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The Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation

Received: 1988

APPENDIX A - GLOSSARY OF LEGAL TERMS

Informational Only; Not Part of The Law And Order Code


   
Abet To encourage, incite, or assist another to commit a crime
   
Abortion The illegal procuring of a miscarriage.
   
Abrogate

To annul, repeal, or cancel, such as to repeal a former law by legislative act or by usage.
   
Abscond

To depart from the jurisdiction of the courts; to hide, conceal, or absent oneself with the intent of avoiding legal process.
   
Accessory

Any person who, while not actually present, assists in a criminal act or one who aids or shelters an offender in order to defeat justice.
   
Accomplice
One who is involved in the commission of a crime, though not as a principal.
   
Acquittal
The dismissal of a criminal charge resulting from a verdict of Not Guilty.
   
Acquitted Set free, discharged, found not guilty of a crime.
   
Ademption

Withdrawal of a gift by some act of the person making the will equivalent to or indicating an intent to make a withdrawal.
   
Administrator
The person who has authority to administer the estate of a deceased person.
   
Admission
A statement made by a person that can be used in evidence against him.
   
Adultery

The act of sexual intercourse between two people, at least one of who is married to someone else.
   
Advancement

Property given in advance of death in anticipation of a share of an inheritance and intended to be deducted from the donee's share of the inheritance.
   
Affidavit

A sworn statement made before a person who has the legal authority to administer an oath.
   
Affirmation

A solemn declaration made before an authorized magistrate by persons who conscientiously decline taking an oath. In law, it is equal to an oath.
   
Affray
The fighting of two or more persons in a public place, to the terror of others.
   
Alias A name used instead of the real name of the person.
   
Alibi
An excuse in which the accused insists that he was in another place at the time an alleged crime was committed.
   
Amend To correct an error or deficiency.
   
Annulment

A judicial declaration that a marriage has been invalid from the beginning. (Compare with divorce.)
   

Appeal

A complaint to an appellate or superior court of an injustice or error committed by an inferior court. The superior court above is called upon to correct or reverse the judgment or decision of the inferior court.
   
Appraisement A just and true valuation of property.
   
Arbitrary Not done according to logic, reason or judgment.
   
Arraignment

A legal procedure whereby a court informs a defendant of the charges against him, ascertains if defendant is the person wanted, advises defendant of his legal rights, and asks for his plea.

   
Arrest The taking of a person into custody in a manner authorized by law.
   
Arson The malicious and intentional burning of property.
   
Assault

An unlawful attempt coupled with the present ability to commit violent injury on the person of another.
   
Attempt A try to commit a crime.
   
Attestation

The act of witnessing the signature or execution of a deed or other instrument and of subscribing the name of the witness in testimony of such fact.
   
Autopsy

The dissection of a dead human body by an authorized person in order to determine the cause of death.
   
Bail

Security required to guarantee appearance of a person for trial at a later date so that he can be released from jail.
   
Bail Bond

Bond given by the defendant with one or more sureties conditioned on the appearance of the defendant at a specified time.
   
Bailee


One to whom goods are given or entrusted upon conditions which include the return or other specified disposal of the goods following fulfillment of the conditions
   
Bailor The person who delivers goods to a Bailee.
   
Ballistics

The science of projectiles. The use of guns, shells, powder marks, and bullets in tests as a means of criminal identification.
   

Battery


The unlawful use of force by one person upon another; this includes beating, wounding, and touching, no matter how trifling, of another's person or clothes in an angry, insolent or hostile manner. Legally, the offense may be an civil wrong, a tort, or a criminal offense.
   
Bench Warrant

A warrant issued by a court of law. Generally issued by the judge when an individual fails to appear in answer to a court request.
   
Beneficiary

One for whose benefit a trust is created or to whom an insurance policy is payable.
   
Bequeath To leave or to give personal property by will.
   

Bias

To foster prejudice; also the tendency to favor and support a certain point of view.
   
Bigamy The act of marrying one person while married to another.
   

Blackmail

To extort money by threats of exposure to a public accusation, censure, or disgrace; also, money extorted from one by threats of exposure, force, and fear.
   
Bona Fide In good faith or with good faith.
   
Bond A certificate or evidence of debt.
   
Bribery

Act of giving or taking a favor with a view to corrupting the conduct of a person in a position of trust.
   
Burglary

Forcible entry into any house, store, or building with intent to commit larceny or felony.
   
Calendar A list of cases scheduled for trial.
   
