This glossary is intended to provide
the reader with generally accepted definitions of common
legal terms. The Clerk of Courts does not guarantee the
completeness or accuracy of the information contained
on this page. For matters pertaining to legal rights,
interested parties should refer to the printed version
of the appropriate official document or consult an attorney.
Terms beginning with:
A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- K
- L
- M
- N-
O
- P
- Q
- R
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T
- U
- V-
W
-X
- Y
- Z
- Numbers
Absentia - Absent; proceedings without
the defendant present.
Abstract of Title - A chronological
summary of all official records and recorded documents
affecting the title to a parcel of real property.
Accomplice - 1. A partner in a crime.
2. A person who knowingly and voluntarily participates
with another in a criminal activity.
Acknowledgment - 1. A statement of
acceptance of responsibility. 2. The short declaration
at the end of a legal paper showing that the paper was
duly executed and acknowledged.
Acquit, Acquittal - A finding of not
guilty by a judge or jury.
Action - Case, cause, suit, or controversy
disputed or contested before a court of justice.
Ad litem - For the purpose of the lawsuit.
For example, a guardian “ad litem” is a person
appointed by the court to protect the interests of a
minor or legally incompetent person in a lawsuit.
Additur - An increase by a judge in
the amount of damages awarded by a jury.
Adjudication - Judgment rendered by
the court after a determination of the issues.
Administrator - 1. One who administers
the estate of a person who dies without a will. 2. A
court official.
Admissible evidence - Evidence that
can be legally and properly introduced in a civil or
criminal trial.
Admonish - To advise or caution. For
example the Court may caution or admonish counsel for
wrong practices.
Adversary system - The trial method
used in the U.S. and some other countries. This system
is based on the belief that truth can best be determined
by giving opposing parties full opportunity to present
and establish their evidence, and to test by cross-examination
the evidence presented by their adversaries. All this
is done under the established rules of procedure before
an impartial judge and/or jury.
Affiant - A person who makes and signs
an affidavit.
Affidavit - A written statement of
facts confirmed by the oath of the party making it,
before a notary or officer having authority to administer
oaths. For example, in criminal cases affidavits are
often used by police officers seeking to convince courts
to grant a warrant to make an arrest or a search. In
civil cases, affidavits of witnesses are often used
to support motions for summary judgment.
Affidavit of defense - A plea in absentia
in infraction and misdemeanor cases.
Affirmed - In the practice of appellate
courts, the word means that the decision of the trial
court is correct.
Affidavit of insolvency - A detailed
form signed by the defendant, under oath, attesting
to his/her indigency (inability to pay for private legal
counsel)
Affirmative defense - Without denying
the charge, the defendant raises circumstances such
as insanity, self-defense or entrapment to avoid civil
or criminal responsibility.
Aid and Abet - To actively, knowingly
or intentionally assist another person in the commission
or attempted commission of a crime.
Allegation - A statement of the issues
in a written document (a pleading) which a person is
prepared to prove in court. For example, an indictment
contains allegations of crimes against the defendant.
Alternative dispute resolution - Settling
a dispute without full, formal trial. Methods include
mediation, conciliation, arbitration, and settlement,
among others.
Amicus curiae - A friend of the court.
One not a party to a case who volunteers to offer information
on a point of law or some other aspect of the case to
assist the court in deciding a matter before it.
Answer - The defendant’s response
to the plaintiff’s allegations as stated in a complaint.
An item-by-item, paragraph-by-paragraph response to
points made in a complaint; part of the pleadings.
Appeal - An application for review
of an order of conviction.
Appearance - 1. The formal proceeding
by which a defendant submits to the jurisdiction of
the court. 2. A written notification to the plaintiff
by an attorney stating that he/she is representing the
defendant.
Appellate court - A court having jurisdiction
to hear appeals and review a trial court’s procedure.
Appellee - The party against whom an
appeal is taken. Sometimes called a respondent.
Arraignment - Appearance of the defendant
in court to enter his/her plea to the charges.
Arbitration - A form of alternative
dispute resolution in which the parties bring their
dispute to a neutral third party and agree to abide
by his/her decision. In arbitration there is a hearing
at which both parties have an opportunity to be heard.
Arrest - To take into custody by legal
authority.
Assault - Threat to inflict injury
with an apparent ability to do so. Also, any intentional
display of force that would give the victim reason to
fear or expect immediate bodily harm.
Asylum state - The state holding the
fugitive.
At issue - The time in a lawsuit when
the complaining party has stated his/her claim and the
other side has responded with a denial and the matter
is ready to be tried.
Attachment - Taking a person’s
property to satisfy a court-ordered debt.
