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Glossary of Legal TermsCivil Law - Roman law. The term "civil law" may be used to distinguish law which is not concerned with non-criminal matters. In part, Black's Law Dictionary refers to "Civil Law" as, "That division of municipal law which is occupied with the exposition and enforcement of civil rights as distinguished from criminal law." Criminal Law - In part, Black's Law Dictionary refers to "Criminal Law" as, "That branch or division of law which treats of crimes and their punishments." Felony - In part, Barron's Law Dictionary refers to a "felony" as a "generic term employed to distinguish certain high crimes from minor offenses known as misdemeanors " Statutes often define felony in terms of an offense punishable (or punished in fact) by death or imprisonment generally, ' or by death or imprisonment for more than one year.'" Indigent - experiencing want or need; impoverished "Lacking or deficient." "A needy or destitute person." (The American Heritage College Dictionary) Infraction - A traffic infraction is sometimes called a "traffic ticket." Black's Law Dictionary states that an infraction is "a breach, violation, or infringement; as of a law, a contract, a right or duty." Jurisdiction - Refer to "Venue" below for a comparison between "Jurisdiction" and "Venue." Limited Jurisdiction - Refer to "Venue" below. Misdemeanor - "Offenses lower than felonies and generally those punishable by fine or imprisonment otherwise than in penitentiary." Black's Law Dictionary. Ordinance - (Municipal Ordinance) According to Barron's Law Dictionary, a "municipal ordinance" is "a law of local application, whose violation is an offense against the city enacting it." Perpetrator - From "Perpetrate" - "To be responsible for; commit; to accomplish; to bring about." (The American Heritage College Dictionary) According to Black's Law Dictionary, the word "perpetrator" denotes the person who actually commits a crime." "But, where a servant of a railroad company is killed through the negligence of a co-worker, the company itself may be regarded as the "perpetrator" of the act, within the meaning of a statute giving an action against the perpetrator." Resolution - According to Black's Law Dictionary, a "resolution" is "a formal expression of the opinion or will of an official body or a public assembly, adopted by vote; as a legislative resolution." Statute - A statute (not to be confused with "statue") is a law. Barron's Law Dictionary states that a statute is "an act of the legislature . . . by prescribed means and in certain form such that it becomes the law governing conduct within its scope. Statutes are enacted to prescribe conduct, define crimes, create inferior governmental bodies, appropriate public monies, and in general to promote the public good and welfare. Lesser governmental bodies adopt ordinances; administrative agencies adopt regulations." Venue - VENUE is the place of trial. It refers to the possible or appropriate place for a lawsuit among several places where jurisdiction could be established. According to Barron's Law Dictionary, "JURISDICTION (emphasis added) deals with the authority of a court to exercise judicial power. Venue deals with the place where that power should be exercised. Jurisdiction over the subject matter cannot be conferred by the parties, and the lack thereof may not be waived. Venue, on the other hand, is bottomed on convenience, and improper venue may be waived." LIMITED JURISDICTION, according to Barron's, "refers to courts that are only authorized to hear and decide certain or special types of cases." Examples are Pierce County District Court and various (city) municipal courts. |
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