the writ or petition made on behalf of an incarcerated defendant
requesting that a court determine whether there is a lawful
basis for the defendants incarceration. The court will
usually set a hearing to determine whether there is sufficient
basis for the custody. This constitutional protection is used
to safeguard against arbitrary confinement without due process
collection techniques - such as threats, obscene or profane
language, harassing phone calls, and publishing lists of "deadbeats".
In a judicial
proceeding, a witness cannot testify as to what another person
says outside of court. A classic example of hearsay is when
a witness testifies that he heard someone say on the street
that the defendant loves to beat his wife. This out of court
statement is unsubstantiated and therefore excluded from evidence
under the hearsay rule. It should be noted that there are
many exceptions to this rule.
A state of
emotional rage wherein the accused is unable to form the required
specific intent of a legally deliberate act. In some states,
showing this state of emotional rage may bring a murder charge
down to one of manslaughter.
The act of
a driver who is involved in a collision with another vehicle
and then fails to stop to exchange information as required
family residence. A part or even all of the equity in the
homestead is exempt property.
killing of another human being. Included among homicides are
the crimes of murder and manslaughter. Defenses to a homicide
include self-defense, accident and insanity. The courts look
to whether the defendant possessed the required specific intent
to do harm.
individual's ordinary household furniture and furnishings.
They are generally exempt property in bankruptcy.
A group of
state or local laws that compels a landlord to maintain his
property in a certain condition.
Department of Housing & Urban Development. HUD's main
office is in Washington, D.C., but HUD also has "regional"
offices in several major cities and "area" offices
in many other cities. HUD oversees the public housing program,
and HUD also enforces federal laws against discrimination
When a jury
is deadlocked and cannot reach a unanimous decision concerning
the guilt or innocence of the defendant. The judge will be
forced to declare a mistrial. The prosecutor will need to
decide whether it is worth the expense of another trial. Most
states only allow prosecutors three chances to obtain a verdict.