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res judicata
Literally, "a thing that speaks for itself." In tort law, the doctrine, which holds a defendant guilty of negligence without an actual, shows that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.
Prejudicial evidence
Evidence which might unfairly sway the judge or jury to one side or the other. For example, photographs of a gory murder scene might inflame a jury without providing useful evidence. May be excluded in criminal cases if prejudicial effect outweighs probative value.
Original jurisdiction
The court in which a matter must first be filed.
Protective custody
The name of the public officer who is appointed in each county to conduct criminal prosecutions on behalf of the state or people.
Lien
A claim against property for payment of a debt. Common types of liens include the mechanic's lien, the judgment lien, and the mortgage lien.
Mens rea
Literally, "guilty mind." The intent required to commit the crime. One of the two basic requirements, along with the guilty act (actus reus), which constitute a crime.
Not guilty by reason of insanity
The jury or the judge must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense.
Double jeopardy
Common law and constitutional prohibition (5th Amendment) against more than one prosecution for the same crime
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