Juridical Dictionary

This dictionary contains:
8526
juridical terms

Beyond a reasonable doubt




Beyond a reasonable doubt

The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.

RELATED TERMS
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Standard
1) In war. An ensign or flag used in war. 2) Measure. A weight or measure of certain dimensions, to which all other weights and measures must correspond; as, a standard bushel. Also the quality of certain metals, to which all others of the same kind ought to be made to conform; as, standard gold, standard silver.

Criminal
Relating to, or having the character of crime

Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned

Jury
A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals.

Crime
An act or omission which is prohibited by criminal law. Each state sets out a limited series of acts (crimes) which are prohibited and punishes the commission of these acts by a fine, imprisonment or some other form of punishment. In exceptional cases, an omission to act can constitute a crime, such as failing to give assistance to a person in peril or failing to report a case of child abuse.

Prosecution
Criminal law. The means adopted to bring a supposed offender to justice and punishment by due course of law.

Proof
Practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist.

State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.

Establish
This word occurs frequently in the Constitution of the United $tates, and it is there used in different meanings. 1) To settle firmly, to fix unalterably; 2) To make or form as, to establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, which evidently does not mean that these laws shall be unalterably established as justice. 3) To found, to create, to regulate; 4. To found, recognize, confirm or admit; 5) To create, to ratify, or confirm.

Absolute
Without any condition or encumbrance, as an "absolute bond,"simplex obligatio, in distinction from a conditional bond;

Evidence
Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial.

Conclusive
What puts an end to a thing. A conclusive presumption of law, is one which cannot be contradicted even by direct and positive proof.

Reasonable
Conformable or agreeable to reason; just; rational.

Ordinary
Civil and Ecclesiastical law. An officer who has original jurisdiction in his own right and not by deputation.

Person
This word is applied to men, women and children, who are called natural persons.



SIMILAR TERMS
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PREVIOUS AND NEXT TERMS
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Best evidence
Means the best evideince of which the nature of the case admits, not the highest or strongest evidence which the nature of the thing to be proved admits.

Best interest of the child
A discretionary legal standard that pertains to support, visitation and custody.

Best law
Luther L. McDougal III created the "best law" theory to solve conflict problems. This theory calls for the courts in the United States to seek the "best rule of law" in both interstate and international conflicts. He defines the "best rule of law" as the rule which "best promotes net aggregate long-term common interests."

Better rule of law
Unlike Currie's governmental interest analysis, which called for the lex fori in conflict of law cases, or functional analysis, which weighs one government's interest against the other to resolve conflict cases, Robert A. Leflar advocated evaluating each government's interest with five "choice influencing considerations." The last, and eventually the most famous and influential of these five considerations called for the application of "the better rule of law." These criteria were criticized for being excessively subjective, and thus unpredictable.

Betterments
Improvement's made to an estate. It signifies such improvements as have been made to the estate which render it better than mere repairs.

Beyond a reasonable doubt

Bicycle
Held to be a "carriage" within a statute forbidding fast driving. In the absence of legislative prohibition, riders of bicycles would seem to have the same rights on highways as those using any other vehicle.

Bid
Contracts. A bid is an offer to pay a specified price for an article about to be sold at auction.

Bid rigging
In purchasing, any scheme that gives the appearance of competitive bids but is actually not competitive because the participants establish the winner before submitting bids for the contract.

Bid rotation
In purchasing when bidders for contracts Collude to distribute work among themselves by establishing which among them will win particular bids.

Bidder
Contracts. One who makes an offer to pay a certain price for an article which is for sale.

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This dictionary contains 8526 terms.







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