NOTE: I am not a lawyer, just someone who is making sense of the law for people who don’t understand it. Do not use this as legal advice.
AKA – “Also known as”, used to list aliases or another name or another spelling of a name
Abrogation – Removal of a prior ruling with a new rule
Absentee owner – An individual or entity who does not occupy or manage a property
Accelerated Rehabilitation – aka AR, a program that gives someone charged with a crime or motor vehicle violation for the first time a second chance by placing them in probation for a few years, where they’re dismissed if they complete it satisfactorily
Acceptable Use Policy – A contract clarification of the defined use of a good or service
Accommodation – aka “accommodation endorsement”, a legal obligation entered as a favor without consideration
Accord and satisfaction – A backup contract in the case of at least one of the parties not performing (i.e., collateral for a loan)
Accredited Investor – aka “sophisticated investor”, a financially regulated status (in some countries) that provides access to complex and higher-risk investments like venture capital, hedge funds, and angel investments
Acknowledgment – A clerk or attorney’s signature certifying that the person filing the document has sworn that the contents are true, or that the document is signed by his or her free act and deed
Acquiescence – Consent inferred from silence
Action – aka Case or Lawsuit, a civil judicial proceeding where one party sues another for a wrong done, or to protect a right or to prevent a wrong
Act of God – risks that couldn’t have been prevented by foresight or caution
Actus reus – Latin for “guilty act”, the state of mind of someone when a person does something, in contrast with intent
Adjournment – Postponing a court session until another time or place
Adjudication – A decision or sentence imposed by a judge
Adjudicatory Hearing – Juvenile court proceeding to determine whether the allegations made in a petition are true and whether the child/youth should be subject to orders of the court
Adult Court Transfer – Transferring juveniles who are at least 14 years old to regular criminal dockets in Geographical Area or Judicial District courts, or the transfer from a Juvenile Detention Center to the State Department of Corrections
Adult Probation – A legal status, applied to people 16 years of age and older, who have been convicted of a crime and placed under the supervision of a probation officer for a period set by the court
Affirm – Declare something to be true under the penalty of perjury, for a person who will not take an oath
Affidavit – A written statement made under oath in the presence of an authorized person
Age of majority – aka “age of consent”, an indicated legal age where someone is considered fully capable of making their own decisions
Agent – aka “attorney-in-fact”, a person authorized to make specific decisions on behalf of someone else
Agent of record – An individual or entity who has a duly executed contractual agreement with an insurance policy owner, who is responsible for purchasing, servicing, and maintaining insurance coverage with that designated insured
Alcohol Education Program – A pre-trial program for first time offenders charged with driving a motor vehicle under the influence of alcohol
Aleatory Contract – a specific type of contract where the parties involved do not have to perform a particular action until a specific triggering event occurs
Alimony – Money a court requires one spouse to pay the other for support before or after the divorce is granted, and they can’t get it in the future if they don’t ask for alimony at the final hearing
Allege – Asserting, declaring, or stating something is true in a case, made in a pleading
Allocution – A court’s inquiry for whether there’s any legal reason why they shouldn’t impose a sentence
Allowance – A contract arrangement where a party pays the other party at various times before the final payment
Alternate Juror – A juror selected as a substitute in case another juror must leave the jury panel
Alternative Detention Program – Programs operated by service providers under the Office of Alternative Sanctions used to detain juveniles instead of in a Juvenile Detention Center
Alternative Dispute Resolution – aka ADR, any method used to resolve disputes other than traditional trial proceedings, such as mediation, and ADR programs speed up the disposition of civil cases
Alternative Incarceration Center – aka AIC, a community-based program that monitors, supervises and services people who would otherwise be incarcerated
Alternative Sanctions – Criminal punishment that’s less restrictive than incarceration
Ambiguity – A situation where a legal term or sentence has at least 2 meanings
Amendment – A binding modification to a contract or law
Amicus Curiae Brief – A Latin term meaning “friend of the court”, an Amicus Curiae brief is filed by someone who is not a party to a case but has an interest in its outcome, the court usually has to give permission for someone to file one
Annulment – A court order declaring a marriage is invalid
Answer – A court document, or pleading, in a civil case, where the defendant responds to the plaintiff’s complaint
Ante Litem Motam – Latin for “before suit brought”, spoken discussion before a lawsuit is engaged
Anticipatory Breach – A breach of contract in the future, where the intent is clear that one party will not perform
Appeal – Asking a higher court to review the decision or sentence of a trial court because the lower court made an error
Appeal Bond – Money paid to the court while taking an appeal to cover costs and damages to the other party, if the appeal is not successful
Appearance – The official court form filed with the court clerk which tells the court you’re representing yourself in a lawsuit or criminal case or that an attorney is representing you, all court notices and calendars will be mailed to the address listed on the form, the defendant is submitting to the court’s jurisdiction in a civil case when they file an appearance
Appellant – The party appealing a decision or judgment to a higher court
Appellate Court – A higher court that has taken a lower court’s decision, which typically means it will change the prior ruling
Appellee – The party an appeal is taken against
Arbiter – aka Arbitrator, a referee selected to decide a controversy
Arbitration – Submitting a case or dispute to designated parties for a decision instead of using a judge
Arraign – Bringing an entity charged with a crime to answer the charge made against them
Arraignment – The first court appearance of a person accused of a crime, where they are advised of their rights by a judge and may respond to the criminal charges by entering a plea, usually happens the morning after a person is arrested
Arrest – When a person is taken into custody by a police officer and charged with a crime
Arrearages – Money for alimony or child support, which is overdue and unpaid
Arrest Warrant – A court order directing law enforcement to seize and detain a person so they can appear in court
As Is – A contractual statement that an item is sold as it currently is, without any implied warranty
Asset – Anything owned by an entity that has monetary value
Asset Blocking – aka Asset Freezing, preventing an entity access to assets as part of an investigation
Asset Confiscation – aka Asset Seizure, taking an entity’s assets as part of an investigation
Asset Flight – Illegally moving assets from one jurisdiction to another to avoid confiscation or penalties
Asset Mingling – Combining legal and illegal assets to make asset matches more complicated
Asset Protection – Reorganizing how assets are held to make them less vulnerable against a claim
Assignment – A contract and property law concept where an assignor transfers rights or obligations to an assignee
Assignment List – A printed list of cases to be presented to the court for hearing
Assistant Attorney General – An attorney who represents a state agency in civil cases
Assumption of Risk – A common law defense that bars or reduces recovery to an injured party if they knew of the consequences of an action and deliberately chose to assume the risk
Assured clear distance ahead – aka ACDA, the distance ahead of any terrestrial locomotive device (e.g., automobile) that affords them to bring the device to a halt
Attachment – A lien on property or assets to hold it to pay or satisfy any final judgment
Attorney of Record – Attorney whose name appears in the permanent records or files of a case
Attractive Nuisance – A hazardous object or condition that’s likely to attract children who can’t rightly judge risks
Automatic Renewal Clause – A contract clause which automatically renews that contract for another term
Automatic Orders – Court orders that take effect when a divorce or custody case is started
Bail Commissioner – A state-appointed person who may set the amount of bond for individuals detained at a police station before arraignment in court, and who recommends to the court the amount of bond that should be set for the defendant on each criminal case
Bar – Refers to a group of attorneys
Battle of the Forms – A dispute arising from multiple organizations making agreements where their standard form contracts have conflicts
Bearer Form – A contract that can engage a transfer to a bearer without requiring further written instructions
Bearer Negotiable Instruments – Monetary “legal instruments” that pass title upon delivery
Bearer Share – Legal instruments that give ownership to a corporation to “Bearer” (i.e., whoever owns the document)
Benami Account – An account held on behalf of others, typically to disguise one’s true identity or the recipient of the funds
Bench Warrant – Court papers issued by the judge, “from the bench,” for the arrest of a person
Beneficial Interest – The right a party has which has arisen from a contract they’re not a party to
Beneficiary – A party entitled to receive something, can be a third-party beneficiary for the purpose of filing suit
