double jeopardy

Definition

The constitutional protection against being tried twice for the same crime after acquittal or conviction, preventing the government from getting infinite do-overs until it wins. It's why you can't be retried just because the prosecutor had a bad day.

Example Usage

Despite overwhelming evidence discovered after the trial, double jeopardy prevented prosecutors from retrying the defendant who had been acquitted.

Origin

From Latin 'bis de eadem re ne sit actio' (not twice for the same thing), protected by the Fifth Amendment to the U.S. Constitution

Fun Fact

You can be tried in both state and federal court for the same conduct without violating double jeopardy, under the 'dual sovereignty' doctrine that makes the protection less absolute than it seems.

Source: Common legal terminology

Related Terms

Intermediate

standing

The legal right to bring a lawsuit, requiring that you've actually been harmed rather than just being generally annoyed. It's the court's way of saying 'mind your own business' to busybodies trying to sue over issues that don't affect them.

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reversible error

A significant legal mistake during trial that likely affected the outcome and warrants reversal on appeal, essentially judicial malpractice serious enough to require a do-over. The appellate court's 'nope, try again.'

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reasonableness

A legal standard so subjective it basically means "whatever a reasonable person would think," which is lawyer-speak for "we'll know it when we see it." Courts use this to evaluate whether someone's actions pass the smell test without having to spell out every possible scenario. It's the "I can't define it, but I know it when I see it" of legal standards.

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Affidavit

A written statement where you swear to tell the truth, the whole truth, and nothing but the truth — or at least whatever version of the truth your lawyer helped you rehearse. It is basically a pinky promise for adults with law degrees.

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Advanced

quantum meruit

Payment for services rendered based on what they're actually worth, used when no price was agreed upon beforehand. Latin for 'as much as he deserved,' it prevents unjust enrichment when someone benefits from your work.

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Intermediate

waived

The legal術 of voluntarily giving up a right you probably should have kept, often while signing documents you didn't fully read. It's what happens when you click 'I Agree' without scrolling through the terms and conditions, except with actual legal consequences. Lawyers love this word because it means someone else screwed themselves over without any help.

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