Legal Terms and Definitions

Glossary of Legal Terms

Summons A notice to the named person that an action has been commenced against him in court and that he is required to appear, on the day named, and answer the complaint. Mens rea Literally, "guilty mind." The intent required to commit the crime. One of the two basic requirements, along with the guilty act (actus reus), which constitute a crime. Hung jury A jury that cannot agree on a final verdict. If a jury is hung, the court declares a mistrial and the case may be re-tried. Burden of proof The duty to establish a claim or allegation by admissible evidence. This is usually the duty of the plaintiff in a civil case and always is the duty of the state in a criminal case. Direct evidence Evidence in the form of testimony from a witness who actually saw, heard, or touched the subject of interrogation. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. Premeditation The planning of a crime preceding the commission of the act, rather than committing the crime on the spur of the moment. Precedent A rule of law that is established by an appellate court in an earlier case serves as binding precedent in all subsequent similar cases.

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