Best Interest of the Child – The standard a judge uses to decide custody and visitation issues
Bill of Lading – A legal document held by a carrier as receipt of cargo, includes details about the cargo itself and its destination
Bind – A legal state of obligation to do or not do something, often refers to contracts and can be a “binder” or “binding”
Blacklist – An internal list of screened names used to identify illicit actors
Blockade – Deploying military resources to prevent moving goods or people between jurisdictions
Bona fide – Latin for “in good faith”, the absence of fraud or deception, in contrast with mala fide
Bona vacantia – Latin for “in good absence”, unowned property, in UK common law that property vests in the Crown
Bond – aka Bail, money or property given to the court for the temporary release of a defendant, to ensure the defendant will return to court, with two different types:
- Non-financial bonds (non-surety where the defendant’s signature alone guarantees the amount of bond and the defendant is not required to post any property or retain the services of a professional bail bondsperson as collateral)
- Promise to appear (Surety bond where the court requires cash, real estate or a professional bail bondperson’s signature as collateral before releasing the defendant back into the community, as well as possibly letting the defendant post ten percent of the bond in cash to secure his or her release)
Bond Forfeiture – aka “calling the Bond”, If the defendant fails to appear in court as scheduled, the judge may order the bond forfeited (paid to the state) and the defendant rearrested
Bond Review – A hearing for a judge to decide if the defendant’s bond amount needs to be changed
Bondsman – A surety; one who has to put up cash or property as collateral before a defendant may be released, often as a debt-based business transaction
Bonus Clause – A contract clarification that gives a bonus for over-performing (e.g., finishing a job early), in contrast with penalty clause
Boycott – Withdrawing from business or social engagement with an entity as a sign of protest
Breach of Contract – A violation of a contract that denies the plaintiff the main benefit of the contract
Brief – A written document prepared by a lawyer or party on each side of a dispute and filed with the court supporting their arguments
Buyout Clause – aka “release clause”, a contract clause where an entity wishing to purchase an employee’s services must pay a fee to the current employer
Calendar – A list of court cases scheduled for a specific date and time; the civil and family court docket
Calendar Call – The calling of cases scheduled for the day, usually done at the beginning of each court day
Capacity – The legal ability for an individual or entity to have rights and responsibilities
Capias Mittimus – A civil arrest warrant used to get a person physically into court to respond to a specific case or claim
Capital Felony – A criminal offense where the death penalty may be imposed
Cardholder – person authorized to use a financial transaction card
Case – A lawsuit or action in a court
Case Conference – A meeting scheduled by the court to review the case
Case File – The court file containing papers submitted in a case
Case Flow Coordinator – A person who keeps track of your case and supervises the scheduling of hearings and trials
Cash-Intensive Business – A business where customers usually pay with cash, typically more popular for money laundering
Casus Belli – An action used to justify a war, typically sets a precedent to allow the other nation to strike
Caveat – Latin for “beware”, a condition that prohibits a statute from complete execution without discretion
Central Transportation Unit – Persons in the Division of Juvenile Detention Services who provide safe and secure transportation services for juveniles detained at Juvenile Detention Centers, Alternative Detention Program and Girls’ Detention Program
Certify – To testify in writing; to make known or establish as a fact
Certiorari – A writ by a court that quashes an inferior court’s ruling
Challenge – Rejecting a potential juror
Charge – Formal accusation of a crime
Charge to Jury – In trial practice, an address delivered by the court to the jury at the close of the case instructing the jury as to what principles of law they are to apply in reaching a decision
Charter – A party’s grant of authority or rights to another
Child migration – aka “children on the move”, the legal action of moving children aged 3-18 within or across political borders, with or without their parents/guardians, with or without legal travel documents, to another country or region
Civil/Criminal Chattels – All property except real property; personal property that can include jewelry, clothing, furniture, and appliances
Child – Any person under 16 years old
Child Services – A government bureau that oversees internal cases beyond the purview of legal proceedings
Child Support – Money paid by a parent to help meet a child’s financial needs child
Children in Placement – aka CIP, a voluntary program in Juvenile Court, which monitors neglect cases
Chip Smith Charge – An instruction to deadlocked jurors in civil and criminal cases, urging those jurors who disagree with the majority vote to reexamine the majority views to reach a unanimous verdict
Choice of Law Clause – A contract clause that indicates that a particular region’s laws will apply in the case of any dispute
Civil Action – A lawsuit apart from a criminal case usually filed in a Judicial District courthouse, includes family actions (divorces, child support, etc.) and small claims cases, though these are both separately designated
Claim – In civil cases, the statement of relief desired
Class Action Suit – A civil case that involves many plaintiffs (a class) against a common defendant
Classification and Program Officer – aka CPO, a person who provides classification, program, counseling and recreational services to detained juveniles, may attend certain court hearings in Juvenile Matters and provide reports
Clause – A condition or term in a contract
Coercion – aka “duress”, a situation where a person performs an act due to violence, threat, or other pressure
Collateral – An asset given by someone acquiring a loan which will be taken in lieu of a loan if the debt is not paid
Collateral Contract – A contract formed through at least one party wanting to maintain a primary contract but not wanting to amend it
Collateral Warranty – A warranty that extends to specified third parties who would not otherwise be entitled to a warranty
Collection Account – An arrangement where an immigrant will deposit many small currency amounts into one account where they reside, then the collected sum is transferred to an account in their home country without documentation
Commission – A form of variable-pay remuneration based on a measurement, such as sales
Commission Rogatoire – aka Letters Rogatory, a written request by a central authority of one country to the central authority of another country for legal assistance to furnish evidence
Common Law – Laws that develop through case decisions by judges that aren’t created by legislative bodies
Community Service – Work that convicted defendants are required to perform to repay the community for the harm caused to the community by the crime
Community Services Coordinator – The person who refers a defendant to community service work and supervises the defendant’s completion of that work
Community Service Labor Program – aka CSLP, a community service program for people charged with drug offenses and where the criminal case is dismissed upon successful completion of the community service sentence
Comparative Negligence – A statutory method of assigning fault by determining a percentage of fault, then assessing damages for each party, contrast to contributory negligence
Complaint – A legal document that tells the court what you want, and is served with a summons on the defendant to begin the case
Compliance – A legal state or action of following rules, laws, policy, specifications, or understood norms
Complete Contract – A hypothetical contract that outlines all the rights and responsibilities of everyone in all possible situations, to apply to everyday life uses default rules and mandatory rules
Complex Litigation – A specialized docket designed for complex civil cases, where one judge hears the case from beginning to end and which often include multiple parties, large amounts of money, lengthy trial, or complex legal issues
Condemned Property – A building or property that local (usually municipal) authorities have closed, seized, or placed restrictions on for various reasons including public safety or public health
Condition – A component of a contract that’s necessary for a party fulfilling it, contrast to warranty
Condition Precedent – A contractual state of things or event required for something else to occur, contrast to condition subsequent
Condition Subsequent – A contractual state of things or event that causes something to end, contrast to condition precedent
Conditional Discharge – A disposition, in criminal cases, where the defendant must satisfy certain court-ordered conditions instead of a prison term
Confidentiality – Keeping information out of public or unauthorized view
Confiscation – aka Forfeiture, permanently depriving assets through a court order
Consent – A person making a reasoned, deliberate decision that follows another’s recommendation
Consideration – Giving or promising something another party promised, typically to bind a contract
Consolidation of Goods – An entity groups or mixes restricted items with non-restricted items and doesn’t declare them in shipping documentation
Constitutional convention – Informal and uncodified tradition followed by the institutions of a state
Contempt of Court – A finding that someone disobeyed a court order, but can also mean disrupting court by being loud or disrespectful in court
