legal procedure by which a portion of a spouse's wages are
paid directly to the other spouse for alimony or child support.
In some states, this is called an "earnings withholding order"
or a "wage garnishment."
of the federal Equal Employment Opportunity Commission. The
EEOC's main office is in Washington, D.C., but the EEOC also
has "regional" offices in many other cities. The EEOC enforces
federal laws against discrimination in employment.
An old, "common
law" lawsuit to evict the tenant. This is not a particularly
speedy remedy, and it is seldom used today.
removal of a minor from parental control. The minor is usually
free to live on his or her own.
crime where an employee misappropriates money or property
rightfully belonging to the employer. This crime is considered
who performs work for another person or company.
person or company who hires someone to perform work.
employment relationship in which either the employer or the
employee may terminate the employment at any time for any
written or verbal agreement that sets forth the terms (such
as the amount of pay and length of employment) under which
an employee works for an employer. Also known as an "employment
acts of law enforcement inducing or encouraging a person to
commit a crime that the person would not have been predisposed
to have committed. A court will usually look to whether the
idea for the commission of the criminal act originated with
the defendant or with law enforcement. Entrapment is a complete
defense to the crime charged.
protection of the law
right of all persons to have fair access to the law and courts.
It requires that all people be treated equally under the law,
insuring due process of law to all people charged with a crime.
market value of property, minus any debts owed on the property.
of the Employee Retirement Income Security Act, the federal
law that regulates health and retirement benefits in employment.
"Essential job functions" are normally important duties of
a job, but not the duties that are only secondary. An employee
must be able to perform a position's essential job functions,
with or without a reasonable accommodation, in order to be
covered by the federal Americans with Disabilities Act ("ADA").
term for forcing a tenant to vacate the premises.
and nonphysical things which are determined by the court to
be heard or shown to the jury for their consideration and
judgement of the ultimate facts of the case. Examples of evidence
are: witness testimony, blood stains, weapons, models, photos
and graphs. Only relevant evidence is allowed to be admitted
in a case. Evidence is relevant if it tends to prove or disprove
a fact in controversy.
questioning of a witness by an attorney. There is direct examination,
cross examination, redirect examination and recross examination.
A bail amount
set by a court that is excessive compared to an amount that
would reasonably assure the accused would return to court
for the criminal proceedings.
in a lease or rental agreement that says that the landlord
is not liable to the tenant if the tenant is injured on the
property. Sometimes these provisions are valid, and sometimes
they are not.
Amendment rule that evidence obtained by law enforcement in
constitutional violation of a defendant's rights will not
be used against the defendant. The intent of the rule is to
dissuade the prosecution and law enforcement from infringing
on the privacy rights of society.
which tends to support the innocence of a defendant.
of a judgment, usually performed by a deputy sheriff or deputy
of the president or a governor to pardon a person convicted
of a crime or to shorten a prison term. A major reason for
exercising clemency is the substantial doubt on behalf of
government officials that the accused actually committed the
employee who is exempt from federal laws requiring overtime
pay because she makes at least $250 per week, and regularly
directs the work of at least two full time employees, and
whose main responsibilities include "managing" the company,
a subdivision of the company, or an entire department.
the plaintiff in a lawsuit proves that the defendant acted
"maliciously" or with fraud, the court might allow an award
of "punitive" damages to punish the defendant and to set an
example to other people who might be thinking of doing something
similar. This is over and above compensation for the actual
damages suffered by the defendant. Same as "punitive damages".
worker who does not have the right to overtime pay.
property a debtor is allowed to keep after bankruptcy.
legal proceeding in which only one side appears in court.
Ex parte proceedings are usually allowed only where immediate
action is necessary and there is not enough time to allow
the other side to respond.
The process of giving up one's citizenship. Under
U.S. law, this can be done only by a U.S. citizen
overseas before a U.S. Consul under oath, and the
person must first establish that he is doing so
voluntarily and that he has a legal status in another
country. A person may not expatriate
himself if it would render him stateless.
Procedure used at a port of entry in which the INS officer
has the power to order a person returned without a hearing.
It applies to persons entering without a travel document and
where the person is believed to have lied or misrepresented
himself in getting the travel document to come to the U.S.
agreement in which the terms are stated by the parties. Such
a contract can be either oral or written. Compare "Implied
of money or property by threat of harm to another. Blackmail
is a form of extortion in which the threat is to expose embarrassing
and/or damaging information to another person or governmental
surrender by one state of a person charged with a crime in
may "waive extradition" by surrendering to the state where
charges were originally filed.
who actually sees or hears an event and then testifies as
to what he had seen or heard in open court.