Legal Terms And Definitions - National Employment Screening

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CRIMINAL CHARGES

TERMS AND
DEFINITIONS

The following Terms and definitions are those usually seen on employment background checks.

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
A Latin term meaning 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.
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.
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.
Affirmed
In the practice of appellate courts, the word means that the decision of the trial court is correct.
Afiant
A person who makes and signs an affidavit.
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.
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.
Arraignment
Appearance of the defendant in court to enter his/her plea to the charges.
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 of record
The attorney retained or assigned to represent a client.
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.
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.
Calendar
List of cases scheduled for hearing in court.
Capias
A writ to the sheriff or other authorized agent to arrest the named person (nationwide).
Capias (instanter)
Issuance of the arrest order with court direction to bring the named person before the court immediately, with no bond.
Capital Crime
A crime punishable by death.
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 (kod’i-sil)
An amendment to a will.
COI
Cost of Investigation; cost paid to the arresting agency
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 also 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 neegligence 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
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 Administrtator/Clerk of Court
An officer appointed by the court or elected to oversee the administrative, nonjudicial activities of the court.
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 Date Notice
A written form (usually mailed) that is used to bring the required person to court.
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.
De novo
A new. A trial de novo is a new trial of a case.
Decision
The judgment reached or given by a court of law.
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.
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.
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.
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.
Directed verdict
Now called judgment as a matter of law. An instruction by the judge to the jury to return a specific verdict.
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.
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.
Disposition/Receipt Card
Written report of the judge’s action in a case.
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.
Distress writ
A writ that is filed with a complaint for eviction of commercial property. It instructs the tenants that they are not to remove any of the contents of the property.
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.
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.
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.
Exculsionary rule
The rule preventing illegally obtained evidence to be used in any trial.
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.
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.
FTA
Failure to Appear
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 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 or Settlor
The person who sets up a trust.
Guardian
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.
Guardian
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.
IDO – Income Deduction Order
For instance a divorce, when a person is suppose to pay child support. IDO means the employer is directed to take money out of a pay check.
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.
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.
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.
Inadmissible
That which, under the rules of evidence, cannot be admitted or received as evidence.
Incarcerate
To confine in jail.
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.
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.
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.
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.
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.
Inter Vivos Gift
A gift made during the giver’s life.
Inter Vivos Trust
Another name for living trust.
Interlocutory
Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues reaised in a lawsuit.
Interrogatories
Written questions asked by one party in a lawsuit for which the opposing party must provide written answers.
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.
Intestacy Laws
See descent and distrubition statutes.
Intestate
Dying without having a will.
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.
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.
Juror disqualified
Juror excused from a trial.
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.
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.
Kanagaroo 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 wilfully
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 litigation, 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 person until his or her fate shall be determined by due course of law.
Moot
A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing that would be affected by the court’s decision.
Motion
Oral or written request made by a party to an action before, during, or after a trial, upon which a court issues a ruling or order.
Motion in limine
Motion for order against admission or prejudicial statements or questions.
Motion to mitigate sentence
A motion to reduce the sentence.
Motion to seal/expunge
A motion to close records to public inspection.
Motion to suppress
A motion to prevent admission of evidence in a case.
Murder
The unlawful killing of a human being with deliberate intent to kill. Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.
Negligence
Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.
Next Friend
One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.
No information
Document which states no formal charge will be filed by the State Attorney.
No probable cause
Insufficient grounds to hold the person who was arrested.
No true bill
A finding by a grand jury that there is no probable cause to decide that a crime has been committed.
No-Contest Clause
Language in a will that provides that a person who makes a legal challenge to the will’s validity will be disinherited.
No-Fault Proceedings
A civil case in which parties may resolve their dispute without a formal finding of error or fault .
Nolle prosequi
The State Attorney declines to prosecute but may still initiate prosecution within one year.
