English/Arabic

Legal Glossary
K / 2/ 7

English/Arabic
Legal Glossary
K / 2/ 7

Translated from English into Arabic by Samia Zumout, Esq.

Superior Court of California, County of Sacramento

720 9th Street
Sacramento, CA 95814
Phone: (916) 874-6867 Fax: (916) 874-8229
www.saccourt.com
2005

Disclaimer

The Superior Court of California, County of Sacramento ("Court"), has prepared this
Legal Glossary. The Court cannot guarantee that the translations contained therein are
completely accurate, although reasonable attempts were made to achieve this goal. This
glossary is to be used for general reference purposes only, should be considered a "workin-progress," and is not intended to provide legal advice. This glossary is not intended to
be used as a study guide for purposes of passing California court interpreter certification
examinations, as some terminology might differ when used in specific context.
Neither the Administrative Office of the Courts, nor the Superior Court of California,
Sacramento County, nor any of its officials or employees assumes any legal liability or
responsibility for the accuracy of these translations. For more information or comments,
please contact Ms. Elaine Flores, Administrative Services Officer II of the Court, at (916)
874-8663 or via e-mail at [email protected].

English/Arabic Legal Glossary

K / 2/ 7
1203.03 PC MOTION - Request to cancel, modify, change
or terminate probation.

& &)/ 1203.03 9 I

1203.4 PC MOTION - Request to take back guilty plea or

set aside a guilty verdict, and dismiss the accusations or
information. (Made after probation has either terminated or
defendant was discharged from probation prior to
termination.)

0/ / 1203.4 9 I

170.6 PC MOTION - Request to disqualify the assigned

judge from hearing a matter.

/ / A 170.6 9 I

995 PC MOTION - Request made by a defendant to

dismiss a count of information.

+ 995 9 I

ABANDONMENT - When a parent leaves a child without

enough care, supervision, support, or parental contact for an
excessive period of time.

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ABATE - To put an end to; to cancel out.

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ABATEMENT OF ACTION A suit which has been set

aside and ended.

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ABDUCTION The offense of taking away a wife, child,

or ward, by deceitful persuasion, force, or violence.

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ABROGATE To repeal or cancel an old law using

another law or constitutional power.

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ABSTRACT A summary of what a court or government

agency does. In Traffic, document that is sent to the
Department of Motor Vehicles (DMV) to update driving
record.

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ABSTRACT OF JUDGMENT- Summary of the courts

final decision. Can be used as a lien if you file it with the
county recorder.
ABSTRACT OF RECORD Short form of the case.
ABUSE (1) immoderate or improper use; (2) to do
physical, sexual, or psychological harm to someone.

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ABUSE OF PROCESS - Misuse of the power of the court.

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ACCESSORY A person who helps someone else commit

a crime, either before or after the crime.

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ACCIDENT AND MISFORTUNE an unintentional

event; unforeseen event causing misfortune.

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ACCOMPLICE A person that helps someone else

commit a crime. Can be on purpose or not.

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ACCORD A satisfaction agreed upon between the parties

in a lawsuit, which prevents further actions after the claim.

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ACCORD AND SATISFACTION Agreement by the

parties to settle a claim or dispute in which the parties
typically agree to give or accept something.
ACCRUAL The total amount of child support payments
that are owed or that are late.
ACCUSATION A formal charge against a person.

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ACCUSED The person that is charged with a crime and

has to go to criminal court. (See DEFENDANT).

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ACKNOWLEDGMENT - Saying, testifying, or assuring

that something is true.

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ACKNOWLEDGMENT OF SATISFACTION OF
JUDGMENT A court form that the person who wins the
case must fill out, sign, and file with the court when the
judgment is fully paid. If there are no liens, the back of the
Notice of Entry of Judgment can be signed and filed with
the court (See JUDGMENT CREDITOR, JUDGMENT.)

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ACQUIT To legally find the innocence of a person

charged with a crime. To set free, release or discharge from
an obligation, burden or accusation. To find a defendant not
guilty in a criminal trial.

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ACQUITTAL - When a judge or jury finds that the person

on trial is not guilty.

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ACTION - In court, when one person sues someone else to,

defend or enforce a right, stop something bad from
happening or fix something, or punish them for a crime.

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ACTION IN PERSONAM Proceeding against the

person for the recovery of a specific object, usually an item
of personal property such as an automobile.
ACTION IN REM Proceeding against the thing as
compared to personal actions (in personam). Usually a
proceeding where property is involved.
Legal Glossary
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ACTIVE STATUS A case that is in court but is not

settled or decided has active status. (See DISPOSITION,
PENDING.)

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ACTUAL LOSS This is a showing that the plaintiff or

injured party has undergone some loss of property or other
thing of value by reason of fraud, forgery, or other illegal
action. For the crime of forgery the existence of a specific
intent to defraud is an essential element; however, there is
no requirement of actual loss to complete the crime.

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AD LITEM Comes from Latin meaning for the purposes

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.

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ADD-ON Refers to an additional matter that is added to a

specific calendar at a time after the initial preparation of the
calendar.
ADDENDUM - A thing added or to be added.
ADDICTION A person who has become emotionally
dependent on the use of a drug and the effect is an
irresistible need to continue its use and has developed a
tolerance to the drug and requires larger stronger doses.

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ADDITUR - The power of a trial court to increase the

amount of an award of money to one party made by jury
verdict, as a condition of denial of motion for new trial. The
defendant must consent to the increased money award, the
plaintiff need not consent.

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ADHESION CONTRACTS Contract where one party

has no real choice as to its terms.

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ADJOURNMENT To put off a court hearing until

another time or place.

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ADJUDICATE When a judge hears and decides a case.

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ADJUDICATION The judges decision in a case or

action.

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Legal Glossary
K / 2/ 7

ADMIN PER SE Latin meaning,by itself, inherently.

Requires the Department of Motor Vehicles (DMV) to
automatically suspend or cancel the drivers license of a
driver whose blood alcohol content measures more than
.08%, or who refuses to take a test to measure his/her blood
alcohol level.
ADMINISTER (1) to manage; (2) taking a drug by
injection, inhalation, ingestion, or any other means, to the
body for that persons immediate needs.
ADMINISTRATIVE PROCEDURE The way an
executive government agency makes and enforces support
orders without going to court.
ADMINISTRATIVE REVIEW OR AR A review of
the welfare of a child in long-term foster care by a panel of
people selected by the state Department of Health & Human
Services (DHHS). The review is conducted at least once a
year, in place of a 6-month placement hearing by the Court.
The panel reviews a report from DHHS. The review is
open to the parents of the child, parents attorney and
childs attorney.

ADMINISTRATOR 1. Man who represents the estate of

a person who dies without a will. 2. A court official.

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ADMINISTRATRIX - Woman who represents the estate

of a person who dies without a will.

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ADMISSIBLE Pertinent and proper to be considered in

reaching a decision.

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ADMISSIBLE EVIDENCE Evidence that can be legally

and properly be used in court.

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ADMISSION Saying that certain facts are true. But not

saying you are guilty. (Compare with CONFESSION).

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ADMONISH To warn, advise, or scold.

ADMONITION Advice or caution by the court to the
jury respecting their duty or conduct as jurors, and the
purpose for which evidence may be considered.

Legal Glossary
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ADMONITION TO JURORS What the judge says to

the jury about what they must do and how they must
behave, what evidence they can use to make their decision
(called admissible evidence), and how they can use that
evidence to make a decision.

G + / / +

ADOPTION The way to make the relationship between a

parent and child legal when they are not related by blood.

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ADOPTIVE ADMISSION Action by a party that

communicates agreement with the statements of another
person.

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ADVERSARY SYSTEM The system of trial practice in

the United States and some other countries in which each of
the opposing (or adversary) parties has the opportunity to
present and establish opposing positions before the court.

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ADVERSE WITNESS A person called to testify for the

other side.

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AFFIANT A person who makes and signs an affidavit.

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AFFIDAVIT A written statement that someone swears to

under oath in front of someone that is legally authorized,
like a judge or notary public.

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AFFIRMATION When an appellate court says that the

lower courts decision was right.

9/ D+

AFFIRMATIVE DEFENSE When a defendant or

person responding to a civil case has a reason that would
make him or her not guilty or not at fault and gives the
court new evidence to prove that. The defense has to prove
what it says (called BURDEN OF PROOF). The defense
has to explain this defense in their ANSWER.

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AFFIRMED In appellate courts, it means that the

decision of the trial court is correct.

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AFTER ACQUIRED INTENT When the defendant did

not intend to commit a crime until after the crime had been
committed.

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AGENT Someone who has authority to act for another.

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Legal Glossary
K / 2/ 7

AGENCY One person acts for or represents another by

authority. In Traffic, the department issuing the citation.

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AGGRAVATION Circumstances that may be considered

as magnifying, or adding to, the degree of punishment.

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AGGRAVATED ARSON Aggravated Arson

Deliberately setting fire with specific intent to cause injury
or damage structures where defendant has been previously
convicted of arson, the damage exceeds $5m, or at least 5
residences were damaged.

K+ L8/ E/ 1 19 2/8

AGGRAVATED BATTERY Unlawful use of force

against another such as using a dangerous weapon.

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AGGRAVATED MAYHEM Causing permanent

disability or disfigurement with specific intent to cause the
injury and with extreme indifference to well-being of other
person.

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AGGRAVATED TRESPASS Unlawfully entering

property of another with specific intent to carry out prior
threat of serious bodily injury.

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AGGRAVATING FACTORS Any factors associated

with the commission of a crime which increases the
seriousness of the offense.

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AGGREGATE TERM The total length of imprisonment

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AGREED STATEMENT OF FACTS Statement of all

important facts, which all the parties agree is true and
correct, and which is submitted to a court for a decision.

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AGREEMENT When the people involved in a legal

dispute agree about something.

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AID AND ABET to help or assist, in committing a crime.

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AIDER AND ABETTOR One who has criminal intent

and assists another to commit a crime.

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ALLEGE To say, declare, or charge that something is

true even though it is not proved yet.

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ALLEGED Said to be true as described; a person who is

accused, but has not yet been tried in court.
ALLEGATION A statement or claim that is made and
has not been proved to be true or false.

Legal Glossary
K / 2/ 7

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ALLEGED FATHER A man who may be the father of

the child.

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ALIAS Known by another name; or means also known

as which A.K.A. is short for.

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ALIBI A defense claim that the accused was somewhere

else at the time a crime was committed.

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ALIMONY Money the court orders you to pay to a

spouse or ex-spouse. (See SPOUSAL SUPPORT).

/ G/ K/ +

ALLOCUTION Defendants statement to try to reduce

punishment.

K / I /

ALTERATION, FORGERY BY Adding, erasing, or

changing a document with the specific intent to cause it to
appear different from what it originally was intended to be
to cheat another person.

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ALTERNATIVE DISPUTE RESOLUTION (ADR)

Methods of resolving disputes without official court
proceedings. These methods include MEDIATION and
ARBITRATION.

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AMEND To add to or change a claim that has been filed

in court.

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AMENDMENT A change made by correction, addition,

or deletion.

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AMICUS CURIAE (A-MIKUS KURIE) Someone that

gives advice to the court about the law in a case, but is not
part of the case. Comes from the Latin for friend of the
court.

19 H +

ANNOTATION A case summary or commentary on the

law cases, statutes, and rules.

I K+ / /5

ANNUAL REVIEW Yearly judicial review.

ANNULMENT A legal action that says your marriage
was never legally valid because of unsound mind, incest,
bigamy, being too young to consent, fraud, force, or
physical incapacity.

ANONYMOUS When someones name is kept secret.

ANSWER A statement that a defendant writes to answer
a civil complaint and says what defense they will use.

Legal Glossary
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ANTICIPATORY BREACH When a person who is to

perform as set forth in a contract, clearly indicates to the
other party that he will not or cannot perform.

H / H G/

APPEAL When someone that loses at least part of a case

asks a higher court (called an APPELLATE COURT) to
review the decision and say if it is right. This is called to
appeal or to take an appeal. The person that appeals is
called the APPELLANT. The other person is called the
APPELLEE.

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APPEARANCE Going to court. Or a legal paper that

says you will participate in the court process.

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APPEARANCE PROGRESS REPORT (APR) A court

order for a report by the Department of Health and Human
Services (DHHS) on an issue requested by the court.

2+ 1/7 + ... 9
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APPELLANT Someone that APPEALS a courts

decision. (Compare with APPELLEE.)

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APPELLATE Having to do with appeals.

An
APPELLATE COURT can review a lower courts (called a
TRIAL COURT or superior court. Decision. For
example, California Court of Appeal reviews the decisions
of the superior courts.

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APPELLATE COURT A court that can review how the

law was used to decide a case in a lower court.

/ / + D/

APPELLATE JURISDICTION The appellate court has

the right to review and change the lower court decision.

+ + + + /

APPELLEE A person that answers an appeal in higher

court.

7 I+ M+ + J (I/ ) +

ARBITRATION When a person that isnt involved in the

case looks at the evidence, hears the arguments, and makes
a decision. (Compare with MEDIATION.)

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ARGUMENT Remarks made by an attorney to a judge or

jury on the facts of the case or on points of law.

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ARMING CLAUSE A conduct enhancement alleging

that defendant or an accomplice was armed.

/ I+ : & 19 F /

Legal Glossary
K / 2/ 7

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ARRAIGN Process where the person who is accused is

brought before the court to hear the criminal charge(s)
against him or her and to plead guilty, not guilty or no
contest.

+ /

ARRAIGNMENT When a person that is accused of

committing a crime is taken to court, told about the charges,
and asked to plead guilty or not guilty.

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ARREARAGE Child support that is overdue or unpaid.

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ARREST - The legal capture of a person who is charged

with a crime.

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ARREST OF JUDGMENT Postponing the result of a

judgment already entered.

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ARSON The malicious burning of someones own house

or of someone elses house, or of someones commercial or
industrial property.

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ASSAULT When someone tries or threatens to hurt

someone else. Can include violence, but is not battery. (See
BATTERY.)

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ASSAULT WITH A DEADLY WEAPON - When

someone tries to hurt someone and there is threat to do
bodily harm without justification by use of a weapon like a
gun or a knife.

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ASSESSMENT Additional charges added to a case.

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ASSIGNEE A person or business that is put in the place

of the original creditor, such as a collection agency. You
can assign your JUDGMENT to another person or business.

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ASSIGNMENT Choosing someone to do something.

Usually for: Cases when the court uses a calendar to give
(or assign cases to judges; Lawyers when lawyers are
chosen (or appointed) to represent juveniles, conservatees
or defendants; and Judges when judges are sent (or
assigned) to different courts to fill in while other judges
are on vacation, sick, etc., or to help with cases in a court.

17 . 9/ / /

ASSIGNMENT OF SUPPORT RIGHTS When a

person who gets public assistance agrees to give the state
any child support they get in the future. The person gets
money and other benefits from the state. So the state can
use part of the child support to pay for the cost of that
public assistance.

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Legal Glossary
K / 2/ 7

ASSIGNMENT ORDER A court order (made after a

MOTION that says a JUDGMENT DEBTOR must assign
certain rights to the JUDGMENT CREDITOR. Useful for
payments that the judgment debtor would usually get, like
rent from tenants, wages from the federal government, sales
commissions, royalties, a business's accounts receivable, or
installment payments on IOUs (also called "PROMISSORY
NOTES" or JUDGMENTS).

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ASSUMPTION OF RISK A defense to a lawsuit for

personal injury. The essence of the defense is that the
plaintiff assumed the known risk of whatever dangerous
condition caused the injury.

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AT ISSUE The time in a lawsuit when the complaining

party has stated his or her claim and the other side has
responded with a denial and the matter is ready to be tried.

I+ & 1 / I

AT ISSUE MEMORANDUM A legal paper filed in a

civil case that says the case is ready to go to trial.

L7 H 1 / 1

ATTACHMENT (1) Document attached to court papers

to give more information; (2) A way to collect judgment: by
getting a court order that says you can take a piece of
property.

ATTACHMENT FOR DEFAULTER A process by the

court for the arrest of a person other than a defendant. (See
ATTACHMENT, BENCH WARRANT.)
ATTEMPT An effort to do an act or commit a crime.

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ATTEST To witness, to affirm to be true or genuine, to

certify.

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ATTESTATION The act of witnessing something in

writing, at the request of a party.

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ATTORNEY Someone that is qualified to represent

clients in court and to give them legal advice. (See
COUNSEL).

KK & I/ K

ATTORNEY OF RECORD The lawyer whose name is

listed in a case record as representing someone in the case.

L/ / 9+ + L/ K

ATTORNEY-AT-LAW An advocate, counsel, or official

agent employed in preparing, managing, and trying cases in
the courts.

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Legal Glossary
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ATTORNEY-IN-FACT A private person (who is not

necessarily a lawyer) authorized by someone to act in his or
her place, either for some particular purpose, or for the
transaction of business in general. This authority is given in
writing, called a power of attorney.

+ & I I+ 19K & M7 K

AUDIT When records or accounts are looked at to check

that they are right and complete.

+ 2 K+ 2

AUTHENTICATE To give authority or legal

authenticity to a statute, record, or other written document.

& K+ & / /K /

AUTO TAMPERING The manipulation of an

automobile and its parts for a specific purpose.

K 19 (19 ) K+

AUTOMATED ADMINISTRATIVE ENFORCEMENT

OF INTERSTATE CASES (AEI) Part of the Personal
Responsibility and Work Opportunity Reconciliation Act
(PRWORA) that lets states find, put a lien on, and take
property from people in a different state who owe money.

) - 2+ I/ /+ 19/7+

AUTOMATED VOICE RESPONSE SYSTEM (AVR)

Phone system that gives information to people over the
phone.

/ 2 * H - 2 + +

AVERAGE ADULT PERSON A hypothetical person

who is used as an example of the entire community. This
hypothetical person represents the interests of all, including
persons religious and irreligious; persons of all nationalities,
all adult ages and all economic, educational and social
standings; persons with normal, healthy, average
contemporary attitudes, instincts and interests concerning
sex. (In the context of obscenity)

/+ - / + I+ G

0 J
/ J . K+ &17
. K+ K :K

.K

.19 L/ K M K+

.17 +

M/ "+ = K + K+" I
2 +K &9 K K+ &9 7 2
.M+ K 7K I7 =

./ /

/+ + / .
& /K I/ ;/ &/
/ + 9+ K &2+ ;
LK8 ;K ./K + &M7+ /
2/K / K /
.() H+ E ) .K

BACKLOG All the cases that havent been settled or

decided in the time the law says they should be.

9 K+ / + /

BAD FAITH Generally implies actual or constructive

fraud, or a design to mislead or deceive another.

& K+ G/ 17 K+

BAIL A security deposit (usually money) given to release

a defendant or witness from custody and to make sure that
they go to court when theyre supposed to.

E (G/ 17) + A// I K+

BAIL BOND A legal paper that you buy from a

bondsman and give to the court instead of bail. The
defendant signs it and is let go. But if they dont come to
court when theyre supposed to, they must pay the amount
of money on the bail bond.

Legal Glossary
K / 2/ 7

.I+ J7 M/ /

.* A/ K+ K+

/ / 9 IK & K+ & 5/
.H:/ /
/ HK L
& / K + /
&H:+ / / / 9/ /8+K ./
./ 9/ / 7

11

BAIL BONDSMAN Person who is responsible for

paying the bond for the defendants release from jail.

+ 7 GK+ / I+

BAIL EXONERATION When you get your bail back.

Or when a bail bondsman or insurance (surety) company
isnt responsible for your bail anymore.

K+ .+ - + K+ I+ )/+

BAIL FORFEITURE A court order to let the court keep

the bail deposit because the defendant didnt go to court
when they were supposed to.
BAILIFF Person who is in charge of security in the court.
Bailiffs are picked by sheriffs.

./ E /

K + K+ I/
.
M+ + 9/ - + 197
/ / / / I &//
.H:+
H/ GK+ /
.+ 1 M+ / I K ./

BAILMENTS A delivery of goods from one person to

another in trust for purpose of carrying out agreed upon
services.

+ K+ 7 * / )+ /7K

BAIL NOTICE A legal paper from the court that says the
court will make a WARRANT for arrest unless the
defendant goes to court or pays bail.

I+ / 9 1 / 9/

/ L+ 2 + K+ : 2/ L
.

8/ / 1 9 D /
.+ K+ &+ /

BAIL RECEIPT A written statement that the court gives

a defendant that says bail was paid.

/ / 17/ + H G/

BAIL REVIEW A hearing established to re-evaluate the

bail amount that was originally set for the accused.

17 + /

BALLARD MOTION A motion for psychiatric

examination of prosecutors witnesses (victims).

)7+ 7 )/ - 79

BANK LEVY Way to enforce a decision against

someone who owes money. The money is taken from their
checking or savings account at a bank, savings and loan, or
credit union.

I I+

.7 + I+ /

. + 7 M+ +

.(+)

&9 2 )/ :/ G/+ +
.+ 7+ 0 K+ & K+ & K+

BANKRUPT The state or condition of a person who is

unable to pay his or her debts when they are due.

97 I + + K+ + ;

BANKRUPTCY The legal way for a business or person

to get help when they cant pay the money they owe. In
bankruptcy court, they can get rid of debts by paying part of
what they owe. There are special bankruptcy judges at these
hearings.

I K+ 1 K ;+

BAR All of the lawyers qualified to practice law. For

example, a state bar includes all of the lawyers qualified to
practice law in that state.

Legal Glossary
K / 2/ 7

.+ 7 7

;+ 8 .+ 7 7
. ) 7 7 I/
.2/ J A 1 F
.I+ K/ + +
+ + + &
. I+ K/

12

BAR EXAMINATION A state examination that is taken

in order to be admitted and licensed to practice law.

K G I+ + I+
K/ 5 / J: I+ +
.I+

BASE TERM A term of imprisonment selected by the

court according to the Determinate Sentencing Law.

I K + J9 / 7+ 1 7+ 1

BATTERED CHILD SYNDROME (B.C.S.) Physical

condition of a child where external or internal injuries result
from acts committed by a parent or custodian.

K+ M K K K+ 0 L/ >/+

BATTERY Illegal beating or physical violence or control

of a person without their permission. (Compare with
ASSAULT.)

K+ &M K+ &AK 0 0 M+

BATTERY, SPOUSAL An offensive touching or use of

force on a spouse without the spouses consent. See
BATTERY.

G+ K+ &8 + -0 K+ M+

.7+ +

/ 0 K K+ >
. +K+ &/+

(/)/+ 0 I9) . I8/ IK7 1

+ ./ IK7 + 4K+ K+ + 1
.0 M+

BEAGLE MOTION A request to exclude any reference

of the defendants prior conviction to the jury.

/ 8 -

BEHAVIOR INTERVENTION PLAN Plan made by a

local educational agency (LEA) as part of an individualized
education program (IEP), to change the behavior of students
who harm themselves, assault others, or are destructive.

K F/ + +

.+ H+ + 19+ K+

0/ F &7 M ) &
K+ &/ IK K+ & L8+ I /
.+K+ /

BENCH (1) the desk where a judge sits in court; (2)

Judges in general, or a specific judge.

(2) '/ + + (1) - +

BENCH CONFERENCE A meeting either on or off the

record at the judges bench between the judge, counsel, and
sometimes the defendant, out of the hearing of the jury.

K+ IK &A/ - + GK/ K+ 9K

.7 K+ /

9+K + &+ K IK
./ A IK7K & H+ + /K

BENCH TRIAL Trial without a jury. The judge decides

the case.

/ 9 -

BENCH WARRANT An order given by the judge (or

bench) to arrest a person who didnt do what the court
ordered. For example, didnt go to court when they were
supposed to. (See WARRANT, WRIT).

/ 97 + +

BENEFICIARY Someone who gets something from a

trust.

M+ + + K+ +

Legal Glossary
K / 2/ 7

. 7K IK

I / / I .+ +
K+ & &9/ 1 :/) . I+ K
( 1 '

.+

13

BENEFIT OF THE BARGAIN RULE Rule which

provides that a person may recover the difference between
the actual value of the property and the value that was
represented.
BEQUEATH To leave someone something in a will.
BEQUESTS What you leave someone in a will.

A+ M+ G I K+ H 1
.A+ +K + + E+ 7/7

.K F 39
. K 9

BEST EVIDENCE Primary proof; the best proof

available. For example, an original letter is best evidence,
and a photocopy is secondary evidence.

+ & .7 2+ + &K+ 7 K+

BEYOND A REASONABLE DOUBT The burden of

proof in a criminal case requiring that the jury be convinced
that every element of a crime has been proven by the
prosecution.

2+ ) G

+ 19 I+ &"K+ " 0
." "

+ I + A+
.)7+ +

BIAS A pre-conceived opinion or a predisposition to

decide a cause or an issue a certain way.

8+ K+ :/

BIFURCATE To try issues separately, such as guilt and

criminal responsibility in a criminal proceeding or liability
and damages in a civil action.

&1/+ / ? A K+

BIFURCATION MOTION A request to change the

order in which issues are heard at trial.

/ ? A +

BILL OF PARTICULARS A statement of the details of

the charge made against the defendant.

+ H+ I 2 I

. 7 9/+

&2+ + K+K +
. 9/+ K + K+K

./

. +

BIND To make yourself or someone else legally

responsible for something.

K /* K+ &

BIND OVER A judges decision before a trial that says

there is enough evidence for a trial.

7/ 7K / + J 9/ H

BLOOD-ALCOHOL CONTENT (BAC) The

measurement in grams of alcohol per 100 milliliters of
blood or grams of alcohol per 210 liters of breath.

100 H/ G+ ; - H+ G/

./ 210 H/ K+ &H+

BLOOD TEST Testing someones blood sample to: (1)

see how much of a certain chemical is in the blood, (2) see
who is the parent of a child.

(1) :+ H7 )/+ - H7

BODY ATTACHMENT A written order issued by a

court directing a peace officer to take custody of someone
and bring them before the court: 1) A witness who fails to
comply with a subpoena, 2) a party who fails to comply
with a court order in a civil action, or 3) a material witness
in a criminal case.

+ / + +

Legal Glossary
K / 2/ 7

.1 2 (2) .17 17 7K

(1) : &/ H+ J9/K

&+ H+ K &9+ 1 /
(3) & 9/ H A/ D (2)
. +

14

BONA FIDE Sincere, real without fraud or deceit. Comes

from the Latin in good faith.
BOND A certificate or evidence of a debt.

) . K+ G+ IK &E7 -
(+
.7 7 K+ 17 7

BOOK (BOOKING) What the police do when they

arrest someone. Includes taking fingerprints, photographs,
and writing down personal information about the person.

+ + H (+)

BOOKING NUMBER The number assigned to the

criminal record that corresponds to the persons arrest.

M+ / + 9

BOOKMAKING Collecting the bets of others or making

odds on future gambling events.

2+ K+ 2/+ 2/+

BRADY MOTION A motion made by defense when

they believe the District Attorney has not turned over
exculpatory and material evidence.

)7+ I+ A+ M

BRANDISHING A WEAPON Showing a weapon to

another person, typically the police or the victim.

K+ / K 5+ 9+ - 5 7

BREACH The breaking or violating of a law, right,

obligation, or duty either by doing an act or failing to do an
act.

& F/ & / K+ I - I E

BREACH OF PEACE Every person who unlawfully

fights in a public place or willfully and maliciously disturbs
another person by loud and unreasonable noise, or in a
public place, says offensive words to one or more persons
which are likely to start an immediate violent reaction.

H I M+ - G+

KK &9/K 2+ + 8 K &
. 2

. 9 2

.+ + 7+

.+ +

K+ & H/ 8 I )/ & / K+ H/ G+
. 7 /

7/9+ G K 3 K+ &K
K+ &+ 4:+ K+ * 4:+ ) K
179 8 =+ K+ H L
.9

BREAKING AND ENTERING Going into someones

house at night with intent to commit a felony.