Circumstantial Evidence Conditions and surroundings from which the existence of the main fact may be inferred logically and reasonably.
   
Coercion The act of forcing someone to commit a crime or some other act.
   
Collusion


A deceitful agreement or compact between two or more persons for one party to bring an action against another for some evil purpose or to defraud a third person of his rights.
   
Commitment

A court order that officially directs the taking of a person to a jail, prison, or institution.
   
Common Law

Unwritten law is derived chiefly from the laws of England. The common law has been superseded by statute in most of our states.
   
Competent Duly qualified, either legally or naturally.
   
Complaint

A charge made to a court of law that a crime or civil wrong has been committed. A police citation is considered a complaint.
   
Compounding


An act by which a person having knowledge of the actual commission of a crime takes some reward or forbears to assist in the prosecution of a criminal or allow him to escape.
   
Concurrent

Existing at the same time. For example, if two courts each have jurisdiction of an action, it may be said that they have concurrent jurisdiction.
   
Confession

A voluntary statement by an accused person acknowledging the he committed a crime.
   
Consent Agreement; the act or result of coming into accord.
   
Conspiracy
A criminal partnership wherein two or more persons agree to commit a crime.
   
Construction

The process of determining the real meaning of words in cases in which such meaning is not clear.
   
Contempt

Willful disrespect or disregard of the order or process of the Court. It is an offense against the dignity of the Court.
   
Continuance A postponement of any specific step in any judicial proceeding.
   
Contraband

Goods which the law forbids to be processed, sold, or purchased, imported or exported.
   

Conveyance

A carrier such as a taxi, bus, or private vehicle. Also, in law, an instrument in writing by which property or title to property is transferred from one person to another.
   
Conviction A ruling by a court that a person is guilty of the crime alleged.
   
Coroner
An officer whose duty is to determine the cause of violent or unusual death.
   
Corpus Delicti The basic facts necessary to prove the commission of a crime.
   
Corroboration Additional evidence to confirm or support the testimony of a witness.
   
Counterfeit

To make an imitation of something genuine, such as a coin, without lawful authority and with intent to deceive.
   
Credibility The extent of worthiness of belief.
   
Crime A public offense against the government, punishable upon conviction.
   
Criminal Negligence

An aggravated form of negligence. It is conduct which shows a wanton or reckless disregard for the safety of others.
   

Cross-Examination

The questioning of a previously examined witness by the side that did not produce him as a witness.
   
Culpability Guilt; blame.
   
Custody The care and keeping of anything.
   
Decedent One who has died.
   
Decree

A declaration of the Court announcing the legal consequences of the facts found to be true.
   
Defamation
Injuring one's reputation, fame or character by false and malicious statements.
   
Default An omission to do that which should be done.
   
Defendant The party against whom a court action is maintained.
   
Deposition

A written statement signed and sworn to and obtained through questions and answers.
Devisee The person to whom lands or other real property are given by will.
   
Direct Examination The examination of a witness by the party producing the witness.
   
Direct Verdict

In jury trials, an order by the judge to the jury to find a certain fact or result.
   
Disbarrment To take away an attorney's authority to practice law.
   
Discovery Obtaining disclosure of facts not previously known.
   
Discretion Power or privilege to act unhampered by fixed legal rules.
   
Divorce A dissolving of the marriage contract by judicial order.
   
Docket A book kept by the Clerk of the Court containing a list of the cases to be tried.
   
Donee One to whom a gift or power is given.
   
Donor One who makes a gift or confers a power.
   
Double Jeopardy

The danger which a person is exposed to when being tried the second time for the same offense.
   
Duress Restraint bye force on a person to do something against his will.
   
Embezzlement The taking by a person of money or other property entrusted to him.
   
Entrapment


The act by police of inducing a person to commit a crime not contemplated by him for purpose of prosecuting him. The idea of the crime originates with the police.
   
Estate The interest which one has in property.
   

Evidence

All the means by which an alleged fact is established or disproved. Evidence consists of testimony of witnesses, documents, and other physical matter that can be seen. Evidence may be direct, real, and circumstantial.
   
Exception A formal objection to an action of the court.
   
Execution


The act of complying with court orders against a person or his property. Also, the death of a person by the government for a capital offense.
   
Exoneration

The act of removing a debt or obligation which is charged against certain property.
   
Ex Post Facto

After the fact; pertains to a law that is designed to punish acts that were committed before the passage of the law.
   
Extradition

The process of returning an accused or convicted person to a jurisdiction in which he is wanted by another jurisdiction.
   
