Juridical Dictionary

This dictionary contains:
8526
juridical terms

Miranda warning






Miranda warning

Also known as the "Miranda Rule, this is the name given to the requirement that police officers, in the U.S.A., must warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided before any questioning is so desired. Failure to issue the Miranda warning results in the evidence so obtained to not be admissible in the court. The warning became a national police requirement when ordered by the US Supreme Court in the 1966 case Miranda v. Arizona and that is how it got the name.

RELATED TERMS
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Rule
This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an instrument by means of which may be drawn from one point to another, the shortest possible line, which is called a straight line.

Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.

Police
That species of superintendence by magistrates which has principally for its object the maintenance of public tranquillity among the citizens. The officers who are appointed for this purpose are also called the police.

Arrest
To stop; to seize; to deprive one of his liberty by virtue of legal authority.

Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

Statement
Pleading and in practice. In the courts of Pennsylvania, by the act to regulate arbitrations and proceedings in courts of justice, is enacted, "that in all cases where a suit may be brought in any court of record for the recovery of any debt founded on a verbal promise, book account, note, bond, penal or single bill, or all or any of them, and which from the amount thereof may not be cognizable before a justice of the peace, it shall be the duty of the plaintiff, either by himself, his agent or attorney, to file in the office of the pro-thonotary a statement of his, her or their demand, on or before the third day of the term to which the process issued is returnable, particularly specifying the date of the promise, book account, note, bond, penal or single bill or all or any of them, on which the demand is founded, and the whole amount which he, she, or they believe is justly due to him, her or them from the defendant."

Court
A body in government to which the administration of justice is delegated.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Lawyer
A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister.

Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.

Failure
A total defect; an omission; a non-performance. Failure also signifies a stoppage of payment; as, there has been a failure to-day, some one has stopped payment.

Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.

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.

Admissible
Any form of testimony or evidence that is allowed into court.

National
National or public domain. All the property which belongs to the state is comprehended under the name of national or public domain.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Supreme
That which is superior to all other things; as the supreme power of the state, which is an authority over all others. The supreme court, which is superior to all other courts.

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



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Mint
The place designated by law, where money is coined by authority of the government of the United States.

Minute
1) Measures. In divisions of the circle or angular measures, a minute is equal to sixty seconds, or one sixtieth part of a degree. 2) Practice. A memorandum of what takes place in court; made by authority of the court. From these minutes the record is afterwards made up. They are so called because the writing in which they were originally, was small, that the word is derived, from the Latin minuta, (scriptura) in opposition to copies which were delivered to the parties, and which were always written in a larger hand.

Minute book
A book kept by the clerk or prothonotary of a court, in which minutes of its proceedings are entered. It has been decided that minutes are no part of the record.

Minute order
An official record of a court proceeding. it is prepared by the court clerk and is not a judgment.

Minutes
A written record of the proceedings of director's or shareholder's meetings. Usually a summary of the discussion at meetings and a record of formal resolutions passed. The minutes of a meeting are usually prepared by the secretary and then presented and approved at the next meeting and signed by the chairman.

Miranda warning

Mirror des justices
The Mirror of Justices, a treatise written during the reign of Edward II. Andrew Horne is its reputed author. It was first published in 1642, and in 1768 it was translated into English by William Hughes. Some diversity of opinion seems to exist as to its merits.

Mis
A syllable which prefixed to some word signifies some fault or defect; as, misadventure, misprision, mistrial, and the like.

Misadventure
Criminal law, torts. An accident by which an injury occurs to another.

Misappropriation
A polite word for theft.

Misbehaviour.
Improper or unlawful conduct. A party guilty of misbehaviour; as, for example, to threaten to do injury to another, may be bound to his good behaviour and thus restrained.

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This dictionary contains 8526 terms.