Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges and on the same facts, following a valid acquittal or conviction. As described by the U.S. Supreme Court in its unanimous decision concerning Ball v. United States 163 U.S. 662 (1896), one of its earliest cases dealing with double jeopardy, "the prohibition is not against being twice punished, but against being twice put in jeopardy; and the accused, whether convicted or acquitted, is equally put in jeopardy at the first trial."
A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine or ship's protests in cases of damage, provide exemplifications and notarial copies, and perform certain other official acts depending on the jurisdiction. Any such act is known as a notarization. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. In some jurisdictions, contrary to popular misconception, no crime has occurred when a false statement is made while under oath or subject to penalty. Instead, criminal culpability attaches only at the instant the declarant falsely asserts the truth of statements that are material to the outcome of the proceeding. For example, it is not perjury to lie about one's age except if age is a fact material to influencing the legal result, such as eligibility for old age retirement benefits or whether a person was of an age to have legal capacity.
A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution. For the devolution of property not disposed of by will, see inheritance and intestacy.
Intestacy is the condition of the estate of a person who dies without having made a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.
A subpoena or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:
- subpoena ad testificandum orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person.
- subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court.
An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used. The role of an executor should not be confused with that of an executioner, a person who carries out a death sentence ordered by a government or other legal authority.
The Judge Advocate General's Corps is the branch or specialty of a military concerned with military justice and military law. Officers serving in a JAG Corps are typically called judge advocates. Only the chief attorney within each branch is referred to as the Judge Advocate General; however, individual JAG Corps officers are colloquially known as JAGs.
The Statute of Frauds (1677) is an Act of the Parliament of England. It required that certain types of contracts, wills, and grants, and assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and subornation of perjury. It also required that documents of the courts be signed and dated.
Wills have a lengthy history.
A holographic will is a will and testament that has been entirely handwritten and signed by the testator. Traditionally, a will must be signed by witnesses attesting to the validity of the testator's signature and intent, but in many jurisdictions, holographic wills that have not been witnessed are treated equally to witnessed wills and need only to meet minimal requirements in order to be probated:
Insignias and badges of the United States Navy are military "badges" issued by the United States Department of the Navy to naval service members who achieve certain qualifications and accomplishments while serving on both active and reserve duty in the United States Navy. Most naval aviation insignia are also permitted for wear on uniforms of the United States Marine Corps.
Hearsay evidence is "an out-of-court statement offered to prove the truth of the matter asserted therein." In certain courts, hearsay evidence is inadmissible unless an exception to the Hearsay Rule applies.
Jury duty or jury service is service as a juror in a legal proceeding.
The hearsay provisions of the Criminal Justice Act 2003 reformed the common law relating to the admissibility of hearsay evidence in criminal proceedings begun on or after 4 April 2005.
Concealed carry refers to the practice of carrying a handgun or other weapon in public in a concealed or hidden manner, either on one's person or in close proximity. While most law enforcement officers carry their handguns in a visible holster, some officers, such as plainclothes detectives or undercover agents, carry weapons in concealed holsters. In some countries and jurisdictions, civilians are legally permitted to carry concealed handguns; in some, this may be the only legal way for a civilian to carry a handgun.
Feres v. United States, 340 U.S. 135 (1950), combined three pending federal cases for a hearing in certiorari in which the Supreme Court of the United States held that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-law concept of sovereign immunity.
The Statute of Wills was an Act of the Parliament of England. It made it possible, for the first time in post-Conquest English history, for landholders to determine who would inherit their land upon their death by permitting devise by will. Prior to the enactment of this statute, land could be passed by descent only if and when the landholder had competent living relatives who survived him, and it was subject to the rules of primogeniture. When a landholder died without any living relatives, his land would escheat to the Crown. The statute was something of a political compromise between Henry VIII and English landowners, who were growing increasingly frustrated with primogeniture and royal control of land.
The Wills Act 1837 is an Act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under a trust, by will on their death (s.3). The act extends to all testamentary dispositions or gifts, where "a person makes a disposition of his property to take effect after his decease, and which is in its own nature ambulatory and revocable during his life." As of 2012, much of it remains in force in England and Wales.
The reserve components of the United States Armed Forces are military organizations whose members generally perform a minimum of 39 days of military duty per year and who augment the active duty military when necessary. The reserve components are also referred to collectively as the National Guard and Reserve.
Jesse Dukeminier was a professor of law for 40 years at the University of California, Los Angeles, and authored or co-authored a significant number of articles and textbooks in the areas of property law, wills, trusts, and estates. His two major textbooks on property law and on wills, trusts, and estates are the most widely used books in their separate fields. Updates are still being produced to the text, with the Dukeminier name, alongside coauthors, remaining on the work.
James Lindgren is a professor of law at Northwestern University. Born in 1952 in Rockford, Illinois, Lindgren graduated from Yale College and the University of Chicago Law School (1977), where he was an editor of the University of Chicago Law Review. He received his Ph.D. in Sociology from the University of Chicago in 2009.
Robert H. Sitkoff is the John L. Gray Professor of Law at Harvard Law School, where he is the only faculty member specializing in trusts and estates ("T&E"). He previously served as professor of law at New York University School of Law (2006-2007) and Northwestern University School of Law (2000-2006), where he joined at age 26, the youngest on the faculty.
