. them with us; thus absurdly sacrificing the – Alfred Hitchcock (He actually feared the ends to the means. – Thomas Jefferson The precepts of law are these: to live police.) honorably, to injure no other man, to render No man is above the law and no man is every man his due. It is not better that all felony suspects die below it; nor do we ask any man’s – Justinian I, Institutes, c. 533 than that they escape. Where the suspect permission when we require him to obey it. poses no immediate threat to the officer and Obedience to the law is demanded as a There is no worst torture than the torture of none to others, the harm resulting from right; not asked as a favor. – Theodore laws. failure to apprehend him does not justify the Roosevelt – Francis Bacon, “Of Judicature,” Essayes, use of deadly force to do so. – Byron T OPINIONS. 1597 White, Tenn. v Garner, US Supreme Court Laws are spiders’ webs, which stand firm Our opinions are best provisional decision, 27 Mar 1985 hypotheses. when any light and yielding object falls upon LEGAL STUDIES. them, while a larger thing breaks through – Learned Hand, American jurist them and escapes. – Solon, Diogenes To be a lawyer you have to learn to work off It is true of opinions as of other compositions Laertius, Lives of Eminent Philosophers, 3rd of precedents and to explore statutory that those who are seeped in them, whose Century ambiguities. But you should also ears are sensitive to literary nuances, whose understand that the law is not a disciplined antennae record subtle silences, can gather Possession is nine points of the law. set of rules. The landscape in which the law – Thomas Fuller, Holy War, 1608-1661 from their contents meaning beyond the exists is changing. words. – Felix Frankfurter Where good laws are, much people flock – Charles Halpern, American educator, PLEAS. thither. dean, – Benjamin Franklin, Poor Richard’s City University of New York Law School at It’s only because we have plea bargaining Almanack, 1734 Queens College, New York Times, 14 Sep that our criminal justice system is still in Let all laws be clear, uniform, and precise; 1982 motion. That doesn’t say much for the to interpret laws is almost always to be quality of justice. – Dorothy Wright Wilson, MOTIVES. dean, University of S. California Law Center corrupt. The act does not constitute a criminal unless – Voltaire, Philosophical Dictionary, 1764 Because of plea-bargaining, I guess we can the mind is criminal. – Latin legal phrase say, “Gee, the trains run on time.” But do we The standards of the law are standards of Acts indicate the intention. – Legal maxim general application. The law takes no like where they are going? – Franklin E account of the infinite varieties of An act against my will is not my act. – Legal Zimring, American educator, professor, temperament, intellect, and education which maxim University of Chicago make the internal character of a given act so What passes in the mind of man is not POWER. different in different men. It does not attempt scrutable by any human tribunal; it is only to Power delegated cannot exceed that which to see men as God sees them. be collected from his acts. was its origin. – Legal maxim PRECEDENTS. A free publication. For imprisoned people only, – page 65 – who can reproduce it without permission. ` August 2019 The doctrine of the law then is this: that equal terms. – Earl Warren, Brown v. Board It is a vain thing to imagine a right without a precedents and rules must be followed, of Education of Topeka, 347 U.S. 483; 74 S. remedy; for want of right and want of remedy unless flatly absurd or unjust; for though Ct. 686 are reciprocal. – Sir John Holt, English jurist, their reason be not obvious at first view, yet The First Amendment is often inconvenient. chief justice, Ashby v. White (1703) 2 Raym. we owe such a deference to former times as But that is beside the point. Inconvenience 953 not to suppose that they acted wholly does not absolve the government of its That great principle of the common law without consideration. – Sir William obligation to tolerate speech. which declares that it is your duty so to use Blackstone – Justice Anthony M. Kennedy. U.S. and exercise your own rights as not to cause When a judge challenged Rufus Choate, the Supreme Court injury to other people. famous Massachusetts lawyer, to cite a RULE OF LAW. – Sir Charles James Watkin Williams, precedent for his argument before the court, English jurist, Gray v. North-Eastern Rail. Co he replied: “I will look, your honor, and What due process of law means to (1883) 48 L.T.R. 905 Americans ... is bound up with our traditional endeavor to find a precedent if you require it; TRIALS. though it would seem a pity that the court notions of Magna Carta. Whether all that should lose the distinction of being the first to has been read into [that] document is ... It is abominable to convict a man behind his establish so just a rule.” – Rufus Choate legally sound, is not of first importance; belief back. itself is a historical fact, ... legend and myth – Sir John Holt, English jurist, chief justice, The life of the law has not been logic; it has cannot be left out of account on tracing the The Queen v. Dyer (1703) 6 Mod. 41 been experience. – Oliver Wendell Holmes sequence of cause and effect. – Helen M Jr. In criminal trials a state can no more Cam, English historian discriminate on account of poverty than on There is no superstitious sanctity attached to Too often, practitioners of the law are ... not account of religion, race or color. precedent ... Courts can only maintain their creators of legal justice and do not, in fact, – Hugo Black, Griffin v. Illinois, 351 U.S. 12, authority by correcting their errors to accord understand, the philosophical bases of law, 19; with justice and the advance and progress of its ultimate goals, or its importance ... in a 76 S. Ct. 585; 55 A.L.R.2d 1055 (1956) each age. – Walter Clark, American jurist democratic society. It should be the role of Guilt or innocence become irrelevant in a The law can be compared to the fictional universities to constantly explore the criminal trial as we flounder in a morass of Killy-loo bird, a creature that insist on flying possibilities of improving the rule of law, of artificial rules, poorly conceived and often backward because it didn’t care where it was constantly studying the extension of the rule impossible of application. Like the hapless going but was mightily interested in where it of law, of constantly working for the centipede on the flypaper, our efforts to had been. – Fred Rodell, professor, Yale universalization of the basic principles which extricate ourselves from this self-imposed Law School lead to an international conformity of basic dilemma will, if we keep it up, soon have all PREJUDICE. law. It should be the role of universities to of us immobilized. – Warren E Burger, study the extension of law to other areas of We must be ever on our guard, lest we erect justice, US Supreme Court, Washington human disputes and arguments and Post, 26 May 1969 our prejudices into legal principles. – Louis violence, so as to substitute basic principles Brandeis, justice, US Supreme Court, New and rational procedures for prejudice and Those who think that the information brought State Ice Co v. Liebmann, 285 U.S. 262, violence. – Robert John Henle, American out at a criminal trial is the truth, the whole 311 (1932) educator, president, Georgetown University truth, and nothing but the truth are fools. PROSECUTION. Prosecuting or defending a case is nothing SELF-INCRIMINATION. more than getting to those people who will Those who make the attack ought to be very The critical point is that the Constitution talk your side, who will say what you want well prepared to support it. – Sir Giles places the right of silence beyond the reach said. ... I use the law to frustrate the law. Rooke, English jurist, Almgill v. Pierson of government. But I didn’t set up the ground rules. – F Lee (1797), 2 Bos. & Pull. 104 – William O Douglas, justice, US Supreme Bailey, New York Times Magazine, 20 Today, the grand jury is the total captive of Court, Ullman v. United States, 350 U.S. September 1970 the prosecutor who, if he is candid, will 422, 76 S. Ct. 497 (1956) [Preparation] is the be-all of good trial work. concede that he can indict anybody, at any SENTENCES. Everything else — felicity of expression, time, for almost anything, before a grand improvisational brilliance — is a satellite jury. – William J Campbell, American jurist, The toughest part of this job is sentencing. I’ve lost all kinds of sleep over sentences. I around that sun. judge, US District Court, US News & World – Louis Nizer, Newsweek, 11 December Report, 19 June 1978 find it dreadful. – Malcolm Muir, American jurist, judge, 1973 PUNISHMENT. United States District Court, San Francisco To work effectively, it is important that No pain equals that of an injury inflicted Examiner & Chronicle, 8 March 1981 society’s criminal process “satisfy the under the pretense of a just punishment. – SEVERITY. appearance of justice,” ... and the Luperico Leonardo de Argensola, Spanish appearance of justice can best be provided poet and dramatist, Sonetos There is a point beyond which even justice by allowing people to observe it. – Warren E becomes unjust. – Sophocles, Electra, c. RIGHTS. Burger, Richmond Newspapers Inc v. 409 BC Virginia, 488 U.S. 555; 100 S. Ct. 2814 Rights are lost by disuse. – Latin legal SUPREME COURT. phrase (1980) By the very nature of the functions of the TRUTH. The laws assist those who are vigilant, not Supreme Court, each member of it is subject those who sleep over their rights. – Legal And, finally, that truth is great and will prevail only to his own sense of the trusteeship of if left to herself; that she is the proper and maxim what are perhaps the most revered traditions In these days, it is doubtful that any child sufficient antagonist to error; and has on our national system. nothing to fear from the conflict unless by may reasonably be expected to succeed in – Felix Frankfurter, 63 Harvard Law Review, life if he is denied the opportunity of an human interposition disarmed of her natural 1, 2 (1949) weapons, free argument and debate; errors education. Such an opportunity, where the TORTS. State has undertaken to provide it, is a right ceasing to be dangerous when it is permitted which must be made available to all on freely to contradict them. – Thomas Jefferson A free publication. For imprisoned people only, – page 66 – who can reproduce it without permission. ` August 2019 Truth and falsehood, it has been well said, and the harms it would cause if improperly When writing to women, please substitute are not always opposed to each other like administered. – Pres. Lyndon B. Johnson the appropriate word(s) in parentheses for black and white, but oftentimes, and by A word must become a friend or you will not the previous word(s) shown. design, are made to resemble each other so understand it. Perhaps you do well to be Attorney as to be hardly distinguishable; just as the cool and detached when you are seeking counterfeit thing is counterfeit because it address Mr. John(Ms. Jane) Smith information, but I remind you of the wife who Attorney at Law resembles the genuine thing. – Sir Anthony complained, “When I ask John if he loves Cleasby, English jurist, Johnson v. Emerson, me, he thinks I am asking for information.” –or– (1871), L.R. 6 Ex. Ca. 357. – Sir Edward Coke, Case of Swans (1592) 7 John(Jane) Smith, Esq. All sides in a trial want to hide at least some Rep. 15, 17 salutation Dear Mr.(Ms.) Smith: of the truth. The defendant wants to hide the In the case at bar, also, the logic of words Attorney General (state) truth because he’s generally guilty. The should yield to the logic of realities. – Louis defense attorney’s job is to make sure the address The Honorable John(Jane) Smith D Brandeis, Justice, US Supreme Court, Di Attorney General State of _____ jury does not arrive at that truth. The Santo v. Pennsylvania, 273 U.S. 34; 47 S. prosecution is perfectly happy to have the Ct. 267 (1927) salutation Dear Mr.(Madam) truth of guilt come out, but it, too, has a truth Attorney General: Words, after all, are symbols, and the to hide; it wants to make sure the process by Attorney General (US) which evidence was obtained is not truthfully significance of the symbols varies with the presented because, as often as not, that knowledge and experience of the mind address The Honorable John(Jane) Smith process will raise questions. – Alan M receiving them. – Benjamin N Cardozo, Attorney General of the United Derschowitz, US News & World Report, 9 Cooper v. Dasher, 290 U.S. 106, 54 S. Ct. 6, States August 1982 78 (1933) salutation Dear Mr.(Madam) TYRANNY. We live by symbols, and what shall be Attorney General: symbolized by any image of the sight Chief Justice (US Supreme Court) The purpose of law is to prevent the strong depends upon the mind of him who sees it. from always having their way. – Ovid, – Oliver Wendell Holmes Jr., justice, US address The Chief Justice of the United Roman poet, Fasti, ch. 8 Supreme Court States It is from petty tyrannies that larger ones There is no surer way to misread a salutation Dear Mr.(Madam) Chief take root and grow. This fact can be no document than to read it literally. – Learned Justice: more plain than when they are imposed on Hand, American jurist, Guiseppi v. Walling, –or– the most basic rights of all. Seedlings 324 U.S. 244, 65 S. Ct. 605 (1944) planted in the soil grow great, and, in Sir:(Madam:) growing, break down the foundations of Law has always been unintelligible, and I Chief Justice/Associate Justice (US liberty. – Wiley B Rutledge, Thomas v. might say that perhaps it ought to be. And I Supreme Court) Collins, 323 U.S. 516; 65 S. Ct. 315 (1944) will tell you why, because I don’t want to deal in paradoxes. It ought to be unintelligible address The Honorable John(Jane) Smith WITNESSES. because it ought to be in words — and One eye-witness is worth more than ten who words are utterly inadequate to deal with the salutation Dear Mr.(Ms.) Smith: tell what they have heard. – Plautus, Roman fantastically multiform occasions which –or– playwright, Truculentus come up in human life. – Learned Hand, Dear Mr.(Madam) Justice: American jurist, “Thou Shalt Not Ration We better know there is a fire whence we Clerk (County) see much smoke rising than we could know Justice,” Brief Case, 4 November 1951 it by one or two witnesses swearing to it. A word may denote to an advocate address The Honorable John(Jane) Smith The witnesses may commit perjury, but the something which he wished an audience to salutation Dear Mr.(Ms.) Smith: smoke cannot. – Abraham Lincoln understand; yet it may have communications Clerk (of a court) There is an old story of blind men trying to which will produce antagonistic impression. address John(Jane) Smith, Esq. describe an elephant. One felt it’s leg and The resulting ambiguity can lead to Clerk of the Court of _____ declared that the elephant was like a tree; misunderstanding of meaning. In 1954, another felt its enormous side and said the such a connotative ambiguity victimized salutation Dear Mr.(Ms.) Smith: elephant was like a wall; while a third felt the Secretary of Defense Charles Wilson. District Attorney tail and was positive that the elephant was Discussing the plight of unemployed workers address The Honorable John(Jane) Smith like a rope. Each man had a notion of reality while in Detroit, Wilson expressed the District Attorney opinion that they should show more initiative that was limited by the number and kind of salutation Dear Mr.(Ms.) Smith: attributes he had perceived. – Wayne C in seeking reemployment, and concluded Minnick, American educator, saying, “Personally, I like bird dogs better Governor The Art of Persuasion, 1957 than kennel-fed dogs ... bird dogs like to go address The Honorable John(Jane) Smith out and hunt for food, but the kennel-dogs Governor of _____ WORDS. just sit on their haunches and yelp.” – All laws are promulgated for this end: that Wayne C Minnick, American educator, The salutation Dear Governor Smith: every man may know his duty; and therefore Art of Persuasion, 1957 Judge (federal) the plainest and most obvious sense of the address The Honorable John(Jane) Smith words is that which must be put on them. – FORMS OF ADDRESS AND Judge of the United States Sir Thomas More, Utopia, 1516 SALUTATIONS District Court for the _____ The heaviest thing that is, is one “et cetera.” District of _____ – John Florio, Firste Fruites, 1578 Forms of address for use in external addresses on envelopes and in internal salutation Sir:(Madam:) –or– Dear You do not examine legislation in the light of addresses on letters. Salutations for use as Judge Smith: the benefits it will convey if properly the greeting in a letter. Judge (state or local) administered, but in the light of the wrongs