Contingent Contract – An agreement which states how certain conditions will result in specific outcomes, typically not considered final because they’re based on conditions or events occurring
Continuance – Adjourning or postponing a court case to another day
Continuance Date – Date when a case will next be heard in court
Contract – A legally enforceable agreement between two or more persons or parties, typically arises from a solicitation
Contract Price – The price for engaging in a contract
Contributory negligence – A common law method of assigning fault, where the plaintiff’s failure to exercise reasonable care means they can in no way receive compensation for damages, in contrast with comparative negligence
Control Effectiveness – aka Mitigation Measures or Quality of Risk Management, the measure of the quality of controls used to mitigate inherent business risks
Contumacy – Disobedience of honoring a Summons to appear in a court of law
Conviction – To be found guilty of committing a crime
Corporation – A legally defined Entity that is treated as a living being for legal reasons
Costs – Expenses in prosecuting or defending a case in court, usually doesn’t include attorney’s fees
Count – The different parts of a complaint, which could each be a basis or grounds for the lawsuit
Counter Claim – A claim by the defendant in a civil action that the defendant is entitled to damages or other relief from the plaintiff
Counterparty – A legal entity, unincorporated entity, or collection of entities on the other side of a transaction or dispute
Court-Appointed Attorney – An attorney who is asked by the court (judge) to either represent a party to the case, or to serve in some other capacity that the case requires
Court Clerk – The person who maintains the official court record of your case, with their office receiving all court papers and assigning hearing dates
Court Interpreter – The person who translates court hearings from English to another language, provided at state expense in all criminal cases and in cases enforcing child support orders if requested, no interpreter is available for divorce or any other civil case
Court Monitor – The person who prepares a written record of the court hearing for a fee, if requested, from audiotapes made during the hearing
Court Reporter – The person who records everything said during the court hearing on a stenography machine and prepares a written record for a fee, if requested
Court Services Officer – A person who assists the judge and oversees cases as they go through the court
Court Trial – Trial by a judge, rather than by a jury
Covenant – A verbal or written promise
Cover – A remedy available to a buyer who has received an anticipatory breach, which includes the payment of the extra costs of finding an alternative for the expected goods
Crime – Any action performed in violation of a statute
Crime Victim Compensation Program – Awards money to crime victims and their families for medical, mental health, dental, funeral expenses, lost wages and loss of support
Criminal Proceeds – Any property gained through a crime
Cross Border – A situation that involves two jurisdictions or countries
Cross Claims – A situation where both parties in a civil dispute must pay claims, tends to lead to a set-off
Cross-Examination – Questioning by a party or the attorney of an adverse party or a witness
Custodian – An entity responsible to maintain assets
Custody – Ownership or authority over an entity or asset, implicit for parents and some property depending on the law
Custody Affidavit – A sworn statement containing facts about a child involved in a case, including full name of the child, date of birth, current and past residences and other information as may be required by law
Damages – Money a party receives as compensation for the plaintiff or prosecutor
Damnum sine injuria – Latin for “damages without injuries”, where no legal remedy exists because there were no legal damages
Day Incarceration Center – aka DIC, a community-based program that provides services, supervises, and monitors clients every day during daytime hours who would otherwise be incarcerated
Debt – A duty owed by a party to another party
Debt Validation – A consumer’s right to challenge a debt and receive written verification of debt from a debt collector
Declaration – An unsworn statement of facts made by a party to the transaction, or by one who has an interest in the facts recounted
De facto – Latin for “by fact”, rules that are factual irrespective of law or culture, in contrast with de jure
De jure – Latin for “by law”, laws that are written down, in contrast with de facto
Deed – A legal instrument that transfers an interest, right, or property between entities that must be signed, attested, delivered, and sometimes sealed
Default – To fail to respond or answer to the plaintiff’s claims by filing the required court document; usually an Appearance or an Answer
Default Rules – Rules in the hypothetical complete contract that can be amended, in contrast with mandatory rules
Defendant – The person who is given court papers (aka Respondent) in civil cases, or the person who is arrested and charged with a crime in criminal cases
Delegation – A process in contract and international law where a delegator transfers responsibilities to a delegate, similar to an agent
Delinquent – Failing to pay an amount of money when due in civil or family cases, or a child who violated a law, local ordinance, or an order of the Superior Court in juvenile cases
Dépeçage – A conflict of laws where different issues in a single case are governed by laws of different jurisdictions
Dependent – Someone whose capacity for decision-making person regarded as unable to take care of their personal affairs is at least partially entrusted to a Guardian, typically children but also includes elderly and disabled
Deposition – A word-for-word account (Transcript) made of the testimony of a witness taken, under oath in a courtroom or outside a courtroom (usually in a lawyer’s office) in response to another party’s questions
Derivative – A contract that derives its value from an entity’s underlying performance
Detention Hearing or Detention Release Hearing – A hearing on the first business day after a juvenile is admitted to juvenile detention concerning the legality and appropriateness of their continued detention, which must be reviewed at least every fifteen days
Dictum – Statement of law made by the judge in the course of the decision but not necessary to the decision itself
Discovery – A formal request by one party in a lawsuit to disclose information or facts known by other parties or witnesses
Dismissal – A judge’s decision to end the case
Dismissal Without Prejudice – A judges decision to end the case which permits the plaintiff or prosecutor to renew the case later, while dismissal “with prejudice” by contrast prevents the complainant or prosecutor to bring or maintain the same claim or action again
Dispose – Ending a legal case or a judicial proceeding
Disposition – How a case is settled or resolved
Dissolution – aka Divorce, the legal end of a marriage
Diversionary Programs – Community-based programs that are used to keep eligible, convicted criminal offenders out of prison
Docket – A list of cases scheduled to be heard in court on a specific day or week
Docket Number – A unique number the court clerk assigns to a case, which must be used on all future papers filed in that case, with each docket number starting with two letters to indicate the type of case:
- CI = criminal infraction
- CR = criminal case
- CV = civil case
- FA = family case
- MI = motor vehicle infraction
- MV= motor vehicle case
- SC = small claims
Domicile – The permanent home of a person, and is only 1 residence even if they have several
Donatio mortis causa – Latin for “gift because of death”, a gift given in expectation of the donor’s imminent death
Drop Dead Date – The final date of a contract or court order before stated consequences happen
Drug Court – A Special Session of the Superior Court that is responsible for hearing cases involving charges of drug offenses
Dual Control – A principle where at least two employees must complete an internal control task
Dual-Use Goods – Products or technology that can be used for either military or civilian purposes
Due Diligence – The amount of investigation or care a reasonable person or entity is expected to take before engaging in a contract
Dunning – The process of methodically communicating with customers to ensure the collection of debts
Duty – An action someone is responsible to do or not do
Duty of Care – In tort law, a legal obligation imposed on an individual to adhere to a standard of care
Dying Declaration – A statement a person makes when they are near death, tends to have more weight in legal proceedings than typical statements
Education Program – A program for family violence offenders that, if granted and successfully completed, results in dismissal of criminal charges
Ejectment – A legal case filed against someone who is a holdover tenant (someone who remains after the expiration of a lease)
Electronic Monitoring – An electronic system that provides the Probation Officer or Bail Commissioner a report about whether the offender has left home during the time when the offender was required to remain at his or her home, often uses a GPS ankle bracelet
Emancipated Minor – A person under the age of majority who is granted most rights and legal privileges of an adult
Emancipation – The release of custody for an entity, typically applies to minors but historically applied to slavery
Embargo – An official government action that bans trade with another country, sometimes involves a specific commodity
Embezzlement – Unlawfully using or taking an entity’s funds for personal use
Emergency – An urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or environment and requires immediate action
Eminent Domain – The legal process where private property is taken for public use without the consent of the owner
