CRIMINAL LAW

remedy – The manner in which a right is enforced or satisfied by a court when some harm or injury, recognized by society as a wrongful act, is inflicted upon an individual. The law of remedies is concerned with the character and extent of relief to which an individual who has brought a legal action […]

functus officio, Latin for “having performed his office,” is a legal term used to indicate that a public official, court, governing body, or statute retains no legal authority because his or its duties and functions have been completed. The term is most commonly used by a higher court as a justification for vacating or overruling […]

defendant – In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued. The person against whom a lawsuit is filed is usually called the defendant. In some states, or in certain types of actions, the defendant is called the respondent. The term respondent is also […]

In common law countries, habeas corpus, Latin for “you [should] have the body”, is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. However, habeas corpus has a much broader meaning in common law today. A writ of habeas corpus is a court order addressed […]

plaintiff – The person who initiates a lawsuit. The person who initiates a lawsuit by filing a complaint is called the plaintiff. When the document that initiates a lawsuit is called a petition rather than a complaint, the initiating person is usually referred to as the petitioner rather than the plaintiff. A plaintiff, also known […]

United States 11th Circuit Court of Appeals Reports UNITED STATES OF AMERICA v. EVANS, 05-10624 (11th Cir. 12-26-2006) UNITED STATES OF AMERICA, Plaintiff-Appellee v. HUBERT GARLAND EVANS, Defendant-Appellant. No. 05-10624. United States Court of Appeals, Eleventh Circuit. December 26, 2006. Appeal from the United States District Court for the Southern District of Florida; D.C. Docket […]