Criminal Defense Terms and Definitions

Abstract of record A short, abbreviated form of the case as found in the record. Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery) Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. 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. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Admissible evidence Evidence which can legally and properly be used in court. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. Levy A seizure; the obtaining of money by legal process through seizure and sale of property.

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	Did You Know?
	There are 3 basic types with standard of proof There are essentially three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases, and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies: proof by clear and convincing evidence.