End-User Certificate – A shipping document that indicates a buyer is the final recipient of a product and doesn’t intend to transfer it to another party
Endorsement – A material change to an insurance policy
Entity – aka party, a named person or corporation
Escalation Clause – A contract clause that allows for changing the agreed-upon price if a specific factor outside the control of both parties changes the situation
Escrow – A condition where a third party is holding on to an asset until both parties can finalize a contract
Essentiala Negotii – Latin for “essential aspects/terms”, the bare minimum requirements for a contract to be effective and legally binding
Estate – The combined assets and liability of a named person
Evasion – When an individual or entity intentionally avoids honoring a statute or order, can be external or internal
Eviction – Legally forcing a tenant out of rented property
Evidence – Testimony, documents, or objects presented at a trial to prove a fact
Ex Parte – Done for, or at the request of, one side in a case only, without prior notice to the other side
Exchange Office – An entity that transfers or swaps out currency
Exclusion Clause – A contract term that tries to limit parties’ rights, can make a contract unenforceable
Execution Suspended – A prison sentence that is suspended in whole or in part provided certain conditions of probation or conditional discharge are met by the defendant
Executory Contract – A contract that hasn’t been fully performed or executed
Expectation Damages – Damages that are recoverable from a breach of contract
Express – Explicit communication (e.g., “I, John Smith, defrauded Mark Jones”), contrast to implied
External Risk – A risk produced by a non-human source and beyond human control
Extinguishment – Destruction in contract law of a right or contract
Extradition – Surrendering a person in one jurisdiction to another jurisdiction
Extraterritorial Jurisdiction – A government’s authority beyond its territory
Factum probandum – Latin for “facts to prove”, with the burden of proof typically on the prosecution
Facilitation – Actions taken by one person to help another person in an activity
Failure to Appear – Failing to file an Appearance form in a civil case, and failing to come to court for a scheduled hearing in a criminal case
Family Relations Counselor – A Family Services Office worker who Mediates disagreements and negotiates agreements in custody, visitation and divorce cases, and may interview each parent and the children in a family at a judge’s request to evaluate the situation and write a report for the judge
Family Support Magistrate – A person who decides cases involving child support and paternity who can also enforce court orders about paternity, child support, and alimony
Family Violence Education Program – A program for family violence offenders that if successfully completed, results in the dismissal of criminal charges
Family Violence Victim Advocate – A person who works with domestic violence victims to determine their needs and inform them of their rights and resources available to them
Family With Service Needs – aka FWSN, a family that includes a child who (a) runs away without just cause (b) is beyond the control of his/her parents/guardian (c) has engaged in indecent or immoral conduct, or (d) is a truant or continuously defiant of school rules and regulations
Felony – Any criminal offense where a person may be sentenced to a term of imprisonment of more than of one year
Felony Murder – A murder a person commits while they were also committing a felony
Filing – Giving the court clerk legal papers which become part of the case file
Finality – A situation where a dispute has had a resolution, and no further appeal or collateral proceedings can disturb that resolution
Financial Affidavit – A sworn statement of income, expenses, property (called assets in accounting) and debts (called liabilities in accounting)
Finding – The court’s or jury’s decision on issues of fact
Firm offer – an offer that will remain open for a certain period or event that changes the situation and can’t be revoked otherwise
Force majeure – French for “overwhelming force”, a common contract clause that releases liability and responsibility of both parties if an unlikely event happens
Foreclosure – A court order ending the legal ownership of property
Foreman – An elected member of a jury who delivers the verdict to the court
Forum Selection Clause – A contract clause which indicates what forum a contract dispute must be resolved (e.g., mediation, arbitration, litigation)
Fraud – Falsely representing matters of fact, can be intrinsic (core misstatements about the issue at hand) or extrinsic (subtly destroying the means to acquire facts)
Freedom of Contract – The right of individuals and entities to bargain freely among themselves about contracts without government interference
Freeze – Preventing or restricting use or transfer of assets
Front Company – a business established and controlled by another organization
Frustration of purpose – A defense in contract law where an unforeseen event has undermined a party’s main reason for entering into a contract, which materially changes the performance of the contract
Fundamental breach – A breach of contract treated as worse than “Breach of Contract” that automatically discharges the entire contract
Garnishment – A court order to collect money or property (e.g., a garnishment may be issued to an employer to pay part of an employee’s wages to someone else to pay a debt or judgment)
Gentleman’s Agreement – A non-binding agreement based on convention, implication, or mutually beneficial etiquette, requires the honor or integrity of all parties to be enforced
Geographical Area – aka GA, the court location where motor vehicle and most criminal cases are heard
Good faith – aka “bona fides”, qualities or attributes that indicate honesty, sincerity, or conviction regarding the truth or falsity of a proposition
Grandfathered – A legal situation which is no longer possible to begin or initiate, but where existing arrangements are still valid
Grantor – A party who transfers ownership of assets
Greylist – A list of suspicious or high-risk entities, in contrast with “blacklist”
Grievance – A complaint filed against an attorney or judge, claiming an ethics violation
Ground – Reasoning based on laws to justify relief
Guardian – A person who has the power and duty to take care of or manage the property and rights of another person regarded as unable to take care of their personal affairs
Guardian Ad Litem – A person, usually a parent, appointed by the court to represent a child or unborn person in a court case (though it will be a social worker if it’s a Child Services worker), and a judge may appoint an attorney if a family member is not available
Guillotine Clause – A contract stipulation that indicates that all parts of a contract package must be adopted or the entire contract package is terminated
Habeas Corpus – A court order that physically brings a person before a court to test the legality of the person’s detention, usually directed to the official or person detaining another, commanding them to bring the person to court for the judge to determine if that person has been denied liberty without due process of law
Habitability – The adequacy of an environment for human living
Heads of Loss – aka “heads of claim”, the various categories a plaintiff will use when seeking damages
Hearing – Any legal proceedings that occur in front of a judge without a jury
Hearsay – Testimony given by a witness who tells second or third hand information
Hire Purchase – An contractual installment plan for payment
Hold-Harmless Agreement – A special type of contract most commonly found in insurance that holds a party completely free of any responsibility for liability or damages
Honor Court – A program of outpatient group therapy for alcohol abusers
Housing Specialist – A person who provides pretrial mediation of landlord/tenant cases to reach settlement, as well as providing information about community resources to litigants
Hung Jury – A jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdict
Illusory promise – A contract, but with vague enough elements that a court won’t enforce it
Imminent peril – aka “Imminent danger”, certain danger that’s immediate and pending, menacingly close at hand, and threatening
Immunity – a legally enforced exemption from specific duties or requirements, can be absolute (for government officials) or diplomatic (across governments for diplomatic officials)
Implied – Communication based on the person’s conduct
Implied-in-fact – A contract defense based on the factual precedent of customary behavior establishing a contract, without explicit dialogue or consent
Implied Authority – The implied ability of an individual to make a legally binding contract on behalf of another organization
Implied Warranty – The implied assurances a seller has given a buyer during a purchase agreement, can be disclaimed by selling as is
Impossibility – A defense in contract law where the circumstances have changed, and nobody presumed they would, so performing the contract is now literally impossible, similar to impracticability, often confused with frustration of purpose
Impracticability – A defense in contract law where the circumstances have changed, and nobody presumed they would, so performing the contract is now too burdensome for one party, similar to impossibility
Impute – Associate liability to a party that holds them responsible, often for financial liability
In status quo – Latin for “in the present state”
Incarceration – Confinement to a state correctional institute or prison
Income Withholding Order – A court order to deduct child support or alimony payments from someone’s wages, which all must include an income withholding order unless both parents ask the judge not to
Indemnity – A contractual obligation to compensate losses through compensation, a common concept within insurance
