diplomatics. The science of deciphering and authenticating ancient writings. • The principles were largely developed by the Benedictine Dom Mabillon in his 1681 work entitled De re diplomatica. — Also termed diplomatic (n.). “Diplomatics, the science derived from the study of ancient diplomas, so called from being written on two leaves, or on double tablets. […]
A prosecution that seeks to circumvent a defendant’s double-jeopardy protection by appearing to be prosecuted by another sovereignty, when it is in fact controlled by the sovereignty that already prosecuted the defendant for the same crime. • A sham prosecution is, in essence, a misuse of the dual-sovereignty doctrine. Under that doctrine, a defendant’s protection
advance pricing agreement. Tax. A usu. binding arrangement made between a multinational company and one or more national tax authorities about what method the company will use to calculate transfer prices. • The agreement’s purpose is to reduce or eliminate double taxation. — Abbr. APA. bilateral advance pricing agreement. An advance pricing agreement made between
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critical stage. Criminal procedure. A point in a criminal prosecution when the accused’s rights or defenses might be affected by the absence of legal representation. • Under the Sixth Amendment, a critical stage triggers the accused’s right to appointed counsel. Examples of critical stages include preliminary hearings, jury selection, and (of course) trial. Cf. ACCUSATORY
separate-sovereigns rule. Criminal procedure. The principle that a person may be tried twice for the same offense — despite the Double Jeopardy Clause — if the prosecutions are conducted by separate sovereigns, as by the federal government and a state government or by two different states. See DOUBLE JEOPARDY . [Cases: Double Jeopardy 183. C.J.S.
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accidental-death benefit. An insurance-policy provision that allows for an additional payment (often double the face amount of the policy) if the insured dies as a result of an accident, as defined in the policy, and not from natural causes. — Abbr. ADB. [Cases: Insurance 2599. C.J.S. Insurance §§ 1094, 1096, 1170–1171.]
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stellionatus (stel-ee-[schwa]-nay-t[schwa]s or stel-y[schwa]-nay-t[ schwa]s. [Latin “underhand dealing”] Roman & Scots law. Conduct that is fraudulent but does not fall within a specific class of offenses. • This term applies primarily to fraudulent practices in the sale or hypothecation of land. — Also termed (in Scots law) stellionate. Cf. COZENING. “STELLIONATE… is a term applied,
fama publica (fay-m[schwa] p[schwa]b-li-k[schwa]). [Latin “public repute”] Hist. A person’s reputation in the community. • A person’s fama publica could be used against him or her in a criminal proceeding. Cf. ILL FAME . “Now in the thirteenth century we find in the sheriff’s turn a procedure by way of double presentment, and we may
Fifth Amendment. The constitutional amendment, ratified with the Bill of Rights in 1791, providing that a person cannot be (1) required to answer for a capital or otherwise infamous offense unless a grand jury issues an indictment or presentment, (2) subjected to double jeopardy, (3) compelled to engage in self-incrimination on a criminal matter, (4)
acquittal, n. 1. The legal certification, usu. by jury verdict, that an accused person is not guilty of the charged offense. acquittal in fact. An acquittal by a jury verdict of not guilty. acquittal in law. An acquittal by operation of law, as of someone who has been charged merely as an accessory after the