Attorney-at-law - An advocate, counsel,
or official agent employed in preparing, managing, and
trying cases in the court.
Attorney-in-fact - A private person
(who is not necessarily a lawyer) authorized by another
to act in his/her place, either for some particular
purpose, as to do a specified act, or for the transaction
of business in general, not of legal character. This
authority is conferred by an instrument in writing,
called a letter of attorney, or more commonly a power
of attorney.
Attorney of record - The attorney retained
or assigned to represent a client.
Bail - Cash or surety posted to procure
the release of a defendant by insuring his/her future
attendance court, and compelling him/her to remain in
the jurisdiction of the court.
Bail Bond - An obligation signed by
the accused to secure his/her presence at the trial.
This obligation means that the accused may lose money
by not properly appearing for the trial. Often referred
to simply as bond.
Bailiff - A court attendant who keeps
order in the courtroom and has custody of the jury.
Bankruptcy - Refers to statutes and judicial
proceedings involving persons or businesses that cannot
pay their debts and seek the assistance of the court
in getting a fresh start. Under the protection of the
bankruptcy court, debtors may be released from or “discharged”
from their debts, perhaps by paying a portion of each
debt. Bankruptcy judges preside over these proceedings.
The person with the debts is called the debtor and the
people or companies to whom the debtor owes money are
called creditors.
Bar - 1. Historically, the partition
separating the general public from the space occupied
by the judges, lawyers, and other participants in a
trial. 2. More commonly, the term means the whole body
of lawyers.
Bar Examination - A state examination
taken by prospective lawyers in order to be admitted
and licensed to practice law.
Battery - A beating, or wrongful physical
violence. The actual threat to use force is an assault;
the use of it is a battery, which usually includes an
assault.
Bench - The seat occupied by the judge.
More broadly, the court itself.
Bench Trial - Trial without a jury
in which a judge decides the facts.
Bench warrant - Warrant of arrest ordered
and signed by a judge (statewide warrant).
Beneficiary - Someone named to receive
property or benefits in a will. In a trust, a person
who is to receive benefits from the trust.
Bequeath - To give a gift to someone
through a will.
Bequests - Gifts made in a will.
Best evidence - Primary evidence; the
best evidence available. Evidence short of this is “secondary.”
That is, an original letter is “best evidence,”
and a photocopy is “secondary evidence.”
Beyond a reasonable doubt - The standard
in a criminal case requiring that the jury be satisfied
to a moral certainty that every element of a crime has
been proven by the prosecution. This standard of proof
does not require that the state establish absolute certainty
by eliminating all doubt, but it does require that the
evidence be so conclusive that all reasonable doubts
are removed from the mind or the ordinary person.
Bill of particulars - A statement of
the details of the charge made against the defendant.
Bind over - To hold a person for trial
on bond (bail) or in jail. If the judicial official
conducting a hearing finds probable cause to believe
the accused committed a crime, the official will bind
over the accused, normally by setting bail for the accused’s
appearance at trial.
Bond (supersedeas) - The bond set by
the court during the appeal procedure and posted with
the Clerk of Court.
Bond (surety) - A certificate posted
by a bonding company to the sheriff for release of the
defendant.
Bond amounts - Cash or surety to be
posted for release on bail.
Booking - The process of photographing,
fingerprinting and recording identifying data of a suspect.
This process follows the arrest.
Brief - A written statement prepared
by one side in a lawsuit to explain to the court its
view of the facts of a case and the applicable law.
Burden of Proof - In the law of evidence,
the necessity or duty of affirmatively providing a fact
or facts in dispute on an issue raised between the parties
in a lawsuit. The responsibility of proving a point
or points; standard of proof indicades the degree to
which the point must be proven. For example, in a ciril
case the burden of proof rests with the plaintiff, who
must establish his/her case by such standards of proof
as a preponderance of evidence or clear and convincing
evidence.
Capital crime - A crime punishable
by death.
C-4 motion - Motion to dismiss on grounds
that there is no prima facie case of guilty (FRCP 3.190(C)(4)
Calendar - List of cases scheduled
for hearing in court.
Capias (instanter) - Issuance of the
arrest order with court direction to bring the named
person before the court immediately, with no bond.
Capias - A writ to the sheriff or other
authorized agent to arrest the named person (nationwide).
Caption - The heading on a legal document
listing the parties, the court, the case number, and
related information.
Case law - Law established by previous
decisions of appellate courts, particularly the Supreme
Court.
Cause - A lawsuit, litigation, or action.
Any question, civil or criminal, litigated or contested
before a court of justice.
Caveat - A warning; a note of caution.
Certified copy - A court document that
is authenticated, signed and sealed by the clerk or
deputy clerk.