Indigent – Someone without enough money to either support himself or herself or his or her family, or who cannot afford to pay certain fees required by the court
Inducement – An incentive by a party to bring about a desired state by another party
Information – In a criminal case, the formal court document in the clerk’s file, which contains the charges, dates of offenses, bond status, continuance dates and disposition
Infraction – A case where the fine may be paid by mail and usually the person does not have to appear or come to court, such as a speeding ticket
Inherent Risk – The risk of something before controls are set to mitigate it
Injunction – A court order to stop or to start doing a specific act
Injury – The amount of money that indemnifies a victim
Innominate term – A component of a contract that’s in the middle between a condition and warranty
Innuendo – Spoken words which are defamatory through a double meaning
Insured – An individual or entity who has an insurance policy
Insurance Policy – An agreement for an insured to transfer economic risk to an insurer for a fee
Integration Clause – aka “merger clause”, a condition in a contract that indicates the contract is the complete and final agreement between parties, can make the entire contract an “integrated contract”
Intent – aka “mens rea”, a person’s state of mind when performing an action, in contrast with actus reus
Inter alia – “Latin for “among other things”
Interlineation – Inserting language in between the content of an existing legal document
Interpreter – The person who translates court hearings from a second language to English, provided at no cost to someone who needs them in all cases where the person’s life, freedom, children, or housing are at risk of being taken away or in criminal or child support cases
Interrogatory – Formal, written questions used to get information from another party in a lawsuit
Intervening Cause – A cause that breaks the proximate cause and begins a new sequence of events
Investigation – Obtaining and analyzing information about an entity in response to an alert of a possible statutory violation
Investigatory Grand Jury – A judge, constitutional state referee or any three judges of the Superior Court, appointed by the Chief Court Administrator to conduct an investigation into the commission of a crime or crimes
Invitation to treat/bargain – from the Latin phrase “invitatio ad offerendum” meaning “inviting an offer”, an expression of willingness to negotiate, which doesn’t mean others’ acceptance is a binding agreement
Ipso facto – Latin for “by the mere fact”, declaring a logical connection between two elements
Judge – A person who hears and decides cases for the courts, appointed by the governor for a multi-year term and confirmed by the General Assembly
Judgment – aka Decree or Order, a court decision
Judgment File – A permanent court record of the court’s final disposition of the case
Judicial District – aka JD, where civil, criminal, family and juvenile matters are heard, as well as civil jury, civil non-jury, administrative appeals and family matters
Juris Number – An identification number assigned to each attorney in a state
Jurisdiction – Power and authority of a court to hear and make a judgment in a case
Juror – Member of a jury
Jury Charge – The judge’s formal instructions on the law to the jury before it begins deliberations
Jury Instructions – Directions given by the judge to the jury concerning the law of the case
Juvenile Court – aka “Superior Court for Juvenile Matters”, a special division of the Superior Court designated to hear all cases concerning Uncared For, Dependent children and youth and delinquents
Juvenile Delinquent – A person under the age of 16 who commits a criminal act
Juvenile Detention – State facility to provide for the temporary care of a child who alleged to be delinquent and who requires a physically restricted, secure environment
Juvenile Detention Center – A secure facility for juveniles operated by the Division of Juvenile Detention Services of the State Judicial Branch, open 24 hours a day, 7 days a week
Juvenile Detention Officer – aka JDO, a person who works within a Juvenile Detention Center
Juvenile Matters – All cases concerning:
- Uncared For, Neglected or Dependent children and youth
- Termination of parental rights of children committed to a state agency
- Matters concerning families with service needs
- Contested matters involving termination of parental rights or removal of guardian transferred from the Probate Court and the emancipation of minors
- Doesn’t include matters where the Probate Court has jurisdiction, who hears appeals concerning adoption, termination of parental rights, and removal of a parent as guardian
Juvenile Probation – Placement of an adjudicated delinquent under the supervision of a juvenile probation officer
Juvenile Transportation Officer – aka JTO, a person who provides safe transportation services for juveniles in custody
Kickback – A negotiated form of bribery where a commission is paid to the bribe-taker in exchange for rendered services
Knock and talk – An investigative technique where one or more police officers approaches a private residence, knocks on the door, and requests consent from the owner to search the residence
Knowledge – The mental state that accompanies a prohibited act
Lapse – A gap in time after the term ended
Larceny – Theft of physical possessions
Law Librarian – Court staff who maintain legal reference and research materials for public use
Legal Aid or Legal Services – Free legal representatives in civil cases for income eligible persons
Legal Custody – Relationship with a child created by court order which gives a person legal responsibility for the physical possession of a minor and the duty to protect, care for and discipline the child
Legal Fiction – A fact assumed or created by courts, which is then used to reach a decision or apply a legal rule (e.g., your formalized full name in all capital letters)
Legal Instrument – A legal document that can be formally attributed to its author
Legal Immunity – A condition where a person or entity cannot be held liable for a violation of the law
Legal Rights – Rights bestowed onto a person by a legal system (creates “positive laws”), in contrast with natural rights
Legal Separation – A court order describing the conditions under which two married people will live separately
Legality – Whether an action is consistent or aligned with the law
Lemon Laws – aka “redhibition”, a civil action against a seller/manufacturer of a defective product
Letter of Intent – aka “letter of comfort”, “heads of terms” or “heads of agreement” an unenforceable communication to indicate initial willingness to enter into a contract but without all the necessary elements to make a contract, its purpose is to create a morally binding but not legally binding assurance and tends to be worded vaguely
Liability – The responsibility a party has for adverse events
License – Authorization to perform an otherwise prohibited or restricted activity
Lien – A charge, hold, or claim upon property of another as security for a debt
Limited Liability Company (LLC or LTD) – A company where the owners’ liability is limited to how much they’ve put into the company
Limited Liability Partnership (LLP) – A partnership that is a Limited Liability Company
Limited Warranty – A warranty that only applies to portions of a contract
Liquidated Damages – A contract stipulation that clarifies the damages incurred in the case of specific breaches of contract
Lis Pendens – A pending lawsuit, jurisdiction, or control that courts have over property in a case waiting for final disposition, a notice of lis pendens is filed on the land records
Litigant – A party to a case
Lockout – Illegally forcing a tenant out of rented property, usually by changing the locks on the doors
Locus standi – aka “standing, a party seeking a legal remedy must demonstrate to the court they have sufficient connection with what they’re challenging
Loss – A materially significant sabotage for an individual or entity’s expected purposes or rights
Magistrate – A person who is not a judge but who is authorized to hear and decide certain types of cases (e.g., family support magistrates hear cases involving child support)
Mala fide – Latin for “in bad faith”, intentional fraud or deception, in contrast with bona fide
Malum in se – Latin for “wrong in itself”, some crimes are considered inherently wrong, regardless of whether there’s a law for it (e.g., murder, rape), in contrast with malum prohibitum
Malum prohibitum – Latin for “prohibited wrong”, a crime is bad not because it’s inherently bad, but because the state has prohibited it
Mandamus – An order directed to a private corporation, or any of its officers, or to an executive, administrative or judicial officer, or to a lower court, commanding the performance of a particular act
Mandatory Rules – Rules in the hypothetical complete contract that can’t be amended, in contrast with default rules
Marshal – The people responsible for courthouse security (e.g., metal detectors at the entrance of each courthouse) and maintaining order in each courtroom, they can serve legal papers to named people named in a lawsuit
Material – An adjective referring to information or objects that would change the state of a ruling or contract
Mediation – A dispute resolution process in which an impartial third-party assists the parties to voluntarily reach a mutually acceptable settlement
Meeting of the minds – A legal situation where two parties have interacted in a way that a contract was possibly formed
Minor – A person under the age of majority
Misdemeanor – A crime that carries a maximum penalty of one year or a $2,000 fine
Misnomer – A wrong or inaccurate name or term
Misrepresentation – A false or misleading statement of fact
Mistake – An erroneous (while innocent) belief of certain facts being true
Mitigating Circumstances – Circumstances that may be considered to reduce the guilt of a defendant, usually based on fairness or mercy