A free publication. For imprisoned people only, – page 67 – who can reproduce it without permission. ` August 2019 address The Honorable John(Jane) Smith “The defendant filed the Habeas Corpus then” for purposes of determining parole Judge of the United States in court,” eligibility. salutation Sir:(Madam:) –or– Dear “DA Smith charged John Doe with four Obviously, as victims of people’s need to Judge Smith: felonies,” “define” others, we take great interest in the Lieutenant Governor “A witness described the suspect’s meanings and usages of words. Notice that behavior as violent,” people habitually define others as they address The Honorable John(Jane) Smith define inanimate objects. Join in the E- Lieutenant Governor of _____ “The police suspect him of terrorist Prime movement and take a step closer to salutation Dear Mr.(Ms.) Smith: activity,” or reality. Mayor “A neighbor says he saw him entering the Criminal. One who has committed a crime, house.” address The Honorable John(Jane) Smith or one whom a court has convicted of Mayor of _____ Notice how the E-Prime versions show who committing a crime. Thus, according to acted (“defendant filed” “prosecutor charged” salutation Dear Mayor Smith: standard English: Once a criminal, always a “the witness described,” etc) as compared to criminal. President (US) the common, but more passive and vague Convictions. Clearly, equating a person address The President versions from popular English usage. with a stereotype using standard English The White House Where possible, the We the People Legal fails to represent reality. Let’s face the facts: salutation Dear Mr. President: Primer uses E-Prime because of its “active anyone can hurt others, steal, or lie; and, voice,” its use of fewer words, and its more Representative (state) thus, everyone has the potential for direct and honest reference to and becoming an “assailant,” a “thief,” or a “liar.” address The Honorable John(Jane) Smith description of reality. The author E-Prime helps to eliminate the tools salutation Dear Mr.(Ms.) Smith: encourages readers to use English Prime in necessary for us to “label people.” Also, the their writings, speech, and thoughts, and he Representative (US) constitution empowers only courts to convict recommends lots of practice with it. a defendant — defendant’s cannot convict address The Honorable John(Jane) Smith Of grave importance to convicted persons, themselves. Thus, “being a convict” (forgive United States House of the use of my standard English) always results from an Representatives E-Prime eliminates the definitions of persons act of a court, but not always from an act of salutation Dear Mr.(Ms.) Smith: that has plagued our thoughts and a defendant. As everyone knows, courts Secretary of State (state) reasoning for ages. Consider, for example, haven’t convicted some people who did address The Honorable John(Jane) Smith the declaration that: commit a crime, while courts have convicted Secretary of State “John Doe is a thief.” some people who did not commit a crime. State Capitol This horrifically powerful sentence declares Be aware that many wrongful convictions by him as only a thief and nothing but a thief, courts amount to “over-convicting” salutation Dear Mr.(Madam) defendants, for example, finding them guilty Secretary: and that he can never amount to anything other than a thief. It also implies of murder instead of manslaughter, or guilty Senator (state) interchangeability between him and a thief. of seven burglaries instead of the three that address The Honorable John(Jane) Smith Need a thief? Enlist John Doe who, with the they actually committed. The State Senate robot-like mentality that the above statement Ex-convict? A “convict” means someone State Capitol attributes to him, will exercise the thievery convicted — “someone found or declared salutation Dear Senator Smith: skills required. The statement implies a guilty of an offense or crime.” So, would the Senator (US) present and persistent state — “thief” means word “ex-convict” mean “someone formerly “someone who steals” and makes the found or declared guilty of an offense or address The Honorable John(Jane) Smith statement mean “John Doe is someone who crime?” Doesn’t make sense, does it? It United States Senate steals” or “John Doe steals” — as if he steals doesn’t make sense because the word “ex- salutation Dear Senator Smith: right now — a present and ongoing activity! convict” doesn’t really exist – at least not in Such lousy thinking involved with that poor dictionaries – but only in the minds of wishful ENGLISH GRAMMAR AND wording forces people to come to grips with thinkers. The same holds true for the word USAGE the difficulty of ever determining that: “ex-offender.” It doesn’t exist in dictionaries. If we support the fallacy of the standard English Prime (also E-Prime or E´) “John Doe is no longer a thief.” English language for labeling people, then: A variation of the English Language called To say today “This is an orange” and to say once a convict, always a convict; once an “English Prime” or “E-Prime” represents tomorrow (about the same thing) “This is not offender, always an offender. reality in a more accurate and more positive an orange” goes against our reasoning, Expirations. In standard English, all other manner. English Prime does this by not even though it has rotted into an unfamiliar such labels have expirations dates. When using any form of the verb “to be” (am, are, mess. Once we define John Doe as a thief, someone stops managing, people stop is, was, were, aren’t, isn’t, wasn’t, weren’t, we cannot then re-define him as a non-thief. labeling him as “a manager.” When I’m, you’re, he’s, she’s, it’s, we’re, they’re). These types of declarations in standard someone stops waiting on tables, people Instead of writing, English have no expiration date – they exist stop labeling her as “a waitress.” You “The Habeas Corpus was filed in court,” forever! Instead, consider an E-Prime certainly understand the obvious point here. “John Doe was charged with four version: Try asking a classification or parole board felonies,” “John Doe stole a car in 1989.” when the label of “convict,” “offender,” “killer,” “thief,” or whatever expires. (if you “The suspect was violent,” Such an E-Prime statement corresponds with reality in every detail. It defines the do this, try asking politely.) They may not “He is a terrorist,” or single criminal act which concerns the love you for it, but it certainly may give them “He was entering the house,” government and, of which, the government cause to think. (A sarcastic response from someone using English Prime might write: found him guilty. It allows the government to them: “Isn’t that up to you, Mr. Doe?”) consider what John Doe “has done since Everyone has a nasty label. As a little kid, we all have stolen something or lied. So, by A free publication. For imprisoned people only, – page 68 – who can reproduce it without permission. ` August 2019 using standard English, “Everyone is a thief subject of the sentences, the actions, and Sapir–Whorf–Korzybski Hypothesis and a liar” – FOREVER. Virtually everyone the overall idea conveyed: “John murdered This hypothesis (theory) implicitly includes has exceeded the speed limit at some point Fred,” but “Police charge Jane.” Some the topic of English Prime described in the in their lives. Thus, “Nearly everyone is a media accounts regarding female suspects section above. speeder.” And the Bible says, “everyone is never actually state the charge. For a sinner!” (Speaking of labels, some Bible whatever reason, society seems to hold men Three linguists (Edward Sapir 1897-1941, scholars find interest in the passage where more accountable for their actions than Benjamin Whorf 1884-1939 [not the Star God allows Adam to “name” things.) women. Perhaps men should get some fair Trek alien], and Alfred Korzybski 1879-1950) play … at least from the media. contributed their ideas about language and Final point. Do we all look at each other perception to their hypothesis which, in and recognize ourselves as the eternal liars, Media — The black birds that sit on essence, states: thieves, speeders, and sinners that the false tombstones. The media in general, and not and harmful labeling process makes of all of just the paparazzi, should bear the nickname The grammar and the words and their us, or do we honestly confront the labeling of “black birds that sit on tombstones.” definitions that a person uses also influences and process and admit that it contains fatal flaws ····························································· that cannot survive any test against reality?? shapes The Dehumanizing of a Person Involves that person’s perception of reality. ····························································· Words The author of this legal primer believes this, Media Spin and Its Savage Games of Criminality begins with potential perpetrators Words and encourages readers: to acquire a dehumanizing potential victims in their own dictionary and a thesaurus (thih-SOAR-us), Subjects, Actions, and Offenses. Pay minds. to expand their vocabulary, to pay closer careful attention to the subject of sentences, Anthropomorphism (Greek: anthropos = attention to subtle shades of meaning the verbs (actions), and the descriptions of human, morphe = shape) refers to attributing among seemingly identical words, and events. “The state will try John Doe for the human motivation, characteristics, or perhaps to learn a new language. To quote murder of Fred Smith.” Already, the author behavior to inanimate object, animals, or an old adage: of that statement has declared Smith’s death natural phenomena. This amounts to as, not only a crime, but also murder. “John “To learn another language is to gain describing: mountains as “wise,” animals as another soul.” Doe murdered Fred Smith, according to “loving,” and storms as “angry.” Language police.” Notice the subject and verb, and experts consider anthropomorphism as poor ····························································· notice the disclaimer which, although and undeveloped thinking or, at best, poetic Writing Arabic (Standard) Numerals grammatically correct, comes a bit too late or humorous language. Arabic numerals refer to our standard psychologically — the tabloid-style “John Likewise, attributing animal characteristics, numbers (0 through 9) as compared, for murdered Fred” statement (not a claim) has example, to Roman numerals. (European done its damage in the readers’ minds. motivation, or behavior to humans also comes from poor and underdeveloped languages adopted and modified these Fair coverage. If the media wanted truly fair thinking. This amounts to describing a numerals from the Arabic language.) coverage of the news, it would use English person as “a monster,” “an animal,” and so Anyway, when writing numbers one through such as: “Police label Fred Smith’s death a on. People should consider these uses as nine in a sentence, write out the names of murder,” and “Police bring murder charge serious prejudices and as inhuman roots of the numbers (one, two three, ...). When against John Doe.” But the media doesn’t evil and criminality. This thinking writing numbers greater than nine, use the focus on what the police do because it dehumanizes people and allows the Arabic numerals (10, 11, 12, ...). For doesn’t sell newspapers or airtime. Instead, perpetrator to treat humans as something example, “...four of the nine justices...” as the media uses current police actions as other than human. (Consider the excuses compared to “...the 50 states...” However, “stalking horses” to snipe and defame used by death penalty proponents.) spell out all numbers that begin sentences; criminal defendants. for example, “Fifty police officers raided the A person, who attributes animal or sub- house.” Use Arabic numerals when citing Media, the illegal forum. The police, human characteristics to another person, prosecutors and media work hand-in-hand legal publications – do not convert them to lowers him or herself into the dangerous and words. to try criminal defendants in the public forum frightening realm of criminality. People, who prior to the court trial. They ruin a use such an attitude, strip their victims of ··························································· defendant’s chance of a trial before a fair more than their personal identity – they strip Roman Numerals and impartial jury, and they know that they them of their human identity. Thus, the Some legal authors and authorities continue do this. The state, and the media as its potential perpetrator begins by thinking to use Roman numerals to enumerate henchmen, unilaterally inject copious about and looking upon their victim as pages, paragraphs, sections, the year, and amounts of accusations, both true and false, something non-human, something not so on. into the public. The defendant should not — deserving of human consideration and I = 1 V = 5 X = 10 L = 50 cannot — effectively defend himself in this respect. illegal forum without giving away his legal C = 100 D = 500 M = 1,000 defense for use later in court. Thus, the state This potential for criminality applies to Reading. Read Roman numerals from left and the media poison the public and prevent regular citizens and also to the media, to right; add the values as you read. Add the defendant from later defending himself in police, prosecutors, jurors, judges, equal valued numerals together; also add front of a fair and impartial jury. The state executioners, parole boards, and other smaller numerals that follow larger ones. and its media henchmen sadistically crucify government officers. Thus people in But – subtract a smaller numeral from the the unfortunate defendant and government can consider warehousing, larger numeral that it comes before. Thus, psychologically brutalize his family and torturing, and murdering their victims without the belief that they do these things to VI = 6 … but IV = 4 MC = 1,100 … friends. And they perform an injustice to but CM = 900 society in general. humans – because they look upon their targets as animals. This one “is a monster,” Writing. Write Roman numerals from left to Gender spin. Notice how newspapers and that one “is an animal,” and so on. right starting with the largest available newscasters word accusations differently for We lose track of reality when we start values. Thus, “327” begins “CCC...” which men and women: “John Doe murdered Fred means 300. Don’t use more than three I’s or Smith, according to police,” but “Police arrest labeling people. Jane Doe in Fred Smith’s death.” Notice the ····························································· A free publication. For imprisoned people only, – page 69 – who can reproduce it without permission. ` August 2019 X’s or C’s; instead, use the subtract rule. Symbols. Finally, unless legal papers, court release their energies quickly and cause you Thus, decisions and so on commonly use a energy “highs” followed by energy “lows.” CD (not CCCC) = 400 ix (not viiii) = symbol, you should use words for all Eat mostly complex carbs. 