False Imprisonment An unlawful violation of the personal liberty or freedom of another.
   
False Pretense

A deceitful and fraudulent act used to gain money or other property owned by another unlawfully.
   
Felony

A major crime that is punishable by death or imprisonment in a state or Federal prison.
   
Fence
A person who knowingly receives stolen property to aid in its disposition.
   

Fiduciary

One who holds property or goods in trust for another or has a special obligation to another.
   
File
To deliver to the Court or Clerk something to be kept in the Court files.
   
Finding A decision on an issue of fact.
   
Fine A money penalty for committing an unlawful act, such as a traffic violation.
   
Foreclosure
A termination of debtor's rights in property given to secure an obligation.
   
Forfeiture
The loss of goods or other property as a punishment for a criminal act.
   
Forgery The like making or altering of a writing, such as a check or other instrument with intent to defraud.
   
Fornication Unlawful sexual intercourse on the part of an unmarried person.
   
Forum A court of justice.
   
Fraud

A false or misleading representation of a factual matter which intentionally deceives another so that he will act upon it to his legal injury.
   
Gaming

A contract between persons by which they gamble with dice, cards, or other contrivances.
   
Garnishee


A party in whose hands money or property is attached by the creditor of another and who has had warning of garnishment not to pay or deliver it to the defendant.
   
Garnishment


A warning to a person who holds the attached property or money of another not to pay or deliver it to the defendant but to appear and answer the plaintiff's suit.
   
Gross Negligence Obvious failure to exercise care demanded by circumstances
   
Guardian


A person lawfully given the power and charged with the duty of taking care of the person and managing the property of another, who, for some reason is considered incapable of administering his own affairs.
   
Habeas Corpus

A writ commanding a person having another in his custody to produce the detained person before a court.
   
Habitual Criminal

A person sentences to prison for a long term or for life because of multiple previous convictions.
   
Hearsay

Information received indirectly such as evidence which a witness had heard from others but which did not originate with him.
   
Heir One who inherits property.
   
Holographic Will
A will written entirely in the handwriting of the person making the will.
   
Homicide The killing of a human being by another human being.
   
Incarceration Imprisonment; confinement in jail.
   
Incest The offense of intermarriage or sexual relations between persons closely related.
   
Inchoate Begun but not completed.
   
Indictment

An indictment is a formal charge of crime based on legal testimony of witnesses and the concurring judgment of the Grand Jury.
   
Information

An accusation or complaint of a felony crime, presented by the prosecuting attorney to the court. The Grand Jury is not involved.
   
Injunction A judicial order requiring a person to whom it is directed to do or refrain from doing a particular thing.
   
Inquest

A judicial inquiry by a court or coroner into the cause of sudden or unusual death.
   
Interrogatory A written question.
   
Intestate One who dies without making a will.
   
Jeopardy See Double Jeopardy.
   
Joinder Joining together.
   
Joint United; combined; undivided.
   
Judgment

The sentence or final order of a court in a civil or criminal proceeding. The official declaration by a court of the result of a lawsuit.
   
Judicial Notice

The notice a judge takes of facts of common knowledge which it is not necessary to prove.
   
Jurisdiction

The power and authority by which judicial officials recognize and decide cases; also used to indicate a government having jurisdiction.
   
Juvenile
An offender under a specified age; usually tried under special procedures.
   

Kidnapping

The forcible stealing, taking, enticing or carrying away of a human being for the purpose of extorting money or property.
   
Kleptomaniac A person with an uncontrollable, morbid impulse to steal.
   
Larceny

The crime of intentionally taking and carrying away the property of another pares against his will.
   
Libel

A malicious defamation expressed in writing or by signs or pictures tending to blacken the memory of a dead person or the reputation of a living person.
   
Lottery

A scheme or device for the distribution of prizes by chance among the buyers of the chances.
   
Magistrate A judge, usually of a lower court.
   
Malice

A wish to vex, annoy, or injure another. An evil state of mind leading to the intentional performance of a wrongful act.
   
Mischief Maliciously injuring or destroying any real or personal property.
   
Manslaughter

The unlawful killing of a person without malice, usually through negligence or in heat of passion.
   
Mayhem

The maiming of a person by maliciously and willfully depriving him of the use of a part of his body, such as putting out an eye.
   
Misdemeanor

Any crime not a felony is a misdemeanor. This is a lesser crime, usually punishable by county jail sentence and/or a money fine.
   
Misprision The concealment of a crime, especially of treason or a felony.
   