* - H+K

BREATHALYZER TEST Testing someones breath to

see how much alcohol is in their blood.

G+ + )/+ +

BRIBE A gift, not necessarily of monetary value, given

to influence the conduct of the receiver.

7 I I+ 19K 19

BRIEF A written statement that each side gives the court

to say why the court should decide that they are right.

&?K K IK K

BURDEN OF PROOF When one person in the case has

to prove more than the other person.

I+ & & 2+ )

Legal Glossary
K / 2/ 7

.H 09+ +

.H/ 17+

. /8 /: &+ / /

.+ + +

15

BURGLARY When someone unlawfully breaks into or

enters a building or home, and they intend to or do commit
a theft or other serious crime.
BYSTANDERS A chance onlooker; one who has no
concern with the business being conducted.
CALENDAR A list, in alphabetical order, of all the cases
in each courtroom every day. To calendar something
means to give a day, time, and courtroom to a case.
CALIFORNIA RULES OF COURT The rules for
practices and procedures in Californias state courts.

&K & K
.1 09+ K+ K+ 19
I I+ IK7 / /K+9 - I+
.3 H/ M/
+ &M+ (+) GK
KK H K+ (/) .+ +
.+ K +
K + + 9 /
. /)/+K I+ K/ 9

CALJIC California Jury Instructions, Criminal.

.+ + 9 + 2

CALLING THE DOCKET The public calling of the

docket or list of causes at the beginning of court, for setting
a time for trial or entering orders.

K+ GK+ 1/7/ + GK 1/7+

CAPACITY The person with the ability to perform under

his or her will.
CAPITAL CASE A criminal case where the defendant
can get the death penalty.
CAPITAL CRIME A crime punishable by death.

K+ + K + / +
.G+
. H / 19 K+ + 19
+ I+ - L+ +
.2
.2+ - L++

CAPITAL OFFENSE A crime that you can get the death

penalty for committing.

.2+ I I+ -+ )/+

CAPITAL PUNISHMENT Punishment by death. (See

DEATH PENALTY.)

. (H/+ +) 2 + L+ +

CAPTION What is written at the top of all papers (called

pleadings) given to the court. It says things like case
name, court, and case number.

+ ("I" ) E/9K+ + - I/

CARJACKING Taking a motor vehicle that belongs to

someone else against his will, by means of force or fear.

* 19 + - 19

CASE A lawsuit. Or a complaint filed in criminal, traffic,

or civil court.

&2 / L . L7 -

CASE FILE The folder that has official court papers for a
case.

+ E/9K+ M M+ + /

CASEFLOW MANAGEMENT How a case is managed

from the first paper filed to the final decision.

/ 9K GK+ + 9/ +

Legal Glossary
K / 2/ 7

9K &+ &+ + & /)/ .&

.+

.+K 1+

. K+ &

.+ 9/+

16

CASE ID Identification number given to case by the

court.

. + M+ + - +

CASE LAW Law made by earlier decisions in similar

cases.

2/9/ I - /+ H/L+ I

CASELOAD The number of cases a judge has in a

specific time.

K + + 7 + 9/

CASE NUMBER The number that identifies a case. This

number is on all papers filed in the case. Also called case
ID. Also called DOCKET NUMBER.

9 + / . G M+ + + 9

CAUSATION The act which causes something else to

happen.

.* 3K / + - /

CAUSE A lawsuit, litigation, or action.

. )// K+ &1 & L7 - D

.7

K "+ " + K &+ E/9K+

"+ "

CAUSE OF ACTION The charges that make up the case

or lawsuit. (See COUNTS).

I :+) .1+ K+ / + + L7

CAUSTIC CHEMICALS Corrosive acid or flammable

substance.

.G+ 17 K+ * K 2K

CAUTIONARY INSTRUCTIONS When the judge tells

the jury to consider certain evidence only for a specific
purpose.

+ + 2

CAVEAT A warning; a note of caution.

.(L7

.7 2+ 9+
. &

CAVEAT EMPTOR A theory that says you buy things

at your own risk. Comes from the Latin for let the buyer
beware.

)+ M I+ I+ G M9+ ;

CEASE AND DESIST ORDER An order of an

administrative agency or court prohibiting a person or
business from doing something.

&+ K+ &9/7/ + +K +

CERTIFICATE OF PROBABLE CAUSE An order

signed by the court granting a defendant the right to appeal
from a plea of guilty.

+ + K K+ & 17

CERTIFICATION A judges order to move a criminal

case to another court in a different county.

&L+ / / + 9/

CERTIFIED Saying that something is true or an exact

reproduction.
CERTIFIED COPY An official copy of a paper from a
case file that is marked as being true, complete, and a real
copy of the original legal case.

Legal Glossary
K / 2/ 7

.+ ./ K

. K+

. /+ D/ / /

.L+
.+ 19 + K+ + I+ G

- E

& K 9 19 - 19
.+ 19K & & +

17

CERTIORI Appeal to U.S. Supreme Court.

1+ 2+ / D+ - L+
.+

CHAIN OF CUSTODY A method to track the

whereabouts of evidence from the moment it is received in
custody until it is offered in court.

&7+ 7K I 7+

CHALLENGE Someones right to object to or fight

something in a legal case.

K K+ >/+ / -

CHALLENGE FOR CAUSE Reasons that a lawyer

gives for removing a juror or judge from a case. (Compare
with PEREMPTORY CHALLENGE.)

7 + 0+ +

CHALLENGE TO THE ARRAY Questioning the

qualifications of an entire jury panel, usually on the ground
of partiality or some fault in the process of summoning the
panel.

+ 2 + + GK +

CHAMBERS A judges private office.

K / + / /
.+

+0 I9) .L7 + 7 K+ &+

.(+

7K K+ &:+ 7K ;+ 17 &+ GK
.+ )+ +
.=+ +

CHANGE OF VENUE When a civil or criminal case is

moved from one court jurisdiction to another. (See
VENUE).

+ K+ 1/+ L+ - + I

CHARACTER EVIDENCE Evidence pertaining to

whether a criminal defendant is a good or bad person.

)/ &/ K 1 7+ K+

CHARGE In criminal law, each thing the defendant is

accused of. (See COUNT).

:+) .+ M+ &2+ I -

CHARGE TO THE JURY The judges instructions to

the jury concerning the law that applies to the facts of the
case on trial.

/ + 2 - + / 2

CHARGING DOCUMENT A written accusation saying

a defendant has committed an offense. Includes a citation,
an indictment, information, and statement of charges.

9/ + I+ 0 H+ - H+ K

CHATTEL A piece of personal property.

.L+ K+ 1/7 + () + +

. K+

.(+ 1

K M+ I+ +
./

K+ &9/ &H+ &L7 1 + .

. I
& &+ G/+ + ) 2
(. K+ + 2//K

CHIEF JUDGE Presiding or Administrative Judge in a

court.

. K+ ;+ M+ + + 9

CHILD ABUSE Hurting a child physically, sexually or

emotionally.

. K+ & & K )/8+ - 7K+ / 1)+

CHILD ABDUCTION The offense of taking away a

child by deceit and persuasion, or by violence.

A+ 1 K+ K + - 7K+

Legal Glossary
K / 2/ 7

.1+ K+ &A7+

18

CHILD MOLESTATION Any form of indecent or

sexual activity on, involving, or surrounding a child under
the age of 18.

K+ ? M+ - 7K <+

CHILD PORNOGRAPHY Any obscene material that

depicts a person under the age of 18 years personally
engaging in or personally simulating sexual conduct.

9 7/ + - 7K/ /

CHILD PROCUREMENT Intentionally giving,

transporting, providing, or making available or offering to
give, transport, provide, or make available a child under the
age of 16 for the purpose of any lewd or lascivious act.
Also causing, inducing, or persuading a child under the age
of 16 to engage in any lewd or lascivious act with another
person.

.J9 K+ & + K

H K D K+ / +
.
K / H/ - 7K+ 197 +7/+
K+ &/J7/ K+ &/ K+ & 7+ K+
&/J7/ K+ &/ K+ &/
& K+ K )/+ .19+ K+ )+ >
/7 K+ / K+ & 7+
. + K+ &*

CHILD SUPPORT Money paid by a parent to help

support a child or children.

K+ K /+ + G/ /

CHILD SUPPORT ENFORCEMENT (CSE) AGENCY

- Agency that exists in every state to find parents that dont
have custody. (called noncustodial parents, or NCPs).
Or to find a person assumed to be the father of the child
(Putative father or PF). Also, makes, enforces, and
changes child support. Collects and gives out child support
money.

K 17 + I

CIRCUMSTANTIAL EVIDENCE All evidence that is

indirect. Testimony not based on actual personal knowledge
or observation of the facts in dispute.
CITATION A COURT ORDER or SUMMONS that tells
a defendant what the charges are. Also tells the defendant to
go to court and/or post bail.

.+

I / // 7/ 1+ 2+
+ /K I I+ > 7/ K+ &+
K & & + J .+
.K K &+
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1 K+ 17
.A/+ K
+ )+ K+ + - L7 1
. A// K+/K &+ H+ G+ K &/

CITED When a defendant is not in custody, but has

signed a ticket promising to go to court on a certain day.

1 K K & /: -

CIVIL ACTION Noncriminal case in which one private

individual or business sues another to protect, enforce
private or civil rights.

K+ 7 - )//

CIVIL CASE A lawsuit to get property back, to force

someone to complete a contract, or to protect someones
civil rights.
CIVIL JURISDICTION A courts right or power to hear
noncriminal civil cases.

Legal Glossary
K / 2/ 7

. H + H+ G/ //K L7

. K+ E K+
&2 A L7
. E K+ &:/ I+
A + K + )+
.

19

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.

CIVIL PROCESS Court papers that tell the people in a

civil case that it has started. Or papers that try to force the
court to reach a judgment.
CIVIL RIGHTS VIOLATIONS Violations of the
personal, natural rights guaranteed and protected by the
Constitution.
CLAIM The statement of a right to money or property.

+ 2/)/+K + 2/)/+
& 2/ 8 & L7 D/K
2/)/+K &/ 19/7/K / /
.D+
+ . ;/ E/9K+ )//
. / / + H// K E/9K+ K+ .+
& & E M/ - E F/
.9+ K
.+ K+ G+ + )7/

CLAIM OF EXEMPTION A court paper filed by the

JUDGMENT DEBTOR that lists each piece of property that
the judgment debtor claims is an exempt asset under certain
provisions of the law and, therefore, cant be taken to pay
the JUDGMENT.

/8 H+ + 9K )/

CLAIM SPLITTING When you split up a civil claim

and file two lawsuits to stay below the limit of how much
money you can ask for. Not allowed in most cases.

K L7 . L7

CLASS ACTION A lawsuit brought by one or more

persons on behalf of a larger group.

+
) + K & 7
.+

. I+ M+ + 7+ /
.MK/ +
+ K+ 7 L7 / L7
.;/

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.

+ + 2+ ; - K /K

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.

K+ + 9 9 K+ + +9 K+ +9

CLERICAL ERROR An unintentional mistake, in

writing, which may be made by clerk, counsel, or court.
(See NUNC PRO TUNC.)
CLERK Officer of the court who files pleadi gs, motions,
judgments, etc., issues process, and keeps records of court
proceedings.
CLERKS TRANSCRIPT Those pleadings, minute
orders, affidavits, written opinions of the Court, trial
exhibits, etc., designated by the attorneys which have been
filed during the course of the litigation process are put
together with the appeal documents and collectively form
the Clerks Transcript.
Legal Glossary
K / 2/ 7

+ 7 M+ &9/7/ K +
.L/ + 0/ 2+

I+ K &/7/ K+ & & / +

.+ K+ /
: 97 7
. H+ & &
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./ IKK
)+ + - +
&+ 17+ &+ 2/9/ &2/9/+ : &+
.+ 2:+ / 2/+ &/ / )/9*
I D+ K E/9K+ J
.+

20

CLOSING ARGUMENT Counsels final statement to

the judge/and or jury after all parties have concluded their
presentation of evidence.

/ 9/ M+ + I+ + /+

CODE The law created by statutes. For example, the

California Code of Civil Procedure, California Civil Code,
California Vehicle Code, California Penal Code, and
California Health and Safety Code.

/ : &+ K I +K /

D/+ I+ + / K+/K +
./

/ // &9 + 2/)/+
/+ &9 2/9+/2+ / &9
/K + /K &9 /+
9

CODE OF PROFESSIONAL RESPONSIBILITY The

rules of conduct that govern the legal profession. The Code
contains general ethical guidelines and specific rules written
by the American Bar Association.

7 + F+ + + K+ /

CO-DEFENDANT In a criminal case, an individual

charged with involvement in the same crime as another.

F// + + - +

CODICIL (kodi-sil) A legal paper that adds to or

changes a will.

K K+ 9K K

COERCION Compulsion; constraint; compelling by

force or arms or threat.

.+ K+ 5/ K+ 1 &H9/ &9/ J//

COHABITANT One who lives with another.

H+ + + I+ .I+ K/
.+ + 17 /K

.*

.* +

COLLATERAL 1. Property that is pledged as security

against a debt. 2. A person belonging to the same ancestry
(a relation), but not in a direct line of descent.

(2) .7 = I (1) - '+

COLLATERAL ATTACK An attack on a judgment

other than a direct appeal to a higher court.

&+

COMBUSTIBLE MATERIAL OR DEVICE Capable

of blowing up; apt to catch fire; inflammable.

'9+ 197 - G : K+ 17

COMMISSIONER A person chosen by the court and

given the power to hear and make decisions in certain kinds
of legal matters.

+ K + >

COMMIT To do something, like to commit a crime,

or to put someone in a sheriffs custody. Or to use a court
order to send a person to jail.

K+ & - 'A7 '

COMMITMENT 1. The action of sending a person to a

prison or mental institution. 2. The order directing an officer
to take a person to a prison or mental institution.

K+ / A// (1) - A// + K+ A//

COMMITMENT ORDER A court order that says a

person must be kept in custody, usually in a jail or mental
institution.
Legal Glossary
K / 2/ 7

.1 / K8

. G/ D+

.G+K E/+

.+ + A/+ 2/9/ 8+

/ G9/ 9/ K+ &+ /
./

/ A/ / + (2) .
. K+
I+ I+ + - +
. K+ / 17 &/+

21

COMMON BARRATRY (also called BARRETRY)

Making a habit of starting fights or lawsuits. Starting
lawsuits without a good reason.

1/ 7+ LK7 9 K A// D/+

COMMON CARRIER Required by law to carry

passengers or freight without refusal if the fare is paid; in
contrast to a private or contract carrier.

0/ - H

.K IK MK/ 1+ .MK+ K A//

K / 1 K+ + 1+ I /
.+ K+ =+ + &/

COMMON LAW Laws that come from court decisions

and not from statutes (codes) or constitutions.

K 2/9/ + // H I

COMMUNITY OBLIGATIONS Debts that a husband

and wife owe together. In most cases, that includes
anything that you still owe on any debts either of you had
during the time you were living together as husband and
wife. For example, if you bought furniture on credit while
you were married and living together, the unpaid balance is
a part of your community obligations.

2+ .IK: F 7 -F 7

COMMUNITY PROPERTY Everything that a husband

and wife own together. In most cases that includes: (1)
Money or benefits like pensions and stock options that you
now have which either of you earned during the time you
were living together as husband and wife; and (2) Anything
either of you bought with money earned during that period.

.97 K+ +

7 K+ K+ + 7 M+
I IK: L/ /8+ : . I K+ I
. 7 A + )/ & 2K

.K+K 4K+ - G/+

K+ + / +K K G (1) :2+
K+ + J,/ + (2) 'K+ 1+ )+
.K+ 1+ G / G

COMMUNITY SERVICE Work performed as

punishment for a crime. It may also be performed instead of
a fine, or as a condition of probation.

K+ & L7 -

COMMUTATION The reduction of a sentence, such as

from death to life imprisonment.

/ H// + - +

COMPARATIVE FAULT Percentage of fault which is

assigned to any one party.

.D/+ + M+ +

COMPARATIVE NEGLIGENCE A legal doctrine by

which acts of the opposing parties are compared to
determine the liability of each party to the other for
negligent acts.

+ G/ 9 - I9 G+

COMPENSATORY DAMAGES Money that one person

must pay another to cover the cost of a wrong or injury.
(See DAMAGES).

/ 7 G 2

COMPETENCE ORDER An order from a superior

court that says that a defendant is mentally able to go to
trial. Tells the trial court to go ahead with the criminal case.

I+ 97 + +

COMPETENCY The ability for a person to understand

and communicate, especially with regard to standing trial
and assisting counsel in his or her defense.

Legal Glossary
K / 2/ 7

.9+ 1 ? K+ &/

.1+ L

+ J+ K :+
.G+ +

.+ K+ 1) *

L + I+ G . /
.+
&/+K + + 19 /+
K &+ H+
. K+ /+

22

COMPLAINANT Person who wants to start a court case

against another person. In a civil case, the complainant is
the PLAINTIFF. In a criminal case, the complainant is the
state.
COMPLAINT The legal document that usually begins a
civil lawsuit and is also used to start a criminal case. Says
what the plaintiff thinks the defendant did and asks the
court for help. Also called the initial pleading or
petition.
COMPLY To act in accordance with, to accept, to obey.

L7 9 + - + K+ +
+ .* +
.(+) K+ + + .+
K+ + + + + - L
1+ K &+ + .
.";/" K+ " I" + K .+

.K &

COMPOSITE DRAWING A picture of an alleged

criminal created by a professional police artist using verbal
descriptions given by the victim or a witness.

I &H H 19

CONCEALMENT Withholding of something which one

knows and which one, in duty, is bound to reveal.

/K & 2 F+ )//

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. Similar to
mediation, but it may be less formal.

D / / D/+ A/

CONCURRENT JURISDICTION The territory of two

or more courts, that are each authorized to deal with the
same subject matter.
CONCURRENT PLANNING Refers to the legal
requirement in dependency cases that reunification services
be provided at the same time an alternative plan is
developed (e.g., adoption , guardianship) if needed.

. K+ + DK+ ) &+

. /+ +

K &/+ K &H:+ GK &M7

K + / . G 7/
.+ +
K+ K
+ / + K &+
./8
2 / F
+ K &+ 2 H +
.+ H /8/ (K K+

&) K

CONCURRENT SENTENCES Sentences you can serve

at the same time. For example, if you have concurrent
sentences of 10 years and 5 years, you must serve a total of
10 years. (Compare with CONCURRENT SENTENCES).

./K K I+ H+ H+

CONCURRING CAUSES Acting contemporaneously

and together causing injury, which would not have resulted
in absence of either.

L8+ &/K K K I 0+

CONDEMNATION The legal process by which the

government takes private land for public use, paying the
owners a fair price. (See EMINENT DOMAIN.)

+ )// >9+ A

CONDITIONS Certain things that someone has to do, or

not do, to be released.

K+ & I+ + )+ ?K

Legal Glossary
K / 2/ 7

2/ 1 1/K & /8+ :

I+ K 2+ &2/ L/K &
.2/ /

./ 0 I+ + I

.7 K &H+ G 9/
.(H+ )+ :/)

. 4 &

23

CONDITIONAL RELEASE Freedom from custody

which regulates the activities and associations of the
defendant. If a defendant fails to meet the conditions, the
release is cancelled.
CONDUCT ENHANCEMENTS - A kind of punishmentenhancing allegation (such as the arming clause of Penal
Code section 12022) that relates to the nature of the offense
at the time the crime was committed.

+ F M+ )/ ?K 4/+
. 4/+ ?K + /8/ .9K

+ A + F
M/ (12022 9 + I+ + ) +
.+ 9/ /

CONFESSION When someone admits out loud or in

writing that they committed a certain kind of crime.
(Compare with ADMISSION).

/ K+ G D/+

CONFESSION OF JUDGMENT The act of a debtor in

a written statement that permits judgment to be entered
against him by his creditor, without legal proceedings.

/7 + I 9/+

CONFIDENTIAL A file or record that is not available

for public viewing. Authorized viewing allowed only in
statute and/or court policy. Files and records are identified
and receive special handling.

. A+ K+ - M

CONFIDENTIAL RECORD Information in a court case

that is not available to the public.

. 1 + L 2 M I

CONFIDENTIALITY Treated as private and not for

publication.

. K

CONFISCATE To seize or take private property for

public use (the police took the weapon).

/) H G = + - 97

CONFLICT OF INTEREST When you have two

different interests at the same time. For example, a lawyer
who represents two sides at the same time cant be fair.

./K K / 09

.(9// 0 I9) . 9/

. 2/)// IK //

. K+ I A+
: IK &= 2/K 2+ J
."M"

(5

I+ /K K M+ + :
.7 I

CONFORM COPIES To make copies identical to an

original; e.g., copies with duplicate signatures, duplicate
dates.

& - +

CONFRONTATION RIGHT Defendants right to be

face-to-face with the witnesses against him or her. It
generally includes the right to ask questions and object, and
to have witnesses testify in person.

J 7 K I I+ + /+
I+K &>/+K + 5 + . K+

CONSANGUINITY COLLATERAL The relationship

that exists between persons who have the same ancestors,
but who do not descend, or ascend, one from the other; as
between uncle and nephew.

9 K + 9 =+

Legal Glossary
K / 2/ 7

. 9/ K /

. 17 7+
17 / 1 / H+
.1+ )+K H+ / &+ /+

24

CONSANGUINITY LINEAL The relationship that

exists persons of whom one is descended in a direct line
from the other, as between son, father, grandfather, and so
upwards in the direct ascending line; or between son,
grandson, great-grandson, and so downwards in the direct
descending line.
CONSECUTIVE SENTENCES Successive sentences,
one beginning at the end of another, imposed against a
person convicted of two or more violations.
CONSERVATEE Someone who cant take care of
themselves and has a caretaker (called the
CONSERVATOR) who the court picked.
CONSERVATOR Someone picked by the court to either
take care of someone who cant take care of themselves
(called a CONSERVATEE) or take care of that persons
property , or both.

=+ 17 / 1 / H+
+ G& + // 9
8 /K &+ +K +K 0+K
/K &+ +K +K + : K+ & M
.7 : 8
H K 2 - H+
&M+ .L+ L 1/+ &+ K+
.L+ +
K & + +
+ K) H +
.(+ K+
+ +K+ +
K+ &( + ) +
. H K+ &+ 8 2

CONSERVATORSHIP A court proceeding where a

judge picks someone (a conservator) to take care of an
adults personal needs and/or his or her finances. For
minors, see GUARDIANSHIP.

+ 2/)/+ - ;9 K+

CONSENT A written agreement to obey a decision or

deal.

.I I8 / - //G

CONSIDERATION The cause, price, or impelling

influence which makes a party enter into a contract.

. & & 9+

CONSOLIDATION OF ACTIONS When at least two

cases that involve the same people are grouped together.

&+ & + LK+

.+ J9 K+/K I / 9
.K :+

I:+ I &1/K
.=+

CONSORTIUM, LOSS OF Unable to have a sexual

relationship between a husband and a wife.

H+ 19+ H K+ + I/

CONSPIRACY Where two or more persons intentionally

agree to commit crime and do an act towards committing
the crime.

09 H+ + K+ I - 1/

CONSTRUCTIVE POSSESSION Where a person does

not actually possess a thing, but knowingly has control over
it.

K I - 1) 1:

CONSTITUTION The central law of our country that

sets up the creation, character, and organization of its power
and how that power is exercised. The rule, principles,
descriptions of the governments power, and the main rights
that the people of a country or state have.

&K &K &A M+ + I+ 97

Legal Glossary
K / 2/ 7

.K+K 4K/ +

.9/ IK

. 1 J I+ D

+ / +K /K &9 K /
.+ K+ + + 7/+ EK &//K

25

CONSTITUTIONAL RIGHT A right guaranteed by the

U. S. Constitution, interpreted by the federal courts; also, a
right guaranteed by some other constitution (such as a state
constitution).
CONTEMNOR One who has committed contempt of
court.
CONTEMPORARY COMMUNITY STANDARD
What is, objectively acceptable to the community as a
whole. Ascertainment of the standard must be based upon
an objective determination of what is unacceptable to the
community as a whole. Your own personal, social, or moral
views on the material involved in the case may not be
considered.

JK 1+ 2+ 97 M97
9 &* 97 M/ + '7+
.K
.+ /K+ + I
G - / + ;
;+ / .
&+ +9 . + G
+ A G + K+ &+
.

CONTEMPT (OF COURT) Disobeying a court order.

Punishment can be a fine or jail.

K+ / .+ H I + I

CONTINUANCE Putting off a court case to a later date.

(See ADJOURNMENT).

.* 9 / + 9/

CONTINUING EXCLUSIVE JURISDICTION

Theory that only one support order should be valid between

the same people at a time. And when a court hears a child
support case, it can add to and change that order. The court
of continuing exclusive jurisdiction has control over a
support case until another court takes it away. This is
defined in the Uniform Interstate Family Support Act
(UIFSA).

I+ / + + = I

.(+ 9 :+)

G+ M9 /K + + F I
&K + L7 / K .=+
=+ + I/ .9/+ K I+
I+ / + 8/ +
I H : )+ / 7 .+ L+
.2+ + +

CONTRACT (1) an agreement between two or more

people to do or not to do a particular thing; (2) an
agreement between two or more people that makes,
changes, or ends a legal relationship.

H K+ + K+ / (1)

CONTRIBUTORY NEGLIGENCE A legal doctrine

that says if the plaintiff in a civil action for negligence also
was negligent, in any way, he or she cannot recover
damages from the defendant for the defendants negligence.

+ /8+ G M+ + ++ K+ G+

+ K+ + (2) .
./ K+ & &

K+ & M+ &G+ +
.+ G+ + 7 I+

CONTROLLED SUBSTANCES Any drug identified by

law whose availability is restricted. Unless otherwise
specified, a drug, substance, or immediate precursor which
is listed in any schedule in Health & Safety Code sections
11054, 11055, 11056, 11057 or 11058.

.J/ I+ )/K7 M+ 19

CONVERSION The wrongful assumption of ownership

over the goods or personal property belonging to another.

&* G/+ K+ + ;+ K+ 0+

CONVEY (1) to give the title to property to someone

else. (2) To make known or communicate.

K+ (2) .* / 9 (1) -

Legal Glossary
K / 2/ 7

19+ + 7/+ K+ &7/+ &+ &8

&11054 :9 +K + I / /
.11058 K+ &11057 &11056 &11055

.2

26

CONVICT (1) A person who has been found guilty of a

crime and is serving a sentence for that crime; a prison
inmate. (2) To find a person guilty of an offense by either a
trial or a plea of guilty.

+ 1 K (1) I/
H /7/ (2) .+ : '.+
. D/+ K+ +

CONVICTION When a judge or jury finds a criminal

defendant guilty.

+ I+ + K+ + 9 ' /7/

CORONER Public official charged to inquire into the

causes and circumstances of any death which occurs
through violence or suddenly (suspicious causes).

GK H 9 2+ 0+

CORPORATION A group of persons who get a charter

granting them as a body certain legal powers, rights,
privileges, and liabilities as an individual.
CORPUS DELECTI 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
remains 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 the occurrence of a
specific injury or loss and a criminal act was the source of
that particular injury or loss.

. )/ K+ 2 M+ DKK 0+ +
( 0+)
1)/ =+ -
2KK &2/:+K &EK & 2
./K 7
I+ M+ + 2+ +
K+ &+ / + .9/
H .K+ 5+ K &EK
AK I+ + K+ // +
9 I // I+ K 17 19 K+ +
.19+ K+ +

CORROBORATE To support with evidence or

authority; make more certain.

