Also known as Reconsideration. Nuisance -- An action that interferes with the use of property by being irritating, offensive, obstructive or dangerous. Nulla Bona -- No goods; a return to a writ of execution when no goods of the defendant are found to levy.
Nunc Pro Tunc -- Now for then; phrase used when an order is issued on one date but is effective as if issued on an earlier date when it should have been issued. Oral Examination -- A request by plaintiff judgment creditor to discover the assets of a defendant judgment debtor after entry of judgment. Also known as Examination in Aid of Enforcement of Judgment; formally known as Supplementary Proceeding in aid of enforcement of judgment.
Order -- A ruling of the court, on a motion, objection, or other matter relating to a preliminary point or some step in the proceedings. Pardon -- Relief from a conviction full pardon or from any further punishment imposed by a conviction particular pardon granted by an executive official governor or president.
Parole -- A conditional release from imprisonment by a parole board that entitles the defendant to serve the remainder of the sentence outside of the prison as long as all of the conditions of release are met.
Compare Probation. Peace Officer -- A person charged with the duty to enforce and preserve the public peace. See: Huger v. State, Md. Peace Order -- An emergency form of relief or an order available to individuals who are experiencing problems with another person, including someone in a dating relationship, a neighbor, or a stranger.
Person -- Any individual, partnership, joint stock company, unincorporated association or society, municipal or other corporation, the State, its agencies or political subdivisions, or any other governmental entity.
Petty Offense -- An offense the penalty for which does not exceed imprisonment for a period of three months or a fine of five hundred dollars. Typically defendants enter one of the following pleas: guilty, not guilty, or nolo contendere. Plea Agreement -- Agreement between the prosecutor and the defendant to exchange a plea of guilty or nolo contendere for reduction in the charge s or leniency in sentencing.
Pleadings -- The formal allegations by the parties of their respective claims and defenses for the judgment of the court; in criminal matters, this includes a charging document. Police Record -- All official records that a law enforcement unit, booking facility, or the Central Repository maintains about the arrest and detention of, or further proceeding against, a person for a criminal charge, a suspected violation of a criminal law, or a violation of the Transportation Article for which a term of imprisonment may be imposed.
Not included are investigatory files, police work-product records used solely for police investigation purposes, or records pertaining to nonincarcerable violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation. Preliminary Hearing -- A hearing held in the District Court, unless waived by defendant, to determine whether there is probable cause to believe the defendant committed the offense s ; available when offense s charged are not within the exclusive jurisdiction of the District Court.
Preliminary Inquiry -- Pre-trial hearing to determine that the defendant has received a copy of the charging document and under-stands the offenses with which he is charged and the penalties thereof. The defendant is also advised of right to counsel, referred to the Public Defender, if eligible, and informed that further appearance in court without counsel is deemed to be a waiver of counsel.
Presentence Investigation Report PSI -- A confidential report ordered by the judge and produced by the division of parole and probation prior to sentencing, to provide background information job, finances, family status, community ties, etc.
Presumption -- An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. Private Process Server -- An adult private person, not a party to a case, used to deliver a summons, subpoena, or other court order.
Probable Cause -- Information given to a judicial officer that is sufficient in itself to warrant the issuance of a charging document. Probation Before Judgment PBJ -- A conditional avoidance of imposition of sentence after conviction; failure to satisfy the terms and conditions may cause imposition of sentence after a finding of violation of probation.
Procedural Law -- The method, established normally by rules, to be followed in a case; the formal steps in a judicial proceeding. Process -- Any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, or a commission of other writ. Public Defender -- Counsel provided at public expense, primarily to defend indigent defendants in criminal cases.
Public Record -- A record maintained in a government office, such as a court record, available for inspection by the general public. Compare Sealed, Shielded or Confidential Record. Purge -- To cleanse or clear; eliminate inactive records from court files; with respect to a civil contempt, to curve the noncompliance that caused the contempt finding.