Nolo contendere
A person neither admits nor denies the charges, letting them stand as is.
Non-jury trial
A case tried by a judge.
Notice
Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.
Nunc pro tunc
An entry made now for an act done previously and to have the effect as if it were done on a prior date.
Nuncupative Will
An oral (unwritten) will.
Oath of indigency and order appointing counsel
A document signed by the defendant under oath before the judge, stating he or she is without funds to retain an attorney. The judge may then declare the defendant insolvent and sign an order appointing counsel.
Oaths
Sworn attestations required in court, usually administered by the in-court clerk.
Objection
The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.
On a Person’s Own Recognizance
Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.
Opening Statement
The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.
Opinion
A judge’s written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. A per curiam opinion is an unsigned opinion ?’of the court.”
Oral Argument
An oppoirtunity for lawyers to summarize their positions before the court and also to answer the judges’ questions.
Order
A written or oral command from a court directing or forbidding an action.
Ore tenus motion
An oral motion before the court.
Overrule
A judge’s decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.
PAD
Prosecutor’s alternative division: Settlement without Prosecution.
Parens Patriae
The doctrine under which the court protects the interests of a juvenile.
Parole
The supervised conditional release of a prisoner before the expiration of his/her sentence. If the parolee observes the conditions, he/she need not serve the rest of his/her term.
Party
A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.
Patent
A government grant giving an inventor the exclusive right to make or sell his/her invention for a term of years.
Perjury
The criminal offense of making a false statement under oath.
Permanent Injunction
A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.
Person in Need of Supervision
Juvenile found to have committed a status offense rather than a crime that would provide a basis for a finding of delinquency. Typical status offenses are habitual truancy. Violating a curfew, or running away from home. These are not crimes, but they might be enough to place a child under supervision. In different states, status offenders might be called children in need of supervision or minors in need of supervision.
Personal Property
Tangible physical property (such as cars, clothing, furniture and jewelry) and intangible personal property. This does not include real property such as land or rights in land.
Personal Recognizance
In criminal proceedings, the pretrial release of a defendant without bail upon his/her promise to return to court. See also own regognizance.
Personal Representative
The person who administers an estate. If named in a will, that person’s title is an executor. If there is no valid will, that person’s title is an administrator.
Petitioner
The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. The opposing party is called the respondent.
Plaintiff
The person who files the complaint in a civil lawsuit. Also called the complainant.
Plea
Defendant’s answer to the charge – guilty, not guilty or nolo contendere.
Plea
In a criminal proceeding, it is the defendant’s declaration in open court that he or she is guilty or not guilty. The defendant’s answer to the charges made in the indictment or information.
Plea bargaining or plea negotiating
The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it is a legal transaction in which a defendant pleads guilty in exchange for some form of leniency. It often involves a guilty plea to lesser charges or a guilty plea to some of the charges if other charges are dropped. Such bargains are not binding on the court.
Plea negotiation
Negotiations arrived at by the state and the defense for a fair disposition of the case and requiring approval by the court.
Pleadings
The written statements of fact and law filed by the parties to a lawsuit.
POA
Pay or appear. Pay a fine or appear in court. No extensions.
Point information
Penalty points imposed by the Department of Highway Safety & Motor Vehicles after conviction in traffic court.
Polling the jury
The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.
Pour-Over Will
A will that leaves some or all estate assets to a trust established before the will-maker’s death.
Power of Attorney
Formal authorization of a person to act in the interests of another person.
Praecipe
A writ commanding the Clerk of Court to issue a subpoena or summons.
Pre-Injunction
Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. If differs from a temporary restraining order.
Pre-sentence investigation
A background investigation of the defendant by the Department of Corrections, returnable to the sentencing judge on or before a certain date.
Pre-Trial Conference
A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and make a final effort to settle the case without a trial.
Pre-trial intervention
A county program to aid certain qualifying defendants by diverting them from court proceedings upon successful completion of the program.
Pre-trial release (PTR)
Release by sheriff’s personnel after arrest and before any court appearance, setting a court appearance date.
Precedent
A previously decided case that guides the decision of future cases.
Preemptory challenge
A challenge that may be used to reject a certain number of prospective jurors without giving a reason.
Preliminary Hearing
Another term for arraignment.
Preponderance of the evidence
Greater weight of the evidence; the common standard of proof in civil cases.
Presentment
Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. It ordinarily does not include a formal charge of crim Prime facie – On the face of it – factually
Pretermitted Child
A child born after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children.
Pro bono publico
For the public good. Lawyers representing clients without a fee are said to be working pro bono publico.
Pro se
In one’s own behalf.
Probable cause
Reasonable belief that a crime was committed and that the named person committed the crime.
Probate
The court-supervised process by which a will is determined to be the will-maker’s final statement regarding how the will maker wants his/her property distributed. It also confirms the appointment of the personal representative of the estate. Probate also means the process by which assets are gathered; applied to pay debts, taxes, and the expenses of administration; and distribution to those designated as beneficiaries in the will.
Probate Court
The court with authority to supervise estate administration.
Probate Estate
Estate property that may be disposed of by a will.
Probation