. &8 9 2 K+ I :

CORROBORATING EVIDENCE Supplementary

evidence that tends to strengthen or confirm the initial
evidence.

L+ 2 1 K+ 1: 7

CORROBORATION Confirmation or support of a

witness statement or other fact.

.L+ K+ I 7 K+ 1

CORRUPTLY Dishonestly.
COSTS (1) Fees and charges that a party pays to file and
present a court case or to enforce a judgment; (2) money
won in a civil suit to pay for expenses.

.+ IK - 7
E/9K+ D K H9 (1) - 9
9 (2) . K+ + / 9K
.9+

COUNSEL One or more lawyers who represent a client.

Also, legal advice. (See ATTORNEY).

. I+ K+ 9+ K+ 9

COUNSEL TABLE The physical location where the

defense and prosecuting parties are seated during the trial.

)7+ - 9+ + K

COUNT Each separate charge (or statement) in a criminal

case. (See CHARGE).

:+) I K+ H/ / 1

Legal Glossary
K / 2/ 7

( :+) . 19+ +

.+ G + A+K

.(

27

COUNTERCLAIM An independent charge by one side

in a case (either the plaintiff or defendant) that goes against
the claim made by the other side.

L7 + + H/ 177
9 ( / H+ + )/)
.+

COUNTERFEIT To forge, to copy or imitate, without

authority or right, and with the purpose to deceive by
passing off the copy as genuine.

& K+ IK & K+ & K

COUNTY JAIL A building or structure used to put

alleged criminals and/or convicted criminals of local area
crimes.

. / + K+ +

COURT A judge or group of judges whose job is to hear

cases and carry out justice. (See BENCH.)

+ 1 K+

COURT APPOINTED SPECIAL ADVOCATES

(CASA) - These are volunteers who represent abused and
neglected children.

I - + I I I

COURT ATTENDANT Provide courtroom support in

selected courtrooms by performing limited security-related
and clerical duties and serving as the court liaison for juries,
witnesses, attorneys and the public.

&+ 2 + +

COURT ADMINISTRATOR/CLERK OF COURT An

officer appointed by the Court or elected to oversee the
administrative, non-judicial activities of the court.

+ + + /+ IK

COURT APPOINTED COUNSEL A defense attorney

assigned by the court to represent a defendant who cannot
afford to hire an attorney.
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 costs.

.+ + I+ A I+ DK

(+ :+) ./+ K

. / I 7K+ I/

9+ &7+ &+ K 1 IK
.+ 9+K

.+ & +K 9/7+ 9+ / +
+ A7 + 9
. I+ M7+ /
K+ )7+ + + 9
D G+ .+ H9 &A+
9 7/7 (+ D+ ) /+
.+

COURT OF RECORD A court in which the proceedings

are recorded, transcribed, and maintained as permanent
records.

2/)/+ IK + + - 1+ K+ + +

COURT ORDER A decision made by a judicial officer

that gives someone certain rights or tells someone to do
something.

& K+ G 97 9/ +

COURT REPORTER Someone who writes down, word

for word, what is said in court. What is recorded is called a
TRANSCRIPT.

&+ G IK / IK

COURT TRIAL A trial without a jury. A judge decides

the case.

9 + .+ IK -

Legal Glossary
K / 2/ 7

./7 K &K &2+

. K+ &E+

. + .

.+

28

COURT, APPEALS In some states, the highest appellate

court, where it is the Courts decision whether to hear the
case.

D+ &2+ - D+

COURT, DISTRICT (1) Federal A trial court with

general Federal jurisdiction. (2) State Meaning varies
from state to state.

- /9 (1) +

COURT, JUVENILE A court having jurisdiction over

cases involving children under a specified age, usually 18.
Cases generally involve delinquent, dependent, and
neglected children.

I 3/+

COURT, NIGHT A specialized court that deals with

cases during the late evening and early morning hours.

. K+ + A 9/+ I &+

+ - K (2) ./9+ 7+
.L K

7K+ & + IK7 17 &3/+

.7/K &+ &+
+ + - +
1+ 2/ K+ )+ K
.5+

COURT, SUPERIOR Trial court; meaning varies from

state to state.

K &2/ + /

COURT, TRAFFIC A specialized court that hears

crimes dealing with traffic offenses.

+ + + +

COURTESY NOTICE A notice made by a computer

that is usually sent for traffic violations to tell a defendant
about a court date, bail, etc.

& / + 9+ M7K 9+

COURTROOM The section of a courthouse in which the

judge presides over the proceedings.

+ 2+ L/ +

COURTROOM CLERK Courtroom personnel who

attends court sessions and prepares record of court
proceedings in conformance with statutes, policies, and the
direction of a Judge; swears in witnesses and juries;
maintains exhibits offered in evidence.
CREDIBILITY The quality in a witness which makes his
or her testimony believable.
CREDIT Arrangement or understanding by the maker of
a check with the person/institution upon which the order is
drawn, for the payment of that check upon its presentation.

.L+ / K

.+ 2

./ & &+ 9

./ + ;+
K 2+ - +
2K &+K &/ K + 2/)//
2/ K &+ K 7/ K .+
.K+ +
. 7 + - /
K+ /K + K+ - 7/
.+ + I+ 0+ +

CRIME Something you do, or dont do, that breaks a

law. If you are found guilty, you can be punished by: death;
jail or prison; fine; being removed from office; being unable
to hold any office of honor, trust, or profit.

2K /8+ .I+ & K+ &

CRIMINAL Someone convicted of a felony or a

misdemeanor.

. K+ I// / - H

Legal Glossary
K / 2/ 7

'/ '/ K+ '2 :

K+ &D M+ K ' G
.9 K+ + +

29

CRIMINAL CASE A court case that starts because of a

crime.
CRIMINAL CONDUCT The nature of or involving a
crime.
CRIMINAL INSANITY Lack of mental ability to do or
keep from doing a particular act; not able to distinguish
right from wrong.
CRIMINAL NEGLIGENCE Act(s) which are
aggravated, reckless or flagrant and which depart from the
conduct of an ordinarily prudent, careful person under the
same circumstances as to be contrary to a proper regard for
human life or to constitute an indifference to the
consequences of those acts.
CRIMINAL RECORD (1) Arrest record. A written
account listing all the instances in which a person has been
arrested. (2) A form completed by a police officer when a
person is arrested.
CRIMINAL STREET GANG An ongoing organization,
association, or group of three or more persons, having as
one of its primary activities the commission of one or more
criminal acts, having a common name or common
identifying sign or symbol, and whose members
individually or collectively engage in or have engaged in a
pattern of criminal gang activity.

. + -
. ?9+ K+ + // F
K+ & / I
97 K & H+ 97
.+K 0/+ /
K+ &19K &/ G+ K+ G+
K &K M7 I/ F 4 +K
+ D I K &DK+
.G+ / 1 K+ &/ 1
37/+ .+ (1)
+ M+ 48+ (2) .+ K+ /
.
K+ &/7 2 A9/ 2
K+ K K+ & K+ H / + K+
. G+ K+ 09/ + & 9
G+ & K+ /7 &/9/ K+ I ,+
.2+

CRIMINAL SUMMONS An order commanding an

accused to appear in court.

.+ H+ G + )/

CROSS-CLAIM A claim filed by defendant(s) or

plaintiff(s) against each other.

+ K+ + M+ )7/

CROSS-EXAMINATION When the other sides lawyer

asks a witness questions in a hearing or trial.

.+ + 0// +

CUMULATIVE SENTENCES Sentences for two or

more crimes to run a consecutively, rather than
concurrently. (See CONCURRENT SENTENCES AND
CONSECUTIVE SENTENCES.)

H+ + K+ H/ 17 H+

CUSTODIAL PARENT The parent that has primary

care, custody, and control of the child(ren).

M+ /+ + - + M/ /+ +

CUSTODY (1) When someone is under the physical

control of the court to make sure they go to court when
theyre supposed to; (2) when the judge sends a person to
jail after they are found guilty of a crime; (3) the care and
control of children.

Legal Glossary
K / 2/ 7

.+

2 :+) ./K K 7 &

.( 2 K

. 11+K &+ K+ K K+ +
/ I+ 7K (1) - '
G9/+ (2) .>K+ + + I +
7K+ 9 (3) .+ /7/ / /
. 11+K

30

CUSTODY ORDER A court order that says who a child

will live with and who should make decisions about health
care, education, and other important things.
CUSTOM A usage or practice of the people, which, by
common adoption and acquiescence, has become
compulsory.
DAMAGES Money that the losing side must pay to the
winning side to make up for losses or injuries. There are
two kinds of damages: (1) compensatory, meaning money
to pay for the actual cost of an injury or loss; and (2)
punitive or exemplary, meaning an amount of money
thats more than the actual damages. This is a punishment
for willful or malicious acts.

+ + -
9+ /K &+K &+ 9 9 K &+
. L+
+ &;+ 9K 17 D
.// / &/K
K+ /+ D G - 2
(1) :9/+ I K .2/
9/+" K+ " 9/+" (2) K '+ K+ 19
19+ + G+ 8K "//
.1K 1 G )/ K+ 0 &+

DEADLY WEAPON Any weapon, instrument or object

that is capable of being used to inflict death or great bodily
injury.

G+ 19 > K+ &* K+ &5 M+ 5

DEATH PENALTY Death imposed by the state as

punishment for a serious crime. (See CAPITAL
PUNISHMENT.)

+ 97 2 H/+

DEATH ROW The area of a state or federal prison where

criminals who are sentenced to death are confined until their
sentence is commuted or carried out.

K+ + I - H/ + I

.2 3/+ K+ &1 /

.(L+ + :+) .1

2+ H+ + : 7+
.J K+ + /

DECEDENT In criminal law, it means a murder victim;

in probate law, it means a dead person.

/ I K & + I+ -

DECISION A courts judgment or decree that settles a

dispute. (See also DECREE, JUDGMENT.)

:+) ./ M+ H+ K+ + 9/

DECLARATION A statement that a person writes and

files with the court. It tells the judge why the person should
win the case. Sometimes, a person signs this under penalty
of perjury.

G &+ / K K I - I

DECLARATION OF PATERNITY Form signed by

unmarried parents, generally at the hospital, where the
parents declare who is the father of the child.

17 &IK+ I//+ 48 1 I

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.

K+ 9 5 M/

DECREE A court decision. It can be (1) interlocutory,

which means it is not a final decision, or (2) final, which
means all issues of the case are settled.

M+ "M" (1) I I+ & 9/ H

Legal Glossary
K / 2/ 7

. /

.( &H

+ .L+ I+ /8
.K+ +

. + 1 I//+ &/

.+ + IK7 + M+9

. L+ 9/ I+ &"" K+ &

31

DE FACTO PARENT A person found by the court to

have assumed, on a day-to-day basis, the role of parent,
sequential both the childs physical and psychological needs
for care and affection, and who has assumed that role for a
substantial period.

+ + + + H+ K+ 0+
19 &0+ K+ H+ 2K &
K &+K +K + + 2
.+ 1 + /

DE FACTO To exercise power in a juvenile dependency

case. Latin meaning from the fact.

+ /8 ;9 .+ +

DEFAMATION When one person hurts another persons

character, fame, or reputation by making false and
malicious statements that are not protected by law.

K K+ K 2+ / 1)+ -

DEFAULT When a defendant in a civil case doesnt file

an answer or go to court when theyre supposed to, but was
properly notified.

(+ ) K+

.3

.I+ K 1K

&>K+ + + K+ &+
.GK+ +

DEFAULT JUDGMENT A court decision in favor of

the plaintiff when the defendant doesnt answer or go to
court when theyre supposed to.

+ + 9

DEFENDANT In a civil case, the person or company

being sued. In a criminal or traffic case, the person accused
of the crime.

K+ &+ + +

DEFENSE In a civil case, the facts or arguments

presented by the defendant to show why the plaintiff
doesnt have a right to the relief asked for. In a criminal
case, the reasons why a defendant should not be convicted
of the charge(s).

+ +K + & A7

.+ 9 K+ + 79 H

&+ K+ + + . K+ J+
.

. + J + I+ +
.+ /7/ H /+ 0+ &

DEFENSE ATTORNEY In a criminal case, the lawyer

that represents the accused person (called the defendant).

M+ + &+ + - A+

DEFRAUD To make a misrepresentation of an existing

material fact, knowing it to be false or making it recklessly
without regard to whether it is true or false. To practice
fraud; to cheat or trick. To deprive a person of property or
any interest, estate, or right by fraud, deceit or artifice.

&K 7 > K+ G K+ G/

.(/ " K) + +

/8+ 1 K+ & +
H .A K+ 'G+ GK/ . H+
&G+ &E K+ &9 K+ & + K+ F+
.A/+ K+ &+

DEGREE Scope of an action or charge.

.+ K+ + - 97

DELIBERATE To consider all the evidence and

arguments related to a case that were presented in court.

+ 2+K 7+ 9K

DELIBERATION When a jury, for either a civil or

criminal case, goes into the jury room to discuss the
evidence and testimony and reach a verdict.

+ / / + 9K

Legal Glossary
K / 2/ 7

.+ /

K+ 7+ G/+K 7/
.9/ / G

32

DELINQUENCY COURT The division of the Juvenile

Court hearing cases where juveniles have been charged with
committing a crime.

3/+ +

DELINQUENCY, JUVENILE Antisocial behavior by a

minor; especially behavior that would be criminally
punishable if the minor were an adult, but instead is usually
punished by special laws pertaining only to minors.

& 9 + D - 3 &

.3/+ 9/

I I+ M+ D+ K
/ 8 K & +
.3/

DEMURRER When a defendant says the facts presented

by a plaintiff may be true, but they arent enough to prove
the defendants legal responsibility.

M+ / I+ + > >/+

DENNIS H. A hearing to determine if there is sufficient

evidence to sustain a juvenile court petition.

7+ I /8+ 9/ 8 - / 7

DE NOVO Starting a case all over again as if it had not

been heard before. In Latin, novo means new. (See
TRIAL DE NOVO.)

+ IK ( ) /7 .+ -

DEPENDENCY COURT The division of the Juvenile

Court hearing cases of child abuse and neglect.

A 3/+ +

DEPENDENT CHILD In family law, this usually means

a child that is financially supported by another person. In
juvenile law, this means a minor that is in the custody of the
court because he or she was abused, neglected, or molested
or is physically dangerous to the public because of a mental
or physical disorder.

7 G/ + / &+ I - G K

DEPORTATION The act of removing a person to

another country. Order issued by an immigration judge,
expelling an illegal resident from the United States. A
deportation has certain consequences regarding the number
of years within which a deportee may not legally immigrate.
There are also criminal consequences for reentry within a
prescribed time period.
DEPOSITION Written or oral testimony given under
oath in front of an authorized third person like a court
reporter. Depositions take place outside of the court. They
allow the parties to get a record of a persons testimony, or
to get testimony from a witness that lives far away. They
can help the lawyers prepare their court papers called
pleadings. (See also DISCOVERY.)
DEPRIVATION OF CUSTODY The court transfer of
legal custody of a person from parents or legal guardian to
another person, agency, or institution. It may be temporary
or permanent.

Legal Glossary
K / 2/ 7

K 2 & >/+ &+

.+ +

.3/+ ;/

.( + :+) .

.+K 7K+ / 1)

7+ + / &3/+ I .*
&+ K+ &/ K+ / / + + 9
+ / + K+ & < / > K+
. K+ M G+
97 9/ .* / + - 7/
2+ 7 1+
+ /+ 7+ . 19 1+
K . 1 IK + + + 7
: 1 7/ / 7 17 / +
.17
H+ 1: K+ 17 17/
.+ 49 17+ M .+ IK &>
&+ 17 G/ D/+ 17+
/ K ./ M+ + 17 K
.(A+ :+) ./9// /
&+ &+ + I
K+ &* / + + K+ /+
+ I+ I I+ . K+ 9
./7 K+

33

DEPUTY One appointed to substitute for another with

power to act for him in his name or on his behalf. For
example, a Deputy County Clerk is appointed on behalf of
the County Clerk.

I * - K K+

DEPUTY D.A. An assistant lawyer to the district

attorney.

.H+ + H H+ +

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.

: + + / - :K 3/+ 2

DESTRUCTIVE DEVICE / EXPLOSIVE any

substance, the purpose of which is detonation or rapid
combustion, and which is capable of rapid release of gas
and heat.

M9 D+ &17 + 1 /7 *

DETENTION When a person is temporarily locked up

until the court makes a final decision.

9/ / + -

DETENTION HEARING The initial hearing in

Dependency Court soon after the child has been removed
from the parent.

+ + + +

DETERMINATE (SENTENCE) Confinement for a

fixed period as specified by statute.

.I K 1 1 + - 7

DEVELOPMENTALLY DISABLED Those persons,

not psychotic, who are so developmentally disabled from
infancy or before reaching maturity that they are incapable
of managing themselves and their affairs independently,
with ordinary prudence, or of being taught to do so, and
who require supervision, control, and care for their own
welfare, or for the welfare of others, or for the welfare of
the community. (Formerly termed mentally retarded.)

K & &=+ + E

H K : . K D+
.+ H +

/ .K F I+ IK7 F+
.+

.19/+K 2/:+ K & K+ &

.1//+ +

1 K+ + / & 19
)+ 19/ / &+
19/ +K & 19 H+K
&D/+ / I+ &G+ J H+
K+ &+ 8K &+ +K &+K
I) .+ K+ &+
" "

DEVISE A gift of real property by a will.

DEVISEE A person who receives real property by will.

.K M9 K K
.K + M+ + 0+

DIRECT EVIDENCE Proof of facts by witnesses who

saw acts done or heard words spoken.

2 K+ / L+9 - 7

DIRECT EXAMINATION When a witness testifies and

answers questions asked by the party that asked them to
testify. (Compare CROSS-EXAMINATION.)

M+ D+ + 0// - 0//

DIRECTED VERDICT An instruction by the judge to

the jury to return a specific verdict. Now called Judgment as
a Matter of Law.

K + J9 -

Legal Glossary
K / 2/ 7

.(+ :0 I9) . +

.(I+ J9 :H+ ) .+

34

DISBARMENT Form of discipline of a lawyer resulting

in the loss (often permanently) of that lawyers 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).
DISCLAIM To refuse a gift made in a will.
DISCLAIMER The repudiation or renunciation of a
claim or power vested in a person or which he had formerly
alleged to be his. The disavowal, denial, or renunciation of
an interest, right, or property imputed to a person or alleged
to be his.
DISCOVERY The gathering of information (facts,
documents, or testimony) before a case goes to trial.
Discovery is done in many ways, such as through
depositions, interrogations, or requests for admissions. It
can also be done through independent investigation or by
talking with the other sides lawyer.

A + 9 )+
K &(/7 17K) I+ 9
. 1 I+ 9 K &/7+ K+ 9

.K G: /
+ K+ / I/ /G: /
K+ I/ K+ . / : K+ &
. + K+ 2 K+ K+

&K &) + 2 A/
&E 1 A+ .+ / 8 (2/7
+ I+K .G/ 2 &2/+ &2/7+ G
.+ D+ 3+ K+ & 2

DISCOVERY MOTION A motion to have evidence

disclosed to the moving party.

7+ A+ + + - A+

DISCRIMINATION An act which confers particular

privileges on a class arbitrarily selected.

IK7 / 2+ 2/:+

DISMISS To terminate legal action involving outstanding

charges against a defendant in a criminal case.

/ / )/ K+ D/ - L7 7

DISMISSAL WITH PREJUDICE When a court

dismisses a case and will not allow any other suit to be filed
on the same claim in the future.

K + 7 - L7 79

DISMISSAL WITHOUT PREJUDICE When a court

dismisses a case, but will allow other suits to be filed on the
same claim.

K + 7 - IK L7 79

./

. &L+

.+ &+ &L+ L7 +

.+ &+ &L+ LK7

DISORDERLY CONDUCT Any behavior, contrary to

law, which disturbs the public peace or decorum,
scandalizes the community, or shocks the public sense of
morality.

H+ H+ I+ D M+ -I F

DISPARITY Marked difference in quantity or quality

between two things.

. +K @ D+ 2K

DISPOSITION The final decision by the court in a

dispute.

.A/ + + 9/

DISPOSITIONAL HEARING The hearing held after a

petition is sustained (allegation found true), to determine
whether the child will become a dependent of the court,
where the child will reside, and what reunification services,
if any, will be provided to the parent.

) ;+ G + + +

Legal Glossary
K / 2/ 7

H K+ &+ + AK K+ &/7* K+
.H+ + H+

9 + I 9 (2/)7+ G
/ + 2 K &/+ H+ +
./+ / K

35

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.
DISSOLUTION A marriage that is ended by a judges
decision, also known as a divorce. (Compare NULLITY.)
DISSOLUTION OF MARRIAGE The act of
terminating a marriage; divorce; but the term does not
include annulment.
DISTINCTIVELY MARKED A vehicle, operated by a
peace officer, is distinctively marked when in addition to
a lighted red lamp and activated siren, the vehicle is of such
appearance that a reasonable person would be able to
recognize it as a peace officers vehicle, and a person
fleeing is on reasonable notice that pursuit is by a peace
officer.

1+ + / H . >9 /
.D+ + L+9 K+ 9/
0 + DKK &+ 9/ + 4/K:

(G/:0 I9) ."E"

K 'E '4/K: )+ + - 4/K:
.G+
+ 19+ I+ : 1/
9/+ 17KK )/ )// I &"1" +
19 + D+ M7 M+ I+
.9 + I K &+

DISTRICT ATTORNEY A lawyer appointed or elected

to represent the state in criminal cases in his or her
respective judicial districts. (See PROSECUTOR.)

+ K+ - H+ +

DISTURBING THE PEACE Conduct which tends to

annoy all citizens, including unnecessary and distracting
noisemaking.

K+ 4:/ F G+

DIVERSION Instead of going to jail, a defendant goes to

a rehabilitation (rehab) program and is supervised by a
probation officer. When the defendant finishes the program,
the charges are dismissed and the defendant is not
sentenced. (Compare ELECTRONIC MONITORING,
HOME MONITORING.)
DIVORCE A common name for a marriage that is legally
ended. See DISSOLUTION.

:+) . + + + + +
(H+ +

K 9 IK 3// 8 &/+
.)
I & 19K7 / + G9/
5/ 19K+ K . & /
/+ : :0 I9) . K &+
( +K &K+
:+) .I+ / + 4/K E
.(

DOCKET A record with the complete history of each

case a court hears. It contains short chronological
summaries of the court proceedings.

+ + M -

DOCKET NUMBER Identification number that the

court clerks office gives a case. This number is on all
papers filed in the case. Also called CASE NUMBER.

+ 9 + 9

DOE Used in law courts, legal papers, etc., to refer to any

person whose name is unknown.
DOMESTIC VIOLENCE An assault committed by one
member of a household against another.

Legal Glossary
K / 2/ 7

+ 2/)/+ 9/ MK . +
.+ +

+ E/9K+ /9 + / IK .
.+ 9" + K .+
./ & E/9K+ K &

.H / / K
7 G+ 7/+ + )/+ K+ + +
.*

36

DOMICILE The place where a person has his or her

permanent legal home. A person may have several
residences, but only one domicile.
DOUBLE JEOPARDY The constitutional prohibition
under the Fifth Amendment against a person being put on
trial more than once for the same offense.
DRIVE-BY MURDER Murder perpetrated by means of
discharging a firearm from a motor vehicle intentionally at
another person outside of the vehicle. When the perpetrator
specifically intended to inflict death, the murder is of the
first degree.

.K /7 M+ I+ G
./K G K &1 I I+
+ 17+ &9+ - 4K7
1 + &+ E+ I
.1/K
&/ & 19 09/
.9 &19 M9 9 E
+ /8+ K+ 9+ +
.+

DRIVING WHILE INTOXICATED (DWI) The

unlawful operation of a motor vehicle while under the
influence of drugs or alcohol. In some jurisdictions it is
synonymous with DRIVING UNDER THE INFLUENCE
(DUI), but in others, driving while intoxicated is a more
serious offense than driving under the influence.

19 17 - 19 17

DRUNK DRIVING The operation of a vehicle in an

impaired state after consuming alcohol that when tested is
above the states legal alcohol limit.

+ I - I/ 19 17

.I+ G+ K+ 2/9+
K & 7/ + 17+ L/
17+ + 17+ L+
.+

K &19/ 17 J +
G+ 7 I+ + K &G+
.+ 5+ + E

DUE PROCESS OF LAW The regular way that the law

is administered through the courts. The U.S. Constitution
says that everyone has to have a day in court, has the right
to be represented by a lawyer, and the right to benefit from
court procedures that are speedy, fair, and impartial.

7+ + + + 2/)/+
/ 1+ 2+ 97 .+ I+
I I+K &+ I I/ 7
&+ 2/)/+ I+K &
.:+ K 7/, +

DURESS Consists in any illegal imprisonment or threats

of bodily harm in order to coerce the will of another and
inducing him to do an act contrary to his free will.

K+ 9 H+ 9+ H9/ / J/+
1) J K+ &AK IK &7/9/
.+

EASEMENTS A right of use over the property of

another.

.* H// E9+

ELEAZER MOTION A motion to require prosecution to

disclose the whereabouts of an informant or show that
reasonable effort has been made to locate him.

K+ &+ 7K I I+ )7+ I

ELECTRONIC MONITORING Use of an electronic

device to keep an eye on where a sentenced person is in the
community and to restrict his or her activities, instead of
putting the person in jail.
(See also HOME
MONITORING).

K / K/ 1/7+ G/ - K+ /

ELECTRONIC TECHNOLOGY includes, but is not

limited to computer modem, magnetic media, optical disk,
facsimile machine, or telephone.
Legal Glossary
K / 2/ 7

.J7 G 7 H + M I+

K &/ & H+ / 2
( + :+ +) ./

&+ H7 & IKK: & K/

.+ K+ &+ : &+ /+ &+ H+

37

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.

)7+ K &+ 17 / - +

EMANCIPATION A legal way for children to become

adults before they are 18. Once a child is emancipated, his
or her parents dont have custody or control of him or her
anymore.

IK7 + K+ G M+ I+ - E/ /

EMBEZZLE To willfully take or convert to ones own

use, anothers money or property, which the wrongdoer
initially acquired lawfully, because of some office,
employment, or some position of trust.

& I+
+ I+ (1) : &+ // + ./7/
(3)K &+ 3K / I+ (2) .
.K+ + /+ +

./+ 7/ / I+ +
&+ 7/ + + 9 K
. I+ K+ & + 7
K+ 17/9+ H+ -
&J &: 2 K+ G/+ &=+
. + + K+ &K K+

EMBEZZLEMENT Taking property by a person to

whom the property has been entrusted.

. + + 2 + ;/

EMINENT DOMAIN The right of the state to take

private property for public use after giving fair
compensation to the owner.

G = + + H+ )+

EN BANC Court sessions where all the judges of a court

participate, instead of the usual number. For example, the
U.S. circuit courts of appeals usually use panels of three
judges, but all the judges in the court may decide certain
matters together. When that happens, they are sitting en
banc (sometimes spelled in banc). It comes from the
French language and means on the bench.

F9 &+ G +

.7 + I+ =

: .7+ 7+ + 2 1+
9K+ D+ + 1+
I+ K &1 1+ 2+
&/ K & 1+
:K + + . + I+ G
."+ "

ENDORSE To sign your name on a document to

authorize its contents or transfer (as in a check that is
endorsed to transfer money).
ENDORSED-FILED COPIES Copies of court papers
that are stamped in the top right corner to show when they
are filed. (Compare with CERTIFIED COPY.)
ENDORSEMENT, FORGERY BY Falsely writing or
endorsing check to cheat another person.
ENHANCE To make greater in value, to increase.
ENHANCEMENT An allegation added to a basic charge
which, if proven, increases the basic sentence. Example:
use of a gun in the commission of a crime may be added
to the felony charge.

