Our TimePreview
Open in TheBrain

Defendant

In a civil matter, the party sued by the plaintiff; in a criminal matter, the party who is prosecuted.

The defendant, by plea (or exception) becomes the plaintiff.

The Sixth Amendment guarantees the rights of criminal defendants including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

1968 Defendants Cannot Be Forced To Choose Between Rights

1979 Right To Public Trial Is To Protect Defendant

1821 Cohen vs. Virginia, 19 U.S. 264,

In the case of a plea in abeyance, the defendant enters a conditional plea of guilty which is then held in abeyance subject to a set of conditions. If the defendant fulfills these conditions, the charges are dropped. If the defendant fails to complete the conditions, the guilty plea is entered. For example, a defendant may be required to undergo a drug addiction treatment program or have a guilty plea entered.

Admission of Guilt

Actual Innocence

Attempt

Brady Material

Capias Warrant / Bench Warrant

Character Evidence

Character Witness

Criminal Insanity

Complete Defense

Compulsory Counterclaim

Compulsory Joinder

Confrontation

Exclusionary Rule

Federal (de facto) Grand Jury:

There is no defense counsel. The prosecutor runs the show and is under no obligation to show evidence the defendant is innocent.

Illegality

Inculpatory Evidence / Statements

Information (formal criminal charge)

Intent

Jurisdiction

Jury of One’s Peers

Justification

Laches

Liability

License Defense

Maxims of Law

Merger Doctrine

Miranda Rule / Miranda Warning

Mistrial

Motion for directed verdict

Motion for judgment n.o.v.

Motion in Arrest of Judgment

Motion in limine

Motion to Compel

Nihil dicit

Obstruction of Justice

Partial Defense

Peremptory Mandamus

Pleadings

Pleading from the Rules of Demurrer

Pre-trial Court Appearances in a Criminal Case

Pre-trial Motions

Pre-trial Procedures in Civil Cases

Pro Se (self-representation)

Relevant

Res Judicata / Claim Preclusion

Right to Confront Witness

Right to Remain Silent

Rule 3. Appeal as of Right—How Taken

Rule 12 (b) (6) Motion to dismiss

RULE 60. RELIEF FROM JUDGMENT OR ORDER

Self-incrimination

Special Appearance / Appearance De Bene Esse

State Long Arm Statutes

Statute of Repose

Summary Offences

Time to Serve a Responsive Pleading

United States vs. Terry (Terry vs. Ohio)

Unreasonable Search and Seizure

Viva Voce