Mistrial

Where the judge orders the trial to be discontinued, either because of some prejudicial event during the trial or because the jury cannot agree on a verdict.
   
Modus Operandi The method operation of a criminal.
   
Motion

A written or oral request to the Court for a specified order or other relief in an existing action.
   
Murder The unlawful killing of a human being with malice aforethought.
   
Negligence

The failure to use the degree of card that an ordinarily prudent man would use under similar circumstances.
   
Nolo Contendere

A plea by a defendant in a criminal action that he will not contest the accusation. It is not an admission of guilt.
   
Non Compos Mentis Mentally unsound.
   
Notice Knowledge or information of the existence of something.
   
Nuisance

A condition which annoys, vexes, or interferes with the use of property by others, such as smell, noise, or a health hazard.
   
Oath

A pledge of the truth of a statement which renders one purposely asserting untrue statements punishable for perjury.
   
Obstructing Justice


The crime of interfering with the activities of those who see justice in a court or of those who have the power or duty of administering justice or enforcing the law.
   
Ordinance A law, order, or decree of a municipal body such as a city or county.
   
Overt Act An open act from which intent to commit a crime can be implied.
   
Parole

The conditional release from prison of a person who has served part of his sentence in an institution.
   
Penal
A word pertaining to punishment for crime, e.g., penal institution or penal code.
   
Perjury
The criminal offense of willful giving of false testimony while under oath.
   
Perpetrator The person who actually commits an act.
   
Petit Jury A trial jury.
   

Petition

An application made to the Court in an action in which there are no opposing parties, asking for the exercise of the Court's judicial powers in relation to some matter which is not the subject of an existing action or for authority to do some act which requires the permission of the Court.
   
Plaintiff

Used in civil cases, the title of the party who commences an action. Used interchangeably with "complainant."
   
Plea

An allegation made by either party in a case. A criminal defendant may plead guilty or not guilty.
   
Pleadings
Papers filed with the Court containing the claims and defenses of the parties.
   
Police Power


The broad power under which the government can restrain private rights for the general welfare of the people. Authority delegated to the police by the people.
   
Posse

A force of men called by a sheriff to assist him in pursuing a criminal, quelling a riot, or making an arrest.
   
Post Mortem

After death; pertains to an expert examination, called an autopsy, to determine the cause of death.
   
Preliminary Examination
A hearing before a magistrate to decide if an accused person should be held on a criminal charge and whether or not a crime was actually committed.
   
Presumption

The inference of a fact. It is assumed that a fact is so until proved to the contrary. The presumtion of innocence is an example.
   
Pretermitted Child A child not mentioned in the will of a testator.
   
Prima Facie

At first view; the evidence which, unless contradicted, is enough to establish a fact.
   

Prima Facie Evidence


Evidence which is sufficient to establish a particular fact unless rebutted or overcome by other evidence. For example, a blood test for alcohol of a given percentage is prima facie evidence, under most statues, of intoxication or being under the influence of alcohol.
   
Principal

Any person involved in the criminal act, whether it be a felony or a misdemeanor.
   
Privileged Communication
Conversation that may not be introduced in evidence, as communication between husband and wife or with a priest, doctor, or a lawyer.
   
Probable Cause

A finding that there is evidence that would lead a reasonable person to believe that a crime had been committed and that a certain person committed it.
   

Probate

The process of determining interests in the property of one who has died.
   
Probation

A method of permitting a convicted person to stay out of jail, instead of imprisoning him, on condition that he observe specific terms and conditions.
   
Process

A judicial writ or order issued by a court, such a a summons, citation, or subpoena.
   
Prosecution

Criminal proceedings in the court conducted by the attorney representing the government.
   
Rape Act of sexual intercourse with a female, not the wife of the perpetrator, accomplished by force, fear, or deceit.
   
Receiver A person who knowingly buys or receives stolen merchandise from a thief.
   

Recidivist

An habitual criminal; one who has been convicted more than once of a crime, misdemeanor, or delinquency; most aptly describes a confirmed criminal such as a repeater.
   

Recognizance

 

Formal proceedings whereby sureties agree to produce the defendant or pay the stated amount. In minor offenses, the Court may order defendant to recognize personally, in stated amount, where there is not a great danger of escape.
   
Redemption Repurchase of an interest in property.
   
Referee A person authorized to perform certain duties and powers of a judge.
   
Regulation A rule or order prescribed for management or government.
   
Relevant

In the law of evidence, relevant means relating to the case at hand; pertinent, meaningful, and having to do with the matter before the Court.
   
Renunciation Act of abandoning a right acquired without transferring it to another.
   