Legal Glossary
K / 2/ 7

K/ & K -
( G+ ) /
K// & E/9K+ -
I9) .+ 9 &/ + /
.( 1 :0
()+ K + ) K+
./ D &/ K+ &
.7/7 . (+) :
+K &+ + / )7+ + /8+ -
; G+" : .+ + &
.+ / D " 09+

38

ENJOINING An order by the court telling a person to

stop something.

+ + 0 / >

ENTER A GUILTY PLEA The formal statement before

the court that the accused admits committing the criminal
act.

&+ H+ &+ 9 D/+ 9/+

ENTRAPMENT A defense to criminal charges alleging

that agents of the government induced a person to commit a
crime he or she otherwise would not have committed.

+ K+ )7+ 7 A7 F /1

ENTRY OF DEFAULT The clerks record that the

defendant has defaulted by not answering, or not answering
on time. The plaintiff must request this record entry.

+ / IK - () K+

.+ + 9/

09+ / 9 I+
I+ &

+ 7+ H K+ + 7+ H &+
I+ + K .+ &0+
.+ /
I /+ 17+ K

EQUAL PROTECTION The guarantee in the

Fourteenth Amendment to the U.S. Constitution that all
persons be treated equally by the law.

I+ I+ + 1+ 2+ 97

EQUITABLE ACTION An action which may be

brought for the purpose of restraining the threatened inflict
of wrongs or injuries, and the prevention of threatened
illegal action.

H A7K &L8+ K+ /

.1/K ;+
K+ D G/ D+
.AK

EQUITY A system of law that supplements the statutory

and case law and is based on principles of what is fair and
right.

IK + I H G /D+

ERROR CORAM NOBIS Petition filed in trial court

seeking relief from conviction based on new facts.

;+ .+ + 2/)/+ K+ "+ "

."0/K G" .7 K &MK+

/7/ K+ + MK+ /
.1

ERROR CORAM VOBIS Petition filed in appellate

court seeking relief from conviction based on new facts.

;+ .+ + 2/)/+ K+ - "+ "

/7/ K+ + D+ /
.1

ESCAPE BY FORCE OR VIOLENCE Using force to

escape from custody.

.1+ + 9/+ - + K+ 1 9/

ESCHEAT (ES-CHET) The process by which a deceased

persons property goes to the state if there is no will or no
heirs.

F + + 3/+ +

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.

E+ 9 K+ G +

Legal Glossary
K / 2/ 7

.9K K &K

&M7 D A7K &

.+ ?K &+

39

ESTATE Everything a person (alive or dead) owns and

owes. There are different types of estates, like probate,
nonprobate, trust and taxable estates. Probate estate: The
property in someones will. Or, if they do not have a will,
the property the probate court handles. Nonprobate estate:
The property the probate court does not handle. For
example, if theres a trust or joint tenancy. Trust estate:
Property in a trust. A trustee controls the trust. Taxable
estate: The property subject to federal estate tax when a
person dies. For example, life insurance.

K -(G &9 &) /1K

FK .( K+ + I )/) I7 K
K 3/ (1) :3///1K+ A/+ 1
H &K 0 + &
K+ &+ J 19+ +
(2) .: + K
7 + :I + + K
F+ + K+ &+ 1/7 + H K
1K /9+ (3) .
.1+ + G/ &/

ESTATE TAX Generally, a tax on the privilege of

transferring property to others after a persons death. In
addition to federal estate taxes, many states have their own
estate taxes.

> :+ - + G+
/+ / .39/+ / + G+
/ 2+ F &+ G+ /9+
.+ G+ + /

ESTOPPEL An act or statement that prevents a person

from later making claims to the contrary.

)7+ I K+

ET AL In Latin, this means and others. Refers to

parties not included in the formal name of a court case.

)/ &L+ D/+ / K .+ / K

ET SEQ An abbreviation for et sequentes, or et

equential. Latin meaning and the following, ordinarily
used in referring to a section of statutes.

17K &" " 9+ K

ET UX In Latin, this means and wife.

.GK

.+ + 19

./+ / 1
. - K+K

EVICTION Recovery of land or rental property from

another by legal process. (See UNLAWFUL DETAINER.)

:+) . )/+ / K9+ 7/7+ )+

EVIDENCE Any proof legally presented at trial through

witnesses, records, and/or exhibits.

&7 + )+ H 7 M+

EVIDENCE, CIRCUMSTANTIAL Conclusion drawn

from proven facts.

. 2/ - +

EVIDENCE, DIRECT Evidence in form of a witnesss

testimony, who actually saw, heard, or touched the subject
in question.

&3 L+9 17 - 7 /1

EVIDENCE, EVANESCENT Evidence which can

disappear relatively quickly, such as the amount of alcohol
in a persons blood.

& GK I+ 7 + 7

EXAMINATION, DIRECT The first examination of a

witness by the counsel who called the witness to testify.

J7 M+ D+ + 0/+ 0/+

Legal Glossary
K / 2/ 7

(AK @+

.2K K+/K &2

.A K+ & K+

. H7 G+

.17

40

EXAMINATION, RECROSS A second examination of

a witness by the opposing counsel after the second
examination (or redirect examination) by the counsel who
called the witness to testify is completed.

+ 1 + 0/+ - 0/+
+ + // I+ &+
.17 J7 M+ D+

EXAMINATION, REDIRECT A second examination

of a witness by the counsel who called the witness to testify.
This examination is usually focused on certain matters that
were discussed by the opposing counsels examination.

+ 1 + 0/+ - 0/+

EXCEPTIONS Declarations by either side in a civil or

criminal case reserving the right to appeal a judges 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.

H+ &+ / 2 2/)+

9+ 17 &17 J7 M+ D+
. /+ + + +

.)/ / / &
+ 2/+ &+ / +
H+ K+ &+ + 29 ? +
. + K+ + 1+ +

EXCESSIVE FORCE Use of unreasonable amount of

force by police officer.
EXCLUSION OF WITNESSES An order of the court
requiring all witnesses to remain outside the courtroom until
each is called to testify, except the plaintiff or defendant.
The witnesses are ordered not to discuss their testimony
with each other and may be held in contempt if they violate
the order.

&1+ G+ + 1

- 1
.

7+ + + 7+ / )+
&17 /K )+ I+ / + 49 )+
H &+ &7+ K .+K + )
K +K + /7
.+ I

EXCLUSIONARY RULE The rule preventing illegally

obtained evidence to be used in any trial.

G+ &7+ G+ )+

EXCLUSIVE JURISDICTION The matter can only be

filed in one court.

/ / + 9 + K+ )+ I

EX CONTRACTU Arising from a contract.

.+ &

.1/K
.

EXCULPATORY EVIDENCE Evidence which tends to

indicate that a defendant did not commit the alleged crime.

+ + I+ 7+ 7+

EXECUTE (1) To carry out all terms of a contract or

court order; (2) to sign (a document); (3) to kill.

(2) . 9/ K+ ?K (1) /

EXECUTION The name of a court order issued to a

sheriff, marshal, or constable authorizing and requiring him
to carry out the judgment of the court.

+ / K+ &+ / + + - +

EXECUTION OF SENTENCE SUSPENDED

Imposing a sentence that will not be served. This is
frequently ordered in combination with grants of probation.
If the defendant is subsequently found in violation of
probation, the suspension will be lifted and the sentence
carried out.
Legal Glossary
K / 2/ 7

.+

.2+ (3) .K K+

9/ K & / K+ &+
.+
J > . >
/8+ K &9+ 1 + +
. 9+ 1+ G I+ + +

41

EXECUTOR Person or company named in a will to carry

out the wills instructions and requests. The executor is
usually supervised by the probate court.

K 9 / K+ +
+ DK .+ 2K 2
.+

EX DELICTO Arising from a wrong, breach of duty.

(See TORT.)

:+) ./ G+ K+ &H

EXEMPLARY DAMAGES Monies awarded to the

plaintiff that exceed the normal or expected amount. Serve
as punishment for willful or malicious acts by the
defendant, rather than act of negligence.

E M7 - K+ / & 9//

EXEMPLIFICATION An extremely formal type of

certification in which the Clerk signs the certification of the
document or record. The Presiding Judge then signs
attesting to the fact of the identity of the Clerk, and that the
signature is authentic. Finally, the Clerk signs again, this
time attesting to the fact that the judge is a Judge of that
countys General Jurisdiction Court, and that the signature
is authentic.

2// A - 9

EXHIBIT A document or an object shown and identified

in court as evidence in a case.

M+ + 8K &+ K+ M7/ +
./ K /K / 9+

K+ K + I+ &+
K + ;+ M+ + &
+ /+K &+ I+ K +
+ + + I+ / L+ 1
.+ I+ K &
> > K+ - >K K+
. 7 + DK +

EXHIBIT, PEOPLES Exhibit and/or evidence that is

offered by the prosecution.

.)7+ 2 K+ 2/ + K+

EXONERATE To clear of blame or to relieve from

responsibility.

.K K+ 8 - '

EX PARTE A court procedure with only one side. For

emergencies only.

2 ./K )/+ - /K

EX PARTE PROCEEDING The legal procedure in

which only one side is represented.

/7 /K D I - /K 2/)/+

EXPERT TESTIMONY Testimony given in relation to

some scientific, technical, or professional matter by experts,
i.e., person qualified to speak authoritatively by reason of
their special training, skill, or familiarity with the subject.

& 7 K+ & 17 17

EXPLOSIVE/DESTRUCTIVE
DEVICE

Any
substance, or combination of substances, the primary or
common purpose of which is detonation or rapid
combustion, and which is capable of a relatively
instantaneous or rapid release of gas and heat, or any
substance, the primary purpose of which, when combined
with others, is to form a substance capable of a relatively
instantaneous or rapid release of gas and heat.

Legal Glossary
K / 2/ 7

. E9/+

J K &= 9 J K
. A+ A+K 19
D+ &7/+ K+ &17 + - 1 /1 1/7+
K &+ G+K + + K+ +
17 + K+ & K /9 19/K : 197
197 1 17 L+ 7/ 2 D+
. K /9 19/K :

42

EX POST FACTO Latin meaning, 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.

/ 9+ . + / +

EXPUNGEMENT Official and formal erasure of a

record or partial contents of a record.

) K+ K+

EXTENUATING CIRCUMSTANCES Circumstances

which render a crime less aggravated, heinous, or
reprehensible than it would otherwise be.

K & 1 DK - DK

EXTORTION The act of obtaining the property of

another person through wrongful use of actual or threatened
force, violence, or fear.

* G/ - 0+ /A/+

EXTRADITION Bringing a person that is in custody in

one state to the authorities of another state where that
person has been accused or convicted of a crime.

K 2 / K D +

EXTRAORDINARY WRIT A court order, often issued

by an appellate court, making available remedies not
regularly within the powers of lower courts. They include
writs of habeas corpus, mandamus, prohibition and quo
warranto.

K /7 / K &"+ "
.K I+ I+ H+

.9

.+ DK+ J & K

G+ & + K+ K 1 G+
.+ K+ &+

. /7+ K+ / L+
9 + - (+) 17+ E +
+ &17 &G L
H+ G 9 + : . 9/+
GK / +

& +

+ & ( ) + & H
/ 9 + + /8+
)+ I /8+ K &+
.+ K

EYE WITNESS One who saw the act, fact, or transaction

to which he or she testifies.

& I )/ &L+9 - I

FACTUAL BASIS The underlying facts supporting a

defendants guilty or NOLO CONTENDERE plea.

/7 /+ + + - 27K+ 2+

FACTUALLY INNOCENT No reasonable cause exists

to believe the person arrested committed the offense.

+ I 7 G 7K H - .

FAILURE TO APPEAR The act of not appearing in

court after being presented with a subpoena or summons.

+ + H+ G+ +

FAILURE TO COMPLY The act of not following an

order that is directed by the court.

.+ + A/ H - + +

FAIR HEARING A hearing in which certain rights are

respected such as the right to present evidence, to cross
examine and to have findings supported by evidence.

/ + + K+ 7

Legal Glossary
K / 2/ 7

. K+

. "G7+ " 9/+ K+ &+

. 9+ D+

+ 0/+ &7+ &E+

.7+ / +/K &+ D+

43

FAIR MARKET VALUE The cash value price that the

property would have brought at the time it was taken.

/ + / G7+ E+

FALSE ARREST Any unlawful physical restraint of

anothers personal liberty, whether or not carried out by a
peace officer.

M+ K+

FALSE IMPRISONMENT The unlawful restraint by

one person of another persons physical liberty.

+ M+

FALSE PRETENSES Representation of some fact or

circumstance which is not true and is calculated to mislead,
by which a person obtains anothers money or goods.

& K+ - /: )7+

FALSE TOKEN Any tangible object or a document that

is not genuine, is not what it appears or claims to be, and is
intended to be used and is used to deceive the person to
whom it is presented.

K K+ K+ ; M+ - + )+

. M+ +

.J K+ + 9 9 )/ &

.*

. K+ D &K9

+ K+ &+ & H &

. M/ / A/ /+

FAMILY ALLOWANCE A small amount of money

kept from the estate of the deceased to provide for the
surviving family members during the administration of the
estate.

3/+ G+ - +

FEDERAL EMPLOYERS LIABILITY ACT Federal

workers compensation law which protects railroad
employees.

/9 I - G+ 0+ K G /9 I

FEES A specific amount of money thats paid in

exchange for a service, such as filing a court paper.

E/K+ & G+ 7 - H9

FEE SIMPLE The most complete, unlimited form of

ownership of real property, which lasts until the current
holder dies without an heir.

K &17K K 9 -

FEE WAIVER Permission not to pay the courts filing

fees. People with very low income can ask the court clerk
for a fee waiver form.

.+ : 2/)/+ 1+ 7/+

.+ G K G+

.+ /

.+ 9K I K + + 2
/ E/9K+ H9 7 H I8+ H+ 7 )+
H+ + + MK8 =+ .+
H9 7 + /
.E/9K+

FELONY A serious crime that can be punished by more

than one year in prison or by death. (Compare
INFRACTION, MISDEMEANOR).

+ + I 1

FELONY MURDER A murder committed during the

commission of a felony such as robbery, burglary, or
kidnapping.

09/ )/ 09/ -

FIDUCIARY A person that acts for another persons

benefit, like a trustee or guardian. It also means something
that is based on a trust or confidence. (See also TRUSTEE.)

&+ &* () +

Legal Glossary
K / 2/ 7

.2+ K+ +

.+K &+K &+

:+) .+K + :+ K .+ KK
.(K

44

FIELD SOBRIETY TEST A method of determining

whether a person is intoxicated using a motor skills test
which is administered by testing the drivers speaking
ability and/or physical coordination.

+ 1K /

FIFTH AMENDMENT Among other rights, the Fifth

Amendment to the U.S. Constitution guarantees that a
person cannot be forced to present self-incriminating
testimony in a criminal proceeding.

&I+ - 9+ I + 17+

FILE When a person officially gives a paper to a court

clerk and that paper becomes part of the record of a case.

&9 &+ / E/9K+

FIND GUILTY For the judge or jury to determine and

declare the guilt of the defendant.

+ K+ + I/K 9/ /7+9/ / K

FINDING When a judicial officer or jury says something

is a fact.

9 (K/ ) / G+

FINDINGS OF FACT An oral or written statement by a

judge after a review of the evidence stating that the facts
given are found to be true.

/9 9/ & H+ I /8+
.M/ :/ K+/K + 9 &+

17 A+ &L+ E
. )/+

.1+ +

.+ /7+

. I+ + K+
& K+ I (/97 ) /
2K + &2+ / + 9
.

FINE The money a person must pay as punishment for

doing something illegal or for not doing something they
were supposed to do.

+ 0 G+ - /

FINGERPRINT The distinctive pattern of lines on

human fingertips that are used as a method of identification
in criminal cases.

+ + D/+ 1 ? +

>K K+ & H
.

.+ + =+ D H

FIREARM A weapon which acts by force of gunpowder,

such as a rifle, shotgun or revolver.

' : & 7K9+ 1 5 - M9 5

FIRST APPEARANCE The initial appearance of an

arrested person before a judge to determine whether there is
probable cause for his or her arrest. Generally, the person
comes before a judge within hours of the arrest, and are
informed of the charges against him or her and of his or her
rights to a preliminary hearing, to counsel, and to bail. No
plea is asked for at this time. Also called INITIAL
APPEARANCE.

.+ + + K ()+ H+) GK+ G+

FITNESS HEARING A court hearing to decide if a

juvenile (minor) should be tried as an adult.

Legal Glossary
K / 2/ 7

.; K+ ';9

I /8+ 9 + H+ D+ + G K
2 G &17 &+ K .
+K &+ + J9+ & + )+
K &
&+ G+K &
I+ /8+ (+) 3+ +
.+

45

FORCIBLE AND ATROCIOUS CRIME Any felony

that by its nature and the manner of its commission
threatens, or is reasonably believed by the defendant to
threaten life or great bodily injury so as to instill in him a
reasonable fear of death or great bodily injury. Murder,
mayhem, rape, and robbery are all forcible and atrocious
crimes.
FORCIBLE ENTRY AND DETAINER Ordinarily
refers to a summary proceeding for restoring possession of
land to one who has been wrongfully deprived of
possession.

9/ + + KK
L /7+ + I+ K+ &+ 0+K
& L8 K+ 2 7 + +
.+ L8+ K+ 2+ D+
/+ + K &+ + : KK
.1+ G /K &+ 0+K &+K
)/+ / 5+ / 17 - 1 )+K G+
H 9K 2 7/7
.

FORECLOSURE Procedure by which mortgaged

property is sold on default of the mortgagor in satisfaction
of mortgage debt.

7 /+ G+ I+ + + E+

FORFEIT To lose, or lose the right to. In Traffic to

forfeit means to enter an implied guilty plea and pay total
bail to close a case

D/+ + I K & K+

FORFEITURE When a person must give up money or

property because he or she didnt meet a legal obligation.
(See also BAIL FORFEITURE).

+ H K+ G G:

FORGERY The act of claiming ones own writing to be

that of another.

0/ I/ K I+ K

FORMAL PROBATION Court-ordered terms and

conditions placed upon a defendant instead of a sentence.
Formal probation involves supervision of the defendant by a
probation officer. Summary probation involves no probation
officer; the defendant is responsible directly to the court.

: 7 + 9 / 9+

.+ 7

.+ E + 7K +

:(+ 197 :+) . H/+ K+ /

.*

IK & ) + ?KK
9+ I+ .9+ / )+ +
IK7 1 + J K + I +
.9+ 7K

FORUM NON CONVENIENS A doctrine patterned

upon the right of the court in the exercise of its equitable
powers to refuse the imposition upon its jurisdiction of the
trial of cases even through the venue is properly laid if it
appears that for the convenience of litigants and witnesses
and in the interest of justice the action should be instituted
in another forum where the action might have been brought.
FOSTER CARE A program that gives money to a
person, family, or institution to raise someone elses child.

+ + + / +
I &L7 + 9 7+ K/
L+ I+ 2+9 /8+ & + >
+K /+ >/ /K 7+K H +
&
H (7K+)+ K
&7K+ K+ KK K+ & K+ &
.+ G &7K

FOUNDATION In a trial, a foundation must be laid to

establish the basis for the admissibility of certain types of
evidence. For example, an expert witnessess qualifications
must be shown before expert testimony will be admissible.

Legal Glossary
K / 2/ 7

) / ) ;/ K &/ ;+
1) 2+ : .7+ A/+ G
.7 +K

46

FOURTEENTH AMENDMENT Among other matters,

the 14th Amendment to the U.S. Constitution prohibits states
from depriving any person of life, liberty, or property
without adequate DUE PROCESS.

/ - 9+ I /+ 17+
9+ I /+ 17+ &L+ 9+
K+ &+ &1+ M+ I 2+
. 2/)/+ IK &F+

FRAUD Deceiving someone on purpose in a way that

financially hurts others.

.M7 L8+ / A/ - /

GAG ORDER - Orders restraining parties and counsel to a

criminal proceeding from talking about the case to the press
or public.

9 /K+ +

GAMBLING The act of staking money, or other thing of

value, on an uncertain event or outcome.

3 & 2/8 )+ K+ G+ / 1

GARNISH To withhold a debtors money, and turn it

over to another in order to pay a debt. Typically, the one
withholding the money is the debtors employer.

. )K I / I+ G

GARNISHMENT A legal process that allows part of a

persons wages or property to be withheld for payment of a
debt.

/9 )/+ I+ G

GENERAL ASSIGNMENT The voluntary transfer, by a

debtor, of all property to a trustee for the benefit of all of his
or her creditors.

I+ - H G:

GENERAL JURISDICTION Refers to courts that have

no limit on the types of criminal and civil cases they may
hear.

+ + + / H )

GLUE SNIFFING The act of inhaling glue in order to

get high.

. 9 )// E+ )/+ E+

GOOD CAUSE A good reason. For example, a person

must have good cause (better than not having a car or a
baby-sitter ) for not coming to a court hearing.

+ H+ G+ + : - K

GOOD FAITH An honest belief, the absence of malice,

and the absence of design to defraud.

0K &+ 0 &E7 7+ -

GOOD SAMARITAN RULE One who assists a person

in imminent and serious danger, though negligence of
another cannot be charged with negligence in attempting a
rescue.

1 GK - + M+ I

GOOD TIME A reduction in sentenced time in custody

as a reward for good behavior. It usually is one-third to onehalf off the maximum sentence.

Legal Glossary
K / 2/ 7

)/ &+ H/ +K D/+
.+ K+ +

M+ + /7 I G+ +
. I+

.7 ) K+

./+ K /

.)+ IK K

&/ H K+ 19 7K H
.K 0/

.G+ +

G+ &* G+ KK
.D+ K
+ + 1 F+
. &L+ 1+ K+

47

GRAND JURY A group of 16 to 23 citizens that listen to

the prosecutors evidence of criminal allegations and decide
whether there is probable cause to believe a person
committed a crime and to charge them with that crime.

GRAND THEFT Taking and carrying away the personal

property of another person of a value in excess of an
amount set by law with the intent to deprive the owner or
possessor of it permanently.
GRANTOR OR SETTLOR The person who sets up a
trust.
GREAT BODILY INJURY Injury which involves a
substantial risk of death, serious permanent disfigurement,
or loss of function of any part of an organ of the body. Is a
graver and more serious than ordinary battery.

GROSS NEGLIGENCE A negligent act(s) which is

reckless or flagrant and which is such a departure from
conduct of an ordinary, prudent person under the same
circumstances as to be contrary to a proper regard for
human life or to constitute indifference to the consequences
of those acts. The facts must be such that the consequences
of the negligent act(s) could reasonably have been foreseen
and it must appear that the death/danger to human life was
not the result of inattention or mistaken judgment, but the
natural and probable result of reckless or flagrantly
negligent act.
GROUNDS A foundation or basis; points relied on.
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. In
Juvenile Dependency cases, once a guardian is appointed,
dependency may be terminated.

/ 23 / 16 L
& )7+ + 7+ / I
9+ + I 7 + I /8+ /K9
.+ + 09+ K &
2/8 * 2 K + L
./7 19 & K+ I &

.K 1 F M+ + - K+ 1+

&2/ / / + - +
.+ )+ K K I/ K+ &/7K K+

+ D ( + ) 57 G+
K &1+ / & &9
& &M7 I+ 9 I+ K &/
/ I+ + G+ . DK
+ I+ K+/K + 2+ I+ K &
& K+ J+ H 1+
.K 9 + D K

. ? ';+ K+ 1 - /
I I+ K+ &K K
H / I+ K+ & K
+ I &/+ + 1K G . K
1K G .1+ + 1//+ 17
/ /8 + I I+ 9+ &/+
+ K &3/+ / .K
.+

GUARDIAN AD LITEM An adult appointed by a court

who represents a minor child or legally incompetent person.
(See also AD LITEM).

+ + - K

GUARDIANSHIP A court proceeding where a judge

chooses someone to care for a person under age 18 or to
manage the minors estate (property), or both. In some
states, conservatorship of an adult is called guardianship,
but
not
in
California.
(Compare
with
CONSERVATORSHIP.)

+ 2/)// K

Legal Glossary
K / 2/ 7

+ + K+ / +
.+

19/7K K+ &+ 19/7 K+ & + IK7

K + 2+ . +
K+ :0 I9) .9 K &+
(;9

48

GUILTY A court decision that a defendant committed a

crime.

.+ 9+ + I+ + 9/ -

GUILTY PLEA When a person admits in court that he or

she is guilty of a crime.

+ K+ + + H+ + D/+ 9/+

HABEAS CORPUS The name of a writ used to bring a

person before a court or judge to decide whether that person
is being unlawfully denied his or her freedom. The term
comes from Latin.

+ H+ G 9 +

HANDCUFFS Chains or shackles for the hands to secure

prisoners.

.)+ M+ G+ K+ 7

HARASSMENT Words, gestures, and actions which tend

to annoy, alarm, and verbally abuse another person.

& :G+ K+ 2/9+ &H 1+ +

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.

K + 9

.H+ K+

.+ + + .

. / K+

&+ + + K+ &
.D+ K

HARVEY WAIVER The facts, relating to a charge that

was dismissed as part of a plea bargain, are related to the
particular charge for which the minor is being sentenced
may be considered at the time of disposition.

+ + + - 9 G:

HEARING A formal court proceeding with the judge and

opposing sides present, but no jury.

7 + 9 2/)/+ L7 A

HEARING, CONTESTED A hearing held for the

purpose of deciding issues or fact of law that both parties
are disputing.
HEARING DE NOVO A full, new hearing.

+ &+ K 9+ &
D/+ K+ / +
.+

.+ IK K &:+ +K +
+ 7/ K+ 9/ H
.I:+ I+
./7 + A 1

HEARING, PRELIMINARY The hearing given to

person accused of crime, by a magistrate or judge, to
determine whether there is enough evidence to warrant the
confinement and holding to bail the person accused.

K+ -

HEARSAY Statements by a witness who did not see or

hear the incident in question, but heard about it from
someone else. Hearsay usually cant be used as evidence in
court.

+ 17 + 17

HEIR A person that has the right to inherit money or

property from someone who dies without a will.

K 2 + M+ + 9K

HIT AND RUN Crime in which the driver of a vehicle

leaves the scene of an accident without identifying himself
or herself.

37 I 0 M+ + 0K H

Legal Glossary
K / 2/ 7

JK 7+ /8/ 9
.+

JK &* & K+ J
. 17+

.K F

. D I+ IK7 H

49

HITCH MOTION A request to exclude evidence.

HOLDING CELL A temporary location inside a
courthouse where prisoners are held before and after their
court appearance.
HOLOGRAPHIC WILL A handwritten will. The court
needs to see proof of the persons handwriting. No one has
to witness or notarize a handwritten will.

.7/ K+ ) K+ D/
I+ + 1 + 1
.+ H+ K &
4 / J + K
7 4 + K &G+ K &
. + I+

HOME MONITORING An alternative to imprisonment

where an individual is confined to his or her home and
monitored electronically.

/ + G+ /

HOME SUPERVISION Temporary house arrest for a

minor while awaiting the courts final decision. Also used
as punishment after the courts final decision.

9 G/ + K+ 3+ G+ D//

HOMICIDE The unlawful killing of one human being by

another.

.* + +

HOSTILE WITNESS A witness whose testimony is not

favorable to the party who calls him or her as a witness.
May be asked leading questions and may be cross-examined
by the party who calls him or her to the stand.