Mittimus Judgment – aka Mitt, the formal document prepared by the court clerk to present a convicted defendant in a criminal case to the Department of Correction for incarceration
Modification – Request to change a prior order, usually requires showing a change in circumstances since the date of the prior order
Modus operandi – Latin for “way of operating”, the way of work or mode of operation
Modus vivendi – Latin for “way of life”, the customs and approach of a person’s routine
Money Order – A monetary instrument usually purchased with cash in small denominations
Money Laundering – Concealing or disguising illegal transfers to make them appear legitimate, consists of 3 stages: (1) place funds in a financial system (2) layering transactions to disguise its details (3) integration of funds back into society
Moot – A matter where legal proceedings regarding it can’t have any effect
Morals Clause – aka “bad boy/girl clause”, a clarification in a contract about what a party cannot do
Moratorium – A legally authorized period of delay for a legal obligation
Motion – Usually written request to the court in a case, typically to dismiss or revise an allegation, filed with the clerk’s office
Movant – The person who filed the motion, or request, to the court
Moving Party – The person making the request to the court in a case
Named Person – An individual’s legally recognized name on a legal document
Natural Rights – Rights which are universal, fundamental, and inalienable that the laws or customs of a particular government cannot bestow, in contrast with legal rights
Ne Exeat – A legal paper requesting that a person be required to remain within the jurisdiction of the court (either through incarceration or posting of a bond)
Negative Pledge – A contract provision that prohibits a party from creating security interests over specified property
Neglected Minor – A child or youth who has been (a) abandoned, (b) denied proper attention, (c) permitted to live under conditions injurious to his/her well-being, or (d) abused
Negligence – Failing to exercise appropriate care expected for specific circumstances
Negotiable Instrument – A legal instrument that indicates payment
Nonacquiescence – The intentional failure by one branch of a government to comply in some way with another branch’s decision
Non Prosequitur – A final legal judgment against the plaintiff for neglecting to take the responsible steps they’re required to take
No Contact Order – A court order that prohibits a defendant from contacting the stated victim; can be ordered by a judge, a bail commissioner, a probation officer or a parole officer
No Contest – aka Nolo Contendre, a plea in a criminal case that allows the defendant to be convicted without admitting guilt for the crime charged, while a finding of guilty is entered on the criminal court record the defendant can deny the charges in a civil action based on the same acts
No-Fault Divorce – aka “Broken Down Irretrievably”, the most common kind of divorce, where no one needs to prove that the husband or the wife is at fault, or caused the marriage to end
Nokku Kooli – Malayalam for “gawking wages”, extortion by organized labor by showing up, not doing the work, then demanding payment with risk of violence after the work is completed by someone else
Nolle – Short for “nolle prosequi”, Latin for “no prosecution”, a disposition where the prosecutor/plaintiff agrees to drop the case against the defendant but keeps the right to reopen the case and prosecute in the near future
Non es factum – Latin for “not my facts”, where a signing party can escape performance of an agreement when it’s fundamentally different from what they intended to sign
Nondelegable Obligation – A legal obligation which is not delegable
Non-Repudiation – The confirmation of the validity of a repudiated signature on a contract
Non Sequitur – Latin for “no sequence”, a statement which does not follow logically from or not clearly related to anything previously said
Non-Suit – Vacating a case by the court, usually for failure to prosecute
Notarize – To formally complete a document by acknowledgment or oath
Notice of Violation – A notice that local cities and towns issue that give 30-60 day notice to correct the violation
Novation – A transaction where a new contract is agreed-upon by all parties to replace the existing contract that replaces an obligation to perform with another obligation, adds an obligation to perform, or replaces a party to an agreement with another party
Nudum Pactum – Latin for “naked promise”, a promise that doesn’t have consideration, meaning it’s not legally binding
Nunc Pro Tunc – Latin for “now for then”, retroactively correcting an earlier ruling
Oath – To swear/affirm to the truth of a statement/document
Obiter dictum – Latin for “other things said”, a legal opinion expressed by any judge or arbitrator which is not binding but can be persuasive, in contrast with ratio decidendi
Obligatio Consensu – Latin for “obligation by consent”, contracts which don’t require formalities or parties present
Obligation of Performance – An offeror’s requirement to perform according to a contract, triggered by power of acceptance
Occupy – Broad word for a physical space that a party either owns or inhabits
Office of Adult Probation – A division within the Judicial Branch The primary responsibilities of the Office of Adult Probation are to supervise people placed on probation, to conduct investigations for the court to provide background information on convicted offenders and to conduct eligibility investigations for special programs
Officious Intermeddler – A person who voluntarily, without request or pre-existing legal duty, interjects themselves into others’ affairs
Offshore – Out-of-country, relative to context of current country
Onus Probandi – aka “burden of proof”, the duty of a party to produce an assertion of fact, includes (1) the burden of producing and (2) the burden of persuasion
Operational Risk – Risks that come from failed organizational operations
Order – A written direction of a court or judge to do or refrain from doing certain acts
Order to Detain – An order signed by a judge of the Superior Court authorizing admission of a juvenile to a Juvenile Detention Center, pending a hearing on the next business day
Order of Detention – An order issued by a judge of the Superior Court finding that there is probable cause that a juvenile committed an offense or a violation of a court order and ordering that the juvenile be held in a Juvenile Detention Center or some alternative facility until further order of the court
Orders of Temporary Custody – aka OTC, court order placing a child or youth in the short-term legal custody of an individual or agency authorized to care for juveniles
Parcel – A tract or a plot of land
Parenting Education Program – A mandatory program for people involved in a divorce with children or a custody or visitation case, must be attended within 60 days of the return date on the summons
Parole – Release from incarceration after serving part of a sentence
Particeps criminis – Latin for “criminal participant”, a participator in a crime
Parties – The people or legal entities that are named as plaintiff(s) and defendant(s) on legal papers
Party – A person or legal entity that is named as a plaintiff or defendant on legal papers
Paternity – Legal fatherhood
Penalty Clause – A contract clarification that delivers a penalty for over-performing (e.g., finishing a job late), in contrast with bonus clause
Pendente Lite Order – A court order made before final orders are granted
Peppercorn – A tiny consideration such as a small cash payment which satisfies the requirements for creating a legal contract
Per Curiam – Latin for “by care”, referring to the court
Per Incuriam – Latin for “by no care”, referring to negligence
Per Minas – Latin for “by menaces or threats”
Per Se – Latin for “by itself”
Peremptory Challenge – The rejection of a prospective juror by the attorneys in a case, without having to give a reason, state law defines the number of peremptory challenges available
Perjury – Making false statements under oath
Persona Non Grata – Latin for “unacceptable/unwelcome person”, typically a person who is not where they ought to have been or a person in a foreign country against the laws of that country’s government
Personalty – aka “personal property” or “chattel”, property tied to a person, which means it’s movable (e.g., cars), in contrast with realty
Petition – A formal written request to a court that starts a Special Proceeding
Plaintiff – aka Petitioner or Complainant, the person who sues or starts a civil case
Plea – An accused person’s answer to a criminal charge (e.g., not guilty; guilty; no contest)
Plea Bargain – The agreement a defendant makes with the prosecutor to avoid a trial, usually involves pleading guilty to lesser charges in exchange for a lighter sentence
Pleadings – The court documents filed with the court by the parties in a civil or criminal case (e.g., motion to dismiss, motion for modification)
Post Bond – To pay the court ordered bond amount with cash or property
Post Judgment – Any request to a court or action by a judge after a judgment in a case
Power of Acceptance – A party’s ability to respond to a contract, which triggers the offeror’s obligation of performance
Practice Book – Contains the rules of court and forms which must be followed in all state court cases, available in all courthouse law libraries
Precedent – A principle or rule established in a previous legal case, tends to guide most cases
Prerogative – An exclusive right bestowed by a government and invested into an individual or group, which is separate from the body of rights enjoyed by everyone under general law
Preemption Right – aka “first option to buy”, a contractual right granted for a party to acquire newly existing property before it can be offered to any other party
Pre-Sentence Investigation – aka PSI, a background investigation conducted by a probation officer on a person who has been convicted of a criminal offense