Certiorari - A means of getting an
appellate court to review a lower court’s decision.
The loser of a case will often ask the appellate court
to issue a writ of certiorari, which orders the lower
court to convey the record of the case to the appellate
court and to certify it as accurate and complete. If
an appellate court grants a writ of certiorari, it agrees
to take the appeal. This is often referred to as granting
cert.
Challenge - Term used in a jury trial
when attempting to exclude a potential juror.
Challenge for cause - Objection to
the seating of a particular juror for a stated reason
(usually bias or prejudice for or against one of the
parties in the lawsuit.) The judge has the discretion
to deny the challenge. This differs from peremptory
challenge.
Chambers - A judge’s private office.
A hearing in chambers takes place in the judge’s
office outside of the presence of the jury and the public.
Change of venue - Moving a lawsuit
or criminal trial to another place for trial.
Charge to the jury - The judge’s
instructions to the jury concerning the law that applies
to the facts of the case on trial.
Charges (multiple) - A case with more
than one count or offense listed on the court file.
Charging document - A citation, information,
indictment, 923.01 or notice to appear, indicating that
the named person committed a specific criminal offense
or civil infraction.
Chief Judge - Chief Judge - Presiding
or administrative judge in a court.
Circumstantial evidence - All evidence
except eyewitness testimony. One example is physical
evidence, such as fingerprints, from which an inference
can be drawn.
Citation - The summons handed to the
defendant indicating the offense committed.
Civil action - Noncriminal cases in
which one private individual or business sues another
to protect, enforce, or redress private or civil rights.
Civil procedure - The rules and process
by which a civil case is tried and appealed, including
the preparations for trial, the rules of evidence and
trial conduct, and the procedure for pursuing appeals.
Class action - A lawsuit brought by
one or more persons on behelf of a larger group.
Clear and convincing evidence - Standard
of proof commonly used in civil lawsuits and in regulatory
agency cases. It governs the amount of proof that must
be offered in order for the plaintiff to win the case.
Clemency or executive clemency - Act
of grace or mercy by the president or governor to ease
the consequences of a criminal act, accusation, or conviction.
It may take the form of commutation or pardon.
Closing argument - The closing statement,
by counsel, to the trier of facts after all parties
have concluded their presentation of evidence.
Codicil - An amendment to a will.
Commit - To send a person to prison,
asylum, or reformatory by a court order.
Common law - The legal system that
originated in England and is now in use in the United
States. It is based on judicial decisions rather than
legislative action.
Community control - A form of probation
restricting the defendant’s movements to an extreme
degree.
Commutation - The reduction of a sentence,
as from death to life imprisonment.
Companion cases or codefendants - More
than one person arrested on the same criminal incident.
Comparative negligence - A legal doctrine
by which acts of the oppsing parties are compared to
determine the liability of each party to the other,
making each liable only for his/her percentage of fault.
See contributory negligence.
Complainant - The party who complains
or sues; one who applies to the court for legal redress.
Also called the plaintiff.
Complaint - 1. The legal document that
usually begins a civil lawsuit. It states the alleged
facts and identifies the action the court is asked to
take. 2. Formal written charge that a person has committed
a criminal offense.
Conciliation - A form of alternative
dispute resolution in which the parties bring their
dispute to a neutral third party, who helps lower tensions,
improve communications, and explore possible solutions.
Conciliation is similar to mediation, but it may be
less formal.
Concurrent sentences - Sentences for
more than one crime that are to be served at the same
time, rather than one after the other.
Condemnation - The legal process by
which the government takes private land for a public
use, paying the owners a fair price as determined by
the court.
Conflict attorney - One of a pool of
attorneys appointed on rotation when a codefendant has
the Public Defender.
Consecutive sentences - Successive
sentences, one beginning at the expiration of another,
imposed against a person convicted of two or more violations.
Conservatorship - Legal right given
to a person to manage the property and financial affairs
of a person deemed incapable of doing that for himself/herself.
(See also guardianship. Conservators have somewhat less
responsibility than guardiuans.)
Contempt of court - An act of disrespect
to the court, willful disregard of the court’s
authority.
Continuance - Deferring a trial or
hearing to a later date.
Contract - A legally enforceable agreement
between two or more competent parties made either orally
or in writing.
Contributory negligence - A legal doctrine
that says, if the plaintiff in a civil action for negligence
also was negligent, he/she cannot recover damages from
the defendant for the defendant’s negligence. Most
jurisdictions have abandoned the doctrine of contributory
negligence in favor of comparative negligence.
Conviction - A judgment of guilt against
a criminal defendant.
Corpus delicti - Body of the crime.
The objective proof that a crime has been committed.
