criminal law

check-kiting

Kiting or check-kiting is defined as the practice of covering a bad check from one bank account to another. Persons with multiple bank accounts use this advantage because it takes multiple days to process checks. The check that has been...

child pornography (CP)

Child pornography (CP) is any sexual depiction of a minor. Title 18, Section 2256 of the U.S. Code defines child pornography as “any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or...

circumstantial evidence

Circumstantial evidence is indirect evidence that does not, on its face, prove a fact in issue but gives rise to a logical inference that the fact exists. Circumstantial evidence requires drawing additional reasonable inferences in order to...

citizen's arrest

Citizen’s arrest is an arrest made by a private citizen, in contrast to the typical arrest made by a police officer.

Citizen’s arrests are lawful in certain limited situations, such as when a private citizen personally...

civil penalties (civil fines)

A civil penalty is a non-criminal remedy for a party’s violations of laws or regulations. Civil penalties usually only include civil fines or other financial payments as a remedy for damages. An action seeking a civil penalty can be brought...

claim

A claim is a set of operative facts creating a right enforceable in court. The term claim is generally synonymous with the phrase cause of action, though some contexts prefer to use one of the terms over the other. For example, in the field...

claim for relief

A claim for relief is a particular set of facts that one party puts forth in a pleading in court to establish that they have a right to recover against a defendant. Stating a claim for relief is a synonym for stating a cause of action....

clearly erroneous

The “clearly erroneous” standard is a standard of review in civil appellate proceedings. In the United States v. United States Gypsum Co. the Supreme Court stated that the Federal Rule of Civil Procedure 52(a) provides that “a finding is ‘...

clearly erroneous test

The clearly erroneous test is a test used by appellate courts when reviewing a holding by a lower court. The test, established by Rule 52(a) of the Federal Rules Civil Procedure, states that fact findings by a judge in a nonjury trial stand...

clemency

Clemency is the power of the President of the United States or a state governor to pardon a criminal or to commute a sentence. The term itself means "leniency" or "mercy."

See, e.g.; Herrera v. Collins, 506 US 390 (1993)....

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