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Civil Rights Act of 1991
Age Discrimination
Age Discrimination Act 1967
Pregnancy Discrimination
Race/Color Discrimination
National Origin Discrimination
U.S. EEOC |
Act
(e.g., Civil Rights Act). The product of a legislative body. An act
may be a law about a particular subject such as the Clean Air Act. But
"act" may also refer to the name of a bill. For example, the Working
Families Flexibility Act is the name of a bill that was proposed in
the 104th, 105th, 106th, and 107th Congress, but to date, has not been
enacted into law.
Actus reus
The act or omissions that comprise the physical elements of a crime
as required by statute. See, e.g. Schad v. Arizona, 501 U.S. 624
(1991).
Affidavit
A voluntarily sworn declaration of written facts. Affidavits are
commonly used to present evidence in court. see, e.g. Edenfield v.
Fane, 507 US 761 (1993).
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Federal Sector EEOC
Equal Pay Act of 1963
Rehabilitation Act of 1973
American with Disabilities Act
Filing A Charge
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Affirmative action
In 1961, President John F. Kennedy issued an executive order
mandating government contractors to "take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national
origin." (Executive Order 10925 (http://www.eeoc.gov/abouteeoc/35th/thelaw/eo-10925.html))
Since 1965, government contractors have been required to document
their affirmative action programs through compliance reports, to
contain "such information as to the practices, policies, programs, and
employment policies, programs, and employment statistics of the
contractor and each subcontractor . . . " (Executive Order 11246 (http://www.dol.gov/esa/regs/statutes/ofccp/eo11246.htm)).
Enforcement is conducted by the
Office of Federal Contract Compliance Programs (http://www.dol.gov/esa/ofccp/index.htm),
US Department of labor.
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Arraignment
The first step in criminal proceeding where the defendant is
brought in front of the court to hear the charges and enter a plea.
See, e.g. County of Riverside v. McLaughlin 500 US 44 (1991) and
Godinez v. Moran, 509 US 389 (1993).
Assault
Attempt to inflict physical harm on another individual, whether
successful or not, of which the intended victim is aware. Assault can
be both a criminal and civil wrong, redressed by either criminal
punishment or damages.
Battery
The crime of battery is the actual infliction of harm; combined
with the crime of assault, it is the threat and action of inflicting
harm. Battery is also a civil wrong for which a victim can file for
damages.
Civil
In reference to law, concerns conflicts between private
individuals.
Clemency
The power of the President of the United States or a state governor
to pardon a criminal or to commute a sentence. The term itself means
"leniency" or "mercy." see, e.g.
Herrera v. Collins, 506 US 390 (1993).
Common law
Law that is derived from judicial decisions instead of from
statutes. Early American common law was taken from Engish common law.
See, e.g. Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996).
Compensatory damages
Damages awarded according to the amount of actual harm suffered by
the
plaintiff. Compensatory damages are awarded before punitive
damages are considered. see, e.g. Cohen v. de la Cruz 523 US 213
(1998).
Contempt of court, civil
Civil contempt of court is used to coerce a party
to perform an action. When discussing civil contempt, commentators
often use the phrase "the contemnor has the key to the cell in his own
pocket". The meaning is that the contemnor is being required to
perform some action. If the contemnor performs that action, he will be
released, immediately, from whatever sanction the court has imposed.
Contempt of court, criminal
Criminal contempt of court is a criminal charge which is employed
to punish behavior that interferes with the proceedings or orders of a
court. Criminal indirect contempt of court is based on violation of a
court order, whereas criminal direct contempt of court is based on
conduct at court proceedings. Defendants charged with criminal
contempt are afforded all the usual privileges of other criminal
defendants, like the right to a trial by jury, to examine, and to
call, witnesses, and to testify on one's own behalf.
Damages
In tort law, a remedy in the form of monetary compensation to the
harmed party.
Defendant
In a civil matter, the party sued by the
plaintiff; in a criminal matter, party who is prosecuted.
Double jeopardy
The Double Jeopardy Clause in the Fifth Amendment to the US
Constitution (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv)
prohibits anyone from being prosecuted twice for substanially the same
crime. See, e.g. United States v. Ursery, 518 US 267 (1996).
Due process
The Constitution states only one command twice. The Fifth Amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendment)
says to the federal government that no one shall be "deprived of life,
liberty or property without due process of law." The Fourteenth
Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html),
ratified in 1868, uses the same eleven words, called the Due Process
Clause, to describe a legal obligation of all states. These words have
as their central promise an assurance that all levels of American
government must operate within the law ("legality") and provide fair
procedures. Most of this essay concerns that promise. We should
briefly note, however, three other uses these words have had in
American constitutional law.
Embezzlement
Embezzlement occurs when someone who has been entrusted with money
or property appropriates it for personal use and benefit.
Eminent domain
The power of the government to take private property and convert it
into public use. The Fifth Amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv)
provides that the government may only exercise this power if they
provide just compensation to the property owners. see, e.g. Loretto v.
Teleprompter Manhattan CATV Corp. 458 US 419 (1982).
Extradition
To surrender, or obtain surrender of, a fugitive from one
jurisdiction to another. see, e.g. United States v. Alvarez-Machain,
504 US 655 (1992), and In the matter of Morris Strauss, 197 US 324
(1905).