It sometimes refers to the body of the victim of a homicide
or to the charred shell of a burned house, but the term
has a broader meaning. For the state to introduce a
confession or to convict the accused, it must prove
a corpus delicti, that is, the occurrence of a specific
injury or loss and a criminal act as the source of that
particular injury or loss.
Corroborating evidence - Supplementary
evidence that tends to strengthen or confirm the initial
evidence.
Counsel - Legal adviser; a term used
to refer to lawyers in a case.
Counterclaim - A claim made by the
defendant in a civil lawsuit against the plaintiff.
In essence, a counter lawsuit within a lawsuit.
Court Administrator/Clerk of Court
-An officer appointed by the court or elected to oversee
the administrative, nonjudicial activities of the court.
Court date notice - A written form
(usually mailed) that is used to bring the required
person to court.
Court - Government entity authorized
to resolve legal disputes. Judges sometimes use “court”
to refer to themselves in the third person, as in “the
court has read the brief.”
Court costs - The expenses of prosecuting
or defending a lawsuit, other than the attorneys’
fees. An amount of money may be awarded to the successful
party (and may be recoverable from the losing party)
as reimbursement for court cost.
Court recorder - A deputy clerk who
maintains the verbatim record of court proceedings on
tape.
Court reporter - A privately employed court person
who maintains the verbatim record of court proceedings.
Cross-claim - A claim by codefendants
or coplaintiffs against each other and not against persons
on the opposite side of the lawsuit.
Cross-examination - The questioning
of a witness produced by the other side.
Cumulative sentences - Sentences for
two or more crimes to run consecutively, rather than
concurrently.
Custody - Detaining of a person by
lawful process or authority to assure his/her appearance
to any hearing; the jailing or imprisonment of a person
convicted of a crime.
D-6 - A court report to the Department
of Highway Safety & Motor Vehicles of a person’s
failure to appear in court, leading to suspension of
the driver’s license.
Damages - Money awarded by a court
to a person injured by the unlawful act or negligence
of another person.
Decision - The judgment reached or
given by a court of law.
Decree - An order of the court. A final
decree is one that fully and finally disposes of the
litigation. An interlocutory decree is a preliminary
order that often disposes of only part of a lawsuit.
De novo - A trial de novo is a new
trial of a case.
Declaratory judgment - A judgment of
the court that explains what the existing law is or
expresses the opinion of the court without the need
for enforcement.
Defamation - That which tends to injure
a person’s reputation. Libel is published defamation,
whereas slander is spoken.
Default - A failure to respond to a
lawsuit within the specified time.
Default judgment - A judgment entered
against a party who fails to appear in court or respond
to the charges.
Defendant - In a civil case, the person
being sued. In a criminal case, the person accused of
the crime.
Deferred payment - The court’s
granting additional time to pay a fine.
Demand for discovery - Demand by the
defense attorney to the State Attorney to furnish material
information on a case.
Demanding state - The state seeking
return of a fugitive.
Demurrer - A legal attack on a document
as to sufficiency.
Deposition - An oral statement made
before an officer authorized by law to administer oaths.
Such statements are taken to examine potential witnesses,
to obtain discovery, to be used later in trial. Testimony
of a witness other than in open court.
Descent and Distribution Statutes -
State laws that provide for the distribution of estate
property of a person who dies without a will. Same as
intestacy laws.
Directed verdict - Now called judgment
as a matter of law. An instruction by the judge to the
jury to return a specific verdict.
Direct Evidence - Proof of facts by
witnesses who saw acts done or heard words spoken.
Direct Examination - The first questioning of
witnesses by the party on whose behalf they are called.
Disbarment - Form of discipline of a lawyer resulting
in the loss (often permanently) of that lawyer’s
right to practice law. It differs from censure (an official
reprimand or condemnation) and from suspension (a temporary
loss of the right to practice law.)
Discharge of bond - A court order to
release a bond.
Disclaim - To refuse a gift made in
a will.
Dismissal - Termination of a lawsuit.
A dismissal without prejudice allows a lawsuit to be
brought before the court again at a later time. In contrast,
a dismissal with prejudice prevents the lawsuit from
being brought before a court in the future.
Dissent - To disagree. An appellate
court opinion setting forth the minority view and outlining
the disagreement of one or more judges with the decision
of the majority.
Disposition - The sentencing or other
final settlement of a case.
Disposition report to DHSMV - A report
to the Department of Highway Safety & Motor Vehicles
on the court adjudication in a traffic case.
Diversion - The process of removing
some minor criminal, traffic or juvenile cases from
the full judicial process, on the condition that the
accused undergo some sort of rehabilitation or make
restitution for damages.
DOC - The Department of Corrections
- state prison facility.