Presumption – A particular fact that can be made without the aid of proof
Pretrial – In a civil case, a conference with a judge or trial referee to discuss discovery and settlement, in a criminal case, a conference with the prosecutor, defense attorney and judge to discuss the case status and what will happen next
Pretrial Hearing – Conference with attorneys to determine scope of possible trial with view toward resolving issues through agreement
Privity – a close, mutual or successive relationship to the same right of property or power to enforce a promise or warranty, typically part of contract law
Pro Rata – Latin for “per rate”, typically refers to a proportional amount (e.g., a fraction of the number of days used versus the total number of days in a contract)
Probable Cause Hearing – A hearing held before a judge in criminal cases to determine if enough evidence exists to prosecute, the hearing must be conducted within 60 days of filing the complaint or information in Superior Court, unless the defendant waives the time or the court grants an extension based on good cause
Probate/Probate Court – A court with limited authority to hear certain kinds of cases, such as adoption, guardianship, mental health commitments, not a part of the Superior Court system
Probation – aka Community-Led Supervision, when a convicted offender receives a suspended term of incarceration and is then supervised by a probation officer for a period of time set by a judge
Probation Absconder – A person under probation supervision whose location is unknown, in violation of the conditions of their probation
Production – Providing evidence that proves an assertion of fact is true, typically falls on the prosecution/plaintiff
Promise to Appear – A type of non-financial bond where the defendant agrees to return to court without giving cash or property
Property – A person’s lawful possession, often refers to real estate but can also apply to intellectual property, contracts and service agreements, or assets, once involved people directly but has generally transitioned strictly to debt
Protection – Broad word that refers to the state or means of being safe
Pro Se – Latin for “for yourself”, representing yourself in any kind of case
Pro Se Divorce – Do-it-yourself divorce
Prosecute – To carry on a case or judicial proceeding, or to proceed against a person criminally
Prosecutor – aka State Attorney, represents the state in a criminal case against a defendant
Protective Order – A criminal court order issued by a judge to protect a family or household member
Provision – A written term used in a solicitation, which becomes a clause once the solicitation becomes a contract
Proximate Cause – an event related to an injury enough that it’s deemed as the injury’s cause, applies to both law and insurance
Public Defender – An attorney appointed and paid by the state who defends a person in a criminal case after the court finds that the person is indigent (financially unable) to hire a private attorney
Public Domain – A property that’s meant for public use, typically refers to intellectual property
Puffery – Exaggerated or false praise
Quantum Meruit – Latin for “the amount one has earned”, the fair amount a person deserves to be paid for a service
Quantum Valebant – Latin for “the amount of value of something”, the fair amount a person deserves to be paid for goods
Quasi-Contract – A fictional contract recognized by a court, even when it’s not an explicit agreement
Quid Pro Quo – Latin for “something for something”, typically refers to business exchanges or agreements
Ratio Decidendi – Latin for “the reason for the decision”, reasoning for a ruling regarding the crucial facts and law of a case, contrast to obiter dictum
Ready – Means ready to start the trial or begin oral argument, usually said by an attorney or party in response to a judge calling the list of scheduled cases
Realty – aka “real estate”, land which is the property of a person, along with all structures integrated with or affixed to the land, contrast to personalty
Rebating – A separate contract that gives back consideration on top of a formal contract (e.g., providing a consulting fee for future possible service)
Recharacterization – Treating something differently than the way it was described
Reciprocal Obligation – A contract arrangement where several parties have shared obligations
Record – The pleadings, exhibits, and transcript made by the court reporter of all proceedings in a trial
Rectification – A situation where a court orders a document to be changed to reflect what it ought to have said in the first place
Referee – Judges who reach the mandatory retirement age of 70 may be designated as Judge Trial Referees by the Chief Justice and can hear and decide certain types of cases
Refoulement – The act of a government sending a refugee back to their country they fled from
Regional Child Protection Docket – A specialized court designed to hear complicated child protection cases where one judge hears the case from start to finish
Regional Family Trial Docket – A specialized court designed to hear complicated family cases where one judge hears the case from start to finish
Reinstate – Reverting a contract to the terms it had before it lapsed
Relief – A broad word referring to entitlements that the plaintiff/prosecution is claiming the defendant must provide, often involves money
Remedy – The action necessary to indemnify a party
Remoteness – The distance between an action’s cause and the loss or damage sustained as a result, addressed through a series of rules in both tort and contract law and limits the amount of compensatory damages available for a violation
Remuneration – Paying back a party for a performed service
Renewal – A contract that carries on to another term, with minor modifications to details such as pricing or physical address
Repudiation – Discrediting the validity of a signature on a contract, can directly lead to non-repudiation
Reputation Risk – The potential risks from adverse publicity
Rescission – Unwinding a contract to a state before the contract occurred, typically from situations like mistakes or misrepresentations
Residential Treatment Programs – Programs that provide extensive drug or alcohol treatment on an inpatient basis
Rest – To be done presenting the evidence in a case, as in “the plaintiff rests”
Restitution – Money ordered to be paid by the defendant to the victim to reimburse the victim for the costs of the crime (or to the court for their trouble), generally gives up the equivalent for any loss, damage, or injury caused by a person’s actions to the court and contrasts to loss-based recovery, Often a condition of criminal probation
Restraining Order – A civil court order to protect a family or household member from physical abuse
Retainage – A contract arrangement where a portion of the agreed-upon price is withheld until the work is completed to ensure performance
Retention – To hold on to something, often for a contractual agreement
Return Date – A date where nothing happens and no one must go to court on, but the 90-day waiting period for a divorce begins, and a countdown starts for certain filing deadlines
Revoke – aka “void”, “annulment” or “cancellation”, the invalidation of a contract
Revocation Hearing – A hearing held before a judge to determine whether a person has violated the conditions of probation, and a finding that a violation has occurred may provoke the judge to impose all or part of the original sentence
Rider – An addendum to a contract that replaces the original wording of the language
Right – A legal, social, or ethical principle of freedom or entitlement
Right of First Refusal – A party’s held right to enter a business transaction with another party or refuse first before that party can enter an agreement with a third party
Ripeness – The readiness of a case for litigation
Risk – aka Danger, the possibility of suffering harm or loss
Risk Appetite – aka Risk Tolerance, the amount of risk an entity is willing to take
Risk of Loss – The contractual determination about which party should pay for any damages after a sale but before a delivery
Rule to Show Cause – Summons compelling a person to appear in court on a specific date to answer to a request that certain orders be modified or vacated
Safe Harbor – A statute that specifies that certain conduct is deemed to not violate a given rule
Sanction – A country’s prohibition of transactions and activity with another country
Scope of Licensing – Permitted activities granted by a license
Scope of Permitted Activities – Activities permitted with or without a license
Scrivener’s error – A clerical error in a legal document
Seal – A court order closing a case file from public review, usually in cases of youthful offenders and acquittal, and prevents the public from obtaining information on the cases
Security – A tradable financial asset, typically refers to a type of surety given by a party to bind an agreement (e.g., for a loan) or owning shares of a company
Senior Judge – A judge who reaches the age of 65, or who meets certain other requirements and chooses senior status
Senior judges hear cases on a part-time basis until they reach the mandatory retirement age of 70
Sentences – The penalty imposed by a judge after the defendant is convicted of a crime, and can be:
- Concurrent – Multiple sentences served at the same time (i.e., concurrent sentences of 10 years, 8 years and 2 years – equal a total effective sentence of 10 years)
- Consecutive – The sentences are served back-to-back (e.g., the same example above would equal a total effective sentence of 20 years)
Sentencing – When a criminal defendant is brought before a judge after conviction for ordering the terms of the punishment
Sentence Modification – A defendant’s written application to the sentencing judge or court to have a hearing to reduce the sentencing while they’re serving it, and the prosecutor must agree if the original sentence was more than three years