Extradition under American law
The constitutional basis for state-to-state extradition is found in
the Extradition Clause, Article IV section 2 (http://www.law.cornell.edu/constitution/constitution.articleiv.html#section2)
of the US Constitution. The statute implementing extradition is Title
18, Sect. 3182 of the US Code. Further extradition guidelines are to
be found in the Uniform Criminal Extradition Act, adopted in many
states.
Felony
A serious crime punishable by more than a year in prison or by
death. At English common law, a felony was any crime punishable by
forfeiture of land or goods to the Crown.
Gerrymander
When districts are divided using irregular delineation in order to
give one political group an advantage over another. Frequently
referred to as "political gerrymandering" or "jurisdictional
gerrymandering." see, e.g. United States v. Hays, 515 US 737 (1995)
and Miller v. Johnson, 515 US 900 (1995).
Grand jury
A group of people selected to sit on a jury that decides whether to
return indictments. Grand juries usually consist of 23 people and
convene for a minimum of one month but can last up to a year.
Immunity
Generally, freedom from legal obligation to perform actions or to
suffer penalties, as in "immunity from prosecution". Specific types of
immunity are separately defined and discussed.
Indictment
The formal process of charging a person with a crime. In most
contexts, the word is used when a grand jury determines that there is
enough evidence to proceed to trial. At this time, the person is said
to be "indicted." see, e.g. United States v. Cotton 535 U.S. 625
(2002).
Injunction
An injunction is a court order requiring a person to do or cease
doing a specific action. There are two types of injunctions: a
temporary restraining order and a preliminary injunction. The purpose
of both is to maintain the status quo either by preventing a defendant
from becoming insolvent or to stop the defendant from continuing to
act in the manner complained of. Injunctive relief is a discretionary
power of the court and failure to comply with an injunction may result
in being held in contempt of court. See e.g. Roe v. Wade 410 US 113
(1973).
Libel
False words, which damage another person's reputation or good
character and are conveyed in a lasting manner, especially writing.
See e.g. New York Times Co. v. Sullivan, 376 U.S. 254 (1964). See also
defamation, slander.
Mail fraud
Mail fraud occurs when the U.S. Mail is used in furtherance of a
criminal act.
Miranda rights
When suspects are arrested or detained, they must be informed of
their constitutional right against self-incrimination and the right to
an attorney. If they are not told of their rights, any information
gathered by police during an interrogation is inadmissible in a court
of law. See, e.g. Miranda v. Arizona, 384 US 436 (1966). Subsequent
lower court cases have ruled that statements given voluntarily are
admissible even if Miranda rights were not read before the statement
was given.
Mistrial
A mistrial occurs when 1) a jury is unable to reach a verdict and
there must be a new trial with a new jury; 2) there is a serious
procedural error or misconduct that would result in an unfair trial,
and the judge adjourns the case without a decision on the merits and
awards a new trial. See, e.g. Williamson v. United States, 512 U.S.
594 (1994).
Negligence
Failure to exercise due care. When a person fails to exercise the
care that a reasonable, prudent person would exercise under the same
circumstances, that person is said to be negligent. See, e.g. Norfolk
Shipbuilding & Drydock Corp. v. Garris, 532 U.S. 811 (2001).
Petitioner
The petitioner is the party who presents a petition to the court.
On appeal, the petitioner can be either the or defendant from the court below, as either of the
parties can present the case to a higher court for further
proceedings. See also respondent.
Plaintiff
In a civil matter, the party who initiates a lawsuit (against the
defendant).
Power of attorney
A person is said to have "power of attorney" when they are
empowered to act as an agent or as attorney-in-fact for another
person.
Prima facie
Latin for "At first sight." A prima facie case presents enough
evidence for the plaintiff to win the case barring any defenses or
additional evidence presented by the defendant. see, e.g. Hernandez v.
New York, 500 US 352 (1991).
Pro bono
From the Latin term pro bon publico, which literally means
for the public good. Pro Bono refers to legal service provided
voluntarily by law firms, law schools and attorneys without monetary
compensation.
Pro se
Latin for "for oneself, on one's own behalf." When a litigant
proceeds without legal counsel, they are said to be proceeding "pro
se." see, e.g. Rivera v. Florida Department of Corrections, 526 U.S.
135 (1999).
Punitive damages
Punitive damages are awarded in addition to actual damages in
certain circumstances. Punitive damages are considered punishment and
are awarded when the defendant's behavior is found to be especially
harmful, but are normally not awarded in the context of a breach of
contract claim. See e.g. O'Gilvie Minors v. United States 519 US 79
(1996). See also Honda Motor Co. v. Oberg 512 US 415 (1994).
Sanction
To punish. A punishment imposed on parties who disobey laws or
court orders. See e.g. Chambers v. Nasco, Inc. 501 U.S. 32 (1991).
Slander
A false statement, usually made orally, which defames another
person. Unlike libel, damages from slander are not presumed and must
be proven by the party suing. See, e.g. TXO Production Corp. v.
Alliance Resources, 509 U.S. 443 (1993).
Subpoena
A subpoena is a written order to compel an individual to give
testimony on a particular subject, often before a court, but sometimes
in other proceedings (such as a Congressional inquiry). Failure to
comply with such an order to appear may be punishable as contempt.
Temporary restraining order
A short-term order, issued by a judge, which prevents one party
from acting in a way that could irreparably harm another before a
hearing can be held.
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