Docket - A list of cases to be heard
by a court or a log containing brief entries of court
proceedings.
Docket card or case history - The computer
printout of chronological activity in a case.
Docket sounding - The proceeding in
which a judge assigns trial dates or takes pleas.
Domicile - The place where a person
has his/her permanent legal home. A person may have
several residences, but only one domicile.
Double jeopardy - Putting a person
on trial more than once for the same crime. It is forbidden
by the Fifth Amendment to the U.S. Constitution.
Due Process of Law - The right of all
persons to receive the guarantees and safeguards of
the law and the judicial process. It includes such constitutional
requirements as adequate notices, assistance of counsel,
and the rights to remain silent, to a speedy and public
trial, to an impartial jury and to confront and secure
witnesses.
Elements of a crime - Specific factors
that define a crime which the prosecution must prove beyond
a reasonable doubt in order to obtain a conviction. The
elements that must be proven are (1) that a crime has
actually occurred, (2) that the accused intended the crime
to happen, and (3) a timely relationship between the first
two factors.
Eminent domain - The power of the
government to take private property for public use through
condemnation.
En banc - All the judges of a court
sitting together. Appellate courts can consist of a
dozen or more judges, but often they hear cases in panels
of three judges. If a case is heard or reheard by the
full court, it is heard en banc.
Enjoining - An order by the court
telling a person to stop performing a specific act.
Entrapment - A defense to criminal
charges alleging that agents of the government induced
a person to commit a crime he/she otherwise would not
have committed.
Equal protection of the law - The
guarantee in the Fourteenth Amendment to the U.S. Constitution
that all persons be treated equally by the law. Court
decisions have established that this guarantee requires
that courts be open to all persons on the same conditions,
with like rules of evidence and modes of procedure;
that persons be subject to no restrictions in the acqusition
of property, the enjoyment of personal liberity, and
the pursuit of happiness, which do not generally affect
others; that persons are liable to no other or greater
burdens than such are laid upon others, and that no
different or greater punishment is enforced against
them for a violation of the laws.
Equity - Generally, justice or fairness.
Historically, equity refers to a separate body of law
developed in England in reaction to the inability of
the common-law courts, in their strict adherence to
rigid writs and forms of action, to consider or provide
a remedy for every injury. The king therefore established
the court of chancery to do justice between parties
in cases were the common law would give inadequate redress.
The principle of this system of law is that equity will
find a way to achieve a lawful result when legal procedure
is inadequate. Equity and law courts are now merged
in most jurisdictions.
Escheat - The process by which a
deceased person’s property goes to the state if no heir
can be found.
Escrow - Money or a written instrument
such as a deed that, by agreement between two parties,
is held by a neutral third party (held in escrow) until
all conditions of the agreement are met.
Estate - An estate consists of personal
property (car, household items, and other tangible items),
real property and intangible property, such as stock
certificates and bank accounts, owned in the individual
name of a person at the time of the person’s death.
It does not include life insurance proceeds unless the
estate was made the beneficiary) or other assets that
pass outside the estate (like a joint tenancy asset.)
Estate tax - Generally, a tax on
the privilege of transferring property to others after
a person’s death. In addition to federal estate taxes,
many states have their own estate taxes.
Estoppel - A person’s own act, or
acceptance of facts, which preclude his or her later
making claims to the contrary.
Estreature - Civil aspect of a bond
forfeiture.
Et al - All others.
Evidence - Testimony or exhibits
received by the court at any stage of court proceedings.
Evidence sheet - A list of all the
items entered as evidence in a trial or hearing.
Exceptions - Declarations by either
side in a civil or criminal case reserving the right
to appeal a judge’s ruling upon a motion. Also, in regulatory
cases, objections by either side to points made by the
other side or to rulings by the agency or one of its
hearing officers.
Execute - To complete the legal requirements
(such as signing before witnesses) that make a will
valid. Also, to execute a judgment or decree means to
put the final judgment of the court into effect.
Executor - A personal representative,
named in a will, who administers an estate.
Exempt property - In bankruptcy proceedings,
this refers to certain property protection by law from
the reach of creditors.
Ex parte - On behalf of only one
party, without notice to any other party. For example,
a request for a search warrant is an ex parte proceeding,
since the person subject to the search is not notified
of the proceeding and is not present at the hearing.
Ex parte proceeding - The legal procedure
in which only one side is represented. It differs from
the adversary system or adversary proceeding.
Ex post facto - After the fact. The
Constitution prohibits the enactment of ex post facto
laws. These are laws that permit conviction and punishment
for a lawful act performed before the law was changed
and the act made illegal.
Exclusionary rule - The rule preventing
illegally obtained evidence to be used in any trial.