Quash -- To set aside or to make void; with respect to process, such as a summons or subpoena, to void on motion of the person served. Recall -- Cancellation by the court of a warrant before its execution by the arrest of the defendant. Reconsideration -- a change or alteration An order changing the terms of a prior order of the Court. Reconsiderations can be ordered in open and closed cases.
Also known as Modification. Record on Appeal -- The case file and its contents, together with a transcript of all proceedings in the lower court. Release of Lien -- The cancellation of record of a Declaration of Trust or other recorded security instrument given to secure a bail bond that has been discharged. Remand -- An action by the court that sends a case to another court or agency for further action. Removal -- Change of location venue of a case on the grounds that a party cannot receive a fair and impartial trial in the jurisdiction in which the action is pending.
Replevin Trans: to make good, to satisfy -- To recover the possession of goods or property unlawfully taken or detained. Res Gestae -- Things done; rule under which a remark made spontaneously and concurrently with an incident carries an inherent degree of credibility and is admissible because of its spontaneous nature excited utterance ; an exception to the hearsay rule. Return -- The act of a sheriff, constable, or other ministerial officer in delivering back to the court a writ, notice, or other paper which he was required to serve or execute with a brief account of his doings under the mandate, the time and mode of service or execution or his failure to accomplish it, as the case may be.
Also the endorsement made by the officer upon the writ or other paper stating what he has done under it, the time and mode of service etc. Reverse Waiver -- Procedure by which charges against a minor defendant are transferred from the circuit court to the juvenile court.
Review of Sentence -- Review of a criminal sentence by a three judge panel excluding the sentencing judge on application of the defendant; as a result of the review, the sentence may be increased, decreased, or remain unchanged. Compare Revision of Sentence. Revision of Sentence -- A procedure by which the trial court ordinarily the sentencing judge, unless unavailable is asked to correct an allegedly illegal sentence or otherwise modify the sentence; as a result of the procedure, the sentence may be decreased or remain the same, but may not be increased unless done before the defendant leaves the courtroom at the original sentencing proceeding.
Sealed Record -- A record closed by a court to further inspection by anyone unless ordered by the court. This remedy is so dreadful in its effects, so destructive to mankind, so grievous even to the party who has recourse to it, that unquestionably the law of nature allows of it only in the last extremity - that is to say, when every other expedient proves ineffectual for the maintenance of justice.
Tongue in cheek or not, these words of Gilbert Beckett in the Comic Blackstone are relevant:. Always looking up definitions? Save time with our search provider modern browsers only. IHL protects a wide range of people during armed conflict.
Civilians Wounded, sick, and shipwrecked Prisoners of war and detainees View all. IHL governs the choice of weapons and prohibits or restricts the use of certain weapons. Explosive weapons in populated areas Nuclear weapons Review of new weapons View all. Conduct of hostilities.
Methods and means of warfare Cyber warfare Cultural property View all. Use of emblems. Emblems of humanity View all. Violations of IHL. Domestic law and IHL. Bodies of law related to IHL. IHL and other legal regimes are complementary in armed conflicts. Human rights Refugee law Jus ad bellum View all. Strengthening IHL project. How does law protect in war?
E-briefing library This e-briefing series presents a short introduction and overview on topics related to humanitarian law, policy and action. From a more substantive perspective, war crimes could be divided into: a war crimes against persons requiring particular protection; b war crimes against those providing humanitarian assistance and peacekeeping operations; c war crimes against property and other rights; d prohibited methods of warfare; and e prohibited means of warfare.
Some examples of prohibited acts include: murder; mutilation, cruel treatment and torture; taking of hostages; intentionally directing attacks against the civilian population; intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historical monuments or hospitals; pillaging; rape, sexual slavery, forced pregnancy or any other form of sexual violence; conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities.
In contrast to genocide and crimes against humanity, war crimes can be committed against a diversity of victims, either combatants or non-combatants, depending on the type of crime.
In international armed conflicts, victims include wounded and sick members of armed forces in the field and at sea, prisoners of war and civilian persons. In both types of conflicts protection is also afforded to medical and religious personnel, humanitarian workers and civil defence staff. Definition Rome Statute of the International Criminal Court Article 8 War Crimes The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
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