J+ M+ D+ 7

HUNG JURY A jury whose members cannot agree upon

a verdict.

,+ -

HYPOTHETICAL QUESTION An imaginary situation,

using facts previously admitted into evidence, upon which
an expert witness is permitted to give an opinion as to a
condition resulting from the situation.

&// D H G/ - M K+ /+ G/

.K+ /+ KK &+

9/ 9K 0 +K &+ + 9/
.+ +

I+ + / + M+ D .17
./ I+K &/9+ K+ / +

.+ 9/ / G+K )/9* +

)K &7 H
.D+ / + G +9 )/

IDIOCY- It is the complete absence of mind that is

generally the result of a birth defect rather than a disease.

+ 19 I/ /

IGNORANCE OF FACT- The lack of knowledge of some

fact or facts relating to the subject matter at hand. May
sometimes be used as a defense or ground for relief.

A K+ H

ILLEGAL Against, or not authorized by law.

. K

.A ; K+ &A+ /+ .5K+
.AK K+ &I+ -

IMMINENT PERIL Certain, immediate, and impending

danger.

.7K M9 &+ - K

IMMUNITY A right to be excepted from duty or penalty.

(See also PRIVILEGE.)

:+) . K+ /K )+ /

Legal Glossary
K / 2/ 7

.(:+

50

IMPANEL To seat a jury. When voir dire is finished and

both sides have exercised their challenges, the jury is
impaneled. The jurors are sworn in and the trial is ready to
proceed.

I+ .+ - + GK
/ + + 0//
)+ .+ GK &:+
./)// 1 + K &+ +

IMPEACHMENT OF WITNESS To call into question

the truthfulness of a witness.

.17+ - 17

IMPLIED Where intention is not manifested by explicit

words, but is gathered by implication.

K &H / + I

IMPLIED CONTRACT A contract in which the

promise made by on party is not expressed, but inferred by
that partys conduct or is implied in law.

/ D 5 + - +

IMPOUND To take and keep an animal or an object in

custody.

> + K+ &9: JK I/ + /09

IMPRISONMENT The act of putting or confining a man

in prison, or the restraint of a mans personal liberty.

.I+ K+ & K+ K -

INADMISSIBLE Cannot be admitted as evidence in a

trial or hearing.

K+ G G

IN CAMERA A hearing held in the judges chambers or

in a court with all spectators (including the jury) excluded.
From the Latin that means in chamber.

. " " K + +

INCAPACITY The lack of power or the legal ability to

act.

.D+ + K+ + 19+ H +

INCARCERATE To put in jail or prison.

/ K+ & K &K
.I+

. JK

K + 9 IK + K+ +
.+

.+

INCEST Sexual intercourse between persons so closely

related that marriage between them would be unlawful.

4/K+ I+ H + G+ + 5

INCOMPETENCY Lack of capacity to understand the

nature and object of the proceedings, to consult with
counsel, and to assist in preparing a defense.

DK 0/ : 19/ H 1) '

INCRIMINATE To hold yourself or another person

responsible for criminal actions.

. G+ K * K+ H

INDECENT EXPOSURE Showing private body parts in

a lewd or indecent manner in a public place.

&H I 19+ +

INDEMNIFY Liability for loss is shifted from one

person held legally responsible to another.

+ 19 7 - >

Legal Glossary
K / 2/ 7

.+ MK8

1+K &+ 9K+ &+ 2/)/+

.A+

.K

.19+ 3K GK+

51

INDEMNITY An obligation to provide compensation

(usually money) for a loss, hurt or damage.

( 17) + /K -

INDEPENDENT EXECUTOR A special kind of

executor, permitted by the laws of certain states, who
performs the duties of an executor without intervention by
the court.

2/ H 2+ - + +

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.

1 7+K + 7

.9 K+ L8+ &19

.+ IK7 +

H+ )+ &I K &+
I+ &+ )/ K+ + 9/ K
.+ + 1+ +

INDIAN CHILD WELFARE ACT (ICWA): Federal law

to protect the integrity of Indian families.

/9 I 7+ 7K//G+ <+ I

INDICTMENT A formal charge by a grand jury saying

there is enough evidence that the defendant committed the
crime to justify having a trial. Used primarily for felonies.

9 19 H+ - H+

.7+ 2

+ I+ / 7+ 7K &L
.2+ + . 9 9+

INDIGENT A person who is poor, needy, and has no one

to look to for support.

. K &4 & I+ : '

INDIVIDUAL EDUCATION PLAN (IEP): Plan for a

student who is entitled to special education services.

4+ 2 7+ /

INDORSEMENT That which is written on the back of a

negotiable instrument. It is also used with reference to
writs, insurance policies, certificates of stocks, etc.

.GK/

IN FORMA PAUPERIS When the court says a person

does not have to pay a filing fee because the person cant
afford it. In Latin, means in the manner of a pauper.

+ - "+ " K +

INFORMANT An undisclosed person who confidentially

discloses material information of a crime to the police,
which is usually done in exchange for a reward or special
treatment.

&17 & 2 + -

INFORMATION A written accusation charging a person

with a crime. It is presented in court by a prosecuting
officer under oath and does not come from a grand jury.

. 09 / - 9+

INFRACTION A minor violation of a law, contract, or

right that is not a misdemeanor or a felony and cant be
punished by time in prison. Minor traffic offenses are
generally considered infractions.

Legal Glossary
K / 2/ 7

.=

2/7K &+ / &+ /K+ +

./ &+

/9 I L7 E/9K+ H9 7 H
.7

. K+ 1

K & )7+ 9 + 9
.L
F+ K+ &I F+ I+
K K+ & K+ &//
J + / 2 .+
.+

52

INHABITED Act of residing actually and permanently in

a given place or dwelling. Synonymous with domicile,
dwell, live, sojourn.

. .7 I /+K + GK+

INHABITED DWELLING A structure which is

currently used as a residence whether occupied or not.
Courts flexibly interpret this term. It is still inhabited even
if the occupants are temporarily absent.

K+ I )/ G ) +

INHERITANCE TAX A state tax on property that an

heir or beneficiary under a will receives from a deceased
persons estate. The heir or beneficiary 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
or 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 or she
usually does not offer evidence. Also called FIRST
APPEARANCE.

&+ / K+ + .
. J, I K +
+ F+ + 3/+
+ .+ + K+ 9+ / GK
.+ K+ 9+
.+ H+ K+ G+ + K + +
/8/ + 9 &+ I+
& / 7+
&+ 2+ 9+ I+ .
L/9 + + I
H K &+ /7 I I/ + .*
.7+

INJUNCTION A court order that says a defendant cant

perform, or must perform, a specific act.
(See
RESTRAINING ORDER.)

& + / + + M +

IN LOCO PARENTIS Latin meaning in the place of

the parent. Refers to actions of a custodian, guardian, or
other person acting in the parents place.

&+ :G+ / /+ H K+ I

INMATE A person confined to a prison, penitentiary, or

jail.

. K+ &+ & : :+ -

INNOCENT UNTIL PROVEN GUILTY A belief in

the American legal system which states that all people
accused of a criminal act are considered not to have
committed the crime until the evidence leaves no doubt in
the mind of the court or the jury that the accused did or did
not commit the crime.

+ I+ H - /7+ .

IN PERSONAM An act or proceeding done or directed

against or with reference to a specific person.

. L7

IN PROPIA PERSONA (IN PRO PER) When a person

represents himself or herself without a lawyer. This comes
from the Latin for in ones own proper person. (See also
PRO PER AND PRO SE.)

. IK / 2/

IN REM A procedural term used to designate

proceedings or actions instituted against the thing in
contrast to actions instituted IN PERSONAM or against the
person.

.+ L7G+ & - L7

Legal Glossary
K / 2/ 7

(/ :+) . H+ & K+

./+ H H M+ K+ &+

+ ;+ I+
I+ IK 7+ H+ / +
I+ + K+ + M/ F
.+ + K+ &9+ +

.(+ + +)

53

INSANITY PLEA A claim by a defendant that he or she

lacks the soundness of mind required by law to accept
responsibility for a criminal act.

+ + + + )7+ I/ )7+
. K I I+ +

INSTRUCTIONS The explanation of constitutional

rights given by a judge to a defendant.

. 9+ E+ + 5 - 2+

INTANGIBLE ASSETS Property that you own, but do

not physically have. For example, stocks, bonds, bank
accounts, copyrights, patents, etc.

I K G/+ F+
&+K + EK & 2K &2/+K &
./ &A// 1)/K

INTENT The purpose to use a particular means to bring

about a certain result.

. K H// D+ +

INTENT TO DEFRAUD To have in mind a purpose to

cheat or trick someone. For example, purposely writing a
bad check.

A/ K+ + I I+ + +

INTER ALIA Among other things.

. 9 / I &
.L+ )+

INTER VIVOS GIFT A gift made during the givers

life.

.1+ I +

INTER VIVOS TRUST A trust made while the owner is

still alive. Another name for a living trust.

.1+ I + K K+ 1
. K K+ 1 + K

INTERLINEATIONS The act of writing between the

lines of a document.

.+ K+ ++ + -

INTERLOCUTORY Provisional; not final. An

interlocutory appeal concerns only a part of the issues raised
in a lawsuit. (Compare to DECREE.)

) + D+ . & -

INTERPLEADER When two or more people say they

have a claim to the same thing held by a third party. The
third party may force them to go to trial with each other to
settle their dispute.

+ + K+ I 7+ /8+ L7 +

INTERPRETER A person who is certified as being able

to translate, orally or in writing, spoken or sign language
into the common language of the court.

97 + -

INTERROGATORIES Written questions asked by one

party in a lawsuit for which the opposing party must answer
them in writing.

&+ + 0/+ 9K

INTERVENOR A person who voluntarily interrupts in

an action or other proceeding with the leave of the court.

&+ I8 &A L7

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.

Legal Glossary
K / 2/ 7

.(H :0 I9) .) + +

I+ D+ / & D 1:
. A/+ )+ + )

,2/9+ K+ & &+

. 7+ + + 0+

)/+ / . I &+
.+

54

AND

.:K 3/+ 2 + .+ /

INTESTATE To die without making a will or leaving

instructions for disposal of your property after death. (See
TESTATE.)

: 2 K+ &K F 1K K

INTESTATE SUCCESSION The process by which the

property of a person who has died without a will passes on
to others according to state law.

K : )/+ K 3/

INTOXICATION A diminished ability to act with full

mental and physical capabilities because of alcohol or drug
consumption; drunkenness.

H+ 19/ I /

INTRODUCTORY INSTRUCTIONS Pre-trial

admonitions or statements by judge or other court official
that explain to the jury, lawyers, and/ or audience their
duties, and obligations during court proceedings.

+ 2 K+ 2/ + 2+

INTESTACY LAWS See

DISTRIBUTION STATUTES.

DESCENT

.(K :+) .K

.I+ + + =+ &K

.2/9+ K+ G+ GK &K+

&+ / &+ . &+ 9 K+

G /+K /K 5 9+ K+/K &+
.+

INVESTIGATION A legal inquiry to discover and

collect facts concerning a certain matter.

&K & + + )/ /

INVOLUNTARY MANSLAUGHTER The unlawful

killing of a human being in which there is no intention to
kill or do grievous bodily harm, but that is committed with
criminal negligence or during the commission of a crime
not included within the felony murder rule. (Also called
negligent manslaughter.)

IK 9+ & AK -M

INVOLUNTARY INTOXICATION The ingestion of

alcohol or drugs against ones will or without ones
knowledge. This may be used as an affirmative defense to a
criminal negligence charge.

.I+

K & 9 K+ &+
+ I 9 H H+ G K+ & G+
.(G+ :+ ) .+
2/9 K+ G GK K+
A + J H/+ . IK K+ &7/9+
. G+ +

IRRELEVANT Evidence not sufficiently related to the

matter at issue.

.A 7 A

IRREVOCABLE TRUST A trust that cannot be

changed or cancelled after it is made.

)+ K+ K K+ 17

ISSUE 1) The disputed point in a disagreement between

parties in a lawsuit. 2) To send out officially, as when a
court issues an order.

() -2 . + A/+ A () -1

JAIL A place of confinement that is more than a police

station and less than a prison. It is usually used to hold
persons convicted of misdemeanors or persons awaiting
trial.

+ K+ & + =+ I

JEOPARDY Risk to a defendant of possible conviction

and punishment. In a criminal case, the defendant is usually
said to be in jeopardy after the preliminary hearing has
taken place and the jury has been sworn in.

Legal Glossary
K / 2/ 7

./9/ + 9 : &9 9

. +K &+ + .+ 9+

/ G//K /7+ / + + +
/ + & .
.+ + I K &/+ +

55

JOHNSON MOTION A motion to discuss grand jury

indictment.
JOIN To unite, to combine, to enter into an alliance.
JOINDER Generally, a bringing or joining together. For
example, plaintiffs joining in a suit, or a joining of actions
or defense.
JOINT AND SEVERAL LIABILITY A legal doctrine
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 When two or more people own

something and have rights of survivorship. This means that
if one tenant dies, his or her share goes to the other tenants.

/ + H+
.L+
./ ' ' '
. / H+ K+ / H/ K+ K+
.A/ K+ &+ K+ & / H
- 17/K / + K+
/ 3K K+ D/+ D M+K
L7 / + K
. H/ L+ D/+ I+
& + K+ I - F+
+ 2 /8+ + .+ 2 + I
./ /

JOINT VENTURE An association of persons jointly

undertaking some commercial enterprise. Unlike a
partnership, a joint venture does not entail a continuing
relationship among the parties.

AK F =+ F AK

JOYRIDING Illegally taking an automobile without

intent to deprive the owner permanently of the vehicle,
often involving reckless driving.

K 1 * 19 + 19

H F+ AK/ &/ D .M9

.+ D/+ + 9//

+ M/ 7 17K &
.1/ HK 9

JUDGE An elected or appointed public official with

authority to hear and decide cases in a court of law.

. 9/ 8/K + L7 A +

JUDGMENT (JUDGEMENT) The judges final

decision in a case. It says how much the person who lost has
to pay the person who won, and when. Sometimes, you can
change part of the judgment with a hearing.

+ + 9/ (D+ K )+ ) +

JUDGMENT CREDITOR The person who wins the

case.

.L+ 9 M+ /+ + H+ /+

+ &H 7 + + .
) ./+ + / L+ +
. +

JUDGMENT DEBTOR The person who loses the case.

.L/ M+ + / H+ +

JUDICIAL COUNCIL The constitutionally mandated

body responsible for improving the administration of justice
in the state. The council is made up of judges, court
executives, attorneys, and legislators. It was established to
standardize court administration, practice, and procedure by
adopting and enforcing court rules.

K I 97 9+

JUDICIAL NOTICE A courts recognition of the truth

of basic facts without formal evidence.
Legal Glossary
K / 2/ 7

&1 + JK .+ 19/7+
K .K & &/
&I+ K/ &+ 19/7/ : / J +
+ / K + 2/)/+K
IK7 / + F/97+ J+
.9 / +

56

JUDICIAL OFFICER Judges, referees,

commissioners who make court decisions as a judge.

and

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 before whom
writing was sworn to. The clause written at the foot of an
affidavit, stating where, when, and before whom the
affidavit was sworn.

JURISDICTION (1) The legal authority of a court to

hear and decide a case. (2) The geographic area over which
the court has authority to decide cases. (3) the territory,
subject matter, or persons over which lawful authority may
be exercised by a court.
JURISDICTIONAL HEARINGS A hearing at which
the court determines whether the child falls within the
jurisdiction of the juvenile court.
JURISPRUDENCE The study of law and the structure of
the legal system.
JUROR Member of the jury.

2/9/ IK IK &H &1 -

.
9 G+ / + /
+K ./ L+ AK M
.97 L+ AK/ + G+ I+
17/ + I + K+ 9 17
K : 9// + D/ / .
I+ M/ /K &9// / I IK
.+
K+ + (1) 7K K+
+ /+ + (2) . /K L7 A
&+ (3) . / + 8
. 8 I =/ K+ &A
+ 7 + +
.3// 3 /8/
.+ H+ K I+ /97
.+

JUROR, ALTERNATE Additional juror impaneled in

case of sickness or disability of another juror.

+ + +

JURY A group of citizens picked according to law and

authorized to decide a case.

K IK9 /+ - +

JURY BOX The specific place in the courtroom where

the jury sits during the trial.

+ 7+ I+ + 9

JURY COMMISSIONER The local official responsible

for giving the court lists of qualified potential jurors.

)+ GK+ + 9+ + 0K

JURY FOREMAN The juror who is in charge of the jury

during deliberations and speaks for the jury in court when
announcing the verdict.

.J K+ &*

. /K9 I

.+ )+ + ;

.&+ + + ) / &+
G + GK+ + + 9
L + H+ K )+ GK/
.9/ /

JURY, HUNG A jury which is unable to agree on a

verdict after a suitable period of deliberation.

A+ ,+

JURY INSTRUCTIONS Directions that the judge gives

the jury right before they decide a case. They tell the jury
what laws apply to that particular case.

+ + 2 - + 2

Legal Glossary
K / 2/ 7

.GK/ + + 9K 9/

+ + 7/+ G &GK/+ /K I+
.

57

JURY TRIAL A trial that is heard and decided by a jury.

K
.

JUSTIFICATION A lawful or sufficient reason for ones

acts or omissions. A defense of justification is a showing of
a sufficient reason for an action by defendant. For example,
in an assault prosecution against a defendant, a justification
would be that the violence was necessary.

. H+ + K+ 9+ K+ 9
.+ 9+ 9 9+ + A7 H
)/+ 9 &+ + H// 19K :
.9+ M+

JUSTIFIABLE Issues and claims capable of being

properly examined in court.

+ /9+ K J

JUSTIFIABLE HOMICIDE The intentional killing of

another human being without any evil design, and under
such circumstances of necessity or duty as render the act
proper, and relieve the party from any shadow of blame.

&/ /* H+ 9 -9+ +

JUVENILE A person under 18 years old. (See also

MINOR.)

.( :+) . + IK7 3

JUVENILE COURT Part of the Superior Court that

handles delinquency and dependency cases involving
minors.

+ + 3/+

JUVENILE HALL The facility where juvenile offenders

are held in custody.

.I + 3/+ I 3/+

JUVENILE WAIVER A procedure by which a charge(s)

against a minor is transferred from a juvenile to circuit
court.

& K+ )/+ 3/+

.+

&+ IK7 K & DK K+ / 7

.

.+ +K

.9K7 / 3/+ & /

KIDNAPPING The taking or detaining of a person

against his or her will and without lawful authority.

. IK JK &1 + + - +

KEEPER An officer that the court appoints to be

responsible for money or property legally seized in
connection with a pending case.

G/+ K I + 9 +

KNOWINGLY With knowledge, willfully or

intentionally with respect to a material element of an
offense.

/ K &17/9+ K+ / M+

LACKING CAPACITY Lacking qualification,

competency, power or fitness. Being incapable of giving
legal consent.
Lack of fundamental ability to be
accountable for actions.

.+ K+ 19+ &1)+ &2/+ -+ H7

LARCENY Stealing or theft.

LAW Combination of rules and principles of conduct
made known by legislative authority, derived from court
decisions, and established by local custom.

Legal Glossary
K / 2/ 7

. + F+K

.+

+ 19+ H . 9/ )7
.+ K
.
1 &9/7+ /K H+ I/
+ L KK & K &+ 2/9/
+

58

LAW AND MOTION A setting before a judge at which

time a variety of motions, pleas, sentencing, orders to show
cause or procedural requests may be presented. Normally,
evidence is not taken. Defendants must be present.

/ H+ /+K I+
&0/ > 2K 'H+ '2/9/+ '2/+ :
K & > 7+ K &2/)/+ G 2 K+
./ I I+ +

LAW CLERKS Persons trained in the law who assist

judges in researching legal opinions.

1 I+ I9 =+ I 0

LAW ENFORCEMENT AGENT A sworn peace officer

with legal authorization to arrest individuals under
suspicion of breaking the law.

+ I+ > K

LAWSUIT An action between two or more persons in the

courts of law, not a criminal matter.
LAY PERSON One not trained in law.
LEADING QUESTION A question which instructs the
witness how to answer or puts words in his mouth. Suggests
to the witness the desired answer.

.+ 2+ +

/ + 7/+ + ) +
.I+
+ K+ & & - 17
. ) + /
.I 09 - M7
K+ &0/+ M+ G/+ G/
5 M+ G/+ . + 2+
.7+ 0/+

LEASE An agreement for renting real property. Usually

written and for a specific amount of time.

1K /9 17 I & 9/ - 9/

LEGAL AID Professional legal services available usually

to persons or organizations unable to afford such services.

1 & 2 1

.+

.2+ I 2 K+ =

LENIENCY Recommendation for a sentence less than

the maximum allowed.

9+ + I + /

LESSER INCLUDED OFFENSE A crime composed of

some, but not all, of the elements of a greater crime;
commission of the greater crime automatically includes
commission of the lesser included offense.

K + H+ H / H

LETTERS OF ADMINISTRATION Legal document

issued by a court that shows an administrators legal right to
take control of assets in the deceased persons name.

+ 9 K - K

LETTERS OF CONSERVATORSHIP A court paper

that states that the conservator is authorized to act on the
conservatees behalf. Also called Letters.

9 K - - ;9 K+ K

LETTERS OF GUARDIANSHIP The instrument by

which a person is empowered to take charge of the person
and/or estate of minors and insane or incompetent persons,
whenever necessary or convenient.

& K I K K

Legal Glossary
K / 2/ 7

. H+ L+

H 09+ + H 09+ .
.+

F+ &> &+ E+
.

+ D+ 9/ G +
. G+

K+ &J K+ &+ K &+

. K I

59

LETTERS ROGATORY A formal communication, in

writing, sent by a court in which an action is pending to a
court or judge of a foreign country, requesting that the
testimony of a witness who lives within the jurisdiction of
the foreign court may be taken under its direction and
transmitted to the first court for use in the pending action.

& 9 K K7 ;+ K
L+ + K+ / &
17 K+ I+ K+ &+
/ K+ I+K &+ //7
.+ 19+ L+

LETTERS TESTAMENTARY Legal document issued

by a court that shows an executors legal right to take
control of assets in the deceased persons name.

+ 9 K - - K +

LEVY To obtain money by legal process through seizure

and/or sale of property.

.F+ K+/K G+ )/ - /

LEWD CONDUCT Behavior that is obscene, lustful,

indecent, vulgar.

.GK & &/ & D F

LIABILITY Legal debts and obligations.

LIABLE Legally responsible.

F+ &K &+ E+
.

. I7K 2// - K
. GK

LIBEL False and malicious material that is written or

published that harms a persons reputation. See
DEFAMATION.

K+ / 1)+ K+ 5

LIE DETECTOR A machine which records by a needle

on a graph varying emotional disturbances when answering
questions truly or falsely, as indicated by fluctuations in
blood pressure, respiration, or perspiration.

9 1/ M * - 0+ *

. I1K 8 9/

> + 2+K + 2/+

& + + H+ 7 +
. K+ & &7 2

LIEN The right to keep a debtors property from being

sold or transferred until the debtor pays what he or she
owes.

I+ / K+ I+ 9

LIFE IMPRISONMENT A type of sentence where the

convicted criminal is ordered to spend the rest of his or her
life in prison.

/7+ - 1+ L

LIMINE A motion requesting that the court not allow

certain evidence that might prejudice the jury.

/ I+ 7 5+ H + /

LIMINE MOTION A pretrial motion requesting the

court to prohibit opposing counsel from referring to or
offering evidence on matters.

H / + . + /

LIMITATION OF ACTIONS The time period imposed

by law to bring an action in court. (Examplestatutes of
limitation)

I+ : 1 - + :

LIMITED ACTION A civil action in which recovery of

less than a certain amount (as specified by statute) is sought.
Simplified rules of procedure are used in such actions.

+ + L L7 - 17K L7

Legal Glossary
K / 2/ 7

.7 7

.+

.+ L

./ 19+ K+ 7+ +

(+ I :) .+ / L+ 9

2/)/+ + J .(H K ) /
.

60

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.
LINEUP A police identification procedure by which the
suspect to a crime is exhibited, along with others, before the
victim or witness to determine if the victim or witness can
identify the suspect as the person who committed the crime.

LIS PENDENS A pending suit.

LITIGANT A party, or side involved in a lawsuit.
LITIGATION A case, controversy, or lawsuit.

19+ + / 7K )
: . + +K + + 17
.7K ) 2/8 + / F+
& + / +
K+ + H+ &* /K
D+ + K+ + I +
.+ 9+ M+ +
.
.L7 ?9 K+ D -
. L7 &1 & 1

LIVING TRUST A trust set up and in effect during the

lifetime of the person. Also called inter vivos trust.

+ K ./ 1 K K+ 1

LOCALITY DISCRIMINATION Those either giving

undue preference to any locality or subjecting it to undue
prejudice.

+ K+ & + I )+ I

LOCAL RULES A set of rules you have to follow to

start a court case. Every county and court has different local
rules.

.+ + K - +

LOCUS DELICTI The place of the offense.

.+ K K+ 1

.? D

.A+ I

LOITERING To stand idly around, particularly in a

public place.

.H I IK D+

LYNCHING Putting a person to death, usually by

hanging, without legal authority.

. IK H/+

MAGISTRATE Judicial officer with the power to issue

arrest warrants.

+ 9/+ -

MAKE OR DRAW To cause to exist. To fashion or

produce in legal form. To prepare a draft; to compose and
write out in due form, such as a deed, contract, complaint,
answer, petition, etc.

.
E/9K+ 48 K+ .() - K+
K : 48 K '17 .
./ &;+ &0/ &L & &9

MALFEASANCE Performance of an act that should not

have been done at all.

.+ H+ 9

MALICE Ill will, hatred, or hostility by one person

toward another which may prompt the intentional doing of a
wrongful act without legal justification or excuse.

/ K+ &/ &M7K 9 - /

MALICE AFORETHOUGHT Intending to kill another

person or intending to do an act with knowledge that it is
dangerous to human life.
Legal Glossary
K / 2/ 7

+ H// J &* J
. 9 K+ IK
H/+ + K+ & +
1+ I/

61

MALICIOUS MISCHIEF Willful destruction of

property, from actual ill will or resentment toward its owner
or possessor.

K+ / 9 2 - L8+

MALICIOUS PROSECUTION An action with the

intention of injuring the defendant and without probable
cause, and which terminates in favor of the person
prosecuted.

IK7 + )// / 9 - )7+

MALICIOUSLY To annoy, or injure another, or an

intent to do a wrongful act, and may consist in direct
intention to injure, or in reckless disregard of anothers
rights
MALPRACTICE Violation of a professional duty to act
with reasonable care and in good faith without fraud or
collusion. This term is usually applied to such conduct by
doctors, lawyers, or accountants.

. J /K K+ )+

. + + + &

H/+ L K+ & M8 K+ & / //

9 K+ &1)+
.* E
/ /+ + /+ F+ D
./ K+ A/ IKK K G J +
.+ K+ &+ &)+ F / D+

MANDAMUS A writ issued by a court ordering a public

official to perform an act.

H GK / 9 +

MANDATE A judicial command or order proceeding

from a court or judicial officer, directing the proper officer
to enforce a judgment, sentence, or decree.

K+ 97 + K+ & + 9 +

MANDATORY Required, ordered.

9/ + 9+ / &
.H K+ & &
. + &M9+ //

MANSLAUGHTER, INVOLUNTARY Unlawful

killing of another, without malice, when the death is caused
by some other unlawful act not usually expected to result in
great bodily harm.