9 questionable symbols that you want to use. Brain food. Brain cells don’t store energy Mostly, you need to take care not to use “&” Don’t subtract a V, L, or D because VX = 10 as muscle cells do. They cannot “carbo and “%” (instead, spell out “and” and load.” All brain energy must come from the – 5 = 5, which is just V; LC = 100 – 50 = 50, “percent”). which is just L; and DM = 1000 – 500 = 500, bloodstream as brain cells need it. Their which is just D. ····························································· lack of storage can cause brains to suffer A More Accurate “I Before E” Rule from sugar highs and lows when blood Use Roman numerals as capitals sugar levels rise and fall. An excellent (MCMXXIV = 1,924) or as small letters (xvii “I before E when sounding like ‘ee’ except after C.” reason to provide steady and dependable = 17). Both styles can represent to the streams of energy (complex carbs) to your same value. However, don’t use capitals for This rule applies to more words than does mind and body. small letters or vice versa. Thus, don’t write the longer and more popular rule. Of “XVII” for a page originally numbered as course, when in doubt, look it up! Tell me no lies. The TV commercial “xvii.” And, don’t mix capitals and small describing a candy bar [obviously eaten on letters together (don’t write “LVii” or “xXIiI”). YOUR HEALTH AND YOUR an empty stomach] as supposedly holding someone over until dinner falsely represents ··························································· FREEDOM the facts about simple carbs. Slow but Using “Who” and “Whom” — A Sound Mind in a Sound Body — steady [complex carbohydrates] win the race Who. Use “who” as the “doer” of an action. Alcohol, drugs, nicotine, and caffeine. – especially as we grow older and suffer Thus, “Who cooked dinner?”, “The guy who People use these chemicals in blind diabetes-like symptoms. drove the car.” attempts to solve non-chemical problems, Dietary fiber. People laugh about fiber Whom. Remember the “Ends With M” Rule: such as: fear, anger, stress, boredom, (formerly called roughage), but they also cry Use “whom” as you would use “him” or abuse, laziness, lack of sleep, general about constipation, straining on the toilet, “them.” Thus, dissatisfaction with life, low self-esteem, etc. and hemorrhoids. Make the healthy choice. “by them” – “by whom” “ask him” – “ask You can’t “fit a square peg into a round We get fiber from vegetables and fruits. whom” hole.” Learn more effective coping skills, live Vitamins. Vegetables also provide the “against whom” “with whom” “toward life honestly, and give up the chemical great amounts of vitamins which our bodies whom” “crutches.” use for various serious purposes. Look up and the ever popular, “To Whom It May Nutrition. Proper nutrition involves: amino kale, a veggie awesomely fortified with Concern:” acids, vitamins, and steady dependable vitamins! energy. Many people care for their car Stress. Human bodies react when exposed ····························································· better than their own bodies. Using “Its” and “It’s” to stress. One reaction causes the body to Amino acids. Cells link amino acids into literally “piss away” the important B-complex Its. Shows ownership without the usual chains called proteins, which the cells use to vitamins (B-1, B-2, B-6, and B-12). The apostrophe (to eliminate confusion). Thus, regulate their health and to repair, to nervous system needs these vitamins. “The dog bit its tail,” and “The court reversed change, and to grow. Cells use proteins as Prison life can cause stress, and prisoners its decision.” carriers of information, instruments of should eat more foods high in B vitamins or It’s. A contraction that replaces “it is.” “It’s a operations, and as building blocks of the cell they should take supplements. boy!”, itself. Most people get the bulk of their Meals in general. Eat three sufficient and “It’s a nice day,” and “It’s my motion, Your proteins from meats, fish, and dairy regular meals per day to provide regular Honor.” products. amounts of what we need. Consistency in ····························································· Water. Almost every chemical reaction in the scheduling and nutrition of meals allows Spell Out Contractions, Abbreviations the body involves water. Extra water must our bodies to learn to fit their digestion into and Symbols be taken with meats and proteins in order to our bodies’ busy daily routine. Contractions. Most people use “dissolve” them into their amino acids. Our Aging process. As we age, our bodies’ contractions while speaking and in writing bodies absorb amino acids – not proteins. ability to provide sustained energy declines, letters. However, strictly speaking, the use So drink extra water when you eat proteins. giving us diabetes-like symptoms. Older of contractions assumes a casual attitude Energy sources. If your body does not people find that eating smaller main meals, between the writer and reader. Although obtain enough energy from non-protein with snacks in between them, helps sustain lawyers may use contractions, such as foods, it will “burn” proteins for fuel instead their energy. This failure to sustain energy “don’t,” in speaking to a judge, written legal absorbing their amino acids. Eat enough may account for the desire by old people to briefs require a more formal attitude. Thus, non-proteins (carbohydrates) to fuel your take “cat naps”. try to use complete words instead of body when you eat meats. Exercise. Everyone should exercise. contractions. One exception – possessives, Essential amino acids. Nutritionists have Period. Sedentary or incarcerated people such as: “the court’s ruling,” “the defendant’s identified eight essential types of amino should purposely make exercise part of their lawyer,” and “the DA’s claim.” acids out of the 20 types that our bodies use. daily routine. Aerobic exercising (walks, light Abbreviations. Likewise, unless legal “Essential” mean we must obtain them in our work) helps the most. If you do heavy papers, court decisions, etc commonly use food because our bodies cannot (anaerobic) workouts, which usually involves an abbreviation, spell all questionable manufacture them. Learn about essential weights, workout every other day for abbreviations that you want to use. Use amino acids and eat enough of them. maximum gains and benefits. abbreviated titles such as “Mr.” “Ms.” “Dr.” Carbohydrates. Carbohydrates, especially Sleep and rest. People abuse sleep and “Sr.” and “Jr.” Unlike the author of the We complex carbohydrates, provide our bodies rest more than they do drugs and alcohol. the People Legal Primer, you need to follow with steady and dependable streams of At least seven hours (better with eight) of all abbreviations with periods. Thus, use energy. Complex carbs, formerly called solid sleep at night provides our bodies – “U.S.” instead of “US,” “etc.” instead of “etc,” starches, release their energies slowly. and minds – with enough rest and repairs. and so on. Simple carbs, from fruits or refined sugars, Also, a recent study shows that a lack of A free publication. For imprisoned people only, – page 70 – who can reproduce it without permission. ` August 2019 enough deep sleep causes fat build up in in his mind to fall out of the tree. Tell Our thoughts work along subconscious men’s bodies. yourself, “I don’t want to be broke,” or, “I undercurrents of communication. These Sleep schedule. Changing your sleep don’t want to be lonely,” and, guess what? channels of communication allow us to schedule – going to bed or rising, even by You end up broke or lonely – or both! This attract the people, the circumstances, the an hour or two, will shift your daily cycle and helps explain why you can drive your old forces, and the information which harmonize cause you to operate at a decreased mental wreck for years without a scratch, and then with the nature of our dominating thoughts. and physical capacity for several days – the first day with your new shiny set of This “secret” closely relates to the first similar to “jet lag” caused by flying between wheels, you end up remodeling the whole “secret.” So, now we know that pure luck time zones. Find a sleep schedule that front end! does not account for being in the right place works for you. Practice it habitually, and it Do you really expect to go into a store and at the right time, just happening to meet the will help keep you in peak form. So, do not tell the clerk, “I don’t want peanut butter, milk right people, as well as other kinds of so- study late into the night for your court or bread,” and then go home with what you called “coincidences.” This attraction works hearing the next day. do want? You must learn to want the separately from our conscious efforts to “donut” instead of not wanting the “hole.” In make things happen, and so, we don’t Mental health. (Refer to the poem consciously see the connection. We end up “Desiderata.”) other words, two wrongs don’t make a right. For clarity, I’ve underlined two negatives: To perceiving these things as “coincidences.” Spirituality. (Refer to the poem not want the hole does not naturally bring And how often have you found yourself in a “Desiderata.”) your subconscious to focus on wanting the situation that you said that you didn’t want to donut. You must focus on wanting the happen? Although we can attract to us THE STRANGEST SECRET IN donut. those things that we want, this process THE WORLD Thoughts work like muscles. Thoughts works with all thoughts – including thoughts — You will become what you think about behave exactly like muscles in that, the involving worry and hate. As humans, we most — more you exercise them, the stronger they tend to occupy our thoughts mostly with what we love most and what we fear or hate How often have you found yourself doing become; the less you exercise them, the weaker they become. Exercising productive most. Thus, we can also attract to us those something that you told yourself that you things which we fear or hate. didn’t want to do? Have you ever told thoughts strengthens them. Not exercising yourself, “I must not forget her birthday,” and destructive thoughts allows them to become For those people who believe in some form then you forget about it? Ever told yourself, flabby and weak. of God, to fear means to not trust God and “I don’t want to screw up,” and then you Practice positive thinking. Positive to discount God’s power and importance in screw up? Ever tell yourself, “I can’t afford thinkers dwell on what they want, and then their lives. to lose this [whatever],” and then you lose it? they naturally gravitate toward their goals. Successful people move themselves toward You will gravitate toward whatever you think Always think about what you want. When their successes; whereas, “losers” try to run about most. you do, your mind will work on your goals away from their failures and almost never A true story (although I forget the name of both consciously and subconsciously, day reach success. The ancient Chinese had a the pitcher). A major league pitcher faced a and night. You will dream about your goals, saying: When you don’t know where you’re tough hitter. He knew that this guy could hit whether you know it or not. You will wake going, any road will do.” low-and-outside pitches. He knew that he up with ideas and possibilities in mind. You Realize that the strangest secret in the world didn’t want to pitch low and outside. His will find yourself in “the right place at the right works both internally (within ourselves) and manager even came out and reminded him time.” You will find yourself around people externally (outside of ourselves). to not pitch low and outside. He pitched the more positive and helpful to your goals. You ball, which went low and outside, and the will find yourself in the library looking at the DESIDERATA batter hit it out of the park. Afterward, the books to help you. And you will find yourself reaching those goals which you desire most. Go placidly amid the noise and haste, pitcher furiously stormed off the mound and remember what peace there may be in vowing to himself to never again focus on So focus on the donut. Tell your kid, “Play silence. what he didn’t want to do! more quietly,” “Draw on this pad of paper,” As far as possible without surrender, Earl Nightingale, world-renowned self-help or “Hang on.” And tell yourself, “I want to be on good terms with all persons. speaker, described the following statement save $50 a week,” or, “I want to drive carefully.” Speak your truth quietly and clearly; as “the strangest secret in the world”: and listen to others, “You will become what you think about Just as importantly, don’t just tell yourself, “I even the dull and ignorant; most.” don’t want to drink,” or, “I won’t do drugs.” they too have their story. Instead, tell yourself, “I want to live soberly” William James, the undisputed father of or “I want to live life honestly” and your mind Avoid loud and aggressive people, American psychology, labeled this fact’s will go to work understanding sobriety, they are vexations to the spirit. discovery as the most important finding of finding reasons why and how sobriety and If you compare yourself with others, the last hundred years. honesty works, seeing why you want to live you may become vain and bitter; What do you mean by “No” ? Understand soberly and honesty, and actually bringing for always there will be greater and an important – yet little known and little yourself to live that way. Yes, do realize the lesser people than yourself. talked about – fact about the human mind: it destructiveness of drugs and drinking, but Enjoy your achievements as well as your seems unable to understand the concept of you probably know that running away from plans. “no” and “not.” The human mind simply one addiction can cause you to run Keep interested in your career, however does not work well on the reverse of an idea. unconsciously and headlong into another humble; Look at the major league pitcher in the one. “Run” toward a definite goal. it is a real possession in the changing example above. Tell a kid, “Stop — Want the donut — fortunes of time. Exercise caution in your screaming,” and the kid goes on screaming. business affairs; Tell a kid, “Don’t draw on the floor with your ····························································· for the world is full of trickery. crayons,” and you’ll find him drawing but The Strangest Secret in the World But let this not blind you to what virtue there maybe on the walls. Tell a kid, “Don’t fall out Revisited is; of the tree,” and that actually plants a seed — Your mind attracts what it thinks about — many persons strive for high ideals, A free publication. For imprisoned people only, – page 71 – who can reproduce it without permission. ` August 2019 and everywhere life is full of heroism. prove that your beliefs are sincerely held and show that the prison official knew of and Be yourself. religious in nature. You may need to explain ignored the condition. This is hard to meet Especially, do not feign affection. your beliefs and how long you have held and depends on the facts of your case. Neither be cynical about love; for in the face of all aridity them. Explaining how your beliefs are Showing that you told guards about the and disenchantment, comparable to better known religions may problems, that the potential effects are it is as perennial as the grass. be useful in helping the prison authorities severe and that the condition affects others Take kindly the counsel of the years, understand and approve your religion. can help you meet the requirement. It is gracefully surrendering the things of youth. unlikely to constitute cruel and unusual Nurture strength of spirit to shield you in 2. Restrictions on Communication: punishment if the condition is temporary or sudden misfortunes. But do not distress yourself with imagings. Prisons may not censure your mail or only existed for a short period. Many fears are born of fatigue and prevent you from receiving publications loneliness. unless the restrictions are reasonably related B. Steps to Protect Your Rights Beyond a wholesome discipline, to a legitimate interest. However, courts be gentle with yourself. often uphold restrictions on publications, 1. Grievance Process: If you believe that a You are a child of the universe, particularly if the restrictions do not unfairly guard or other person violated your rights, no less than the trees and the stars, you have a right to be here. single out any one group and the restrictions you should immediately file a grievance with And whether or not it is clear to you, do not limit national news sources or political the prison. You should investigate the no doubt the universe is unfolding as it literature. Full frontal nudity or pornography grievance process for your individual prison. should. can be banned. You must be told that your Ordinarily, grievances must be filed in Therefore be at peace with God, mail is being censored. writing. You should file your grievance as whatever you conceive him to be, soon as you can after the event occurs. and whatever your labors and aspirations, in the noisy confusion of life, 3. Cruel and Unusual Punishment: The Your grievance should follow the specific keep peace with your soul. Eighth Amendment entitles you to freedom rules set by your prison but you should With all its sham, drudgery, and broken from cruel and unusual punishment. This include as much detail about the event as dreams, means that prison official cannot show possible. You should follow up with the it is still a beautiful world. Be cheerful. deliberate indifference to a serious medical status of your grievance. If your grievance is Strive to be happy. condition. This is hard to show. The official denied or you do not receive the desired (written by Max Ehrmann in 1927) must know of and ignore an excessive risk result, you may need to appeal the denial of