Suspension of sentence with or without adjudication and placing the defendant under supervision of the Department of Corrections for a specified period of time and possible conditions.
Prosecutor
A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
Proximate cause
The act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his/her action or by his/her failure to act when he/she had a duty to act.
PTR
Pre Trial Release
Public defender
A court-appointed attorney for those defendants who are declared indigent.
Quash
To vacate or void a summons, subpoena, etc.
Re-Direct Examination
Opportunity to present rebuttal evidence after one’s evidence has been subjected to cross-examination.
Real Property
Land, buildings, and other improvements affixed to the land.
Reasonable doubt
An accused person is entitled to acquittal if, in the minds of the jury, his/her guilt has not been proved beyond a reasonable doubt; that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
Reasonable Person
A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do.
Rebut
Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.
Recall order
Court order recalling a warrant or capias.
Record
All the documents and evidence plus transcripts of oral proceedings in a case.
Recusal
A judge excusing himself/herself from a case.
Redress
To set right; to remedy; to compensate; to remove the causes of a grievance.
Referee
A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court.
Rehearing
Another hearing of a civil or criminal case by the same court in which the case was originally heard.
Rejoinder
Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side.
Release on own recognizance (ROR)
Release of a prisoner by a judge with no bond requirement.
Remand
To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court’s ruling.
Remedy
Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.
Remittitur
The reduction by a judge of the damages awarded by a jury.
Removal
The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.
Rendition
Transfer of a fugitive from the asylum state to the demanding state.
Replevin
An action for the recovery of a possession that has been wrongfully taken.
Reply
The response by a party to charges raised in a pleading by the other party.
Respondent
The person against whom an appeal is taken. See petitioner.
Rest
A party is said to rest or rest its case when it has presented all the evidence it intends to offer.
Restitution
Act giving the equivalent for any loss, damage or injury.
Retainer
Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he/she retains the attorney to act for him/her.
Return
A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal.
Reverse
An action of a higher court in setting aside or revoking a lower court decision.
Reversible error
A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.
Revocable trust
A trust that the grantor may change or revoke.
Revoke
To cancel or nullify a legal document.
Robbery
Felonious taking of another’s property, from his or her person or immediate presence and against his or her will, by means of force or fear.
ROR
Released on Recognizance
Rules of Evidence
Standards governing whether evidence in civil or criminal case is admissible.
Scoresheet
Uniform guidelines for sentencing using points system mandated by the Legislature.
Seal
The Clerk of Court symbol of authenticity.
Search warrant
A written order issued by a judge that directs a law enforcement officer to search a specific area for a specific piece of evidence.
Second appearance
The County Court appearance after initial proceedings in which the state files an information or the defendant is discharged.
Secured Debt
In bankruptcy proceedings, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.
Secured signature bond
A signature bond secured by mortgage or real property.
Self defense
Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.
Self-incrimination, privilege against
The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the U.S. Constitution. Asserting the right is often referred to as taking the Fifth.
Self-proving Will
A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker’s death.
Sentence
The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another.
Sentence Report
A document containing background material on a convicted person. It is prepared to guide the judge in the imposition of a sentence. Sometimes called a presentence investigation.
Sequester
To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial.
Sequestration of witnesses
Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also called separation of witnesses. This prevents a witness from being influenced by the testimony of a prior witness.
Service
The delivery of a legal document, such as a complaint, summons, or subpoena, notifying a person of a lawsuit or other legal action taken against him/her by an officially authorized person in accordance with the formal requirements of the applicable laws.
Settlement
An agreement between the parties disposing of a lawsuit.
Settlor
The person who sets up a trust. Also called the grantor.
Show cause order
Court order requiring a person to appear and show why some action should not be taken.
Sidebar
A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators.
Slander
False and defamatory spoken words tending to harm another’s reputation, business or means of livelihood. Slander is spoken defamation; libel is published.
Small Claims Court
A court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.
Sovereign immunity
The doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent.
Specific performance
A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Specific performance is ordered when damages would be inadequate compensation.
Speedy trial
A rule of law wherein the defendant must be brought to trial within 180 days (effective Jan. 1, 1994).
Spendthrist Trust
A trust set up for the benefit of someone who the grantor believes would be incapable of managing his/her own financial affairs.
Standing
The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.
Stare decisis
The doctrine that courts will follow principles of law laid down in previous cases. Similar to precedent.
Statement of particulars
A detailed statement of the offense charged, sufficient to enable the defendant to properly prepare his/her defense.
Status Offenders
Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult. They are not delinquents (in that they have committed no crime), but rather are persons in need of supervision, minors in need of supervision, or children in need of supervision, depending on the state in which they live. Status offenders are placed under the supervision of the juvenile court.
Statute of limitations
The time within which a plaintiff must begin a lawsuit (in civil cases) or a prosecutor must being charges (in criminal cases.) There are different statutes of limitations at both the federal and state levels for different kinds of lawsuits or crimes.
