Habeas corpus
Latin: a court petition which orders that a person being detained
be produced before a judge for a hearing to decide whether
the detention is lawful. Habeas corpus was one of the concessions
the British Monarch made in the Magna Carta and has stood
as a basic individual right against arbitrary arrest and imprisonment.
Habitual
offender
A person who is convicted and sentenced for crimes over
a period of time and even after serving sentences of incarceration,
such
as demonstrates a propensity towards criminal conduct. Reformation
techniques fail to alter the behaviour of the habitual offender.
Many countries now have special laws that require the long-term
incarceration, without parole, of habitual offenders as a means
of protecting society in the face of an individual that appears
unable to comply with the law.
Harassment
Unsolicited words or conduct which tend to annoy, alarm
or abuse another person. An excellent alternate definition
can be found
in Canadian human rights legislation as: "a course of
vexatious comment or conduct that is known or ought reasonably
to be known
to be unwelcome." Name-calling ("stupid", "retard" or "dummy")
is a common form of harassment. (See also sexual harassment.)
Health
Law
the area of law focusing on the health care industry.
Hearsay
Any evidence that is offered by a witness of which they
do not have direct knowledge but, rather, their testimony
is
based
on what others have said to them. For example, if Bob
heard from
Susan about an accident that Susan witnessed but that
Bob had not, and Bob attempted to repeat Susan's story
in court,
it
could be objected to as "hearsay." The basic
rule, when testifying in court, is that you can only provide
information of which you
have direct knowledge. In other words, hearsay evidence
is not allowed. Hearsay evidence is also referred to as "second-hand
evidence" or as "rumor." You are able to
tell a court what you heard, to repeat the rumor, and
testify that, in
fact, the story you heard was told to you, but under the
hearsay rule, your testimony would not be evidence of
the actual facts
of the story but only that you heard those words spoken.
Homeowners
Associations
the area of law representing the needs of Homeowners
Associations, also know as Common Interest Development
Associations.
Homicide
The word includes all occasions where one human being,
by act or omission, takes away the life of another.
Murder and manslaughter
are different kinds of homicides. Executing a death-row
inmate is another form of homicide, but one which
is excusable in
the eyes of the law. Another excusable homicide is
where a law enforcement
officer shoots and kills a suspect who draws a weapon
or
shoots at that officer.
Hostile
witness
During an examination-in-chief, a lawyer is not allowed
to ask leading questions of their own witness. But,
if that witness
openly shows hostility against the interests (or
the person) that the
lawyer represents, the lawyer may ask the court
to declare the
witness "hostile", after which, as an
exception of the examination-in-chief rules, the
lawyer may ask their own witness
leading questions.
Hung
jury
A jury is required to make a unanimous or near unanimous
verdict. When the jurors, after full debate and
discussion, are unable
to agree on a verdict and are deadlocked with
differences of opinion that appear to be irreconcilable,
it
is said to be a "hung
jury". The result is a mistrial.
Husband-wife
privilege
A special right that married persons have to
keep communications between them secret and
even inaccessible
to a court
of law. While this privilege may have been varied
in some
states, it has always
been held to be lifted where one spouse commits
a crime on
the other. Similar to the client-solicitor privilege
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