of harm and fail to take reasonable steps to the grievance. The process for appealing a ADDITIONAL LEGAL eliminate the risk. A serious need exists denial of a grievance will depend on the INFORMATION when a condition could result in further state and prison in which you are significant injury or the unnecessary and incarcerated. You must follow the rules PROTECTING YOUR RIGHTS IN PRISON: unjustifiable infliction of pain. Courts look at closely. (1) whether a reasonable doctor or patient (Note: Much of this information comes from would perceive the medical need in question 2. Lawsuit: The Federal Prison Litigation pamphlets published by the ACLU’s National as important and worthy of comment or Reform Act limits your ability to file a federal Prison Project. The ACLU National Prison treatment; (2) whether the medical condition lawsuit. In most cases, you can only file a Project Publications contain more detail and significantly affects daily activities; and (3) federal lawsuit if you have filed a grievance citations to specific cases.) the existence of chronic and substantial about the incident and exhausted all appeals pain. If you have a medical need, you of that grievance. There is an exception if A. Know Your Rights in Prison should document when you told prison you are facing immediate harm. If you file officials and what you told prison officials the lawsuit, there will be filing costs 1. Freedom of Religion: You are entitled to and whether you had already been associated with the lawsuit, you may be able the free exercise of religion. Generally, you diagnosed with the condition before you to pay the costs over time but you should be are allowed to refuse to eat foods that violate entered prison. The later stages of aware that you likely will need to pay the your beliefs and you are entitled to have pregnancy can constitute a serious medical costs. If you file a lawsuit, you will need to access to prayer facilities and to have condition. write a complaint and have the complaint respect for your Sabbath. These rights are served on the defendants. The Complaint not absolute; a prison may limit them for a Cruel and unusual punishment may include should include as many facts as possible, legitimate reason, i.e. guard or inmate unsafe working or living conditions. This can including information about how you were safety. Generally, the prison is not required include exposure to human waste, non- harmed and what you want to receive, to provide you with specific foods and they functioning plumbing, exposure to asbestos particularly monetary damages. You should may restrict your ability to comply with or toxic waste, unsafe food, filthy cells, write in plain English. You should be careful religious grooming and clothing extreme temperatures, extreme noise, about filing lawsuits, because if you file three requirements. If your religion is not constant lighting or other similar situations. lawsuits that the court find are without merit, Christianity, Islam, Judaism or other well- To establish that you have been a victim of you may be required to pay for all known religion, you may be required to cruel and unusual punishment, you must A free publication. For imprisoned people only, – page 72 – who can reproduce it without permission. ` August 2019 subsequent lawsuits when you file the employment upon release or choose which [email protected] or sent to above lawsuit. jobs are the best fit for your skills and address experiences and expectations. You may have the right to file a lawsuit in The Department of Labor publishes a useful WRITE LETTERS TO EDITORS OF state court or before an administrative board. guidebook to assist ex-offenders find PUBLICATIONS Those rights depend on the state and right employment opportunities.  Prisoners have as much right as at issue. http://www.exoffender.org/up/docs/Exohand anyone to write letters to the editors of newspapers and magazines. book.pdf. Department of Labor,  Get the word out about prison life. AFTER YOUR RELEASE Employment Information Handbook for Ex-  Help readers understand more about Offenders. the conditions behind bars. A. General Resources: After you have  been released from prison there are a NATIONAL PRISONER variety of organizations that can help you RESOURCE LIST CORRESPONDENCE HIGHER reenter society. The American Civil Liberties NOVEMBER 2018 EDUCATION Union maintains a "Prisoners Assistance Directory" that lists many such ARTISTS & WRITERS IN PRISON PRISON SCHOLAR FUND organizations. The directory can be 1752 NW Market St. #953 CALIFORNIA PRISON FOCUS downloaded from www.ACLU.org In Seattle, WA 98107 1904 Franklin St, Suite 507, Oakland, addition to the ACLU, local legal services Support for postsecondary students offices may have listings for local CA 94612 (tuition, textbooks, tutoring, mentoring, & organizations that can assist with reentry. Publishes "Prison Focus" three times a advising) and for returning residents year, a publication primarily by prisoners The internet is another good resource for (education and workforce transition) and for prisoners, their friends, and Application requests must include S.A.S.E. finding local organizations that assist with families, with a focus on issues around reentry. solitary confinement. All prisoners are UNIVERSITY OF IDAHO welcome to submit articles, artwork or Independent Study in Idaho B. Restoring Rights and Sealing creative writing's for possible publication, 875 Perimeter Dr. MS 3081 Records: After you have been released but are not guaranteed that items will be Moscow, ID 83844-3081 returned. Free to all California prisoners Catalog of information & classes available from prison, you may need to look into in the SHU, upon request. restoring your rights and sealing your upon request criminal record. Each state has different PEN PRISON WRITING PROGRAM RIO SALADO COLLEGE regulations concerning which rights can be 588 Broadway, Suite 303, New York, Incarcerated Re-Entry restored and how much time must pass NY 10012 2323 W. 14th Street, Tempe, AZ Free “Handbook for Writers in Prison” 85281-6942 between your release and restoration of upon request. Also sponsors annual Correspondence program supports rights. Similarly, each state has different writing contest for prisoners. rules governing the sealing of criminal incarcerated students nation wide to achieve a college education records. Sealing criminal records can assist PRISONS FOUNDATION PO Box 58043, Washington, DC 20037 in job searches and in obtaining housing. If Free exhibitions of prisoner art and free you are unsure of your state’s process for PERELANDRA COLLEGE electronic publishing of prisoner books. 8697-C La Mesa Blvd. restoring rights and sealing records, your Write for guidelines stating whether you PMB 121 local legal aid society may be a good place are a writer or an artist. Also presents to start. They may be able to assist with prisoner-written plays annually at the La Mesa, CA 91942 Kennedy Center in Washington DC. Online classes in Christian Wisdom and restoring your rights or be able to refer you Free Self-study classes in Story Writing to an attorney who can assist. Before TOCSIN MAGAZINE and English Grammar, mailed through attempting to vote or registering the vote PO Box 64527, Rochester, NY 14624 USPS after leaving prison, you should verify that 347-541-7740 [email protected] you are allowed to vote. Many states have FRIENDS & FAMILIES restrict ex-offenders’ right to vote in An urban entertainment publication that caters to inmates and their families. elections. FAMILIES AGAINST MANDATORY Tocsin provides inmates the opportunity to write articles, send photos, and much MINIMUMS (FAMM) C. Employment Opportunities: You more. Please contact us for more info. 1612 K St NW, Suite 700, should begin planning your post Washington, DC 20006 incarceration as soon as possible. This FAMM works to change mandatory Z MAGAZINE (THE SPIRIT OF planning can include deciding what field you sentencing laws through the legislative RESISTANCE LIVES) process on the federal and state levels, want to work in and signing up for classes 18 Millfield Street, Woods Hole, MA that can help you obtain a position once you participation in precedent-setting legal 02543 cases and by educating the public. leave prison. The prison may also have Welcomes unsolicited submissions from counselors which can help you find any writer via email or RTF attachment to:

