Terms Used In U.S. Code > Title 18 > Part III - Prisons and Prisoners
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- advanced workplace practices: means innovations in work organization and performance, including high-performance workplace systems, flexible production techniques, quality programs, continuous improvement, concurrent engineering, close relationships between suppliers and customers, widely diffused decisionmaking and work teams, and effective integration of production technology, worker skills and training, and workplace organization, and such other characteristics as determined appropriate by the Secretary of Labor, in consultation with the Secretary of Commerce. See 29 USC 2703
- advanced workplace technologies: includes --
(A) numerically controlled machine tools, robots, automated process control equipment, computerized flexible manufacturing systems, associated computer software, and other technology for improving the manufacturing and industrial production of goods and commercial services, which advance the state-of-the-art. See 29 USC 2703
- affected employees: means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer. See 29 USC 2101
- agency: includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense. See 18 USC 6
- agricultural association: means any nonprofit or cooperative association of farmers, growers, or ranchers, incorporated or qualified under applicable State law, which recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. See 29 USC 1802
- agricultural employer: means any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed or nursery, or who produces or conditions seed, and who either recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. See 29 USC 1802
- agricultural employment: means employment in any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 (29 U. See 29 USC 1802
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- applicable monthly guarantee: means --
(I) for an employee described in clause (i) other than an employee on reserve status, the minimum number of hours for which an employer has agreed to schedule such employee for any given month. See 29 USC 2611
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bequest: Property gifted by will.
- bodily injury: includes sexual abuse. See 18 USC 4247
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- commerce: has the meaning provided by section 203(b) of this title. See 29 USC 2001
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- county: includes a parish, or any other equivalent subdivision of a State or Territory of the United States. See 1 USC 2
- covered active duty: means --
(A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country. See 29 USC 2611
- covered servicemember: means --
(A) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. See 29 USC 2611
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- day-haul operation: means the assembly of workers at a pick-up point waiting to be hired and employed, transportation of such workers to agricultural employment, and the return of such workers to a drop-off point on the same day. See 29 USC 1802
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Labor. See 29 USC 2703
- Department: means the Department of Education or any component thereof. See 20 USC 3404
- department: means one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government. See 18 USC 6
- Devise: To gift property by will.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- double criminality: means that at the time of transfer of an offender the offense for which he has been sentenced is still an offense in the transferring country and is also an offense in the receiving country. See 18 USC 4101
- eligible employee: means an employee who has been employed--
(i) for at least 12 months by the employer with respect to whom leave is requested under section 2612 of this title. See 29 USC 2611
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- employ: has the meaning given such term under section 3(g) of the Fair Labor Standards Act of 1938 (29 U. See 29 USC 1802
- employer: includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee. See 29 USC 2001
- employer: means any business enterprise that employs--
(A) 100 or more employees, excluding part-time employees. See 29 USC 2101
- employment benefits: means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan" as defined in section 1002(3) of this title. See 29 USC 2611
- employment loss: means (A) an employment termination, other than a discharge for cause, voluntary departure, or retirement, (B) a layoff exceeding 6 months, or (C) a reduction in hours of work of more than 50 percent during each month of any 6-month period. See 29 USC 2101
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ex officio: Literally, by virtue of one's office.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- farm labor contracting activity: means recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker. See 29 USC 1802
- farm labor contractor: means any person, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity. See 29 USC 1802
- Felony: A crime carrying a penalty of more than a year in prison.
- Fiduciary: A trustee, executor, or administrator.