Exhibits - Any paper or object offered
in court that is marked for identification or evidence.
Exonerate - Removal of a charge,
responsibility or duty.
Expungement - Official and formal
erasure of a record or partial contents of a record.
Extenuating circumstances - Circumstances
which render a crime less aggravated, heinous, or reprehensible
than it would otherwise be.
Extradition - Surrender by one state
to another of a person accused or convicted of an offense
outside its own territory and within territorial jurisdiction
of the other, with the other state which is competent
to try him/her, demanding his/her surrender.
Family allowance - A small amount of
money set aside from the estate of the deceased. Its purpose
is to provide for the surviving family members during
the administration of the estate.
Felony - A crime more serious than
a misdemeanor, carrying a penalty of possible incarceration
in a state prison facility.
Fiduciary - A person having a legal
relationship of trust and confidence to another and
having a duty to act primarily for the other’s benefit:
i.e., a guardian, trustee or executor.
File - To place a paper in the official
custody of the clerk of court/court administrator to
enter into the files or records of a case.
Filed in open court - Court documents
entered into the file in court.
Finding - Formal conclusion by a
judge or regulatory agency on issues of fact. Also,
a conclusion by a jury regarding a fact.
First appearance - The initial appearance
of an arrested person before a judge to determine whether
or not there is probable cause for his/her arrest. Generally,
the person comes before a judge within hours of the
arrest. Also called initial appearance.
Fraud - Intentional deception to
deprive another person of property or to injure that
person in some way.
Fugitive - A person who flees from
one state to another to avoid prosecution.
Garnishment - A legal proceeding in which
a debtor’s money, in the possession of another (called
the garnishee) is applied to the debts of the debtor,
such as when an employer garnishes a debtor’s wages.
General jurisdiction - Refers to
courts that have no limit on the types of criminal and
civil cases they may hear.
Good/Gain time - A reduction in sentenced
time in prison as a reward for good behavior. It usually
is one-third to one-half off the maximum sentence.
Grand jury - A jury of inquiry of
not more than 18 and not less than 15 persons, with
at least 12 concurring before an indictment may be returned.
Grantor - The person who sets up
a trust.
Guardian - 1. A person appointed
by will or by law to assume responsibility for incompetent
adults or minor children. If a parent dies, this will
usually be the other parent. If both die, it probably
will be a close relative. 2. Legal right given to a
person to be responsible for the food, housing, health
care, and other necessities of a person deemed incapable
of providing these necessities for himself/herself.
A guardian also may be given responsibility for the
person’s financial affairs, and thus perform additionally
as a conservator. (See also conservatorship.)
Habeas corpus - A writ used as a means
to bring a person before the court to determine whether
he/she is being detained unlawfully.
Harmless error - An error committed
during a trial that was corrected or was not serious
enough to affect the outcome of a trial and therefore
was not sufficiently harmful (prejudicial) to be reversed
on appeal.
Hearing proceedings - A record of
the testimony and evidence entered.
Hearsay - Statements by a witness
who did not see or hear the incident in question but
heard about it from someone else. Hearsay is usually
not admissible as evidence in court.
Hostile witness - A witness whose
testimony is not favorable to the party who calls him/her
as a witness. A hostile witness may be asked leading
questions and may be cross examined by the party who
calls him/her to the stand.
Hung jury - Jury unable to reach a verdict.
Immunity - Grant by the court, which
assures someone will not face prosecution in return for
providing criminal evidence.
Impeachment of a witness - An attack
on the credibility (believability) of a witness, through
evidence introduced for that purpose.
Implied consent - Requirement to
take a chemical test when arrested for driving under
the influence.
Inadmissible - That which, under
the rules of evidence, cannot be admitted or received
as evidence.
In camera - In chambers, or in private.
A hearing in camera takes place in the judge’s office
outside of the presence of the jury and the public.
Independent executor - A special
kind of executor, permitted by the laws of certain states,
who perfoms the duties of an executor without intervention
by the court.
In forma pauperis - In the manner
of a pauper. Permission given to a person to sue without
payment of court fees on claim of indigence or poverty.
In-custody arraignments (jail cases)
- Arrests and filed cases going to court in which there
has not been a release on bond or by other means.
Incarcerate - To confine in jail.
Indeterminate sentence - A sentence
of imprisonment to a specified minimum and maximum period
of time, specifically authorized by statute, subject
to termination by a parole board or other authorized
agency after the prisoner has served the minimum term.
Indictment - A formal charging document
issued by a grand jury to the court, that the named
person committed a specific offense.
Information - A formal charging document
issued by the State Attorney, that the named person
committed a specific offense.