A free publication. For imprisoned people only, – page 73 – who can reproduce it without permission. ` August 2019 education. NCLR’s Legal Information AMERICAN CIVIL LIBERTIES FAMM FLORIDA PROJECT Helpline provides basic information about UNION (ACLU)- PO Box 142933, Gainesville, FL 32614 laws that affect LGBT people, including NATIONAL PRISON PROJECT (352) 682-2542, LGBT people in prison, and resources 125 Broad St, 18th Floor, New York, www.famm.org/florida available for people who are facing NY 10004 FAMM’s Florida Project works to change discrimination or other civil rights issues. Write for list of publications and contact mandatory minimum sentencing laws, as We do not conduct client intake and information for your state. required by Florida state law, for drug and cannot provide any legal advice, legal gun offenses. representation or take on cases through NATIONAL CRIMINAL JUSTICE the Legal Information Helpline. REFERENCE SERVICE LEGAL SERVICES FOR PRISONERS PO Box 6000, WITH CHILDREN LGBT BOOKS TO PRISONERS 1540 Market St, Suite 490, San See Free Books to Prisoners section. Rockville, MD 20849-6000 Francisco, CA 94102 800-851-3420 QUEER DETAINEE EMPOWERMENT www.ncjrs.gov Information and referrals only. No PROJECT (QDEP) individual legal aid. Distributes documents and information HOTLINE: (347) 645-9339 from the National Institute of Justice GAY, LESBIAN, BISEXUAL, & Mailing: 521 W 126th St New York, (NIJ), the Bureau of Justice Statistics TRANSGENDER NY (BJS), the Bureau of Justice Assistance [email protected] (BJA), the Office for Victims of Crime (OVC) and the Office of Juvenile Justice ACLU GBLT RIGHTS / AIDS An Alternative to Detention Program and Delinquency Prevention (OJJDP) PROJECT (ATD), that works with Lesbian, Gay, Bisexual, Queer, Two Spirit, Trans and 125 Broad St, 18th Floor, New York, LEGAL PUBLICATIONS & Gender Non- Conforming, HIV+ detainees NY 10004 and their families currently in detention EDUCATION Experts in constitutional law and civil centers and those that are recently rights, specializing in sexual orientation, released from immigrant detention BLACKSTONE CAREER INSTITUTE gender identity, and HIV/AIDS. centers, seeking status in the United 1011 Brookside Rd, Suite 300 BLACK AND PINK, NATIONAL States. We engage in community PO Box 3717 OFFICE organizing and international policy to Allentown, PA 18106-3717 614 Columbia Rd, Dorchester, MA demand the liberation of our people. (800) 826-9228 02125 SINISTER WISDOM, INC. [email protected] An open family of LGBTQ and/or 2333 McIntosh Road, Dover, FL 33527 www.blackstone.edu HIV+ prisoners and "free world" allies who Publishes work by lesbians only - prose, Low-cost paralegal course by mail support each other. As a national poetry, essays, graphics, and book CENTER ON WRONGFUL organization made up of thousands of reviews. Free to women in prison. prisoners, B&P provides a free prisoner- CONVICTIONS generated monthly newspaper to lesbian, TRANZMISSION PRISON BOOKS Northwestern Pritzker School of Law gay, bisexual, transgender, queer PO Box 1874, Asheville, NC 28802 375 East Chicago Ave prisoners and prisoners living with HIV Offers free books and resources to Chicago, IL 60611 regardless of sexual orientation or gender LGBTQIA (Lesbian, gay, bisexual, The CWC handles claims of actual identity. B&P also provides a free non- transgender, queer, intersex, Asexual) innocence in DNA and non-DNA cases. romantic pen pal program. B&P is unable identified folks and women only. We no to promise anyone a pen pal, but they longer offer pen pals. CENTURION MINISTRIES, INC regularly recruit “free world” volunteers to 1000 Herrontown Rd, write prisoners. B&P is also able to provide HIV/AIDS & HEPATITIS C The Clock Building, limited advocacy for those experiencing RESOURCES Princeton, NJ 085402 harm and harassment (B&P is not able to www.centurionministries.org help with court cases as they are not POZ MAGAZINE, SMART + STRONG Works to vindicate and free prisoners who lawyers). 212 West 35th Street, 8th Floor, New are factually innocent and have been GENDER IDENTIY CENTER OF York, NY 10001-2508 unjustly sentenced to either death or life COLORADO INC. Free subscription to any HIV+ person who in prison without parole. Focuses on murder and rape cases. Does not consider 120 Bryant St., Denver, CO 80219 cannot afford it. child abuse/sex cases (unless physical Offers The T.I.P. Journal newsletter for TEST POSITIVE AWARE NETWORK evidence can be scientifically tested to transgender prisoners. 5537 N. Broadway, Chicago, IL 60640 prove innocence). Does not consider LEGAL INFORMATION HELPLINE, Publishes Positively Aware, a bi-monthly accidental death or self-defense cases. CM NCLR magazine covering HIV/AIDS treatment, has no religious affiliation. CM is not a law 870 Market St. #370, San Francisco, research, policy and lifestyle. Annual drug office. To have a case considered, write a guide covers all HIV drugs. No dating or CA 94102 short letter to CM outlining the facts of the pen pal services. Write for free case (do not include documents or NCLR is a national legal organization subscription. transcripts). CM reads and responds to all committed to advancing the civil and letters within approximately 6-8 weeks. human rights of lesbian, gay, bisexual, INFORMATION SERVICES and transgender (LGBT) people through INNOCENCE PROJECT litigation, legislation, policy, and public

