Criminal Defense Terms and Definitions

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. Restitution Court-ordered payment to restore goods or money to the victim of a crime by the offender. Bench warrant An order issued by the court for the arrest of a person 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. Subpoena An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court. Search warrant An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Abstract of record A short, abbreviated form of the case as found in the record. Fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right. 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.

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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.