Criminal Defense Terms and Definitions

Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Abstract of record A short, abbreviated form of the case as found in the record. Dismissal without prejudice A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause. Accessory A person who assists in the commission of a crime, either before or after the fact. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Assault A willful attempt to illegally inflict injury on or threaten a person. Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery) Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.

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	Did You Know?
	Res Ipsa Loquitur - Literally, "a thing that speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing 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.