A free publication. For imprisoned people only, – page 74 – who can reproduce it without permission. ` August 2019 40 Worth St, Suite 701 (877) 344-8035 (toll free) free tools and information for all reentry New York, NY 10013 Not attorneys, but provide legal research, stakeholders. We have free software for Accepts post-conviction cases where DNA attorney searches, manuscript all prisons and jails. We’ve created a testing can yield conclusive proof of proofreading, and revise pro se pleadings 120+ page Reentry Packet which your innocence. All cases for consideration for a fee. family or friends can download or print for should be mailed with a brief factual free. We can also mail a copy of the summary of the case and a list of the PRISONER SUPPORT packet to you with your donation of $8 evidence used against the defendant. For (our cost) or more. If you have Trulincs, cases originating from the states of AZ, AFSC PRISON WATCH PROGRAM feel free to sign up for our newsletter at CA, MI, OH, WA and WI, and for cases not 89 Market Street, 6th floor [email protected]. involving DNA evidence, see the Newark, NJ 07102 THE FORTUNE SOCIETY Innocence Network www.afsc.org 29-76 Northern Blvd, Long Island City, (www.innocencenetwork.org/members). 973-643-3192 Please do not send documents. NY 11101-2822 An advocacy program monitoring human Helps people formerly incarcerated break JAILHOUSE LAWYER’S HANDBOOK right abuses in US federal and state the cycle of crime and incarceration, and (FREE ONLINE) prisons. The program promotes national educates the public about prison and the jailhouselaw.org and international attention to mass causes of crime. Free newsletter for imprisonment, the use of torture and prisoners. JAILHOUSE LAWYER’S MANUAL isolation in US prisons. Publishes several (FREE ONLINE) titles available to prisoners: JUST DETENTION INTERNATIONAL jlm.law.columbia.edu  Survivors Manual: Surviving In Solitary (FORMERLY STOP PRISONER  Survivors Speak: Prisoner Testimonies RAPE) of Torture in United States Prisons and 3325 Wilshire Blvd, Suite 340, LEWISBURG PRISON PROJECT Jails Los Angeles, CA 90010 PO Box 128  Aging in Prison Nonprofit organization that seeks to end Lewisburg, PA 17837-0128  Our Children’s House – a pamphlet and sexual abuse in all forms of detention. Free list of low-cost legal bulletins related a one act play of testimonies of Anyone who has experienced any form of to prisoner rights. imprisoned children. sexual harm in custody – including sexual  LGBTQ+ Prisoner Resource Guide harassment, sex in exchange for MUSLIM LEGAL FUND OF AMERICA  Testimonies of Torture in New Jersey protection, sexual assault, etc. – is / CONSTITUTIONAL LAW CENTER Prisons encouraged to contact JDI for support and FOR MUSLIMS IN AMERICA a packet of information. Prisoners can CITIZENS UNITED FOR THE REHAB 833 E Arapaho Rd, Suite 209 write to JDI via confidential, legal mail by OF ERRANTS (CURE) Richardson, TX 75081 addressing their letter to Cynthia Totten, www.clcma.org & www.mlfa.org PO Box 2310, Attorney at Law, CA Attorney Reg. # A charitable law firm providing free legal Washington, DC 20013-2310 199266, at the address above. services to Muslims facing challenges to Focuses on analysis of prison issues and constitutional civil rights and liberties in working with the friends and families of PENNSYLVANIA INSTITUTIONAL America. Some of its clients are Muslim prisoners to bring about prison reform. LAW PROJECT prisoners facing difficulties with religious Write for local information. The Cast Iron Building, 718 Arch Street, Suite 304, accommodations. COALITION FOR PRISONERS' South Philadelphia, PA 19106 Phone: NAACP LEGAL DEFENSE & RIGHTS (CPR) 215-925-2966 EDUCATIONAL FUND INC PO Box 1911, Santa Fe NM 87504 Provides free civil legal assistance to low- th Publishes free to prisoners: 40 Rector St, 5 Floor, New York, NY income people who are incarcerated or  a short monthly newsletter nationwide, 10006 institutionalized in the state of  the booklet Psychological Soldier, a Non-profit law firm which deals only with Pennsylvania whose civil constitutional Guide to a Healthy Life in Solitary, cases of obvious race discrimination, as rights have been violated.  a small meditation manual, Doing your well as a small number of death penalty and life without parole cases. Time with Peace of Mind. PENNSYLVANIA PRISON SOCIETY PRISON LEGAL NEWS CPR also offers several resource lists, by 230 South Broad Street, Suite 605 PO Box 1151, Lake Worth, FL 33460 state and topic and has a limited number Philadelphia, PA 19103 of free, mostly used, paperback English & PH: 561-360-2523 215-564-4775 Spanish dictionaries. Cannot offer any FAX: 866-735-7136 Official visitors' network, transportation legal advice. There are no lawyers or legal www.prisonlegalnews.org services, parenting and life skills classes, workers on staff. Monthly prison-related magazine. Covers and the Prisoner Reentry Network, as well court decisions affecting prisoner rights FAIR SHAKE as a clothing closet and computer lab for and conditions of confinement. ($30 per PO Box 63, Westby, WI 54667 returning citizens in Pennsylvania. year for prisoners). Write for catalog. www.fairshake.net Memberships include the bimonthly publication, Graterfriends, are available to SET MY WAY FREE MINISTRIES 608-634-6363 prisoners for $5.00 per year. INC Fair Shake is a reentry resource hub with 221 North Hogan St, NO 141, the nation’s largest free resource PRISON ACTIVIST RESOURCE Jacksonville, FL 32202 directory, a free ‘office in the cloud’ for all CENTER PO Box 1655, Semmes, AL 36575 formerly incarcerated people and lots of PO Box 70447, Oakland, CA 94612 A free publication. For imprisoned people only, – page 75 – who can reproduce it without permission. ` August 2019 Source for progressive and radical UNSTOPPABLE! directly related to self-inquiry. Does not information on prisons and the criminal PO Box 11032, Pueblo, CO 81001 offer pen pals nor materials on Wicca, prosecution system. Produces a national This publication is for women and trans paganism, the occult, or black magic directory that is free to all prisoners upon prisoners. Write for a free subscription BBI MEDIA request, and seeks to work in solidarity and feel free to contribute artwork, P O Box 687, Forest Grove, OR 97116. with prisoners, formerly incarcerated poetry, writings, etc., about topics like: Offers free subscriptions to prison people, their friends and families. personal triumphs in overcoming past or chaplains and prison libraries. Requests ongoing trauma; surviving, thriving, and PRISONER VISITATION AND must be submitted on official prison resisting in prison; self-care in high stress SUPPORT letterhead. Its publications include environments; building community while Witches & Pagans and SageWoman 1501 Cherry Street; Philadelphia, PA incarcerated, etc. We also invite pieces (women’s facilities only). 19102 that are more creative. [email protected] www.prisonervisitation.org RELIGION & SPIRITUAL Witches & Pagans features: (215) 241-7117; Fax: (215) 241-7227 MATERIALS  interviews with those who create and lead our traditions Prisoner Visitation and Support (PVS) is  visits to the sacred places and people the only nationwide, interfaith visitation THE ALEPH INSTITUTE who inspire us program with access to all federal and 9540 Collins Ave, Surfside, FL 33154  in-depth discussions of our ever- military prisons and prisoners in the (305) 864-5553, evolving practices United States. PVS DOES NOT VISIT [email protected]  practical daily magic COUNTY OR STATE PRISONS. The www.alephinstitute.org  ideas for solitary ritual and devotion visitors make monthly visits to see Offers Jewish religious instruction to  craft- projects prisoners who rarely, if ever, receive prisoners; religious articles, Torah  Pagan poetry and short fiction and outside visits. PVS visitors also focus on literature, quarterly newsletter, reviews seeing: those serving long sentences, correspondence courses, counseling, those frequently transferred from prison to religious-freedom advocacy; personal prison, and those in solitary confinement BRIDGE PROJECT–CENTER FOR visits to prisoners by Rabbis, rabbinical and on death row. students, and family support groups. COMMUNITY SERVICE & JUSTICE 4501 N. Charles St. Baltimore, MD PRISONS, JUSTICE, AND POLITICS AMERICAN BIBLE ACADEMY 21210 PO Box 1627, Joplin, MO 64802-1627 Free brochure of contemplative CALIFORNIA PRISON FOCUS 417-781-9100 meditation. 