General (not jurisdiction-specific)

Concepts that apply broadly; check your own jurisdiction.

  • Infraction

    The least serious kind of offense, such as many traffic tickets. Under federal law, it is an offense with a maximum prison term of five days or less, or no prison at all (18 U.S.C. § 3559(a)(9)). In many states, an infraction is punishable only by a fine.

  • Felony

    A serious crime. Under federal law, it is an offense with a maximum prison term of more than one year (18 U.S.C. § 3559(a)(1) to (5)). A felony conviction can carry lasting effects, such as limits on firearm possession. Each state defines its own felonies.

  • Misdemeanor

    A crime less serious than a felony. Under federal law, it is an offense with a maximum prison term of one year or less, though more than five days (18 U.S.C. § 3559(a)(6) to (8)). Each state defines its own classes of misdemeanors.

  • Warrant

    A written order from a judge or magistrate that authorizes an action, such as an arrest or a search. Under the Fourth Amendment, a warrant may issue only on probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. In federal court, Federal Rules of Criminal Procedure 4 and 41 govern arrest and search warrants.

  • Right to travel

    A constitutional right to move freely from state to state. The Supreme Court has recognized it in cases such as Shapiro v. Thompson, 394 U.S. 618 (1969) and Saenz v. Roe, 526 U.S. 489 (1999). Courts have consistently held that the right does not exempt a person from state driver’s license and vehicle registration laws.

  • Resolution

    A formal written decision or statement adopted by a vote of a legislature, board or other body. A joint resolution of Congress is used, for example, to propose constitutional amendments. The word also means the settlement or final outcome of a dispute.

  • Immunity

    Protection from a legal duty, lawsuit or prosecution. Examples include sovereign immunity, which shields governments from many lawsuits; qualified immunity, which protects government officials from damages unless they violated clearly established rights (Harlow v. Fitzgerald, 457 U.S. 800 (1982)); and witness immunity, which bars use of compelled testimony against the witness (18 U.S.C. § 6002).

  • Commerce

    The buying, selling and moving of goods and services, especially between states or countries. Under the Commerce Clause, Article I, Section 8, Clause 3 of the U.S. Constitution, Congress has power to regulate commerce with foreign nations, among the states and with Indian tribes.

  • Hold harmless

    A contract clause in which one party agrees not to hold the other responsible for certain losses or claims. It is often paired with an indemnity promise to pay for those losses. How far a hold-harmless clause reaches depends on its wording and on state law.

  • Passport

    An official travel and identity document that a national government issues. In the United States, the Secretary of State grants and issues passports (22 U.S.C. § 211a). However, the Secretary may issue a passport only to people who owe allegiance to the United States (22 U.S.C. § 212). As a result, a valid U.S. passport also serves as proof of U.S. citizenship.