§ 5121 Adoption; scope
§ 5122 Conflict between rules and statutes

Terms Used In Delaware Code > Title 11 > Chapter 51 > Subchapter II - Rules of Criminal Procedure

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Factually frivolous: shall mean a claim where the factual allegations of which are baseless, of little or no weight, value or importance, not worthy of serious attention or trivial. See Delaware Code Title 10 Sec. 8801
  • Federal court: shall mean any federal court of competent jurisdiction over actions brought by prisoners as that term is defined in paragraph (9) of this section. See Delaware Code Title 10 Sec. 8801
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legally frivolous: shall mean a claim based on an indisputably meritless legal theory. See Delaware Code Title 10 Sec. 8801
  • Malicious: shall mean a claim designed to vex, injure or harass, or one which is otherwise abusive of the judicial process or which realleges pending or previously litigated claims. See Delaware Code Title 10 Sec. 8801
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
  • Prisoner: shall mean any individual subject to the supervision of the Department of Correction, including, but not limited to, those individuals housed in correctional facilities outside of the State. See Delaware Code Title 10 Sec. 8801
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.