1904 Franklin St, Suite 507 www.abarc.org CHANDRA YOGA RESOURCES Oakland, CA 94612 Free English and Spanish Bible See “Artists and Writers in Prison” section. correspondence courses for prisoners. All 1400 Cherry St, Denver, CO 80220 courses are 120 pages in length. Info also Free books on devotional yoga and mantra JUSTICE DENIED available from www.abarc.org. meditation. PO Box 66291, Seattle, WA 98166 Only magazine in U.S. dedicated to ARM PRISON OUTREACH – CHRISTIAN FELLOWSHIP exposing cases of wrongful conviction. INTERNATIONAL PUBLISHERS Online at www.justicedenied.org. Send PO Box 1490, Joplin, MO 64802-1627 11515 Allecingie Parkway SASE for information. 417-781-9100 Richmond, VA 23235 www.arm.org Free books mailed to prisoners upon MAOIST INTERNATIONALIST request MINISTRY OF PRISONS ARM is the jail and prison chaplains’ PO Box 40799 source for Christian greeting cards from CHUANG YEN MONASTERY San Francisco, CA 94140 Day Spring, Bibles from the American Attn. Rev. Richard Baksa, Prison Bible Society, in-prison seminars, gospel Anti-imperialist group fighting criminal Program tracts, and baptisteries. injustice, helping prisoners to organize 2020 Route 301, Carmel, New York and educate themselves. Free ASSOCIATION FOR RESEARCH & 10512 subscriptions to newsletter, sends books, ENLIGHTENMENT [email protected] and runs political study groups. c/o Prison Outreach Our organization sends free Buddhist th PATHFINDER PRESS 215 67 St, Virginia Beach, VA 23451 books to prisoners who request them, answers questions regarding Buddhist PO Box 162767 Books about the life and work of Edgar beliefs and practice that prisoners may Atlanta, GA 30321 Cayce, meditation, and reincarnation. Prisoners are limited to one book every have, and sponsors a free Buddhist 50% prisoner discount. Write for a two months. Correspondence Course for prisoners. catalog. Books on the works of revolutionary and working class leaders. ASSOCIATION OF HAPPINESS FOR COMPASSION WORKS FOR ALL There is a flat shipping and handling fee ALL MANKIND PO Box 7708, Little Rock, Arkansas of $2.75. Books in English, Spanish, 4368 NC Highway 134, Asheboro, NC 72217-7708 French, Farsi, Arabic, Swedish, Greek, 27205 We Provides a free Dharma Friends Chinese, Russian, and Indonesian. Family AHAM is nondenominational. It offers newsletter every other month. This members may order for inmates and some free materials on Ramana Buddhist-based newsletter gives teachings receive the same discount if the recipient's Maharshi's self-inquiry method of about the Dhammapada and meditations address is a correctional institution. meditation, has a price list of other books to support people in all faith traditions A free publication. For imprisoned people only, – page 76 – who can reproduce it without permission. ` August 2019 who are seeking personal growth and NALJOR PRISON DHARMA SERVICE BLACKSTONE CAREER INSTITUTE transformation. Subscribe by writing to us, www.naljorprisondharmaservice.org 1011 Brookside Road, Suite 300, P.O. and include "new subscriber" on the Offers The Heart of Dharma Collection: Box 3717 envelope ten precious dharma teachings. These Allentown, PA, 18106-0717 800-826- FOUNDATION OF PRAISE accurate, concise teachings are perfect for 9228 https://blackstone.edu/sponsor- daily study, contemplative meditation, and PO Box 2518, Escondido, CA 92033 information/ inspiration. This entire collection is www.foundationofpraise.org available free of charge from our website. WOMEN’S RESOURCES "Prison to Praise is not only about a prison Offers a 29-page Resource Directory for with bars, but about a prison of Prisoners. circumstances - and how to be set free! CHICAGO BOOKS TO WOMEN IN This book is available free to prison PBPF PRISON PROJECT PRISON Chaplains when they write and request 4936 Route 414, Dept. LP, Burdett, See Free Books to Prisoners section. them for the inmates in their facility." NY 14818 NATIONAL CLEARINGHOUSE FOR HUMAN KINDNESS FOUNDATION FREE BOOKS: What Is Karma? by Paul THE DEFENSE OF BATTERED Brunton—a positive view of what karma is PO Box 61619, Durham, NC 27715 WOMEN and how to get it working for you. AND Free (English & Spanish) books and TH The Gift of Grace: Awakening to It's 125 s 9 St, Suite 302, Philadelphia, newsletters about interfaith spiritual Presence by Paul Brunton--how each of us PA 19107 practices in prison, including We're All can find our true path, our divine self, (215) 351-0010 Doing Time. despite (or maybe because of it) the Resource center for victims of battering IN-TOUCH MINISTRIES struggle and turmoil along the way. who have been charged with crimes PO Box 7900, Atlanta, GA 30357 Available on written request. Include your related to their abuse. Does not provide direct legal representation; assists defense Christian ministry led by Dr. Charles name, prisoner ID, full prison name, cell team members. A very small nonprofit Stanley. Free In Touch religious magazine. location and address. Please also your facility’s restrictions on mailing books. organization, they do what they can to ISKCON PRISON MINISTRY answer requests for assistance as PO Box 2676, Alachua, FL 32616 PEN PAL CONNECTION promptly as possible but it often takes a www.iskconprisonministry.org PO Box 11296, Hickory, NC 28603 long time to get a response. Phone or [email protected] Usually takes about 18 months for males, write. and several months for females. For Sends free material about bhakti-yoga Christian support and friendship, not the MS. MAGAZINE study and practice; books, prayer beads, place to seek pen pals of the opposite sex. ATTN: MS. IN PRISON PROGRAM CDs, MP3s, and incense. We need to 1600 Wilson Blvd, Suite 801, know: SYDA FOUNDATION PRISON Arlington, VA 22209  Which items you are allowed to have, PROJECT Ms. is a feminist publication covering  Are you allowed hardbound or only PO Box 99140, Emeryville, CA 94662 current events, politics, and culture. softbound books? Email: [email protected] Women in prison can obtain a free  Which items can be sent to you directly 510-898-2700 ext 4113 membership by writing to the address and which only through the chaplain? The Prison Project is dedicated to above. The books cover reincarnation, karma, disseminating the Siddha Yoga teachings and how to live a simple, godly life, and and practicesto incarcerated individuals. MISCELLANEOUS find internal peace and joy no matter what Sends free monthly newsletter and “Home your circumstances. Study Course” to prisoners. Siddha Yoga PRISON PEN PALS teaches that within each of us, behind the PO Box 235 JEWISH PRISONER SERVICES mind, body, and ego, is a divine power INTERNATIONAL East Berlin, PA 17316-0235 called the Self. We meditate to harmonize S.A.S.E. to receive ad info instructions PO Box 85840, Seattle, WA 98145- our actions, thoughts and words with this 1840 power. Also available in Spanish. NARCOTICS ANONYMOUS Offers the Jewish Bible, prayer books, and PO Box 9999, Van Nuys, CA 91409 UNITED PRISON MINISTRIES Jewish history/culture books to Jewish www.na.org INTERNATIONAL prisoners only. Hebrew available. NA publishes a wide variety of materials PO Box 8, Verbana, AL 36091 concerning drug addiction and recovery, LIBERATION PRISON PROJECT Prisoners can order two booklets at a some of which are expressly produced for PO Box 33036, Raleigh, NC 27636 time: What the Bible Says, The Desire of persons currently incarcerated, including Offers spiritual materials on Buddhism. Ages, Bible Answers, Bible Questions Behind the Walls. También ofrece Offers correspondence courses and Answered, God Still Answers Prayers, and literatura en español, incluyendo Entre spiritual materials on Buddhism. Keys to Happiness. Rejas. Booklets are 85 cents each. MIRACLES PRISONER MINISTRY WISDOM PUBLICATIONS CURE-SORT (SEX OFFENDERS 4118 County Hwy. B, Wisconsin Dells, 199 Elm Street, Somerville MA 02144 RESTORED THROUGH TREATMENT) WI 53965 [email protected] P.O. Box 1022, Norman, OK 73070- Its Spiritual Recovery Correspondence Provides free Buddhism books to prisoners Course is based on the 12 Steps, the Bible 1022 and A Course in Miracles. Write to request VOCATIONAL & CAREER Treatment program referrals & a free copy of A Course in Miracles and TRAINING COURSES educational materials free or low-cost to section one of the course. inmates

