Legal jargon is confusing. We explain the basics for you…
We’ve all wondered it before, while marathoning episodes of Better Call Saul and How To Get Away With Murder… “what does that word even mean?” Well, actually we don’t wonder that – we already know what all of those strange sounding legal terms mean. However, we realize that very few people who aren’t attorneys understand what all of that terminology means. So in the interest of making your TV watching a little less confusing, we’ve put together a list of some of the more interesting legal terms, whose meanings you may not know. You’re welcome.
Prima Facie:
Nope, this has nothing to do with prima donnas, or fascists. It’s actually a Latin term that means “at first glance” or “on it’s face.” It’s a legal term that refers to a situation where someone looks guilty, whether or not they actually are. Thankfully, the American legal system is setup so that even people who “look” guilty are presumed to be innocent until proven otherwise. This is very important because looks can be deceiving!
An example of a “prima facie” case would be a wife who was home in Grand Rapids at the time of her husband’s murder. Her gun was found at the crime scene, and the neighbors heard an argument between her and her husband hours before. Grand Rapids Police would probably assume that she is the guilty party. However, further investigation reveals that the bullet was fired from a gun owned by the husband’s disgruntled business partner and he lives somewhere else in Kent County.
Habeas Corpus:
This is one that gets batted around on legal dramas with regularity, but many people don’t have a clue what it means. The direct translation from the original Latin is “You have the body.” This may sound a little gross, but the body they are referring to in this case is a living person, not a corpse.
If a writ of ‘habeas corpus’ is presented to a judge, it means that someone has been imprisoned, and the law requires that the person who locked them up must show a legal reason for their imprisonment. Essentially, habeas corpus is what keep law enforcement from locking people up without valid reason, and without making an effort to prove that they are guilty of a crime. Essentially, this “writ” is a challenge to whether the imprisonment is legal.
Pro Se:
This is a term we think should never be applied to any case. Not if you want the best outcome, that is. Unsure what we mean? Well, Pro Se means “for oneself” or “on one’s own behalf” and it is applied to people who choose to practice law on their own case. Yes, this is as foolish as it sounds. However, it happens all the time. Oddly enough, the people that are silly enough to play lawyer with no legal training would never try to play surgeon or dentist on themselves. .
Sometimes also referred to as propria persona, which is abbreviated to “pro per,” this term applies to anyone who serves as their own legal counsel during a court proceeding. The law is very complex and Michigan courts are very particular about how legal proceedings should be handled. We would never recommend that anyone choose to forgo experienced legal representation in favor of a DIY approach to Michigan law.
Mens Rea:
Directly translated, this Latin term means “guilty mind,” which sounds a lot like a tv show but isn’t. In the legal sense, mens rea refers to the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Confused? Don’t worry, we’ll break it down….
When it comes to the law, mens rea is an important standard in determining criminal liability for certain crimes. In other words, unless a law says otherwise, the prosecutor has to prove that the defendant was intentionally breaking the law in order to get a conviction. The implication here is that if the accused person didn’t intend to violate the law, they may not be liable for their actions. This is far more complex than it sounds. Bottom line is that a mens rea defense is not often used and not often successful. We recommend that you steer far away from committing a crime and thinking that you will not be held accountable for it by claiming that you didn’t intend to commit the crime. Crimes that have a mens rea element in Michigan are called specific intent crimes. .
We hope this brief terminology run down was informative. Next time you’re laying around on the couch, guzzling popcorn and watching endless Law and Order episodes instead of folding the laundry like you’re supposed to, at least you’ll know what’s really going on during those court scenes. (Again, you’re welcome!)
Wondering about a word we didn’t include this time? Don’t worry, this won’t be the last of our legal jargon breakdowns, so hang in there. Until then, if you’ve been accused of a crime in Michigan, don’t make the mistake of choosing ‘pro se’ representation. Call the experienced criminal defense attorneys at The Kronzek Firm immediately and let a seasoned professional handle your case. You won’t be sorry! Our team is available at: contactus@KronCron.com or by calling 1 866-766-5245.