& IK &AK -

MANSLAUGHTER, VOLUNTARY Unlawful killing

of another, without malice, when the act is committed with
a sudden extreme emotional impulse.

& IK &AK M7/9/

MARIJUANA Cannabis is an annual herb having

angular rough stem and deeply lobed leaves. It is an illegal
drug commonly used through smoke inhalation or ingestion,
the use of which results in prolonged intoxication. Any
person who cultivates, transports, or possesses marijuana,
for personal use or sale, is guilty of a crime, unless they can
assert a proper defense.

&E+ &AK 9

MARIJUANA, defense of compassionate use The

cultivation, transportation, or possession of marijuana is
lawful for compassionate use under certain circumstances,
such as when its medical use is deemed appropriate by a
physician and has been recommended by the physician
orally or in writing, provided it is for the personal use of the
patient and it is a reasonable amount.

Legal Glossary
K / 2/ 7

+ G &AK *
.

./: 9/

. 1 + K &+ GK+ K+
: K+ & K+ &+ A9 M+ +
.G 9 / &I+ H+

/9 I+ - + G+ A7K &+
+ G+ D+ I /8+ :K &K &+
K I I & DK
. K + + G I I+ ?

62

MARSDEN MOTION A minor who is represented by

appointed counsel requests the Court to remove the attorney
and appoint new counsel if the minors right to effective
counsel would be substantially impaired by continuing with
the original attorney.

&+ & H

MASSIAH MOTION-A motion to exclude fraudulently

obtained confessions.

.A/+ G+ 2// 7+

MASTER An attorney who is appointed by the judges of

a circuit court with the approval of the Chief Judge of the
Court of Appeals, to conduct hearings and to make finding
of facts, conclusions of law, and recommendations as to an
appropriate order.

1 9 / &9K7 1

K 9+ + I/ +
+ + J, I /8/ &/*
.

K + 2 7 &+ +
.+ H+ 2+K &/+K &+

MATERIAL EVIDENCE That quality of evidence

which tends to influence the judge and/or jury because of its
logical connection with the issue.

K+/K + + 19+ 7 - + 7

MATERIAL WITNESS In criminal trial, a witness

whose testimony is crucial to either the defense or
prosecution.

&+ M 7 I +

MAYHEM A malicious injury which disables or

disfigures another.

./7 K+ /

MEDIATION A process in which people that are having

a dispute are helped by a neutral person to communicate so
they can reach a settlement acceptable to both.

: D

MEMORANDUM OF COSTS A certified, itemized

statement of the amount of costs after judgment.
MEMORIALIZED To mark by observation in writing.

. + +

.)7+ H+ A+ I )/ &

. / G+K /+
M &E I - 9+ 1
.+ &9/
.+ IK - 1/

MENACE A threat; the declaration or show of a

disposition or determination to inflict an evil or injury upon
another.

& 9+ K+ &H - K &

MENS REA The guilty mind necessary to establish

criminal responsibility.

K+ 2 M9K+ /+ + - /+

MENTAL HEALTH The wellness of a persons state of

mind.

.+ L + - + +

Legal Glossary
K / 2/ 7

.* + +

.H/

63

MENTAL INCAPACITY Where a person is found to be

incapable of understanding and acting with discretion in the
ordinary affairs of life due to a loss of reasoning faculties.

+ 19 H - + + K+ + H//

MENTAL STATE Capacity or condition of ones mind

in terms of ability to do or not to do a certain act.

K /K + + +

MERITS A decision on the merits is one that reaches

the right(s) of a party, as distinguished from disposition of a
case on a ground not reaching the right(s) raised in an
action.

" 9/+ I+ G 19/ K+ E/

I/ & D+K 7+ 1+ 9+
.+K / 2

+ E I+ / "19/+ K+ E+
2+ H / / 8K &+ +
.+ 19+ E+

MINOR A child under the age of 18 years. (See also

JUVENILE).

(3+ :+ +) . + -

MINUTE ORDER Document prepared by the clerk

recording the orders of the clerk.

/K+ + K /K+ K

MIRANDA RIGHTS Requirement that police tell a

person who is arrested or questioned their constitutional
rights before they question him or her: specifically, the right
to remain silent; that any statement made may be used
against him or her; the right to an attorney; and if the person
cannot afford an attorney, one will be appointed if he or she
desires.

D+ / I+ + / E

MIRANDA WARNING See MIRANDA RIGHTS.

MISDEMEANOR A crime that can be punished by up to
one year in jail.
MISTAKE Some unintentional act, omission, or error
arising from ignorance, surprise, imposition, or misplaced
confidence.
MISTRIAL A trial that has been ended and declared void
(of no legal effect) due to prejudicial error in the
proceedings or other extraordinary circumstances.

. I+

:/ 1+ 9+ 0+ K+
5 H L+ I/K & I &
J I/K & I K &J +
9 /8+ & 2+
.8
./ E :+ /
.+ L H -
K+ &G+ K+ D .7
K+ & > K+ &1
.
+ K -
2/)/+ 9 ( + M+ )
&7 L/ DK K+ +

MITIGATING CIRCUMSTANCES Facts which do not

constitute a justification or excuse for an offense but which
may be considered as reasons for reducing the degree of
blame.

K &H / K+ /9 DK

MITIGATING FACTORS Facts that do not constitute a

justification or excuse for an offense but which may be
considered as reasons for reducing the degree of blame.

K &H / K+ /9 / /

MITIGATION OF DAMAGES Imposes on the injured

party duty to minimize his damages after injury has been
inflicted.

9+ + > 2/K -

Legal Glossary
K / 2/ 7

.H/ 97 I

.H/ 97 I

64

MITTIMUS The name of an order in writing, issuing

from a court and directing the sheriff or other officer to take
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.
MODIFICATION A spoken or written request that one
side makes to ask the judge to make a decision or an order
on a specific point.
MOOT A point or question related to a legal case that
usually has no practical importance or relevance to the case.
A moot point is a point that cant be resolved by the judge,
is not disputed by either side, or is resolved out of court.

1 J9 + -
/ K+ &+ / + &* 9 K+ +
+K &3/+ + / K+ &+ >/+
+ & * K+ +
.I+ J 9 / K
/9 + + H K+
. G + 9/+ K+ 9/ 8 +
+ G
G .L K K+
+ K+ &+ A: &+
.)+ 49

MORAL TURPITUDE Immorality. An element of

crimes inherently bad, as opposed to crimes bad merely
because they are forbidden by statute.

/ .+ + ?+ /7

MOTION Oral or written request made by a party to an

action before, during, or after a trial asking the judge to
issue a ruling or order in that partys favor.

& + + H K+

/ /+ D &
. I

9 I+ + & K+ &+
. /+ K+

MOTION DENIED Ruling or order issued by the judge

refusing the partys request.

.+ + 9 + - >

MOTION GRANTED Ruling or order issued by the

judge approving the partys request.

/+ + - - /

MOTION IN LIMINE A written motion which is

usually made before or after the beginning of a jury trial for
a protective order against prejudicial questions and
statements.

/ K+ 17+ H

.+ +

+ + 9/ &
. 2 K+

MOTION TO QUASH A request to make something

null or ineffective, such as to quash a subpoena.

.9+ 1 1 & G/ - )+

MOTION TO SEVER A request usually by defense, to

have a separate trial as to either jointly tried defendants or
jointly charged counts.

A+ + / H &17+

MOTION TO SUPPRESS A request to suppress as

evidence at trial things or statements obtained as a result of
an allegedly illegal search and seizure (commonly referred
to as 1538.5 PC motions.)
MUGSHOT Pictures taken after a suspect is taken into
custody (booked), usually used as an official photograph by
police officers.

Legal Glossary
K / 2/ 7

+ /K /9
. K+ &1/K
&2 K+ )+
. G+ I/ : &+
.( 1538.5 9 I :0 / 9)
&JK 19 D+ 19
.+ L + 19+ K

65

MULTIPLICITY OF ACTIONS Numerous and

unnecessary attempts to litigate the same issue.

2/ 1 L+ 19K K MK+ 7

MURDER The unlawful killing of a human being with

deliberate intent to kill.

* + +

MURGIA MOTION A request made by defense counsel

to dismiss based on a group of people being systematically
discriminated against.

H )+ / 9

./K

.K9

. ;+ + A+

NECESSITY Controlling force; irresistible compulsion;

a power or impulse so great that it admits no choice of
conduct.

/7 K+ &1 L 9 D - 19K

NE EXEAT A writ or court order which forbids the

person to whom it is addressed to leave the country, the
state, or the jurisdiction of the court.

/ + + 4K

NEGLECT Absence of care or attention in the doing or

omission of a given act.

K+ & J+ K+ &H+ 0

NEGLIGENCE When someone fails to be as careful as

the law requires to protect the rights and property of others.

E I I+ G/

NEGOTIABLE INSTRUMENTS A written and signed

unconditional promise or order to pay a specified sum of
money on demand or at a definite time payable to the
bearer.

&K 0 + K+ - K/ 2/

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.

IKK /8 ) - 0+

NO BILL This phrase, endorsed by a grand jury on the

written indictment submitted for approval, means that the
evidence was found insufficient to indict.

.+ K+ 1 K+ &HK

+ + 7K K+ &+ K+ &+ 197>

. H

.I+ 2 K &+ F+K

K &? IK & / G+ 7 7
.17K 1 G K+ &+

K+ & &() 9 9
+ H K 19 M8 I+
.L K+ 19 I+ K+ &9
L 5+ - L
7+ I+ K & /+ &H+
.9 /

NO-CONTEST CLAUSE Language in a will that is

meant to keep people from challenging the will. It says that
if a person challenges the will and loses, the person gives up
anything he or she would have inherited.

K K + L

NO-FAULT PROCEEDINGS A civil case in which

parties may resolve their dispute without a formal finding of
error or fault.

IK D/+ A/+ /+

NOLLE PROSEQUI Decision by a prosecutor not to go

forward with charging a crime. It translates, I do not
choose to prosecute. Also loosely called nolle pros.

+ H H+ + J 9/ +

Legal Glossary
K / 2/ 7

/8+ GK & + ;+
.3/+ M+ G: I+ K

. K+ 9 2/

.H+ 2/)/+

66

NOLO CONTENDRE Same as pleading guilty, except

that your plea cannot be used against you in civil court. This
can only be used in traffic or criminal court. From the Latin
for I do not wish to contend.

NOMINAL PARTY One who is joined as a party or

defendant merely because the technical rules of pleading
require his presence in the record.
NON COMPOS MENTIS Not of sound mind; insane.

& 9/ K &+ 19 "G7+ "

&+ + K + K
. J+ + + + K

I I+ 7 / - D
+ L7 I & +
.J7K IK
.G '

NON-CAPITAL CASE A criminal case in which the

allowable penalty does not include death.

.H/

NON EST (INVENTUS) A return of process when the

sheriff could not find the person who is to be served. Latin
meaning not to be found.

1 + 19 - + /
/ K /7 + )
.J / &+ /

NON OBSTANTE VERDICTO (N.O.V.) A verdict

entered by the judge contrary to a jurys verdict.

M+ + / 5+ / 9/+ 9

NONSUIT The name of a judgment given against a

plaintiff when he is unable to prove a case, or when he
refuses or neglects to proceed to trial and leaves the issue
undetermined.

+ 19+ J L+

NOT GUILTY The form of verdict in criminal cases

where the jury acquits the defendant.

&+ + M+ +

NOT GUILTY BY REASON OF INSANITY The jury

or the judge must determine that the defendant, because of
mental disease or defect, could not commit the offense.

+ K+ + 9/ I+

.+ 9/ + J9

K+ K+ & 2+
. L+

.+ &

. K+ > + + I+

NOTARY PUBLIC A person authorized to certify a

persons signature, administer oaths, certify that documents
are authentic, and take depositions.

K &;+ / G G+

NOTICE Written information or warning. For example, a

notice to the other side that you will make a motion in court
on a certain date.

D+ /9+ : . K+ 2 /9+

NOTICE OF MOTION A notice to the opposing party,

that on a certain date a motion will be made in court.

/ H I+ + D+ /9+ 9+

NOTICE TO PRODUCE A notice in writing requiring

the opposite party to produce a certain described paper or
document at the trial, or in the course of pre-trial discovery.

K+ + &+ / 9+ K ://

Legal Glossary
K / 2/ 7

.2/7/ +K &+ K &2/

. 9 + / +

. 9 +

. K :// & )+

67

NUISANCE That activity which arises from

unreasonable, unwarranted or unlawful use by a person of
his own property, and producing such material annoyance
resulting in damage.

49 K+ &9 5 K+ ? - 4:/

NULL AND VOID Having no force, legal power to bind,

or validity.

K+ &1 K+ M+ K B

NULLITY A legal action that say s a marriage never

existed and the persons are still single. (Compare
DISSOLUTION.)

K 4/K+ I+ )/+ 4/K+ I

O
:0 I9!( .I: I/ / I+K &//

NUNC PRO TUNC When a court order is issued on one

date, but is effective as of a date that is in the past. From the
Latin for now for then.

K &H/ 9 + J9 9/ 9 9/

NUNCUPATIVE WILL An oral (unwritten) will.

:/ & H &G+ 7K
. L8+K

.H/+K

.(4/K+

I+ :K + . 9 G+ M9 I
.F/* K
.(19 ) K

OATH When a witness promises to tell the truth in a

legal proceeding.

G + & M+ + +

OBJECT To protest to the court against an act or

omission by the opposing party.

+ :+ / + > - >

OBJECTION A formal protest made by a party over

testimony or evidence that the other side tries to introduce
in court.

K+ 17 + + 9 4/ >//

OBJECTION OVERRULED A ruling by the court

upholding the act or omission of the opposing party.

D+ D K+ + - > >//

OBJECTION SUSTAINED A ruling by the court in

favor of the party making the objection.

.>+ + G >//

OBSCENITY Conduct tending to corrupt the public

morals by its indecency or lewdness.

+ E+ / F - 9/

OF COUNSEL A phrase commonly applied to counsel

employed to assist in the preparation or management of the
case, or its presentation on appeal, but who is not the
principal attorney for the party.

+ + 5+ / - / +

OFFENDER One who commits a crime, such as a

felony, misdemeanor, or other punishable unlawful act.

K+ & K+ & & I+

Legal Glossary
K / 2/ 7

.+ D+ H G+ K+

. + D+ GK 7

.+

.K J9/

&D+ / 9 K+ & 19/7/ K+ 7//

.+ / K

.I+ M+
.I / H

OFFENSE An act that breaks the law.

OFFENSIVE WORDS Language
displeasing or annoying language.

.+

that

offends;

.K &19 & 8 2 2

68

OFFER OF PROOF Presentation of evidence to the

court (out of the hearing of the jury) for the courts decision
of whether the evidence is admissible.

0 &+ / 7 7 >

ON A PERSONS 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.

K+ 7 IK )+ + J

ONE-THIRD THE MIDTERM RULE The rule that

limits a person sentence when they have been convicted of
multiple offenses.

1 / I - 1+ H

OPENING ARGUMENT The initial statement made by

attorneys for each side, outlining the facts each intends to
establish during the trial.

+ M+ K+ I+ + /+

.9 K+ 9 &+

.+ / 17 K ) /

.17 2

.+ 7+ +

OPENING

.+ <+ :+ - + I+

OPINION A judges 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.

9/ K+ + 9/ 5 + I - L+9

OPINION EVIDENCE Witnesses are normally required

to confine their testimony to statements of fact and are not
allowed to give their opinions in court. However, if a
witness is qualified as an expert in a particular field, he or
she may be allowed to state an opinion as an expert based
on certain facts.

K 17 I+ 7 17+ M+ 17

OPENING
STATEMENT
ARGUMENT.

See

+ L+9 + L++ .1+ +

L++ .9/+ / + .7+ K+/K +
2 H K + 9/ / M+ +
. L+9 : FK ./

K & I+ &+ K M+
/9 )/ G / + I /8+
. /

OPPOSITION (1) act of opposing or resisting. (2)

confronting another.

L K+ / (2) .HK K+ (1) //

ORAL ARGUMENT The part of the trial when lawyers

summarize their position in court and also answer the
judges questions.

I/ + ) 1

ORAL COPULATION the act of copulating the mouth

of one person with the sexual organ or anus of another
person, however slight. Penetration of the mouth, sexual
organ or anus is not required.

4 G/ + G/

.+ + IK7K &L+

19K . I + J K+ *
.4+ K+ + + G7

ORDER TO SHOW CAUSE Court order that makes

someone go to court to explain to the judge why he or she
did not follow the rules.

G / + + + )//

ORDER, COURT (1) Decision of a judicial officer; (2) a

directive of the court.

+ (2) . 9/ (1) +

Legal Glossary
K / 2/ 7

. /8 + / 5 +

.+

69

ORDINARY NEGLIGENCE The failure to use that

degree of care which the ordinary or reasonably prudent
person would have used under the circumstances and for
which the negligent person is liable.

&J+ 97 G - M7 G/

ORDINANCE A regulation made by a local government

to enforce, control, or limit certain activities.

+ + + - I

/K & D &M7
./ K +

. K+ & 1/ K+ & G+ K+ 2

ORIGINAL JURISDICTION The court in which a

matter must first be filed.

.K+ / 1/ 9 / + + )+

OVERRULE A judges decision not to allow an

objection. A decision by a higher court finding that a lower
court decision was wrong.

9/ .>/ 5/ H + -
I A+ I+ + +
.
. :+

OVERRULED See OVERRULE.

OVERT ACT An open act showing the intent to commit
a crime.

. 09/ +

OWN RECOGNIZANCE Release of a person from

custody without the payment of any bail or posting of bond.

K+ + 7 IK )+
.

of

.19+ G+ - )+ 1

PARALEGAL A person with legal skills, but who is not

an attorney, and who works under the supervision of a
lawyer or who is otherwise authorized by law to use those
legal skills.

K & 2/9 J I

PANDERING
prostitution.

Pimping.

Arranging

for

acts

G + K+ & D/+ K &

.+ /9 G

PARDON When the chief executive of a state or country

releases a convicted person from the punishment given him
or her by a court sentence.

&/7/ & 9 / 9

PARENS PATRIAE The power of the state to act in the

parents place to protect a child or his or her property.

/+ D+ / /+

PAROLE Supervised release of a prisoner that allows the

person to serve the rest of the sentence out of prison if all
conditions of release are met.

I+ M+ 4/+ ?K )/

PAROLE EVIDENCE Oral or verbal evidence rather

than written. The Parole Evidence Rule limits the
admissibility of parole evidence which would directly
contradict the clear meaning of terms of a written contract.

I+ . ?K )/ 7+

PARTY One of the sides of a case. The person who

started the case is called the plaintiff or defendant. The
person being sued is called the defendant or respondent.

Legal Glossary
K / 2/ 7

.+ K+ K

// K + 49 + 1+
. 4/ + ?K+ 2

/8/

7+ G / "?K )/ 7+ I"
?K + + 1 >9 M+ +
.
9 L+ + . D/+ + D
."+" / +K &"+" +

70

PAT DOWN SEARCH A limited search of the outer

clothing of a person in an attempt to discover weapons
which might be used to assault the officer and may be
conducted if the officer has a reasonable belief that the
detained person is armed and dangerous.

/ 0 9 +
/ / I / 7 K 9+
/8/ + / H+ K &+ H/
+ I+ G 7/ + L I
.K

PATENT A government grant giving an inventor the

exclusive right to make or sell his or her invention for a
term of years.

K+ A / A/+ 1)/

PATERNITY Who the birth (biological) parents of a

child are.

. J+ I/+ + M+ 1+

PEACE OFFICER Includes sheriffs and their deputies,

members of the police force of cities, and other officers
whose duty is to enforce and preserve the public peace.

+ )+ &J,KK + 8 + 9

PENALTY Punishment for breaking a law.

.2/ 1 //

+ + /K 9 M+K &+
.K H+
.I+ F+ -

PENALTY ASSESSMENT An amount of money added

to a fine.

./ / D G+ +

PENALTY OF PERJURY Circumstances under which a

person takes an oath that he will testify, declare, depose or
certify truthfully.

I M+ + 9K+ 17

PENDING The status of a case that is not yet resolved by

the court.

.)+ K+ L7

PENETRATION, UNLAWFUL Unlawful insertion of

the male part into the female parts, however slight an
extent.

+ AK G7/ AK G7+

PENITENTIARY A prison or place of confinement

where convicted felons are sent to serve out the term of
their sentence.

.+ 1 I+ 3/+ +

PEOPLE (PROSECUTION) A state, for example, the

People of the State of California.

:G &9 K - (H+ )7+) +

PER CURIUM OPINION An unsigned OPINION of the

court.

. L+9

PEREMPTORY CHALLENGE The right to challenge

a juror without assigning a reason for the challenge.

IK + M + +

PERJURY A false statement made on purpose while

under oath in a court proceeding.

17 M/ )7+ 9K+ 17

Legal Glossary
K / 2/ 7

. / +

. I &+ )+

.9 K

.+

.+ I

71

PERMANENCY HEARING The hearing for children

placed in or awaiting placement in foster care who were
under age three at the time of detention, and for all children,
to monitor the welfare of the child, evaluate the parents
reunification efforts and establish a permanent plan for the
child.

G+ /7 7
K+ 9 /K + 9+
7K+ K &/+ &
/+ / 7+ E K K/ /
/7 K K+ & / 7K+
.7K+

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 RESTRIANING ORDER or
PRELIMINARY INJUNCTION.

> + /7 M K+ M: +

PERMANENT PLANNED LIVING ARRANGEMENT

(PPLA) . One of the permanent plans that may be
ordered for a child who is not returned to parental custody
(formerly long term foster care).

+ /+ + L+ /7

PERMANENT RESIDENT One who lives in a location

for a period of time and indicates that it is their official
address or residence.
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. (See
STATUS OFFENDERS.)

K ./7 19 K+
. M K+ M: + + 4+ G+

) ./+ I +
.(+ :
9K + 1 /K /+ +
./ / + /
H 9/ + 3 /
( K) . 7 + I & K
H/ 2 ./+ I //
F/ & IK 9+ 7+ + +
2+ J .+ 0K+

K+ &G+ H

./+ 3+ K &/
3/+ K+ 7K+ :H+ L+ 2K
+ 0K+& H+ +) ./

PERSONAL PROPERTY Things that you own and can

move, like furniture, equipment, or paintings.

K+ &2/ &3 2

PERSONAL RECOGNIZANCE Pre-trial release based

on the persons own promise that he or she will show up for
trial (no bond required). Also referred to as release on own
recognizance or ROR. (See ON A PERSONS OWN
RECOGNIZANCE.)

IK &+ -

PERSONAL REPRESENTATIVE A person picked by

the court to collect, manage and distribute a persons
property (estate) when they die. If named in a will, that
persons title is an EXECUTOR . If there is no valid will,
that persons title is an ADMINISTRATOR.

K + J9 + +

Legal Glossary
K / 2/ 7

.29

K + L I K )K &
.+

/9 + / I /8+ . A:K
&K + F /8/K .+ : I &+
.+ :+ I

72

PETIT JURY or (TRIAL JURY) A group of citizens

that listen to the evidence presented by both sides at trial
and figure out the facts in dispute. Criminal juries are made
up of 12 people; civil juries are made up of at least 6
people.

/ I /+ L
IK9K & + 7+
+ + + )+ 7 I .A/+
7 I + + + & /
.

PETITION A court paper that asks the court to take

action. For example, in juvenile cases, the Petition starts the
court case. (Compare MOTION.)

: . )/+ 8 + 9K - ;/
.( :0 I9) .; + + 3/+

PETITIONER A person who presents a petition to the

court.

.+ / / H M+ / +

PETTY OFFENSE An offense for which the authorized

penalty does not exceed imprisonment for 3 months or a
fine of $500.

9 + L H - H

PETTY THEFT The act of taking and carrying away the

personal property of another of a value usually below
$100.00 with the intent to deprive the owner of it
permanently.

+ 2/8 &* + 1

PIMP (1) the act of getting customers for a whore or

prostitute; (2) one who gets customers for a whore or
prostitute.

: (2) ' K+ 1 : (1) 7/

PITCHESS MOTION A request made by the defendant

for discovery of a peace officers personnel file with regards
to any complaints or acts of excessive force and violence.

+ + + H -

PLAINTIFF The person or company that files a lawsuit.

PLEA In a criminal case, the defendants statement
pleading guilty or not guilty in answer to the charges.
(See also NOLO CONTENDRE).
PLEA BARGAIN An agreement between the prosecutor
and the defendant. It lets the defendant plead guilty to a less
serious charge, if the court approves.
PLEAD To admit or deny committing a crime.

.$500 / K+

I / K &9K7
./7

. K+ 1

G 7K &+ =+
.7+ / MK K+ 1 K+
. L7 K+ +
+ + 79 + 79
. / K+ & // I I+ &/ +
H+ )7+ + - + 79 K
D/ &+ / &+K
.19 +
. K+ D - H+ /7

PLEADING Written statements filed with the court that

describes a partys legal or factual claims about the case and
what the party wants from the court.

D + / I I

POLLING THE JURY A practice in which jurors are

asked individually whether they agree with the final verdict
in the case they just decided.

9/ + H +

POLYGRAPH Lie detector test and the apparatus for

conducting the test.

.0+ *K &0+ 0+

Legal Glossary
K / 2/ 7

.+ /8K 7/ K+ +

/K + &+ / +
.+ 9// / I+ J9K7 )+

73

POSSESSION OF DRUGS The presence of drugs on the

accused for recreational use or for the purpose to sell.

1: 2/9 7K - 2/9 1:

POST CONVICTION A procedure by which a

convicted defendant challenges the conviction and/or
sentence on the basis of some alleged violation or error.

K+ /7+ + H )/+ /7+

POSTPONEMENT To put off or delay a court hearing.

. K+

.. + K+ ) +
. K+

POUR-OVER WILL A will that leaves some or all

estate property to a trust established before the will-makers
death.

K+ &F+ /) F K K

POWER OF ATTORNEY Formal authorization of a

person to act in the interest of another person.

D 9 9 'K

PRAYER- A request of the court to grant the process, aid,

or relief which the complainant desires; also, that portion of
a document containing such request.

I+ + / + )9

PRECEDENT A court decision in an earlier case that the

court uses to decide similar or new cases.

+ 9/ K + J 9/

PREINJUNCTION Court order requiring action or

forbidding action until a decision can be made whether to
issue a permanent injunction. It differs from a
TEMPORARY RESTRAINING ORDER.

+ M K+ M: +

.K + + + / F+

. *

+ + 5+ . 8+K
.)+ / +

& H+ K+ H I+
./7 M K+ M: + 9/+ G 9/ + +
" " M K+ M: +" M+ + /K
." M K+ M: +

PREJUDICE When an act or decision affects a persons

rights in a negative way.

.I/ E 9/ K+ 9 '

PREJUDICIAL ERROR Synonymous with reversible

error ; an error which authorizes the appellate court to
reverse the judgment before it.

.7K7 G D7/ 5+ 9

PREJUDICIAL EVIDENCE Evidence which might

unfairly sway the judge or jury to one side or the other.

K+ + / I/ 19

PRELIMINARY HEARING The hearing available to a

person charged with a felony to determine if there is enough
evidence (probable cause) to hold him for trial.

9 & 1 /

PRELIMINARY INJUNCTION In civil cases when it

is necessary to preserve the status quo prior to trial, the
court may issue this or a temporary restraining order
ordering a party to carry out a specified activity.

I+ + + M9K+ M +

Legal Glossary
K / 2/ 7

.+ + / D+

. + IK7 D / I +

(K/ ) 7+ F I /8/
.

+ 9 I+ &+ / /+ +
/+ K+ /+
.7 D

74

PREMEDITATION The planning of a crime before the

crime takes place, rather than committing the crime on the
spur of the moment.

