The legal term for handcuffs is … er, handcuffs. Just in case you were curious.
Well, well, well, someone thought we’d packed up and abandoned them. Oh ye of little faith! We would never just rush off and leave you without your regular jargon fix! What kind of monsters do you take us for? Got no idea what we’re talking about? Well, jeez Louise, you’ve got a lot of catching up to do so why are still reading this article? Go back to beginning and don’t pass go and you don’t collect $200!
As for the rest of you, let’s get this show on the road! We know how much you hate lying around on the couch amidst piles of unfolded laundry, watching old reruns of Perry Mason and having no idea what’s going on. Who are we kidding? You don’t even know who Perry Mason was. Do yourself a favor and Google him. But do it later. Right now we’re about to disseminate some jargon!
Stare decisis:
This is a tricky one. It looks like English, but actually it’s Latin. But ‘stare’ is an English word, you say. After all… “I stare through my window pensively, wishing I understood all of that Latin gibberish.” Yes, yes, we know. Like we said, it looks like English, but it isn’t. It this case, it’s pronounced like star-ee.
In this case ‘stare’ means ‘to stand by’ or ‘to stand on’. And what are we standing by, or on, for that matter? Well, the ‘decisis’ of course! Which means ‘decision’ for those of you who slept through your Latin classes. Good grief! Do you mean to tell us that you never took Latin classes? Not even one? Heavens, what is the world coming to these days?
Anyway, ‘stare decisis’ means to stand by the decision that was made, or to stand by an issue that’s already been decided. In a legal sense, it refers to adhering to precedents of earlier cases as sources of law. When the court has already ruled on an issue, other cases involving the same issue must receive the same response from that court. or lower courts. In other words, sticking to your guns.
Tort:
Nope, you’re thinking of a torte (which is delicious, certainly, but has no place in the law.) Although just in case you were wondering, we never say ‘no’ to cake of any kind…. ahem, hint hint….
Unbelievably, ‘tort’ comes from the Latin word tortum, which means ‘wrong.’ So no, sadly it has nothing to do with cake. (Unless you think there’s something wrong with cake. As if!) A tort is a civil illegal or wrongful act that results in someone being injured. It could be either accidental or intentional. An intentional tort, such as Assault, Fraud or slander, can be a crime. Tort law is one of the largest areas of civil law.
Wobbler:
Now you’re thinking of jello. You really need to get over this food fixation of yours! This is legal jargon, people, not kitchen jargon! Get with the program! Anyway, a wobbler is actually not a legal term, but it is used within the legal community to refer to a crime that can be classified as either a felony or a misdemeanor. In other words, a crime that could be charged as a misdemeanor or a felony, depending on the particular circumstances of the offense, the defendant’s criminal record, and several other factors.
An example of this would be if a Grand Rapids woman was charged with assault after getting into a fight with her friend at the bar. If she had no prior criminal record, only used her fists, and no one was severely injured, chances are she would be facing a misdemeanor assault charge. But in this case, because our fictional bar fighter has two priors for assault, and used a pool stick to beat her friend senseless, the charge gets upped to a felonious assault. The difference is a possible 93 day sentences versus a possible 4 year prison sentence.
Other examples of possible wobblers in Michigan, besides assault, would include: retail fraud (shoplifting), drunk driving, drug charges. malicious destruction of property, and fleeing and eluding police.
Well, that’s it for now folks. Oh, don’t worry, we’ll be back with more later on. We would never leave you in the lurch, staring cluelessly at endless episodes of Silk, wondering what the heck is going on. Although, if we’re going to be honest about it, British legal dramas are confusing even if you already know all the terminology! (And what’s up with those wigs?)
Curious about a word we haven’t got to yet? Don’t worry, there’s literally no end to the interesting legal terminology used by lawyers and courts (especially in TV shows!). Until then, if you or a loved one have been accused of a crime in Michigan, you’ll need an experienced defense attorney to fight for your wobbler to lean in the misdemeanor direction, and not the other way! So call the experienced criminal defense attorneys at The Kronzek Firm immediately! Our team is available 24/7 at: contactus@KronCron.com, or by calling 866 766 5245.