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Miranda rule
The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning.
Malicious prosecution
A merit less (civil or criminal) action instituted solely to harass the defendant. Such misuse of the judicial process may be the basis for an action against the original plaintiff/prosecutor.
Probate
The process of proving the validity of a will.
Appellate court
A court that hears appeals from a lower court
Proximate cause
A court order following a judgment on the ground of neglect or abuse, whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or abuse is provided by the probation department or other agency designated by the court.
Peremptory challenge
Each party to a suit tried to a jury has the right to peremptorily "challenge" (reject) a certain number of prospective jurors without giving a reason. By contrast, the parties have unlimited rights to challenge jurors for good cause, but the judge must approve "for cause challenges." Parties may not exercise peremptory challenges on the basis of race or gender.
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.
Declaratory judgment
One which declares the rights of the parties or expresses the opinion of the court on a question of law, without ordering anything to be done.
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