9/ & 09 9/+

PREMISES That which is put before; that which

precedes; the foregoing statements.

.+ 2+ ' ' K 2+

PREPERMANENCY HEARING The hearing

conducted according to Welfare and Institutions Code
Section 366.21(e) for foster care placement children who
were over age three at the time of detention, to monitor the
welfare of the child and evaluate the parents reunification
efforts.

I - /7 7/

.A/

G 7 (M/) 366.21 9 <+K 2+

K &/+ + 9+
7K+ /+ 7 K &9 /
./

PREPONDERANCE OF THE EVIDENCE To win a

civil case, the plaintiff has to prove that most of the
evidence is on his or her side.

I+ I+ & L7 &+ + I9

PRESENTENCE REPORT A report prepared by the

probation department for the judge when sentencing a
defendant. Describes defendants background: financial,
job, and family status; community ties; criminal history; and
facts of the current offense.

/ K+ 1/+ J + I

. 7+

K ' &+ &9+ 1

'+ 9 '+ 9/ '+ K &+
9 + / K &+ M+ H+ K
.

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 crime. A
presentment differs from an INDICTMENT.

K K+ I/ (2 ) 9/
/ 08 + )+ K7 / 2 L
2/K 7 )+ + + I9 I
H 2+ J M 17+ K .
.H+ K & 9

PRESUMED FATHER A man who is married to the

mother of the child, who has signed a declaration of
paternity, or has received the child into his home and held
the child out to the community as his child, whether that
man is the biological father of the child, or not.
PRESUMPTION An inference of the truth or falsity of a
proposition or fact, that stands until rebutted by evidence to
the contrary.
PRESUMPTION OF INNOCENCE A hallowed
principle of criminal law that a person is innocent of a crime
until proven guilty. The government has the burden of
proving every element of a crime beyond a reasonable
doubt and the defendant has no burden to prove his
innocence.
PRESUMPTION OF LAW a rule of law that courts and
judges shall draw a particular inference from a particular
fact, or from particular evidence.

Legal Glossary
K / 2/ 7

I/ K K + 1/K 4K 9 > 0+
/ KK + /K + + I/ K+ &+
. K+ + I )/ &JK

9 /K K+ K+ E 4+
.8 7+
; + /7/ . -1)/+ >//
2/ + .+ I+
A/ K &G G F IK +
.1)/+ 2/
4 H
. 7+ K+ /K

75

PRETERMITTED CHILD A child born after a will was

written, 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.
PRETRIAL CONFERENCE Any time both sides of the
case go to court before trial. In criminal cases, its usually
when the defendant and prosecutor talk about settling the
case.
PRIMA FACIE CASE A case that is sufficient and has
the minimum amount of evidence necessary to allow it to
continue in the judicial process. From the Latin for from
first view.
PRINCIPAL The source of authority or right.
PRINCIPALS Persons who are involved in committing
or attempting to commit a crime. Includes those who
directly and actively commit or attempt to commit the
crime, or those who assist (aid and abet) in the commission
or attempted commission of the crime.

& K K K G+ +
.7K+ ) + 2+ K

+ + A/ + A/
A+ H+ )7+ + + ./
./
/ K + + 5+ K+ 1+
:+ 7+ 7+ +
.)+
. K+ 9 +
09+ I9 =+ + /K+ /
1+ + MK8 &9/ K K+
/K K /K K+ &9/ K K+ 9/
.9+ K K+ 9/

PRINCIPLE TERM Greatest term of imprisonment

imposed by the court on any one count, imposed of base
term plus any enhancements, to which subordinate terms are
added.

+ 9 1 + K 9 1

PRIORS Term meaning previous conviction(s) of the

accused.

. 2/7/ /

PRIOR CONVICTION As used in Superior Court

pleadings, an allegation that defendant has previously been
imprisoned.

/ L7 9 5+ - /7+

PRIOR INCONSISTENT STATEMENT In evidence,

these are prior statements made by the witness which
contradict statements the witness made on the witness stand.

+ I+ 9 17

PRISON A federal or state public building or other place

for the confinement of persons. It is used as either a
punishment imposed by the law or otherwise in the course
of the administration of justice. Also known as penitentiary,
penal institution, adult correctional institution, or jail.

/ + 1+ ) / 1
.+ 7+ 7/K &17+ +

. I + I+ / K

/ 7 G/ 5
.+
/9+ 7+ K+ 7 ) (+)

'/ '3/+ + :+ K .+
K+ I+ > (+) . K+ '+ 5+
.+ + 19/7+

PRIVACY, RIGHT OF The right to be left alone; the

right of a person to be free from unwarranted publicity.

&K F I+ I+ 2+

PRIVILEGE An advantage not enjoyed by all; a special

exemption from prosecution or other lawsuits. (See also
IMMUNITY.)

= )/ .;+ + :+

Legal Glossary
K / 2/ 7

.H+ G+ K+/K I I+K

( :+ +) . L7 9 K+ )7+

76

PRIVILEGED COMMUNICATIONS Confidential

communications to certain persons that are protected by law
against any disclosure, including forced disclosure in legal
proceedings. Communications between lawyer and client,
physician and patient, psychotherapist and patient, priest,
minister, or rabbi and penitent are typically privileged.

J 2 (1) - 1: 2
1 H+ 5+ H
7 2 (2) . )/+
K+ &K &K &K
2+ J .9 I+K H K+
. 5+ H :+ M+ 1: 2

PRIVITY Mutual or successive relationships to the same

right of property, or the same interest of one person with
another which represents the same legal right.

GK K+ F + + +

PROBABLE CAUSE A good reason to believe that a

crime has or is being committed; the basis for all lawful
searches, seizures, and arrests.

)/ & 7 7 G

2/8 + K+ & /
+ E+

&+K &+ / 1 K &3 / K+

./,

PROBATE The judicial process to determine if a will of

a dead person is genuine or not; lawful distribution of a
decedents estate.

/ :K &+ )/+

PROBATE COURT The court with authority to deal

with the estates of people who have died.

2+ + J 3/+

PROBATE ESTATE All the assets in an estate that are

subject to probate. This does not include all property. For
example, property in joint tenancy are not part of the
probate estate.

.3/+ + 2+ 3/+

PROBATION A sentencing alternative to imprisonment

in which the court releases a convicted defendant under
supervision of a probation officer that makes certain that the
defendant follows certain rules, for example, gets a job, gets
drug counseling.

5/ + -9/ 1

.+ 9+ 3/+

. 1K

.+ F+ 3/ 2+

/+ / I+ H+
H + I H:+ GK+
79+K / 2 9K & 7 >K+
.2/9+

PROBATION BEFORE JUDGMENT (PBJ) A

conditional avoidance of imposing a sentence after
conviction.

.?K /7+ + M7 + 9+ 1

PROBATION DEPARTMENT The department that

oversees the actions of those who are on probation as well
as the location of where probation officers work.

K+ 1/+ 9/ 1 / 1/7
M+ I+ ./+ F /

PROBATION OFFICER One who supervises a person

placed on probation and is required to report the progress
and to surrender the them if they violate the terms and
conditions of the probation.

&+ F HK /9 I+ + K

PRO BONO Legal work done for free. From the Latin
meaning for the public good.

Legal Glossary
K / 2/ 7

./+ ?
&9+ 1 / H /+
.9+ 1 ?KK H + /8+ 2+ / K+

) 5+ . +
.+ +

77

PROCEDURAL LAW The method, established

normally by rules to be followed in a case; the formal steps
in a judicial proceeding.
PRODUCTS LIABILITY Refers to the legal liability of
manufacturers and sellers to compensate buyers, users and
even bystanders for damages or injuries suffered because of
defects in goods purchased.

.+ K + / - 2/)/+ I
. )/+ + 2/+
+ + K+ / 2+ K
+ / 2 7 I+K +
2+ 3K + K +K
./

PROFFER An offer of proof as to what the evidence

would be if a witness were called to testify or answer a
question.

+ I 7 > > K+

PRO HAC VICE for this one particular occasion. For

example, an out-of-state lawyer may be admitted to practice
in a local jurisdiction for a particular case only. From the
Latin meaning for this turn.

:K + + 5/ + 1+ J

PROHIBITION: Act or law that forbids something.

PROMISSORY NOTE A written document that says a
person promises to pay money to another.
PROOF Any fact or evidence that leads to a judgment of
the court.

.7 7 K+ 0/ + /

L+ K : .+ + J
&J7K 49 1/7 / I
.
. + - '
/ /K K
.*
U
.+ / M7 K+ 7 M+ 2+ 'I

PROOF OF SERVICE A form filed with the court that

proves that court papers were properly delivered to
someone.

/ E/9K+ 48 I

PRO PER Person who presents their own cases in court

without lawyers (See also IN PROPIA PERSONA and PRO
SE.)

. IK /

PROPERTY Something tangible or intangible that

someone holds legal title.

)/ & K + K+

PRO SE Person who presents their own cases in court

without lawyers (See also PRO PER and PRO SE.)

. IK /

PROSECUTING ATTORNEY A public office who

prosecutes criminal cases for the state. See PROSECUTOR
and DISTRICT ATTORNEY.

K+ L 9 H+ )7+

PROSECUTION The party that starts a criminal case

and files criminal charges. The prosecution is the lawyer for
the state. A common name for the states side of the case.

/ K + M+ D+ H+ )7+
D+ .+ .+

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 file charges.

K + + + .+

Legal Glossary
K / 2/ 7

.+ K &

.; K+ + / I

.+ + + + LK+

.+ + /
+ K K+ H+ +
.K H+ E/9K+

78

PROSTITUTION The performance or agreement to

perform a sexual act for hire.

.G+ E+ )+

PROTECTIVE ORDER A court order to protect a

person from further harassment, service of process, or
discovery.

19 2 + K +

PRO TEM A temporary assigned official with authority

to hear and decide cases in a court.

A 9

PROXIMATE CAUSE The act that caused an event to

occur.

.37+ AK / L7+ M+ /

PUBLIC DEFENDER A lawyer picked by the court to

represent a defendant who cannot afford a lawyer.

A + J9 H A7

PUNITIVE DAMAGES Money awarded to an injured

person, over and above the measurable value of the injury,
in order to punish the person who hurt him.

&0 G+ - K+ / 2

.D/ K+ & )/+ K+ &+

.2/9// +K +

. 7 2+

M+ + 8K + EK L
.8+

PURGE To clean or clear, such as eliminating inactive

records from court files; with respect to civil contempt, to
clear the noncompliance that caused the contempt finding.

2 2+ K+ -

QUANTUM MERUIT Latin meaning as much as he

deserves, and describes the extent of liability on a contract
implied by law.

K L K &+ 9

QUASH To overthrow, to vacate, to annul or make void.

/:/ &+ I + ' G

.I 2

.I+ +
. &B K+ &

QUASI JUDICIAL Authority or discretion vested in an

officer whose actions are of a judicial character.

9 D K+

QUID PRO QUO Something for something; giving one

valuable thing for another.

&+ 2/8 &* )+ +

QUO WARRANTO A writ issuable by the state, through

which it demands an individual show by what right he or
she exercises authority which can only be exercised through
a grant from the state or why he or she should not be
removed from a state office.

M I+ 7 + 9 +

RAP SHEET A written summary of a persons criminal

history.

. + 9+ 9K

RAPE Unlawful intercourse with an individual without

their consent.

+ / IKK K 1 0+

RAPE, STATUTORY See STATUTORY RAPE.

. G H

.+ K+

/8K &+ / ;9
.+ K K+ H

./
+ IK7 K+ I + G+
.+ G /8+ + +

Legal Glossary
K / 2/ 7

79

RATIFICATION The confirmation or adoption of a

previous act done either by the party himself or by another.

D+ H K+ 'H// '9/+

RATIO DECIDENDI The ground or reason of the

decision in a case.

+ M+ + K+ 9+ +

RE In the matter of; in the case of.

REAL EVIDENCE Evidence given to explain, repel,
counteract, or disprove facts given in evidence by the
adverse party.
REAL PROPERTY Land and buildings.
REASONABLE DOUBT, BEYOND A The degree of
certainty required for a juror to legally find a criminal
defendant guilty. An accused person is entitled to acquittal
if, in the minds of the jury, his or her guilt has not been
proved beyond a reasonable doubt; that state of mind of
jurors in which they cannot say they feel a persisting
conviction as to the truth of the charge.

.* D H K+

.L/
. 'I '=
&/ 5 H
. H K KK 7
.K >9+ 9
7// + 0/ / G
+ )/ .+ /7/ +
+ I+ + K /8/ +
+ L . G
G / I+ + I
.+

REASONABLE PERSON A phrase used to define a

hypothetical person who exercises qualities of attention,
knowledge, intelligence, and judgment that society requires
of its members for the protection of his or her 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.

// I+ 2 M7 I+

REBUTTAL Evidence presented at trial by one party in

order to overcome evidence introduced by another party.

7 + D+ + K+ 7+ 79 '7 '

RECALL Cancellation by a court of a warrant before its

execution by the arrest of a defendant; also, a process by
which a retired judge may be asked to sit on a particular
case.

G + 1 )/ '

+ + 2/+
)+ &+ &9+ &+ K +
+ G+ ; + / )K ./K
2/9/ - M7 I+ H/
H H + K+ & H+ -7
.K M7 I/

.D+ 8 K+

. )/ + .

RECEIVING STOLEN PROPERTY Offense of

receiving any property with the knowledge that it has been
feloniously, or unlawfully stolen, taken, extorted, obtained,
embezzled, or disposed of.

+ K / 8+ K F+ H/

RECIDIVISM The continued, habitual, or compulsive

breaking the law after having been convicted of prior
offenses.

L 17 K &/9/ I+ +

RECKLESS DRIVING Operation of a motor vehicle

that shows a reckless disregard of possible consequences
and indifference of others rights.
Legal Glossary
K / 2/ 7

K+ &;+ K+ &+ G+
. I &:/+

7/ I I+ 1 IKK /
/
/9+ 19 K+ 17 1 17
.+ E 1 K /

80

RECLASSIFY To change the jurisdiction of the case

from Limited (up to $25,000) to Unlimited (more than
$25,000) and vice versa.
RECOGNIZANCE The practice which enables an
accused awaiting trial to be released without posting any
security other than a promise to appear before the court at
the proper time. Failure to appear in court at the proper time
is a separate crime.
RECORD The official papers that make up a court case.
RECUSE When you remove yourself or are removed
from a criminal or civil proceeding because you have a
conflict of interest. For example, a judge can recuse himself
because someone in the case is a friend or business partner.

) 17K )+ 17+
25,000 ) 17K / (9K7 25,000 :K
. / K+ (9K7
&+ & 9 /I
/ K IK / E/
G/ + .+ + + H/
. + H/
.+ + + E/9K+
K+ 7/ -
K+ + : .+ 09
.+ D/+ /
. 9 K+ B

REDACT To adapt or edit for public record.

RE-DIRECT EXAMINATION Opportunity to present
rebuttal evidence after ones evidence has been subjected to
cross-examination.

+ 0// 17/ + 0/+ 17/

REDRESS To set right; to remedy; to compensate; to

remove the causes of a grievance.

.+ &> & &H

REFEREE A person appointed by the court to hear and

make decisions on limited legal matters, like juvenile or
traffic offenses.

+ (+ K D+K )+ )

. +

&+ K+ 3/+ / 17K

. /K

REGULATION A rule or order prescribed for

management or government.

.+K 19/7+ + K+ I

REHEARING Another hearing of a civil or criminal case

by the same court in which the case was originally heard.

K+ L7 A L/ + 17/

REINSTATED To bring back to a previous condition.

When bail that had been forfeited, exonerated, or reduced is
reestablished in its original amount.

17+ .+ / /+ / K / /

REJOINDER Opportunity for the side that opened the

case to offer limited response to evidence presented during
the REBUTTAL by the opposing side.

L+ M+ D+ 79 K+ 0/

RELEVANT Evidence that helps to prove a point or

issue in a case.
RELINQUISHMENT A forsaking,
renouncing, or giving over a right.

Legal Glossary
K / 2/ 7

abandoning,

.+ 2 / +

/:/ K+ +
.97 K+ +

J79 >9+ D+ + 7/ /7K /79

.+
K+ 2+
.L7
. G: K+ 'I/ ' 'I/ '

81

REMAND (1) When an appellate court sends a case to a

lower court for further proceedings; (2) to return a prisoner
to custody.

/ L7 D+ (1) A9

REMEDY The means by which a right is enforced or the

violation of a right is prevented, redressed or compensated.

K+ K 4

REMITTITUR The transfer of records of a case from a

court of appeal to the original trial court for further action or
other disposition as ordered by the appellate court.

L+ 2 + E/9K+ 17/

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.

.G+ / 17/ (2) .+ 2/)// 7

.+ K+ D &M/

K+ + )/+ + + / D+
.D+
./9 / K
. 2K I D/+ I + +
+ I + + K + +
+ 7 G/
.+

REPLEVIN An action for the recovery of a possession

that has been wrongfully taken.

2/ 2 17 L7 7/7/ L7

REPLY The response by a party to charges raised in a

pleading by the other party.

.+ D+ / + D 0/ 7

REPORT An official or formal statement of facts or

proceedings.

.2/)/+ K+ / 9 I

RES A thing; an object; a subject matter; or a status.

RES IPSA LOQUITUR Latin meaning a thing that
speaks for itself. In tort law, the doctrine which holds a
defendant guilty of negligence without an actual showing
that he or she was negligent.

.K K+ &A &> &

I .+ + + +
+ IK7 G+ + &+ 1)+
+ 1)+ I & I +
.+ IK I+

RES JUDICATA A rule of civil law that once a matter

has been litigated and final judgment has been rendered by
the trial court, the matter cannot be relitigated by the parties
in the same court, or any other trial court.

1 L7 9 17/ + I+

RESCUE DOCTRINE Rescue doctrine is that one who

has, through his negligence, endangered safety of another
and may be held liable for injuries sustained by third person
who attempts to save other from injury.

1 8 A /8/ + ++ 8+ +

RESPONDEAT SUPERIOR Let the master answer.

The doctrine which holds that employers are responsible for
the acts and omissions of their employees and agents, when
done within the scope of the employees duties.

/ GK+ / * K+ +

Legal Glossary
K / 2/ 7

+ 2K / / / )/ &L/
.L+ + / K+ & 29+K

>K G/ E *
K + + &8 )+ 2
.A+ 2/

KK )+K G+ K + 0+
.+ 2/K I /

82

RESPONDENT If you are the person that answers the

original Petition, you are the respondent. Even if you later
file an action of your own in that case, you are still the
respondent for as long as the case is open.

K &+ )7+ 7 +

REST When a party in a case has presented all the

evidence it intends to offer.

2+ L7 D + M+ 5/+

RESTITUTION Giving something back to its owner. Or,

giving the owner something with the same value, like
paying to fix his or her property .

/ K+ (+ / ) 17/

RESTITUTION HEARING: A hearing that may be

requested to dispute the amount of restitution ordered by the
court.

/+ 9 G D

RESTRAINING ORDER A court order that tells a

person to stop doing something for a certain amount of
time, usually until a court hearing is held.

+ M K+ M: +

&)7+ / L7 J9K 9
.+ + H/7 +

. M I +

G+ &K
. 9/+

7+ & 1 /
.

RETAINER Act of the client employing the attorney or

counsel. Also, the fee the client pays when he or she retains
the attorney to act for him or her.

.+ 0+ H (2) . )/ (1) +

RETALIATION Infliction upon someone in response to

an injury that he/she has caused another.

. J M+ L8+ L8+ H+

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.

+ :+ + / + - ++

REUNIFICATION SERVICES Services that help

parents get their children back after they are taken away.

A/ M/+ 1 2 + 2

REVERSE An action of a higher court in setting aside or

revoking a lower court decision.

9/ K+ + /

REVERSIBLE ERROR A procedural error during a trial

or hearing sufficiently harmful to justify reversing the
judgment of a lower court. (See PREJUDICIAL ERROR.)

K+ + )+ )/* >

REVOCABLE TRUST A trust that the grantor may

change or revoke.
REVOKE To change or take back.
RIGHTS, CONSTITUTIONAL The rights of a person
guaranteed by the state or federal constitutions.

Legal Glossary
K / 2/ 7

9/ 1 /79 + / . K+
K+

. /K+ I+ K+

.7

.+ + 1)/ &
. K+ + 7K
. K+
9+ K+ / 97 + 9+ E+
.I /9+

83

RIOT A public disturbance involving acts of violence by

persons where three or more persons are gathered.

I G+ H 4:+

ROBBERY The act of taking money, personal property,

or any other article of value that is in the possession of
another by means of force or fear.

.1+

ROUT Two or more persons, assembled and acting

together, making any attempt or advance toward the
commission of an act which would be a riot if actually
committed.

I + K+ A/ K+

RULE An established standard, guide, or regulation.

. K+

. I /8/ 09/ K

. K+ '7 ' D9+ ; K+ 1 - H

RULE OF COURT An order made by a court having

competent jurisdiction. Rules of court are either general or
special; the former are the regulations by which the practice
of the court is governed, the latter are special orders made
in particular cases.

I . J9 + - + +

RULES OF EVIDENCE Standards governing whether

information can be admitted and considered in a civil or
criminal case.

2+ 7 / / 7+ K+ + H

SANCTION A financial punishment meant to make

someone obey the law. For example, a judge can order
someone to pay for not following court orders.

7+ /

+ + ' K+ / + /K+
. /K+ /K &+ K/

. K+ 9/K +

I+ + : .I+
.+ /K G+

SATISFACTION OF JUDGMENT Payment of a

judgment amount by the losing party.

+ D+ / I/+ D+ 7 )+

SEALING The closure of court records to inspection,

except to the parties.

K+ + / 2 E/ 2+

SEARCH AND SEIZURE A person or place is searched

and evidence useful in the investigation and prosecution of
a crime is taken. The search is conducted after an order is
issued by a judge.

7+ +K I K+ () +K +

SEARCH WARRANT An order that tells the police to

search a specific place to find specific people or things. A
judge can order a search warrant if there is probable cause.

I + / + 1

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.

/ &;+ 2/)/+ I 7

Legal Glossary
K / 2/ 7

.+ D/+ K +

.+ 1 K + 1/

+ . )+ K+ 7
. G/ F I /8/ 1 9//

K+ 1: // / + +
./

84

SELECTION AND IMPLEMENTATION HEARING:

The hearing conducted post-reunification failure according
to Welfare and Institutions Code Section 366.26, to decide
whether to terminate parental rights and free the child for
adoption, order a legal guardianship, or order permanent
planned living arrangement.

+ - +K 9+

SELF-DEFENSE Claim that an act was legally

justifiable because it was necessary to protect a person or
property from the threat or action of another.

I 9 / I )7+ + A+

+ I 8K &/+ / + K+
/+ E )/ + &366.26 9 &K
+ 9/+ K+ & K+ + K+ + E/K
. /7

K+ + M9K+
.*

K+

SELF-INCRIMINATION Acts or declarations by which

one implicates oneself in a crime.

9 9 2 K+ G+ 2/+

SELF-PROVING WILL A will that is signed under

penalty of perjury by two people who will not get anything
from the will. You do not have to get an affidavit from the
witnesses.

& K /8 K

SENTENCE A judges formal pronouncement of the

punishment to be given to a person convicted of a crime.
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 PRE-SENTENCE REPORT.

./

I+ . I &9K+ 17
. 17/ 7/
+ 9 + -
. 7/ / )/
G / 2 + I
. 9/+ + &/7/
.+ I +

SENTENCE, CONCURRENT Two or more sentences

of jail time to be served simultaneously.

+ + K+ - H+

SENTENCE, CONSECUTIVE Two or more sentences

of jail time to be served in sequence.

+ + K+ - H+

SENTENCE, SUSPENDED A sentence postponed in

which the defendant is not required to serve time unless he
or she commits another crime or violates a court-imposed
condition.

) +

./K K K+ &

/ K+ L/ 9/ /8/ / / K
.+ ?K

SENTENCING The hearing where the court determines

a persons punishment.

. / 9 / + 9//

SEPARATE MAINTENANCE Allowance ordered to be

paid by one spouse to the other for support while the
spouses are living apart, but not divorced.

&+ K+ + 1K /

SEPARATION An arrangement where a husband and

wife live apart from each other while remaining married
either by mutual consent or by a judicial order.

K+ / K+ G/

Legal Glossary
K / 2/ 7

&/ K+ + / &I K
.+

8 // K J7 IK/
.+

85

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.

)/ .7+ + K 7+ G
/ + 49 & /K + ) &7+
H 9//K &7 I+
M/ 8K + 7
. 17

SERVE A SENTENCE The act of spending an allotted

amount of time in a designated location such as a prison as
punishment for the crime committed.

&7 I + 17 1

SERVICE When someone over 18 and not involved with

your case gives the other party a copy of the court papers in
person or by mail.

+ E / + E/9K+

SERVICE OF PROCESS The delivery of legal papers to

the opposing party. The papers must be delivered by an
adult aged 18 or older that is not involved in the case and
that swears to the date and method of delivery to the
recipient.

.+ &/

+ + + / & K
. K+
..K+ D+ / + E/9K+ )/+
K + E/9K+
I+ K & K &E
./ / 0/K /

SETTLEMENT: When both sides reach an agreement that

solves the case before the judge or jury makes a decision.

I+ + + E/ K+

SETTLOR The person who sets up a trust. Also called

the GRANTOR.

.+ + K .+ M+ / /+

SEVERANCE DAMAGES Compensation, which may

be recovered in the courts by any person who has suffered
loss or detriment as a consequence of being cut off from
something (i.e. employment).

K+ 19 + / +

SEXUAL ABUSE / ASSAULT Unlawful sexual contact

with another person.

.* AK G+ )/+

SEXUAL BATTERY The forced penetration of or

contact with anothers sexual organs or the sexual organs of
the perpetrator.

+ )+ K+ &1 A+ 0/

SEXUAL HARASSMENT Sexual words, conduct, or

action (usually repeated and persistent) that, being directed
at a specific person, annoys, alarms, or causes substantial
emotional distress in that person and serves not legitimate
purpose.

+ K+ &9 &4:/ - 1/ + +

. 9/ + K+ +

.( ) I/ 9

M+ )/ // K+ &1 *
.+

H G I )/ &7
M+ IKK K 1 19 &D K+ K+
.AK
& K G+ + </

SEXUAL MOLESTATION Illegal sex acts performed

against a minor by a parent, guardian, relative or
acquaintance.

.D9+ + K+ &K K+ & K+ &/+ +

SEXUALLY VIOLENT PREDATOR a person who has

been convicted of a sexually violent offense against two or
more victims and has a diagnosed mental disorder that
makes him or her a danger to the health and safety of others.

K & / 09/ + K+

Legal Glossary
K / 2/ 7

7/K + + /+ () K
0/ /0 + K+ + K+
.+ K / K+

86

SHERIFF Elected officer of a county whose job is to

conserve peace within his or her territorial jurisdiction as
well as aid in the criminal and civil court processes.

K &+ I (+ 1) +
2/)/+ 1/K &+ +
./K + H+ +

SHOPLIFTING The willful taking and concealing of

merchandise from a store or business with the intention of
using the goods for ones personal use without paying the
purchase price.

M9 + 9+ 2+ +

SHOW CAUSE A court order telling a person to appear

in court and present any evidence why the orders requested
by the other side should not be granted or executed.

I+ + + +

SIDEBAR A conference between the judge and lawyers,

usually in the courtroom, out of hearing of the jury and
spectators.

I &+K + A+ A+

SLANDER Defamation of a persons character or

reputation through false or malicious oral statements. See
DEFAMATION.

