Former Jeopardy - Law Dictionary Search Results
Home Dictionary Name: former jeopardyformer jeopardy
former jeopardy 1 : a common-law plea in bar of autrefois acquit or autrefois convict 2 : double jeopardy ...
jeopardy
jeopardy 1 : exposure to or imminence of death, loss, or injury 2 : the danger of conviction that an accused person is subjected to when on trial for a criminal offense see also double jeopardy NOTE: Jeopardy attaches, or comes into effect for double jeopardy purposes, when a jury is sworn in or, in a non-jury trial, when the judge begins to hear evidence. The Fifth Amendment to the U.S. Constitution forbids double jeopardy for the same offense, and this applies whether the first trial ends in acquittal, conviction, or a mistrial. If a mistrial occurs due to a manifest necessity or if a defendant appeals a conviction, however, the rule against double jeopardy does not apply. The issue of manifest necessity is determined by the trial judge and, if necessary, by an appeals court. ...
double jeopardy
double jeopardy : the prosecution of a person for an offense for which he or she has already been prosecuted — see also jeopardy, Amendment V to the Constitution in the back matter compare merger NOTE: The Fifth Amendment to the Constitution states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” The double jeopardy clause bars second prosecutions after either acquittal or conviction, and prohibits multiple punishments for the same offense. ...
Jeopardy
Jeopardy, means the risk of conviction and punish-ment that a criminal defendant faces at trial. Jeopardy attaches in a jury trial when the jury is empaneled, and in a Bench trial when the first witness is sworn. Also termed legal jeopardy, Black's Law Dictionary, 7th Edn., p. 839.Double is the subjection of an accused person to repeated trial for the same alleged offence, Dictionary of Political Science, Joseph Dunner, 1965, p. 154.In India, no person can be prosecuted and punished for the same offence more than once, Commentary on the Constitution of India, Durga Das Basu, Vol. D, 6th Edn., p. 14. [Constitution of India, Art. 20(2)]...
jeopardy assessment
jeopardy assessment : a special immediate assessment of an alleged tax deficiency levied under federal law when a taxing officer believes that delay may jeopardize collection of the claim ...
former adjudication
former adjudication : a procedural doctrine that bars relitigation by the same parties of the same issues or claims upon which a judgment has already been rendered NOTE: Estoppel by judgment and res judicata are the two branches of former adjudication, although res judicata is often used broadly to mean former adjudication. ...
country of former allegiance
country of former allegiance The previous country of citizenship of a naturalized U.S. citizen or of a person who derived U.S. citizenship. Source: U.S. Citizenship and Immigration Services ...
former testimony
former testimony see testimony ...
attach
attach [Anglo-French attacher to lodge (an action in court), seize (a person or property) by legal authority, from Old French atachier to fasten, fix, alteration of estachier, from estache stake] vt 1 : to obtain a court order against (property of another person) that directs an officer of the court (as a sheriff) to seize or take control of the property compare garnish, levy NOTE: A plaintiff may attach a defendant's property as a way of obtaining jurisdiction for the purpose of bringing a lawsuit or to prevent the defendant from getting rid of property that may be needed to pay a judgment to the plaintiff. 2 : to join or make a part of [affidavits ed to the suit "Rosalind Resnick"] 3 : to create a security interest in (property) and so acquire the right to foreclose on or otherwise deal with property for payment of a debt and to exercise one's rights in the property against third parties see also security interest at interest compare perfect vi : to become effective: as a : ...
dual sovereignty doctrine
dual sovereignty doctrine : a doctrine holding that more than one sovereign (as a state government and the federal government) may prosecute an individual without violating the prohibition against double jeopardy if the individual's act breaks the laws of each sovereignty ...
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