fair warning. Criminal law. The requirement that a criminal statute define an offense with enough precision so that a reasonable person can know what conduct is prohibited and so that a reasonably skilled lawyer can predict what conduct falls within the statute’s scope. — Also termed fair notice. [Cases: Criminal Law 13.1(1). C.J.S. Criminal Law […]
vagueness doctrine. Constitutional law. The doctrine — based on the Due Process Clause — requiring that a criminal statute state explicitly and definitely what acts are prohibited, so as to provide fair warning and preclude arbitrary enforcement. — Also termed void-for-vagueness doctrine. See void for vagueness under VOID. Cf. OVERBREADTH DOCTRINE. [Cases: Constitutional Law 258(2).]
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surprise. An occurrence for which there is no adequate warning or that affects someone in an unexpected way. • In a trial, the procedural rules are designed to limit surprise — or trial by ambush — as much as possible. For example, the parties in a civil case are permitted to conduct discovery, to determine