The INS form issued to arriving non-permanent residents
that indicates the person's legal status. An I-94 will indicate
the status as well as the expiration date of the status
and whether the status has been changed. All aliens must
carry with them either an I-94 or a "green card".
which violates a statute, regulation or ordinance and which
is punishable by a fine, jail or both.
natural child born to an unmarried woman.
The legal status of someone with permission to immigrate
to the U.S.
A travel document issued by a U.S. Consul allowing a person
to seek admission to the U.S. for permanent residence.
person who has a visa allowing her to be admitted to the
Immigration and Naturalization Service
An agency within the U.S. Department of Justice that is
charged with administering the immigration laws at the border
and within the U.S. Often called the "INS".
who would otherwise be guilty of a crime is granted exemption
from all prosecution and penalties arising out of that crime.
Most often, the government grants immunity in exchange for
the promise to testify against another defendant against
whom the government seeks to secure a conviction.
examination, a prosecutor or defense lawyer may challenge
the credibility of a witness by showing that the witness
has not been truthful, by establishing prior inconsistent
statements of that witness or by introducing evidence which
goes to the witness as biased against the defendant.
agreement in which the terms are not expressly stated, but
can be inferred from the conduct of the parties. For example,
if two people put their salary checks in a joint checking
account and use the account to pay household expenses, one
may infer that there is an implied agreement to share the
household expenses - even if the parties did not expressly
employment contract between an employer and employee that
is not written or even verbal, but rather "implied" from
the circumstances of the worker's position. There are many
factors that may prove that a worker has created an "implied"
contract, including: 1) long term employment (the longer
the worker is on the job, the better his claim), 2) promises
of future employment (such as "as long as you do a good
job, you can expect to keep your job"), 3) good performance
reviews, 4) promotions, and 5) policies or employee manuals
that state that the worker will be given "progressive discipline"
(such as a letter of warning, followed by a suspension,
etc.) rather than immediate discharge if the worker has
problems at work.
warranty of habitability
adopted by the courts that permits tenants to withhold rent
or sue landlords if they fail to comply with housing codes.
covenant of quiet enjoyment
implied into a lease or rental agreement, under which a
landlord promises not to disturb the tenant's right to peaceful
possession of the property.
which a spouse does not actually receive, but which a
judge will consider in making a support order. Typically,
income is imputed to a spouse if he or she could find
gainful employment but chooses not to.
One of a number of bases for prohibiting a person from entering
for property used for factories and the like.
who is unable to pay court filing fees might be allowed
to proceed "in forma pauperis", if the judge allows this.
The party should ask the clerk of the court for forms that
he may submit to show his lack of funds.
"in chambers." There are times when proposed evidence must
be first examined by the court before allowing it to be
shown to the jury. This commonly occurs in the privacy of
the judge's chambers. A court reporter is usually present
if the judge is prepared to accept arguments and make a
ruling on the proposed evidence.
and expense declaration
document filed with the court in a divorce proceeding that
itemizes a party's monthly income and expenses. The document
is used by the judge in awarding spousal and child support.
motion usually made for the purpose of suppressing or limiting
certain testimony or physical evidence from the trial.
who cannot fully appreciate or understand the charges being
brought against him or her and/or cannot assist in their
defense may be judged incompetent to stand trial.
defendant is institutionalized until such time that competency
finding that certain proposed evidence not be allowed to
be considered by the jury on the basis that the evidence
is not sufficiently trustworthy, and thus not to be legally
relevant to the case.
action or utterance that tends to prove the guilt of the
person charged. Under our constitution, a person cannot
be compelled to provide information that might be self-incriminating.
of being naked in front of another in a public place. When
the charge is combined with a sex charge, i.e., to obtain
sexual gratification from the act of exposure, the penalties
can be severe.
proceeding (preliminary hearing or grand jury) in which
the sole determination is made of whether there is sufficient
evidence to force a defendant to stand trial for felony
charges. The burden of proof is very low. All the prosecutor
needs to show is that it was more likely than not that the
defendant committed the crime.
in poverty who cannot afford a lawyer to represent them
in a criminal matter. In those cases, the person is appointed
free counsel known as a public defender.
criminal complaint usually in the form of a pleading itemizing
with specificity the charging allegations, along with the
factual and legal basis for the prosecution of the defendant.
is found to be not guilty of a crime.
of in propia persona, meaning representing yourself
without a lawyer.
party who sues or defends against a suit without a lawyer
is acting "in propria persona".
standard basis for a divorce complaint in a no-fault divorce
system; that the parties have irreconcilable differences.
The acronym for the "Immigration and Naturalization Service".
defense purposes it is the mental state of a defendant during
a commission of crime, such that, at the time the defendant
was committing the crime, he or she could not tell the difference
between right and wrong nor did he or she appreciate the
wrongfulness of conduct. This state of mind, if proved,
can be a total and complete defense to a crime.
stock trading by a company insider such as a high-level
employee who possesses confidential and nonpublic information
about his company and thereafter trades stock to gain unfair
advantage. The Securities and Exchange Commission enforces
insider trading laws to protect the unsuspecting investing
The procedure conducted by an INS officer at a port of
entry to determine whether a person should be admitted
to the U.S.
finding that the evidence presented was legally insufficient
to convict a person beyond a reasonable doubt.
as "mens rea" or "criminal intent" it
is the foundation of all criminal law. Our justice system
demands that before one can be found guilty of a crime,
the state must show that the person intended to do the crime.
Without intent there can be no crime.
infliction of emotional distress
legal claim brought against an employer by an employee who
suffered emotional distress at the hands of an employer
whose conduct was so outrageous that a court would consider
the conduct "beyond the bounds of common decency".
order pending a hearing and final order on the matter.
a lawsuit is filed, either party may seek to "discover"
information from the other party. One of the discovery devices
is "written interrogatories" which ask the other party certain
questions that must be answered in writingand is uderpenalty
of purgery. These answers may be used against that party
is legally intoxicated when impaired to such a level the
person is a danger to him or herself or to others. Drunk
driving laws set intoxication as that level of impairment
where one cannot operate a vehicle in a reasonably safe
manner. Most states have laws establishing presumptive levels
of intoxication. In many states that level is .08.
which does not tend to prove or disprove a fact of consequence
in the trial. However, almost any related issue can be argued
to tend to prove something of consequence in the trial.
The judge must rule on issues of relevancy based on fairness,
due process and judicial expediency.