A criminal defendant’s or a witness’s constitutional right — under the Fifth Amendment, but waivable under certain conditions — guaranteeing that a person cannot be compelled by the government to testify if the testimony might result in the person’s being criminally prosecuted. • Although this right is most often asserted during a criminal prosecution, a […]
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si fecerit te securum (sIfes-[schwa]r-it tee si-kyoor-[schwa]m). [Law Latin] Hist. If he has made you secure. • These were the initial words of a writ ordering the sheriff, upon receipt of security from the plaintiff, to compel the defendant’s appearance in court. — Also spelled (erroneously) se te fecerit securum.
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dedimus potestatem (ded-[schwa]-m[schwa]s poh-tes-tay-t[schwa]m). [Law Latin “we have given power”] 1. A commission issuing from the court before which a case is pending, authorizing a person named in the commission to compel the attendance of certain witnesses, to take their testimony on the written interrogatories and cross-interrogatories attached to the commission, to reduce the answers
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distringas (di-string-gas), n. [Law Latin “you are to distrain”] 1. A writ ordering a sheriff to distrain a defendant’s property to compel the defendant to perform an obligation, such as appearing in court or giving up a chattel to a plaintiff awarded judgment in a detinue action. 2. A writ ordering the sheriff to seize
rectification of register. Hist. A process by which a person whose name was wrongly entered in or omitted from a record can compel the recorder to correct the error.
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sake and soke (sayk / sohk). Hist. A lord’s right to hold court and compel attendance. — Also spelled sak and soc (sak / sok). See SOC.
right against self-incrimination. A criminal defendant’s or a witness’s constitutional right — under the Fifth Amendment, but waivable under certain conditions — guaranteeing that a person cannot be compelled by the government to testify if the testimony might result in the person’s being criminally prosecuted. • Although this right is most often asserted during a
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civil law. 1. (usu. cap.) One of the two prominent legal systems in the Western World, originally administered in the Roman Empire and still influential in continental Europe, Latin America, Scotland, and Louisiana, among other parts of the world; ROMAN LAW. • In reference to Romans, civil law (commonly referred to as jus civile) denotes
content-based restriction. Constitutional law. A restraint on the substance of a particular type of speech. • This type of restriction are presumptively invalid but can survive a constitutional challenge if it is based on a compelling state interest and its measures are narrowly drawn to accomplish that end. Boos v. Barry, 485 U.S. 312, 108
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A legislative body’s order compelling each absent member’s attendance, usu. instructing that the sergeant-at-arms arrest and present each absentee.