Sentence Review – A defendant’s written application to a three judge panel to review the sentence, which must be filed within 30 days after being sentenced with the court clerk and can increase or decrease the sentence
Serious Juvenile Offender – A child who has been adjudicated by the juvenile court for a serious juvenile offense
Serious Juvenile Offense – Certain criminal offenses listed in the state General Statutes, which are crimes against people, serious property crimes and certain drug offenses, and may admit a juvenile charged with it to a Juvenile Detention Center with a prior court order to only be released by order of a judge of the Superior Court
Service – The legal method of giving a copy of filed court papers to other parties in a case, which is necessary for legal proceedings to continue
Set-Off – A procedure that provides netting (combining liabilities instead of keeping them separate) for more efficient cross claims
Settlement – A legal alternative to paying damages to a court, typically through arbitration or mediation
Shelf Company – Company created months or years ahead of time, then goes “on the shelf” until needed
Shell Company – A company without active business or assets, completely legal but can be used for illegal activity
Short Calendar – A list of cases in which hearing by the judge or magistrate is requested or required
Shrink wrap Contract – A standard contract attached to the product itself, with usage of the product implying acceptance of its terms
Side Letter – aka “side agreement” or “side letter arrangement”, a second contract that’s not part of a primary contract, but is used to cover issues that the primary contract doesn’t cover
Simple Contract – A written or oral contract that isn’t formally sealed, needs physical consideration to be valid
Sine Qua Mon – Latin for “without which nothing”, an essential condition that is absolutely necessary, typically refers to an argument that, if debunked, causes the entire argument to crumble
Slip Opinions – Opinions, or written decisions, of the Supreme Court or the Appellate Court that are publicly released before their official publication in the state’s Law Journal
Small Claims – Civil actions to recover damages, or money, up to $5000, with relaxed rules of evidence and people often representing themselves instead of hiring an attorney
Solicitation – An offer to engage in a contract
Sound Mind – A person in a state of mind where they’re capable of making reasonable decisions
Special Proceeding – A specific court action that has been authorized by Statute
Special Sessions of the Superior Court – A program of the Judicial Branch where cases of a single type are heard by the same judge through the entire case and can include Drug Session, Tax Session, and Community Court
Specific Performance – A court’s requirement for a party in a contract to perform a specific action
Standard Form Contract – aka “contract of adhesion”, “leanine contract” or “take-it-or-leave-it contract”, a conventionally written formalized contract, typically written by attorneys and then signed by someone without much review, any ambiguity leans in favor of the responding party
Standard of Care – In tort law, the only degree of prudence and caution required for an individual under a duty of care
State Actor – a person acting on behalf of a government body, therefore subject to limitations imposed on governments by the Constitution
State Referee – A retired judge who presides over cases referred by the court with agreement of counsel for both parties and has the full powers of an active trial judge
Statute – A law enacted by a legislative body, contrast to Common Law
Statute of Frauds – The laws a region has established to prevent fraud by requiring written and signed agreements for all contracts in that domain
Statute of Limitations – A certain time allowed by law for starting a case after the event has happened (e.g., 6 years in a contract case)
Stay – Temporarily stopping a judicial proceeding
Sting Operation – An investigation that involves undercover officers posing as criminals to win the trust of suspected or known criminals
Steering – Trying to influence someone against their interests
Stipulation – aka “stip”, a written agreement by the parties or their attorneys
Stripping – Omitting or removing key information to avoid detection
Subpoena – A command to appear in court to testify as a witness
Subpoena Duces Tecum – A legal paper requiring someone to produce documents or records for a trial
Subrogation – A third-party assuming a party’s contractual right to collect a debt or damages
Substance Abuse Education – A community-based program for drug offenders that educates on the harmful effects of drug abuse and supervises community service
Substitute Charge – In a criminal case, a charge that replaces the original charge by the prosecutor
Summary Process – An eviction case
Summons – A written notice issued by the court that gains jurisdiction over a party by commanding a person to appear in a court at a given date and time, which is issued to an individual charged or other party on a petition or complaint and starts a civil case
Support Enforcement Officer – A person who supervises child support payments and brings parents to court to enforce child support orders. May also file legal papers to modify or change child support orders
Surety – aka “guarantee”, a private transaction where a person makes themselves answerable for something
Supreme Court – The highest law interpretation in the land, only arrives after going through an Appellate Court
Suspect Classification – A class or group of people meeting a set of criteria that suggests they’re likely the subject of discrimination
Taint – Evidence which has been ruined in some manner, typically by being obtained illegally by law enforcement
Tax – A financial requirement for an individual or entity to pay a government for a business transaction
Term – A clearly indicated period of time
Terra Nullius – Latin for “nobody’s land”, a territory that no government owns
Testimony – Statements made by a witness or party under oath
Time Served – A sentence of incarceration equal to the amount of time a defendant has already spent in state custody waiting for Disposition of the case
Title – Legally recognized ownership of property, usually proven by a document
Tort – A civil injury or wrong to someone else, or their property
Tortfeasor – the defendant in a tort case
Transcript – The official written record of everything that was said at a court proceeding, a hearing, or a deposition
Transfer – Assignment of a case to another court location by court order
Transfer Hearing – Juvenile Court hearing to determine whether a child, 14 or older, charged with a serious juvenile offense should have his/her case transferred to a criminal court and be subject to the same processes and penalties as an adult charged with the same crime
Transshipment – Shipping goods through intermediate countries
Trial De Novo – A new trial or retrial in which the whole case with evidence and witnesses is presented as if no previous trial had been held
Trial Referee – An attorney appointed by the Chief Justice to hear any civil non-jury case where the parties agree to use a trial referee and all the legal papers have been filed
Ultrahazardous Activity – In tort law, an activity that is so harmful that a person performing that activity can be held liable for any injury, even if they took all necessary precautions
Ulysses pact – aka “Ulysses contract”, an agreement a person makes for a future situation where they may not be as capable of deciding
Unaccompanied Minor – A child who is not accompanied by a legal guardian
Uncared For – Legal description of a child or youth who is homeless or whose home cannot provide the specialized care which his/her physical, emotional or mental condition requires
Unconditional Discharge – A sentence in a criminal case in which the defendant is released without imprisonment, probation supervision or conditions
Undue Influence – A situation where one party pressures another into signing a contract
Unjust Enrichment – In laws of equity, a situation where one person is enriched at another’s expense in an unjust capacity
Vacate – To cancel or rescind a court order
Venue – The court location
Vest – The process of transferring property between parties, typically happens after a specified period of time from an event
Veto – A ban or order to not allow something to become law, even if it has been passed by a legislative body
Victim Services Advocate – A person who assesses a victim’s needs and helps the victim understand the court case, how to exercise their rights and how to access other resources
Visitation – aka “Parenting Time” or Access, a court order deciding the amount of time a noncustodial parent may spend with his or her child
Violation – An offense for which the only sentence authorized is a fine
Violation of Probation – Action or inaction that disobeys a condition of probation
Voir Dire – Latin for “to speak the truth”, The process of questioning prospective jurors or witnesses about their qualifications
Vox populi – Latin for “people’s voice”, the opinion of the majority of the people
Wage Execution – aka Garnishment or Attachment, the process of deducting money from wages to pay a judgment
Wage Withholding – A court order to deduct child support or alimony payments from someone’s wages, and all child support court orders must include an income withholding order unless both parents ask the judge not to
Waiver – Voluntarily giving up or removing existing conditions
Warranty – Elements in a contract that may lead to damages but wouldn’t typically void the contract
Witness – A person who testifies to what they saw, heard, observed or did
Writ – Legal paper filed to start various types of civil lawsuits
Youth – Any person 16 to 18 years of age
Youthful Offender – The legal status of persons who have been arrested for a crime committed when they were between 16 and 18 and meet some other requirements