A free publication. For imprisoned people only, – page 77 – who can reproduce it without permission. ` August 2019

FREE BOOKS TO PRISONERS PROGRAMS

The groups listed here provide a variety of books similar to what you would find in a small bookstore or library. Books are free and do not need to be returned. Local communities and publishers donate books so what’s available varies greatly. To request books, send your full name (as known to the DOC), ID Number, full address including cell number, and a list of subjects that interest you. Requests for specific titles are difficult to fill. Include your facility’s restrictions on mailing books, if known. Many programs have a backlog of several months, so please be patient. Do not request books if you are moving in the next few months because the books may not get to you. They are sent by Media Mail by the Post Office which is not forwarded like other mail.

ATHENS BOOKS TO PRISONERS BOOKS BEHIND BARS OPEN BOOKS PRISON BOOKS PO Box 45, Rutland, OH 45775 (FRIENDS OF THE JEFFERSON- PROJECT Cannot fill orders for specific titles. Send a MADISON LIBRARY) 1040 N. Guillemard St, Pensacola, FL list of subjects/types of books. 1500 Gordon Ave. 32501 SERVES: FL SERVES: OH Charlottesville, VA 22903 READ BETWEEN THE BARS Request by title, author, or genre: 3 books APPALACHIAN PRISON BOOK c/o Daily Planet Publishing PROJECT, per month SERVES: VA only PO Box 1589, Tucson, AZ 85702 PO Box 601, Morgantown, WV 26507 SERVES: AZ SERVES: KY, MD, OH, TN, VA, WV GAINESVILLE BOOKS FOR PRISONERS PRISON BOOKS COLLECTIVE ASHEVILLE PRISON BOOK 433 S. Main Street, Gainesville, FL PO Box 625, Carrboro, NC 27510 PROGRAM www.prisonbooks.info 67 N. Lexington Ave, Asheville, NC 32601 SERVES: Nationwide [email protected] 28801 Also supplies a NC Prisoner Zines (small booklets) on various topics Resource List to NC prisoners upon INSIDE BOOKS PROJECT, Request our zine catalog. request. SERVES: GA, NC, SC, TN c/o 12th Street Books, SERVES: Books: AL, NC 827 W. 12th St, Austin TX 78701 Zines: All states BOOK’EM One request every three months. Also 5129 Penn Avenue, Pittsburgh PA publishes a free Resource Guide for TX PRISON BOOK PROGRAM 15224 prisoners SERVES: TX c/o Lucy Parsons Bookstore Focuses on educational and non-fiction 1306 Hancock Street, Suite 100, books and magazines. LGBT BOOKS TO PRISONERS Quincy, MA 02169 SERVES: PA c/o Social Justice Center Incubator Serves: All states except CA, IL, MI, MD, 1202 Williamson St #1, Madison, WI CHICAGO BOOKS TO WOMEN IN NV, and TX 53703 PRISON LGBTQ-identified prisoners only. Also PRISON LIBRARY PROJECT c/o RFUMC, 4511 N. Hermitage Ave, offers LGBT and Trans resource lists. 915C W. Foothill Blvd, PMB128, Chicago, IL 06040 SERVES: All states except TX Claremont, CA 91711 Women (including transwomen) only. Dictionaries and basic reference, personal Does not serve jails and other short-term LOUISIANA BOOKS 2 PRISONERS and spiritual growth, general fiction and facilities outside Chicago. 1631 Elysian Fields Ave. #117, New non-fiction. Serves federal prisons in all states and Orleans, LA 70117 SERVES: All states except MA state prisons in AZ, CA, FL, IL, IN, KY, MS, www.lab2p.org PRISONERS LITERATURE PROJECT and OH. Women and LA prisoners are prioritized. c/o Bound Together Books SERVES: AL, AR, LA, MS DC BOOKS TO PRISONS 1369 Haight St, San Francisco, CA PO Box 34190, Washington, DC 20043 MIDWEST PAGES TO PRISONERS 94117 www.dcbookstoprisoners.org PROJECT, Limit requests to once per year. Send a Stamps and donations are appreciated c/o Boxcar Books & Community Ctr. list of 5-10 subjects (no Bibles or religious where possible. Request reading material PO Box 1324, Bloomington, IN 47402 material). Stamps and donations by prioritized subjects. List prison SERVES: AR, IA, IN, KS, KY, MN, MO, ND, appreciated, but not required. Wait list 8- restrictions if known. Please wait 5 months NE, OH, OK, SD, TN, WI 12 weeks. between requests. SERVES: All states except OR, MA and TX SERVES: DC residents in Federal prisons NYC BOOKS THROUGH BARS everywhere. Federal prisoners in AZ and c/o Bluestocking Bookstore, PROVIDENCE BOOKS THROUGH all prisons in AL, AK, AR, CA, CO, DE, GA, 172 Allen St, New York, NY 10002 BARS HI, IA, ID, IN, KS, KY, LA, MD, MN, MO, Specializes in political and history books. 42 Lenox Ave. Providence, RI 02907- MS, MT, NC, ND, NE, NM, NV, OH, OK, Also has literary fiction and other 1910 SERVES: Nationwide SC, SD, TN, TX, UT, VA, WV, WY educational books. No religion books. Prioritizes requests from NY. WISCONSIN BOOKS TO SERVES: All US states except AL, FL, LA, PRISONERS MA, MI, MS, NC, OH, and PA. c/o A Room of One's Own Bookstore 1202 Williamson Street, Ste #1, Madison, WI 53703 SERVES: WI

A free publication. For imprisoned people only, – page 78 – who can reproduce it without permission. August 2019

BOOKS TO PRISONERS PROGRAMS – STATES SERVED (X=All, F=Federal only, S=State only) AL AK AR AZ CA CO CT DE FL GA HI IA ID IL IN KS KY LA MA MD ME MI MN MO MS Athens Books to Prisoners Appalachian Prison Book Project X X Asheville Prison Book Program X Book’Em Books Behind Bars Chicago Books to Women in Prison S S S S S S S DC Books to Prisoners X X X F X X X X X X X X X X X X X X X Inside Books Project LGBT Books to Prison (LGBT only) X X X X X X X X X X X X X X X X X X X X X X X X X Louisiana Books 2 Prisoners X X X X Midwest Pages to Prisoners X X X X X X X NYC Books Through Bars X X X X X X X X X X X X X X X X X X X Open Books Prison Books Project X Providence Books Through Bars Prison Books Collective X Prison Book Program X X X X X X X X X X X X X X X X X X X X X Prison Library Project X X X X X X X X X X X X X X X X X X X X X Prisoners Literature Project X X X X X X X X X X X X X X X X X X X X X X X X Read Between the Bars X Wisconsin Books To Prisoners

MT NC ND NE NH NJ NM NV NY OH OK OR PA RI SC SD TN TX UT VA VT WA WI WV WY Athens Books to Prisoners X Appalachian Prison Book Project X X X X Asheville Prison Book Program X X X Book’Em X Books Behind Bars X Chicago Books to Women in Prison S DC Books to Prisoners X X X X X X X X X X X X X X X X Inside Books Project X LGBT Books to Prison (LGBT only) X X X X X X X X X X X X X X X X X X X X X X X X Louisiana Books 2 Prisoners Midwest Pages to Prisoners X X X X X X X NYC Books Through Bars X X X X X X X X X X X X X X X X X X X X X Open Books Prison Books Project Providence Books Through Bars Prison Books Collective X Prison Book Program X X X X X X X X X X X X X X X X X X X X X X X Prison Library Project X X X X X X X X X X X X X X X X X X X X X X Prisoners Literature Project X X X X X X X X X X X X X X X X X X X X X X X X Read Between the Bars Wisconsin Books To Prisoners X

A free publication. For imprisoned people only, – page 79 – who can reproduce it without permission. August 2019

WHAT IS THE PRISON BOOK PROGRAM The We the People Legal Primer and National Prisoner Resource List are publications of the Prison Book Program in Quincy, MA, one of the dozens of “books to prisoners” programs listed on the previous page. We have been sending books to prisoners since 1972. We are entirely staffed by volunteers and supported by many donors who care about literacy in prison. WHO IS LUCY PARSONS AND THE LUCY PARSONS BOOKSTORE? Lucy Parsons (1853 - 1942) was a radical American labor organizer, anarchist, and powerful public speaker. She was born in Texas (likely as a slave) to the parents of Native American, African American, and Mexican ancestry. Because of her singular fight against social and economic oppression, Lucy led a controversial life. She always kept a sharp eye on the social revolution that she was convinced was necessary to change what she saw as the glaring excesses of the oppressive capitalist system. (SOURCE: Wikipedia) Her legacy is alive in the Lucy Parsons Center, a bookstore and gathering place for a wide range of concerned citizens. WHO CAN REQUEST BOOKS? Prisoners in all states except California, Illinois, Maryland (except Fed Prisons), Nevada and Texas, where allowed by their facility. We do not serve jails and short-term facilities or halfway houses. We cannot send books to libraries or prison staff. Prisoners are limited to one shipment every six months. HOW TO REQUEST BOOKS FROM MAIL REQUESTS TO: PRISON BOOK PROGRAM

Write us a letter that includes: Prison Book Program  Your full name as known to the DOC. No nicknames. c/o Lucy Parsons Bookstore  Your ID Number 1306 Hancock Street, Suite 100  Full mailing address Quincy, MA 02169  Restrictions on receiving books if known  A least 3-4 subjects that interest you from the list below in priority order. Rarely can we fulfill requests for specific books

Foreign Language (tell us if Psych – Relationships Fiction – Westerns USUALLY IN STOCK the person is a native Psych – Sexual Abuse Gay/Lesbian/Bisexual/ Activism English speaker) Religion – Buddhism Transgender (please Anthropology/Archeology History – African Religion – Christianity specify which) Computers & Internet History – American Religion – Hinduism GED Study Materials Cooking History – Carib./Latin Am. Religion – Judaism Health Culture – African History – European Religion – New History – Ancient Culture – African American History – World Age/Spirituality Music Culture – Asian Hobbies Sociology Religion - Atheism and Current Events Jobs/Careers Sports Agnosticism Dictionary Legal Primer – "We the Women's Studies Religion– Islam Easy Readers People" Writing Religion– Wicca/Wiccan Fiction – Action & Adventure Military/Veterans Thesaurus Fiction – Classic Literature Nat. Prisoner Resource List FREQUENTLY OUT OF Trade Skills (electrical, Fiction – Drama & Plays Poetry STOCK plumbing, etc) Fiction – General Political Science Art/Drawing Fiction – Historical Psych – Addictions Business If you request subjects that Fiction – Horror & Vampires Psych – Alcoholic/ Construction are frequently out of stock, Fiction – Mysteries Dysfunctional Families Culture – Latin Am. please request alternatives Fiction – Science Fiction Psych – Death & Dying Culture – Native Am. in case we don't have them. Fiction – Short Story Psych – General Exercise & Nutrition Anthologies Psych – Parenting Fiction – Urban Fiction Film and Television

HELP US OUT  Tells us if a book has helped you (Get your GED, go to school, find a new job, start a business, personal growth, etc.) We welcome all success stories, big or small. Your stories can make a huge difference to our program by inspiring the donors and volunteers that make this program possible. We appreciate your help!  Encourage your family and friends to support us or another “Books to Prisoners” group by donating or volunteering.  Send us your advice and suggestions. If you discover incorrect information, disappointing resources, or new resources to be added to this listing, please let us know. We are constantly making updates and improvements to better assist you. THANK YOU FOR SHARING YOUR LIVES AND IDEAS - WE APPRECIATE YOUR PASSION, PATIENCE, AND SENSE OF HUMOR A free publication. For imprisoned people only, – page 80 – who can reproduce it without permission.