Infraction - A violation of law not
punishable by imprisonment. Minor traffic offenses generally
are considered infractions.
Indigent - Needy or improverished.
A defendant who can demonstrate his/her indigence to
the court may be assigned a court-appointed attorney
at public expense.
Inheritance Tax - A state tax on
property that an heir or beneficiary under a will receives
from a deceased person’s estate. The heir or beneficiaty
pays this tax.
Initial Appearance - In criminal
law, the hearing at which a judge determines whether
there is sufficient evidence against a person charged
with a crime to hold him/her for trial. The Constitution
bans secret accusations, so initial appearances are
public unless the defendant asks otherwise; the accused
must be present, though he/she unually does not offer
evidence. Also called first appearance.
Initial proceedings - The first court
appearance of a defendant on a charge.
Injunction - Writ or order by a court
prohibiting a specific action from being carried out
by a person or group. A preliminary injunction is granted
provisionally, until a full hearing can be held to determine
if it should be made permanent.
Instructions - Judge’s explanation
to the jury before it begins deliberations of the questions
it must answer and the applicable law governing the
case. Also called charge to the jury.
Intangible assets - Nonphysical items
such as stock certificates, bonds, bank accounts, and
pension benefits that have value and must be taken into
account in estate planning.
Interrogatories - Written questions
asked by one party in a lawsuit for which the opposing
party must provide written answers.
Interlocutory - Provisional; not
final. An interlocutory order or an interlocutory appeal
concerns only a part of the issues reaised in a lawsuit.
Intervention - An action by which
a third person who may be affected by a lawsuit is permitted
to become a party to the suit. Differs from the process
of becoming an amicus curiae.
Inter vivos gift - A gift made during
the giver’s life.
Inter vivos trust - Another name
for living trust.
Intestacy laws - See descent and
distrubition statutes.
Intestate succession - The process
by which the property of a person who has died without
a will passes on to others according to the state’s
descent and distribution statutes. If someone dies without
a will, and the court uses the state’s intestate succession
laws, an heir who receives some of the deceased’ s property
is an intestate heir.
Intestate - Dying without having
a will.
Invoke the rule - Separation and
exclusion of witnesses from the courtroom.
Irrevocable trust - A trust that,
once set up, the grantor may not revoke.
Issue - 1. The disputed point in
a disagreement between parties in a lawsuit. 2. To send
out officially, as in to issue an order.
Joint and several liability - A legal
doctrime that makes each of the parties who are responsible
for an injury, liable for all the damages awarded in a
lawsuit if the other parties responsible cannot pay.
Joint tenancy - A form of legal co-ownership
of property (also known as survivorship). At the death
of one co-owner, the surviding co-owner becomes sole
owner of the property. Tenancy by the entirety is a
special form of joint tenancy between a husband and
wife.
Judge - An elected or appointed
public official with authority to hear and decide cases
in a court of law. A judge Pro Tem is a temporary judge.
Judgment - The first disposition
of a lawsuit. Default judgment is a judgment rendered
because of the defendant’s failure to answer or appear.
Summary Judgment is a judgment given on the basis of
pleadings, affidavits, and exhibits presented for the
record without any need for a trial. It is used when
there is no dispute as to the facts of the case and
one party is entitled to a judgment as a matter of law.
Consent judgment occurs when the provisions and terms
of the judgment are agreed on by the parties and submitted
to the court for its sanction and approval.
Judgment and sentence - The official
document of a judge’s disposition of a case sentencing
a defendant to DOC or jail custody.
Judicial Review - The authority of
a court to review the official actions of other branches
of government. Also, the authority to declare unconstitutional
the actions of other branches.
Jurat - Certificate of officer or
person whom writing was sworn before. In common term
is employed to designate certificate of competent administering
office that writing was sworn to by person who signed
it.
Jurisdiction - 1. The legal authority
of a court to hear and decide a case. Concurrent jurisdiction
exists when two courts have simultaneous responsibility
for the same case. 2. The geographic area over which
the court has authority to decide cases.
Jurisprudence - The study of law
and the structure of the legal system.
Jury - Persons selected according
to law and sworn to inquire into and declare a verdict
on matters of fact. A petit jury is an ordinary or trial
jury, composed of six to 12 persons, which hears either
civil or criminal cases.
Jury Commissioner - The court officer
responsible for choosing the panel of persons to serve
as potential jurors for a particular court term.
Juror disqualified - Juror excused
from a trial.
Jury polled - Each individual juror
is asked to affirm his or her verdict in open court
at the conclusion of a trial.
Jury selection list - A panel from
which jurors, who will hear the case, are drawn.
Jury trial - A trial in which the
jury judges the facts and the judge rules on the law.