- foreign government: as used in this title except in sections 112, 878, 970, 1116, and 1201, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States. See
- function: includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. See 20 USC 3404
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- health care provider: means --
(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices. See 29 USC 2611
- imprisonment: means a penalty imposed by a court under which the individual is confined to an institution. See 18 USC 4101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- juvenile: means --
(1) a person who is under eighteen years of age. See 18 USC 4101
- juvenile delinquency: means --
(1) a violation of the laws of the United States or a State thereof or of a foreign country committed by a juvenile which would have been a crime if committed by an adult. See 18 USC 4101
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- lie detector: includes a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device (whether mechanical or electrical) that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. See 29 USC 2001
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Majority leader: see Floor Leaders
- mass layoff: means a reduction in force which--
(A) is not the result of a plant closing. See 29 USC 2101
- migrant agricultural worker: means an individual who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence. See 29 USC 1802
- Minority leader: See Floor Leaders
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- nonprofit organization: means a tax-exempt organization, as described in paragraph (3), (4), or (5) of section 501(c) of title 26. See 29 USC 2703
- offender: means a person who has been convicted of an offense or who has been adjudged to have committed an act of juvenile delinquency. See 18 USC 4101
- office: includes any office, institute, council, unit, organizational entity, or component thereof. See 20 USC 3404
- organization: means a person other than an individual. See 18 USC 18
- parent: means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. See 29 USC 2611
- parole: means any form of release of an offender from imprisonment to the community by a releasing authority prior to the expiration of his sentence, subject to conditions imposed by the releasing authority and to its supervision, including a term of supervised release pursuant to section 3583. See 18 USC 4101
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: means any individual, partnership, association, joint stock company, trust, cooperative, or corporation. See 29 USC 1802
- Personal property: All property that is not real property.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- plant closing: means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees excluding any part-time employees. See 29 USC 2101
- polygraph: means an instrument that--
(A) records continuously, visually, permanently, and simultaneously changes in cardiovascular, respiratory, and electrodermal patterns as minimum instrumentation standards. See 29 USC 2001
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- probation: means any form of a sentence under which the offender is permitted to remain at liberty under supervision and subject to conditions for the breach of which a penalty of imprisonment may be ordered executed. See 18 USC 4101
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Quorum: The number of legislators that must be present to do business.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- reduced leave schedule: means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee. See 29 USC 2611
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- representative: means an exclusive representative of employees within the meaning of section 159(a) or 158(f) of this title or section 152 of title 45. See 29 USC 2101
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- seasonal agricultural worker: means an individual who is employed in agricultural employment of a seasonal or other temporary nature and is not required to be absent overnight from his permanent place of residence--
(i) when employed on a farm or ranch performing field work related to planting, cultivating, or harvesting operations. See 29 USC 1802
- Secretary: means the Secretary of Labor. See 29 USC 2703
- Secretary: means the Secretary of Education. See 20 USC 3404
- Secretary: means the Secretary of Labor. See 29 USC 2611
- Secretary: means the Secretary of Labor or the Secretary's authorized representative. See 29 USC 1802
- Secretary: means the Secretary of Labor. See 29 USC 2001
- sentence: means not only the penalty imposed but also the judgment of conviction in a criminal case or a judgment of acquittal in the same proceeding, or the adjudication of delinquency in a juvenile delinquency proceeding or dismissal of allegations of delinquency in the same proceedings. See 18 USC 4101
- serious health condition: means an illness, injury, impairment, or physical or mental condition that involves--
(A) inpatient care in a hospital, hospice, or residential medical care facility. See 29 USC 2611
- Service of process: The service of writs or summonses to the appropriate party.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- sexually dangerous person: means a person who has engaged or attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others. See 18 USC 4247
- son or daughter: means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is--
(A) under 18 years of age. See 29 USC 2611
- spouse: means a husband or wife, as the case may be. See 29 USC 2611
- State: shall include the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. See
- State: means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. See 18 USC 4101
- State: includes the District of Columbia. See 18 USC 4246
- State: means any of the States of the United States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam. See 29 USC 1802
- Subpoena: A command to a witness to appear and give testimony.
- subscription: includes a mark when the person making the same intended it as such. See 1 USC 1
- suitable facility: means a facility that is suitable to provide care or treatment given the nature of the offense and the characteristics of the defendant. See 18 USC 4247
- Summons: Another word for subpoena used by the criminal justice system.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- transfer: means a transfer of an individual for the purpose of the execution in one country of a sentence imposed by the courts of another country. See 18 USC 4101
- treaty: means a treaty under which an offender sentenced in the courts of one country may be transferred to the country of which he is a citizen or national for the purpose of serving the sentence. See 18 USC 4101
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: A person or institution holding and administering property in trust.
- unit of local government: means any general purpose political subdivision of a State which has the power to levy taxes and spend funds, as well as general corporate and police powers. See 29 USC 2101
- United States: as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone. See 18 USC 5
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 1 USC 4
- Verdict: The decision of a petit jury or a judge.
- vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 1 USC 3
- veteran: has the meaning given the term in section 101 of title 38. See 29 USC 2611
- worker organization: means a labor organization within the meaning of section 501(c)(5) of title 26. See 29 USC 2703
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.