Statutory Construction
Process by which a court seeks to interpret the meaning and scope of legislation.
Statutory Law
Law enacted by the legislative branch of government, as distinguished from case law or common law.
Stay
A court order halting a judicial proceeding.
Stipulation
An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g. to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial.
Strike
Highlighting in the record of a case, evidence that has been improperly offered and will not be relied upon.
Sua Sponte
A Latin phrase which means on one’s own behalf; voluntary, without prompting or suggestion.
Subpoena
Command to a person to appear and testify in a specific proceeding.
Subpoena Duces Tecum
A court order commanding a witness to bring certain documents or records to court.
Summary judgment
A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.
Summons
A document signed by a deputy clerk ordering a person to appear before the court. Support Trust – A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary’s support.
Suppress
To forbid the use of evidence at a trial because it is improper or was improperly obtained. See also exclusionary rule.
Surety Bond
A bond purchased at the expense of the estate to insure the executor’s proper performance. Often called a fidelity bond.
Survivorship
Another name for joint tenancy.
Sustain
A court ruling upholding an objection or a motion.
Sworn complaint affidavit
A sworn, witnessed complaint filed with the Clerk of the Court.
Tangible Personal Property Memorandum (TPPM)
A legal document that is referred to in a will and used to guide the distribution of tangible personal property.
Temporary relief
Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.
Temporary restraining order
A judge’s order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a TRO.
Testamentary Capacity
The legal ability to make a will.
Testamentary Trust
A trust set up by a will.
Testator
Person who makes a will (female: testatrix)
Testimony
The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
Third party
A person, business or government agency not actively involved in a legal proceeding, agreement, or transaction.
Third-Party Claim
An action by the defendant that beings a third party into a lawsuit.
Time served
Actual number of days served in jail.
Title
Legal ownership of property, usually real property or automobiles.
Tort
An injury or wrong committed on the person or property of another. A tort is an infringement on the rights of an individual, but not founded in a contract. The most common tort action is a suit for damages sustained in an automobile accident.
Transcript
A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transfer cases
Cases going from one court or one jurisdiction to another.
Traverse
A formal denial of allegations.
True Bill
A finding by a grand jury that there is sufficient evidence to warrant a criminal charge.
True copy
An exact copy of a written instrument.
Trust
A legal device used to manage real or personal property, established by one person (the grantor or settlor) for the benefit of another (the beneficiary). A third person (the trustee) or the grantor manages the trust.
Trust Agreement or Declaration
The legal document that sets up a living trust. Testamentary trusts are set up in a will.
Trustee
The person or institution that manages the property put in trust.
Unlawful detainer
A detention of real estate without the consent of the owner or other person entitled to its possession.
Unsecured
In bankruptcy proceedings, for the purpose of filing a claim, a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.
Usury
Charging a higher interest rate or higher fees than the law allows.
Vacate
To set aside. To vacate a judgment is to set aside that judgment.
Venire
A writ summoning persons to court to act as jurors, also refers to the people summoned for jury duty.
Venue
The proper geographical area (county, city, or district) in which a court with jurisdiction over the subject matter may hear a case.
Verdict
The findings of a judge or jury at the end of the trial.
Voire dire
Examination of a jury panel by the judge, defense counsel and the state attorney.
VOP
Violation of Probation
Waiver
A form signed before a judge in which a defendant voluntarily submits to pickup by a foreign jurisdiction waiving his/her rights as guaranteed under the Constitution.
Waiver of immunity
A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.
Warrant
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.
Will
A legal declaration that disposes of a person’s property when that person dies.
With Prejudice
Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.
Withhold adjudication
The judge withholds a judgment of guilt.
Without Prejudice
A claim or cause dismissed without prejudice may be the subject of a new lawsuit.
Witness
A person who testifies to what he/she has seen, heard, or otherwise experienced. Also, a person who observes the signing of a will and is competent to testify that it is the will-maker’s intended last will and testament.
Writ
A judicial order directing a person to do something.
Writ of attachment
A writ of the court ordering the sheriff to seize or hold a person or property and bring same before the court.
Writ of certiorari
An order by the appellate court used when the court has the discretion on whether or not to hear an appeal.
Writ of habeas corpus ad prosequendum
A writ of the court ordering that a defendant be brought before the court to testify.
Writ of habeas corpus ad testificandum
A writ of the court ordering that a prisoner be brought before the court to testify.
Writ of mandamus
A writ to compel performance of one’s responsibilities as set forth by law.
Written plea of not guilty
A defendant’s plea in writing to the court. In the felony court, this plea may only be filed by counsel.
Xenodochium
In the civil and old English law, an inn allowed by public license, for the entertainment of strangers, and other guests. Also, a hospital; a place where sick and infirm persons were taken care of.
Xylon
A punishment among the Greeks answering to stocks.
Yeven
Given; dated
Yielding and paying
In convevvvancing. the initial words of that clause in leases in which the rent to be paid by the lessee is mentioned and reserved.
Zetetic
Proceeding by inquiry

Zone Theory
Within which injuries to employees are compensable under workmen’s compensation acts, is the place of employment and the area thereabouts, including the means of ingress thereto and egress therefrom under the control of the employer.

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REV. 09/2024

EMPLOYMENT

TERMS AND DEFINITIONS

The following Terms and definitions are those usually seen on employment background checks.

TERMS AND
DEFINITIONS