K+ - )// 'D

SMALL CLAIMS COURT A court that handles civil

claims for $5,000 or less. People often represent themselves
rather than hire an attorney.

L+ +

SODOMY Oral or anal copulation between humans, or

between humans or animals.

K+ ;/ 4+ K+ + A+ ?/+

SOLICITATION Getting someone else to commit a

crime.

.+ 09 H * 7/

SOVEREIGN IMMUNITY The doctrine that the

government, state or federal, is exempt to lawsuit unless it
gives its consent.

. 7 IK + G / ,/K

2 H 7+ J HK /
. K+ +

K + 17+
.9+ K+ +

.+ + .1 K+

;+ .9K7 5,000 / L
. / I

.2/+

U
K+ K LK7 9 / K+
./ IK /9+ 7+

SPECIAL CIRCUMSTANCE Allegation that a case or

charge warrants the death penalty.

+ K+ + I+ +

SPECIAL VERDICTS A verdict that gives a written

finding for each issue, leaving the application of the law to
the judge.

/ + / I+ 9/ -= 9/

SPECIFIC INTENT CRIME A crime which requires a

specific mental state.

.17 - 7

SPECIFIC PERFORMANCE A remedy requiring a

person who has breached a contract to perform specifically
what he or she has agreed to do. Ordered when damages
would be inadequate compensation.

4 - 7

Legal Glossary
K / 2/ 7

.H/+

.I+ + 9

. /K M+ + 2/ K
. + + I /8/

87

SPEEDY TRIAL The right of an accused to an

immediate trial as guaranteed by the 6th Amendment of the
United States Constitution.

17+ 9 +

SPENDTHRIFT TRUST A trust that says that the

beneficiary cannot give away or sell their part of the trust.
This means that creditors cannot take money from the trust.

I+ + 9 ( K) +K+

.1+ 2+ 97 I 7+

I+ 8K & K+ I+ +
.+ J / I+ I /+

SPOUSAL SUPPORT Court-ordered support of a spouse

or ex-spouse; also called maintenance or alimony.

K+ + + G K+

SPOUSE/COHABITANT BEATING See DOMESTIC

VIOLENCE

.+ + :+ K+ 0+

STALKING The act or an instance of following another

by stealth; the offense of following or loitering near
another, often surreptitiously, with the purpose of annoying
or harassing that person or committing a further crime such
as assault or battery.
STANDARD OF PROOF There are essentially three
standards of proof applicable in most court proceedings. In
criminal cases, the offense must be proven BEYOND A
REASONABLE DOUBT, the highest standard. In civil
cases and neglect and dependency proceedings, the lowest
standard applies by a mere PREPONDERANCE OF THE
EVIDENCE, (more likely than not). In some civil cases,
and in juvenile proceedings such as a permanent
termination of parental rights, an intermediate standard
applies, proof by CLEAR AND CONVINCING
EVIDENCE.

.+ K+ + 4K

/ ' K 179
09 K+ & K+ :/
.0 K+ )//

2 : + ?K 3 2+ ?K
+ .2+ K &+
I I+ / 2/ +
?K+ 7+ + .?K+ + K &G
.+ I9 :K +K G+ K + +
E ) &3/+ K + + +
+ +K /+ + ? I & 1+
. ? K

STANDING The legal right to bring a lawsuit. Only a

person with something at stake has the right to bring a
lawsuit.

M+ + .L7 9 - H /

STARE DECISIS The doctrine that courts will follow

principles of law established in previous cases. Similar to
PRECEDENT.

+ + - / 1/

STATEMENT, CLOSING The final statements by the

attorneys to the jury or court summarizing the evidence
that they have established and the evidence that the other
side has failed to establish. Also known as CLOSING
ARGUMENT.

/ IK9/ M+ + I+ + I+

STATEMENT, OPENING Outline or summary of the

nature of the case and of the anticipated proof presented by
the attorney to the jury before any evidence is submitted.
Also known as OPENING ARGUMENT.

STATEMENT OF FACT Any written or oral

declaration of facts in a case.
Legal Glossary
K / 2/ 7

.L7 9 + 7

/:G . 29 /
()

+ 7+ + / K+ +
:0 + DK . + + 7+K &
+ /+
K + + I+
/ + & + 2+
/+ :0 + DK . .7+ M/ +
.+
L7 K+ M+ I
.

88

STATUS OFFENDERS Youths charged with being

beyond the control of their legal guardian or who are
habitually disobedient, truant from school, or have
committed other acts that would not be a crime if
committed by an adult. They are not delinquents, but 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. (See PERSON
IN NEED OF SUPERVISION.)

K/ / / 3/+ - H+
I + K+ &/7 J/K+ I + K+ &+
/9/ + K+ & IKK /7 9+
K . 9+
.L+ / K K &/ /
3/+ :K+ &/ / =+ : 2+
./ / 7K+ K+ &/ /
=+ :+) .3/+ / + +
.(/ /

STATUTE A law passed by Congress or a state

legislature.

.(+ I+) ;+ /K I -

STATUTE OF LIMITATIONS A law that says how

much time you have to file a lawsuit after something
happens.

: 1 I + H7+

STATUTORY Relating to a statute; created, defined, or

required by a statute.

K+ &+ K+ I -

.9 /K & L7

K+ &I/ K+ + J7 K+ &I+ K+ +
.I+ K+ +

STATUTORY ACTIONS Actions relating or

conforming to, or created, defined, or required by a statute.

K+ & K+ & K+ & G+ G+

STATUTORY CONSTRUCTION Process by which a

court seeks to interpret the meaning and scope of
legislation.

5 / + )/+ + +

STATUTORY LAW Law enacted by the legislative

branch of government, as distinguished from CASE LAW
or COMMON LAW.

+ + I + I+

.+ K+ &

.+ 7+K

.H+ I+ K+ + I+ / &+

STATUTORY RAPE The unlawful sexual intercourse

with a person under an age set by statute, regardless of
whether they consent to the act.

+ IK7 K+ I + G+

STAY The act of stopping a judicial proceeding by order

of the court.

.+ )/+ D/

STAY OF EXECUTION An order that prevents the

execution of an action, e.g. the serving of a sentence. The
stay may be granted on a motion by the defendant, or it may
be ordered in accordance with statutory law, e.g. Calif.
Penal Code Section 654.

. ) + + D/

STIPULATE To agree to something.

STRICT LIABILITY A concept applied by courts in
product liability cases in which a seller is responsible for
any and all defective or hazardous products which unduly
threaten a consumers personal safety.

Legal Glossary
K / 2/ 7

.+ G /8+ + +

H K+ &+ /) D+ /
.654 9 1 + 9 I &

. / /
LK7 + H - K
K &+ I &
K+ + + K M+ K
.+ 7

89

STRICKEN EVIDENCE Evidence that has been

removed from the record.
STRIKE (1) to delete or remove. (2) To dismiss an
allegation before sentencing. (3) A serious violent felony
prior conviction that is charged as a prior allegation, e.g. a
second strike, or third strike.

.+ :/ 7+ 7+
)7+ (2) . K+ (1) - '
9/ 1 H/ (3) . +
. K+ & : G & K

SUA SPONTE - Used to describe when a judge does

something without being asked to by either party. Latin
meaning of ones own will.

/ M+ IK + H

SUB CURIA Latin meaning under the law; the holding

of a case by a court under consideration, sometimes to await
the filing of a document, such as a presentence investigation
report or memorandum of law, or to write an opinion.

+ + .+ I+

SUBMIT To yield to the will of another.

SUBPOENA An official order to go to court at a certain
time. Subpoenas are commonly used to tell witnesses to
come to court to testify in a trial.

." ) " K + + .:+

&+ 2/ 9 + &/9+
K K+ & 1 K+ &+ + :
.L+9
.* 17/9
17 + / 9 9 + - 9/ 1
. 7 )7 7 /

SUBPOENA DUCES TECUM A court order to bring

papers or records to court at a certain time.

9 + 9 + 2/ 9/ 1

SUBROGATION To substitute one person for another in

a legal claim.

* K * G+

SUBSTANTIAL PERFORMANCE Where a party has

honestly and faithfully performed the essential and material
portions of the contract and the only non-performance
consists of technical or unimportant provisions.

+K + )/+ :/ M K+ + :/

SUBSTANTIVE LAW The law dealing with rights,

duties, and liabilities, as contrasted with PROCEDURAL
LAW, which governs the technical aspects of enforcing
civil or criminal laws.

2/+K E+ I M H+ I

SUCCESSION The acquisition of title to the property of

one who dies without disposing of it by will.

.K IK &+ :/+ /9K K+

SUE To commence legal proceedings for recovery of a

right.

. A )+ / )+

SUIT Any proceeding by one person or persons against

another in a court of law.

.)+ H+ * 1

SUMMARY JUDGMENT When the judge decides a

case without going to trial. The decision is based on the
papers filed by both sides.

/ )+ IK + J9 M:/

Legal Glossary
K / 2/ 7

.7 K + / 2 K+ E/9K+

+K + 2// ) =+K + +
. +

K+ 9 M+ /+ I+ .+ 2K+K
.+K + /+ 7

.+ + E/9K /97 /)

90

SUMMONS (1) A notice to a defendant that he or she has

been sued or charged with a crime and is required to appear
in court. (2) A jury summons requires the person receiving
it to report for possible jury duty.

/ 9+ (1) )+ H+ G 9 )+
K H K+ &J L7 7
9+ + )+ (2) .+ H+ G+
7 + K I+ /
.+ + /K

SUPERSEDEAS A writ issued by an appellate court to

preserve the status quo pending review of a judgment, or
pending other exercise of its jurisdiction.

D+ + )/+ K +
9 / K+ &+ / / /9
.+

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 beneficiarys support.

+ / 2 +/1 +/1

SUPPRESS To stop or put an end to someones activities.

See also EXCLUSIONARY RULE.

:+) . 2 / K+ /

SUPPRESSION HEARING A hearing on a criminal

defendants motion to prohibit the prosecutors use of
evidence alleged to have been obtained in violation of the
defendants rights. This hearing is held outside of the
presence of the jury, either prior to or at trial. The judge
must rule as a matter of law on the motion.

IK (7+ ) K+

&/+K G+ ;+9 &/ 7

.+ + +

.()+

/) &+ K+ + &+ 9
: 7+ )7+
K .+ E / G+ +
. + / I+ +

SURETY BOND An insurance policy taken out by a

defendant with a national insurance company in which the
insurer agrees to pay the court the amount of bail required
for the defendants release if the defendant fails to come to
court when he or she is supposed to. Often called a fidelity
bond.

+ I

SURVIVORSHIP Another name for JOINT TENANCY.

. F+ :G L+ 3/+

SUSPEND To postpone, stay, or withhold certain

conditions of a judicial sentence for a temporary period of
time.

?K K+ & /

SUSTAIN- To maintain, to affirm, to approve.

SWEAR To put to oath and declare as truth.

7 (2+ + AK M+) K
G /8/ + 4/ + +
. + K .7/ + + H/

.
./ & &()
.+ G + I -

TANGIBLE Capable of being perceived, especially by

the sense of touch.

K @+K+ F9+ + - ; /;

TANGIBLE
PERSONAL
PROPERTY
MEMORANDUM (TPPM) A legal document referred to
in a will and used to guide the distribution of personal
property that you can move or touch. For example,
furniture, computers, jewelry, and artwork.

- 7+ K+ + + 2+ 1

Legal Glossary
K / 2/ 7

.+

2 : G 2 &K
& &2K : . K+
. G+K &2/

91

TAXATION OF COSTS The process of ascertaining

and charging up the amount of costs in an action to which a
party is legally entitled, or which are legally chargeable.
Adjustment; fixing the amount.

9 )/+ L+ 9

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.

/+ + + + 9/ M+

TEMPORARY RESTRAINING ORDER (TRO)- A

court order that says a person must not do certain things that
are likely to cause harm that cant be fixed.

D+ K &I+ 9 K/ &L7
.+ K . GK+

.* 9/ 8/ /
+ M K+ M: +
L8+ I+ )/ H+ H
.+

TENANCY An interest in real estate which passes to the

tenant.

.+ / G 9 + - 19+

TESTAMENT A will disposing of personal property.

(See WILL.)

. + F+ K K

TESTAMENTARY CAPACITY The legal ability to

make a will. To write a will, a person has to be at least 18
years old; know what property he or she owns; and know
who he or wants to give the property to.

+ + 19+ K+ L+ + +
+ &K I+ 7/9+ /8+ &+ .K +
9 I I+ ' + IK7 J I
F I+ M/ + / I I+K '
.+

TESTAMENTARY DISPOSITION A disposition of

property by way of gift, which is not to take effect unless
the grantor does or until that event.
TESTAMENTARY GUARDIAN A guardian appointed
by the last will of a father for the person and real and
personal estate of his child until the child reaches full age.

/ . K+ &F+ F+ K
.K K+ &+ I8 + +
& K * 0+ K ;9
+ K+ + 9+K + ;9
.+ +

TESTAMENTARY TRUST A trust created in a will.

The trust does not exist until the person dies.

I/ / 1 7K .K 19 1 K 1

TESTAMENTARY TRUSTEE A person appointed to

carry out a trust created by a will.

19 1 K K K

TESTATE One who has died leaving a will or one who

has made a will.

.K K+ &K 9 2

.+ /

.+
K F9

TESTATOR Male person who makes a will (female:

testatrix).

.+

TESTATRIX Female person who makes a will (male:

testator).

.+

TESTIFY To give evidence under oath as a witness in a

court proceeding.

.+ + 17 -

TESTIMONY Oral evidence at a trial or deposition.

Legal Glossary
K / 2/ 7

. K+ 17/ 17

92

THEFT The act of stealing or the taking of property

without the owners consent.

. / IK J+ K+

THIRD-PARTY A person, business, or government

agency not actively involved in a legal proceeding,
agreement, or transaction.

?9 K+ K+ - D

THIRD-PARTY CLAIM An action by the defendant

that brings a third party into a lawsuit.

.+ D 9 + L7

THREE STRIKES LAW Law that subjects person

convicted of felony who has two or more prior serious or
violent felonies to a life term in prison.

) I - (+ H+ K+) 2 3+ I

. K+ + K+ )/+

09/ /7/ (7+ K + IK )+

/ & 2 + K+ / IK
.+ 1+ L

TIME SERVED A sentence given by the court to a

convicted criminal equal to the amount of time that the
criminal was incarcerated during the trial.

+ & 1 1

TIME WAIVER When you give up the right to have a

certain phase of the legal process take place within the
normally specified amount of time.

+ + G+ + G: G:/ +

TITLE Ownership or evidence of ownership of land or

other property.

F/ K+ >9+ 7 K+

TORT When a person is hurt because someone did not do

what he or she was supposed to do. . The most common tort
action is a suit for damages as a result of an automobile
accident. See EX DELICTO.

* M+ 9+ - 9

TORTURE To inflict intense pain to body or mind for

purposes of punishment, or to extract a confession or
information, or for sadistic pleasure.

0 & M K+ M -

TRANSACTIONAL MALPRACTICE Professional

misconduct, unreasonable lack of skill in professional
duties, or illegal or immoral conduct in regards to an act of
transacting or conducting any business.

19 J: D , D

G J 1 K &/7/ H
.+ +

.L7 7+

.L+

9+ LK7 + . H+
:+) .2/9+ H7 37/ 9/+ L+
.(/ G+ K+ &H

&2 K+ & D/+ 9 K+ &

.1+ + K/

K+ D K+ &+ 2/K H+
. 19/7+ K+

TRANSCRIPT A record of everything that is said in a

hearing or trial.

. M - IK+ +

TRANSFERRED INTENT Doctrine under which

original malice is transferred from one against whom it was
entertained to person who actually suffers consequence of
unlawful act. When one attempts to kill a certain person,
but by mistake or inadvertence kills a different person, the
crime, if any, so committed is the same as though the person
originally intended to be killed, had been killed.

+ H/+ G+ G + (+)

Legal Glossary
K / 2/ 7

. + * / + 7+
/* K M
9+ & K+ +
.+ 7+ + K

93

TRANSITORY Actions that might have taken place

anywhere.

.I M+ 9 LK7 F

TRAVERSE In common law pleading, a denial. Where a

defendant denies any material allegation of fact in the
plaintiffs declaration.

+ + .H+ I+ I/+

TRESPASSING Unlawful interference with ones

person, property and rights.

E AK - + F+ /M

TRIAL A court process in which the issues of fact and

law are heard and decided according to legal procedures so
a judicial officer or jury can make a decision.

L+ K A / + 1 -

TRIAL DE NOVO A new trial or retrial held in an

appellate court in which the whole case is heard as if no
trial had been heard in the lower court or administrative
agency.

.+ I + 2+

.+K

G+ 2/)/ K K + +K
. 9/ / G K+
17/ K+ & 1
/7 D+
K+ &A K
.9/7+

TRIAL COURT The first court to consider a case,

generally the superior court. Compare APPELLATE
COURT).

&L+ + K+ + A+

TRIAL, COURT (BENCH) A trial where the jury is

waived and the case is seen before the judge alone.

IKK J / H+ -

TRIAL, SPEEDY The Sixth Amendment of the

Constitution guarantees the accused to an immediate trial in
accordance with prevailing rules, regulations and
proceedings of law.

I 7+ 17+

TRIAL STATUS/SETTING CONFERENCE See

PRETRIAL SENTENCE.
TRIER OF FACT Term includes the jury or the judge in
a jury-waived trial, who have the obligation to make finding
of fact rather than rulings of law.
TRO See TEMPORARY RESTRAINING ORDER.

:0 I9) .+ + I 17+ K
(D+

. 7K

+K I+ H+ 9 9+
.1+ /)/+K
.+ + / M A+/ + K
K+ + + / +
+ 7 &+ IK &+
.+ + K
. K+ M: + :+

TROMBETTA MOTION A motion to suppress

evidence for failure to preserve the same.

. + 7+ K - K

TRUE BILL The endorsement made by a grand jury on a

bill of indictment when it finds sufficient evidence for trial
on the charge alleged.

H/ L G H+

Legal Glossary
K / 2/ 7

. )+ / 7+ I+

94

TRUE FINDING The juvenile court equivalent of a

guilty verdict.

9/ M:/ 3/+ 5+ 7/

TRUE TEST COPY A copy of a court document given

under the clerks seal, but not certified.

E/9K+

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. In Traffic Trust is an account into which bail is
posted to insure appearance or compliance until the case is
settled.

//K/+/1

./7+

. K +

(+ K+ +) D/ (+ K+ /)
J9 K+ /+ 19/7/ K+
+ + + I + .(+) *
. K+ &+ H+ + G

TRUST AGREEMENT OR DECLARATION The

legal document that sets up a trust.

K+ + + + K+ + /

TRUSTEE The person or institution that manages the

property put in trust.

.+ G/+ K+ + K+ +

TURNCOAT WITNESS A witness whose testimony

was expected to be favorable, but who later becomes an
adverse witness.

I 17+ / +

UNCONSCIONABILITY An absence of meaningful

choice on the part of one of the parties to a contract, and
contract terms which are unreasonably favorable to the
other party.

+ K - + K+ + 0

./

. 17

M8 9 + K+ & 19 +
.+

UNCONSTITUTIONAL That which is contrary to or in

conflict with the federal or state constitutions.

7+ 97 >9 K+ - M97

UNDERCOVER A person participating in a secret

investigation in order to acquire information about the
crime without the other party realizing their identity.

F9 + - M

UNDERTAKING A promise given during legal

proceedings by a party or his attorney, usually as a
condition of getting some concession from the court or third
party.

& K+ + :+

UNDUE INFLUENCE When someone pressures the

person making a will (called testator) to include or leave out
people or things from his or her will. This can be a reason to
challenge a will.

8 K+

Legal Glossary
K / 2/ 7

.+ 97 K+ &/9+

. 2 G M

K+ () K & D/+ +
.

K+ &K =+ K
/ I I+ .K =+
.+

95

UNDER THE INFLUENCE Any abnormal mental or

physical condition which is the result of indulging in any
degree in intoxicating liquors, and which tends to deprive
one of that clearness of intellect and control of himself
which he would otherwise possess.

K+ D + I - +
+ 2K+
I+ I K & 1+K /+ /
.G+ I

UNEMPLOYMENT State or condition of not being

employed.

. K+ K 7K H +

UNILATERAL One-sided, or having a relation to only

one of two or more persons or things.

/K K+ /K

UNJUST ENRICHMENT, DOCTRINE OF The

principle that one person should not be permitted to unjustly
enrich himself at the expense of another, but should be
required to make restitution for the property or benefit
received.

)/+ M+ ++ + )/+ +

.+ K+

+ + K+ + 7 K &* 0
. /

UNLAWFUL ASSEMBLY At common law, the

meeting together of three or more persons, to the
disturbance of the public peace, and with the intention of
forcible and violent execution of some unlawful private
enterprise.

K+ =+ H+ I+ AK

UNLAWFUL DETAINER The eviction papers

(Summons and Complaint) that a landlord gives a tenant.

(LK ) )+ E/9K+ - AK @+

UNRUH CIVIL RIGHTS ACT This law provides

protection from discrimination by all business
establishments in California, including housing and public
accommodations, because of age, ancestry, color, disability,
national origin, race, religion, sex, or sexual orientation.

9 I + E/ "K/" I

AK K H+ + D +
.+K 1+ > &

.+ / +

2 + 7/+ E
&+ & & &7+ G+
K &(+ K+ 8 ) &7 & &+
.H K+ G )+ 8 &+

UNSECURED In bankruptcy proceedings, for the

purposes 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.

9 DK &;+ I 2/)/+ I
I I I/ I+ &;/ I/ L7
I+ K+ &/ + 7
.7 + +

USURY- Charging a higher interest rate or higher fees than

the law allows.

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UTTER To use or to attempt to use a check, draft, or

order to either (1) assert that it is genuine, or (2) represent to
another person that it is genuine.

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VACATE To render an act void; to set aside.

VAGRANCY The state or manner of living by wandering
from place to place without a home, job, or means of
support.

Legal Glossary
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96

VANDALISM Willful or malicious acts that are intended

to damage or destroy public or private property.

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VEHICULAR HOMICIDE Caused by the illegal

operation of a motor vehicle. Both intentional conduct and
negligence maybe the basis for such charge though statutes
vary from state to state as to the elements of the crime.

+ 19 / - 19 K+ +

VENIRE Describes the whole group of people called for

jury duty from which the jurors are selected. Latin meaning
to come.

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VENUE The court where you can file your action.

VERDICT A jurys or a judges final decision.

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VERIFICATION: An oral or written statement, usually

made under oath, saying that something is true.

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VEXATIOUS LITIGANT: A person shown to repeatedly

file legal actions that have little or no merit.

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VICARIOUS RESPONSIBILITY Acting or serving in

place of someone or something else.

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VICTIM A person who is the object of a crime or civil

wrongdoing.

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VICTIM IMPACT STATEMENT A statement during

sentencing which informs the judge of the impact of the
crime on the victim or the victims family.

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VIOLATION A breach of a right, duty, or law.

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VIOLATION OF PROBATION A new allegation

against a defendant for non-compliance with a previous
probation condition related to a criminal sentence.

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VISITATION Times when the parent who does not have

custody is with the children and is responsible for them.

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VOIR DIRE The process of questioning potential jurors

to choose the people who will decide a case. Latin meaning
to speak the truth.

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VOLUNTARY ARRAIGNMENT LETTER A notice

sent by the District Attorney to a defendant indicating date,
time and department for appearance in court on newly filed
charges for which there is no signed promise to appear.

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Legal Glossary
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VOLUNTARY MANSLAUGHTER Committed

voluntarily during a heated moment; for example, during a
sudden quarrel, two persons fight, and one of them kills the
other.

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VOLUNTARY
UNDERTAKINGS

An
act
unconstrained by interference; spontaneous; or of oneself.

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WAIVE (RIGHTS) To give up a legal right voluntarily,

intentionally, and with full knowledge of the consequences.

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WAIVER AND ESTOPPEL Voluntary surrender of

some known right, benefit, or advantage.

G: // / H G:

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, making it possible for his or her
testimony to be used against him or her in future
proceedings.

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WARD A minor who is under the care and control of the

court instead of the parents.

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WARD OF THE COURT A person under the age of 18

when he/she violates a criminal law or ordinance. The
minor is under the care and supervision of the court.

+ - + 9

WARRANT A court order telling an officer to do

something.
WARRANT, ARREST Commands a peace officer to
arrest and bring before the court the person accused of an
offense for purpose of commencing legal action.

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WARRANT, SEARCH A written order directing a law

enforcement officer to conduct a search of a specified place
and to seize any evidence directly related to the criminal
offense.

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WEAPON An instrument used or designed to be used to

threaten, injure or kill someone.

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WEAPON, CONCEALED A weapon that is carried by a

person, but that is not visible by ordinary observation.

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WEAPON, DEADLY A weapon, device, instrument,

material or substance, whether animate or inanimate, which
if used as it is used or intended to be used is known to be
capable of producing death or serious bodily injury.

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Legal Glossary
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98

WEIGHT OF THE EVIDENCE The persuasiveness of

certain evidence when compared with other evidence that is
presented.

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WHEELER MOTION A motion to dismiss a jury panel

due to the prosecutions exclusion of a particular class of
people (i.e. black jurors, women, etc.).

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WILL A legal paper that says what a person wants to

happen to his or her personal property after the person dies.
A will can be changed or cancelled at any time before a
person dies. (See TESTAMENT.)

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WILLFUL A willful act is one done intentionally, as

distinguished from an act done carelessly or inadvertently.

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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.

&L+ 7 + H+ L 79

WITHOUT PREJUDICE When rights or privileges are

not waived or lost. If your case is dismissed without
prejudice it means that there can be a new case about the
same thing.

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WITNESS 1. A person called testify about what he or she

saw, heard, or knows. 2. To sign your name to a document
for the purpose of authenticity.

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WITNESS STAND The space in the courtroom occupied

by a witness while testifying.

/ + M+ I+ +

WITNESS, DEFENSE A non-hostile witness that is

called by the defense counsel to assist in proving the
defenses case.

A+ / A7

WITNESS, EXPERT Qualified by knowledge, skill,

experience, training or education to provide a scientific,
technical or specialized opinion of the subject about which
he or she is to testify. That knowledge must not be generally
possessed by the average person.

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WITNESS, HOSTILE An uncooperative witness.

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WITNESS, MATERIAL A witness who can give

testimony relating to a particular matter that very few
others, if any, can give.

& 17 )/7/ +

WITNESS, PROSECUTION The person whose

complaint begins a criminal prosecution and whose
testimony is mainly relied on to secure a conviction at the
trial.

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Legal Glossary
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99

WOBBLER A felony which provides either a county jail

sentence or a state prison commitment and which can be
held to answer as a felony or a misdemeanor.
WORK FURLOUGH A correctional program which
allows inmates, primarily ones being readied for discharge,
to leave the institution for the purpose of continuing regular
employment during the daytime but reporting back on
nights and weekends.

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WORK PROJECT Program allowing sentenced person

the option of performing labor instead of jail time.

H/ 9/ / AK

WRAP AROUND SERVICES Specialized and intensive

social and health services for families with children
concurrently residing in a group home or at risk of entering
a group home, designed to reduce the level of foster care or
facilitate the placement of a child with his/her parent instead
of foster care.

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WRIT A court order that says certain action must be

taken.

. + +

WRIT OF EXECUTION A court order that tells the

sheriff to enforce a judgment.

/ 1 / + +

WRIT OF MANDATE A petition used to compel the

court, officer, or agency to perform a duty required by law
or to compel a court to assume jurisdiction and exercise its
discretion after its refusal to act.

K+ &/ &+ H +

Legal Glossary
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100