Search Results for: CRIMINAL LAW

fellow officer rule

fellow-officer rule. Criminal procedure. The principle that an investigative stop or an arrest is valid even if the law-enforcement officer lacks personal knowledge to establish reasonable suspicion or probable cause as long as the officer is acting on the knowledge of another officer and the collective knowledge of the law-enforcement office. — Also termed Whiteley

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false advertising

false advertising, n. 1. The tortious and sometimes criminal act of distributing an advertisement that is untrue, deceptive, or misleading; esp., under the Lanham Trademark Act, an advertising statement that tends to mislead consumers about the characteristics, quality, or geographic origin of one’s own or someone else’s goods, services, or commercial activity. • Under §

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theft by extortion

Larceny in which the perpetrator obtains property by threatening to (1) inflict bodily harm on anyone or commit any other criminal offense, (2) accuse anyone of a criminal offense, (3) expose any secret tending to subject any person to hatred, contempt, or ridicule, or impair one’s credit or business reputation, (4) take or withhold action

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malicious prosecution

malicious prosecution. 1. The institution of a criminal or civil proceeding for an improper purpose and without probable cause. • The tort requires an adversary to prove four elements: (1) the initiation or continuation of a lawsuit; (2) lack of probable cause; (3) malice; and (4) favorable termination of the lawsuit. Restatement (Second) of Torts

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United States Attorney

A lawyer appointed by the President to represent, under the direction of the Attorney General, the federal government in civil and criminal cases in a federal judicial district. — Abbr. USA. — Also termed United States District Attorney. Cf. DISTRICT ATTORNEY. [Cases: District and Prosecuting Attorneys 6. C.J.S. District and Prosecuting Attorneys §§ 46–48.]

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misjoinder

misjoinder (mis-joyn-d[schwa]r). 1. The improper union of parties in a civil case. See JOINDER. Cf. DISJOINDER; NONJOINDER. [Cases: Federal Civil Procedure 387; Parties 85, 89. C.J.S. Parties §§ 212, 217.] 2. The improper union of offenses in a criminal case. [Cases: Indictment and Information 126. C.J.S. Indictments and Informations § 159.] MISKENNING miskenning (mis-ken-ing). [fr.

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oyer

oyer (oy-[schwa]r oroh-y[schwa]r). [fr. Old French oïr “to hear”] Hist. 1. A criminal trial held under a commission of oyer and terminer. See COMMISSION OF OYER AND TERMINER. 2. The reading in open court of a document (esp. a deed) that is demanded by one party and read by the other. 3. Common-law pleading. A

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