Replevin

The recovery of goods claimed to have been wrongfully seized. The owner gets the property back by a writ or court order.
   
Repression The act of checking or keeping under restraint or control.
   
Reprieve A delay in the execution of a sentence.
   
Repudiate To reject; to refuse to acknowledge or to pay.
   
Res Judicata

A case that has been tried in a court of law. The matter has been legally abjudicated.
   
Res Gestae


Things done; refers to the entire transaction or event. Includes words and acts done immediately after the incident which are usually spontaneous and are considered to be part of the act or event.
   
Respondent
The person charged with an offense; used interchangeably with "defendant."
   
Restitution
The act of restoring and returning a thing or its value to the lawful owner.
   
Return

The certificate by an officer as to his activities in connection with a warrant or other legal order.
   
Revocation To destroy the effectiveness or make void.
   
Riot

Disturbance of the peace by two or more persons acting together and without the authority of law.
   
Robbery


The felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force and fear.
   

Rout

Two or more persons, assembled and acting together, making any attempt or advance toward the commission of an act which would be a riot if actually committed.
   
Sabotage

The willful obstruction of and interference with the normal process of government and industry.
   
Scienter Knowingly; guilty knowledge.
   
Search Warrant



A written order by a judge or magistrate authorizing an officer of the law to search a specific area for certain unlawful goods concealed in a house, store, or other premises. The recovered personal property, if any, is brought before the court for legal disposition.
   
Secrete To conceal or hide away.
   

Security Interest

An obligation of some type given by a debtor to produce a resource to be used by the creditor in case the debtor fails to pay the principal obligation.
   

Sedition

 

An offense against the government of a country, not amounting to treason, consisting of attempts made by meetings, speeches, or publications to disturb the tranquility of the state or excite discontent against the government.
   
Seizure The taking of possession forcibly.
   
Sentence The judgment of the Court passed upon a defendant after a finding of Guilty.
   
Severance Separation; division.
   
Simultaneous Happening at the same time.
   
Solemnize To enter into the marriage contract in the manner prescribed by law.
   
Spouse One's husband or wife.
   
Squatter One who settles on another's land without title or authority.
   

Statute

 

An act of a legislature declaring, commanding, or prohibiting something. Statute law is the express written will of the the legislature, rendered authentic by certain prescribed forms.
   
Stay

The stopping of a judicial proceeding or enforcement of a judicial order by order of the Court.
   
Subornation of Perjury The offense of willfully procuring another person to commit perjury.
   
Subpoena A writ or court order commanding the attendance or appearance of a witness or party in court, or before a judicial officer, under a penalty in case of disobedience.
   
Subpoena Duces Tecum

A writ or court order commanding the attendance or appearance of a witness or party in court, or before a judicial officer, under a penalty in case of disobedience.
   
Subrogation

The substitution of one person in the place of another as a creditor with the new creditor succeeding to the rights of the other.
   
Succession The passing of property of one who has died.
   
Summons

A writ directed to a police officer requiring him to summon a defendant to appear in court to answer a plaintiff's actions.
   
Surety

One who agrees to pay money or do any other act in the event that the person primarily responsible fails to do so.
   
Suspended Sentence Decision by a judge imposing a sentence but relieving the defendant from the effect of it — either of a fine or imprisonment, or both.
   
Tenant One who owns the right to possess land or other property.
   
Testator One who makes a will or dies leaving a will.
   
Theft


The wrongful or fraudulent taking and carrying away by any person of the personal goods of another from any place, without any right to deprive the owner of his property permanently.
   
Tort A civil wrong independent of a contract.
   
Trespass

Invasion of another person's rights or territory; also to enter unlawfully upon another person's land.
   
Usury Interest in excess of a legal rate established by law.
   
Venue

Geographical location. The place or county in which an injury is declared to have been done.
   
Verdict
The finding of a jury in favor of one or the other party to an action at law.
   
Void
Of no force or effect; absolutely null; unable to be confirmed or made effectual.
   
Waiver The voluntary or intentional giving up of a known right.
   
Warrant

Legal order issued by a magistrate commanding the officer to arrest a specified person on a given complaint.
   
Will A legal expression as to what will be done with one's property after death.
   
Willfully


Describes the way in which a person purposefully and willingly commits an act or an omission. Having intent to violate the law or injure another is not required.
   

Witness

One who testifies as to what he has seen, heard or otherwise observed.
   
Writ

A judicial instrument by which a court commands some act to be done by the person to whom it is directed.

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