Justiciable - Issues and claims capable
of being properly examined in court.
Juvenile - A child under 18 years
of age.
Kangaroo court -- Term descriptive of
a sham legal proceeding in which a person’s rights are
totally disregarded and in which the result is a foregone
conclusion because of the bias of the court or other tribunal.
Kentucky rule -- In the allocation
of dividents by trustees as between income and principal,
all dividends whether paid in cash or stock are regarded
as income through in most jurisdictions accepting this
rule a dividend paid in the stock of the issuing corporation
is considered principal and brings about an adjustment
in the basis of such stock in the portfolio.
Kissing the book -- The ceremony
of touching the lips to a copy of the Bible, used in
administering oaths. It is the external symbol of the
witness’ acknowledgement of the obligation of the oath.
Knowingly and willfully -- This phrase,
in reference to violation of a statute, means consciously
and intentionally.
Lapsed gift - A gift made in a will to
a person who has died prior to the will-maker’s death.
Larceny - Obtaining property by fraud
or deceit.
Law - The combination of those rules
and principles of conduct promulgated by legislative
authority, derived from court decisions and established
by local custom.
Law clerks - Persons trained in the
law who assist judges in researching legal opinions.
Leading question - A question that
suggests the answer desired of the witness. A party
generally may not ask one’s own witness leading questions.
Leading questions may be asked only of hostile witnesses
and on cross-examination.
Legal aid - Professional legal services
available usually to persons or organizations unable
to afford such services.
Leniency - Recommendation for a sentence
less than the maximum allowed.
Lesser included offense - Any lesser
offense included in the statute under the original charge.
Letters of administration - Legal
document issued by a court that shows an administrator’s
legal right to take control of assets in the deceased
person’s name.
Letters testamentary - Legal document
issued by a court that shows an executor’s legal right
to take control of assets in the deceased person’s name.
Liable - Legally responsible.
Libel - Published words or pictures
that falsely and maliciously defame a person. Libel
is published defamation; slander is spoken.
Lien - A legal claim against another
person’s property as security for a debt. A lien does
not convey ownership of the property, but gives the
lienholder a right to have his or her debt satisfied
out of the proceeds of the property if the debt is not
otherwise paid.
Limine - A motion requesting that
the court not allow certain evidence that might prejudice
the jury.
Limited jurisdiction - Refers to
courts that are limited in the types of criminal and
civil cases they may hear. For example, traffic violations
generally are heard by limited jurisdiction courts.
Lis pendens - A pending suit. Jurisdiction,
power, or control which courts acquire over property
in a suit pending action and until final judgment. Notice
of Lis Pendens: A notice filed on public records for
the purpose of warning all persons that the title to
certain property is in lititation, and that they are
in danger of being bound by an adverse judgment. The
notice is for the purpose of preserving rights pending
litigation.
Litigant - A party to a lawsuit.
Litigation refers to a case, controversy, or lawsuit.
Living trust - A trust set up and
in effect during the lifetime of the grantor. Also called
inter vivos trust.
Magistrate - Judicial officer exercising
some of the functions of a judge. It also refers in a
general way to a judge.
Malfeasance - Evil doing, ill conduct;
the commission of some act which is positively prohibited
by law.
Malicious Prosecution - An action
instituted with intention of injuring the defendant
and without probable cause, and which terminates in
favor of the person prosecuted.
Mandamus - A writ issued by a court
ordering a public official to perform an act.
Mandate - The official decree by
a court of appeal.
Manslaughter - The unlawful killing
of another without intent to kill; either voluntary
(upon a sudden impulse); or involuntary (during the
commission of an unlawful act not ordinarily expected
to result in great bodily harm.)
Mediation - A form of alternative
dispute resolution in which the parties bring their
dispute to a neutral third party, who helps them agree
on a settlement.
Memoralized - In writing.
Mens rea - The “guilty mind” necessary
to establish criminal responsibility.
Miranda warning - Requirement that
police tell a suspect in their custody of his/her constitutional
rights before they question him/her. So named as a result
of the Miranda v. Arizona ruling by the U.S. Supreme
Court.
Misdemeanor - An offense punishable
by not more than one year in county jail and $1,000
fine.
Mistrial - An invalid trial, caused
by fundamental error. When a mistrial is declared, the
trial must start again from the selection of the jury.
Mitigating circumstances - Those
which do not constitute a justification or excuse for
an offense but which may be considered as reasons for
reducing the degree of blame.
Mittimus - The name of an order in
writing, issuing from a court and directing the sheriff
or other officer to convey a person to a prison, asylum,
or reformatory, and directing the jailer or other appropriate
official to receive and safely keep the per | 
