Glossary of Terms
ACQUITTAL: Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
AFFIDAVIT: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
AFFIRMED: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
ANSWER: The formal written statement by a defendant responding to a civil complaint and setting Forth the grounds for defense.
APPEAL: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
APPELLATE: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
ARRAIGNMENT: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
BAIL: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his appearance on the day and time appointed.
BANKRUPTCY: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
BENCH TRIAL: Trial without a jury in which a judge decides the facts.
BRIEF: A written statement submitted by the lawyer for each side in a case that explains to the judges why they should decide the case or a particular part of a case in favor of that lawyer's client.
CHAMBERS: A judge's office.
CAPITAL OFFENSE: A crime punishable by death. CASE LAW: The law as laid down in cases that have been decided in the decisions of the courts.
CHARGE TO THE JURY: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
CHIEF JUDGE: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
CIRCUMSTANTIAL EVIDENCE: All evidence except eyewitness testimony.
CLERK OF COURT: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
COMMON LAW: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
COMPLAINT: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
CONTRACT: An agreement between two or more persons that creates an obligation to do or not to do a particular thing.
CONVICTION: A judgement of guilt against a criminal defendant.
COUNSEL: Legal advice; a term used to refer to lawyers in a case.
COUNTERCLAIM: A claim that a defendant makes against a plaintiff.
COURT: Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."
COURT REPORTER: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
DAMAGES: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
DEFAULT JUDGEMENT: A judgement rendered because of the defendant's failure to answer or appear.
DEFENDANT: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
DEPOSITIION: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
DOCKET: A log containing brief entries of court proceedings.
EN BANC: "In the bench" or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
EVIDENCE: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
FEDERAL QUESTION: Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.
FELONY: A crime carrying a penalty of more than a year in prison.
GRAND JURY: A body of citizens who listen to evidence of criminal allegations, which are presented by the government, and determines whether there is probable cause to believe the offense was committed. As it is used in federal criminal cases, "the government" refers to the lawyers of the U.S. attorney's office who are prosecuting the case.
HABEAS CORPUS: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
HEARSAY: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
IMPEACHMENT: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
INDICTMENT: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
in forma pauperis:In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
INFORMATION: A formal accusation by a government attorney that the defendant committed a misdemeanor.
INJUCTION: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
INSTRUCTIONS: Judge's explanation to the jury before it begins deliberations of the questions it must answer and the law governing the case.
INTERROGATORIES: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
ISSUE: (1) The disputed point in a disagreement between parties in a lawsuit. (2) To send out officially, as in to issue an order.
JURISDICTION: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
JURY: Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.
JURISPRUDENCE: The study of law and the structure of the legal system.
LAWSUIT: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
LITIGATION: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
MAGISTRATEE JUDGES: Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge.
MISDEMEANOR: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
MISTRAIL: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
OPINION: A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment.
ORAL ARGUMENT: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
panel: (1) In appellate cases, a group of judges (usually three) assigned to decide the case; (2) In
the jury selection process, the group of potential jurors.
ABILITY TO PAY: What a parent actually earns.
ABUSE: Behavior that causes physical, mental, or emotional harm.
ACKNOWLEDGED FATHER: A biological father who has admitted paternity.
ACTION: A legal proceeding in a court of law.
ADJUDICATION: The act of pronouncing a judgment after evidence has been submitted.
ADMISSIBLE: Evidence that may be introduced.
ADULTERINE BASTARD:A child born to a married woman when she is not married to the father.
ADVERSARY SYSTEM: The system of resolving disputes where the sides compete instead of cooperate.
AFFIDAVIT: A written statement made under oath and filed with the court.
ALLEGATIONS: The claims made by one side in a lawsuit.
ALTERNATIVE DISPUTE RESOLUTION (ADR): A collection of techniques that settle a dispute without a trial.
ANSWER: A response to allegations made in a complaint.
APPELLANT: The perosn initiating the appeal.
APPEAL: A request to a higher court to review a decision made by a lower court.
APPELLANT COURT: A Court that can review the decisions of another court.
APPELLEE: The person against whom the appeal is filed.
ARBITRATION: A form of alternative dispute resolution where the two sides submit the dispute to a third party, who makes the decision.
ARREARAGE: A pass due debt.
ATTORNEY: A person who can represnet you.
AWARD: Compensation given by the court.
BAILIFF: A person who keeps order in the courtroom.
BENCH TRIAL: A trial conducted by a judtge without a jury.
BEST INTEREST OF THE CHILD: The legal standard used to guide decisions about child custody and child support.
BIAS: An inability of the judge to make an impartial decision.
BRIEF: A written statement containing facts and law that support an argument in a case.
BURDEN OF PROOF: The standard by which a case is decided. The duty to prove a fact in dispute.
CALENDAR: The list of cases with the day and time to be heard.
CAPTION: The heading on a court paper. The caption contains the names of the parties, the name of the court, the case number, and the title of the document.
CASE LAW: Law based on prior decisons.
CASE-IN-CHIEF: The main body of evidence presented during a trail.
CASE: A legal dispute.
CAUSE OF ACTION: The facts or legal theories that form the basis for the lawsuit.
CERTIORARI: An order allowing an appeal.
CHAMBERS: The judge's office.
CHANGE OF VENUE: The act of moving a lawsuit to another court in the same county or district.
CHILD CARE CREDIT: A credit for parents who pay someone to care for their child so they can work or look for work.
CHILD SUPPORT: The money one parent pays the other for the care and wlfare of the children.
CHILD SUPPORT GUIDELINES: A mathematical formula used to calculate how much money one parent should pay the other.
CITATION: A reference to a legal source, such as a case, statute, or treatise.
CLAIM: An assertion made by ther person who is suing.
COMPLAINANT: The person who intiates the lawsuit. Also, petitioner or plaintiff.
COMPLAINT: The first document in a lawsuit that states what the plaintiff is suing for.
CONCILIATION: A form of alternative dispute resolution where a neutral person helps the parties settle their dispute.
CONTEMPT OF COURT: Behavior intended to obstruct a court order.
CONTINGENCY FEE: A legal fee based on the outcome of the case.
CONTINUANCE: The act of posponing a legal proceeding to a later date.
COUNSEL: An attorney.
COUNTERCLAIM: A complaint made by the defendant against the plaintiff.
COUNT: A statement in a complaint or petition claiming a specifie legal violation or injury.
CLERK: A court employee who may maintain the record of court proccdings, file documents, or assist the judge.
COURT COSTS: Additional expenses in a lawsuit beyond those charged by lawyer.
COURT PAPERS: Papers filed with the court related to the lawsuit.
COURT REPORTER: An official who records the discussions and proceedings in a hearing, deposition, or trial.
COURT RULE: rules created by the court ot handle administrative details.
CROSS-EXAMINATION: The questioning of a witness by the opposing side.
CUSTODIAL PARENT: The parent who is primarily responsible for raising the children.
DECISION: A judgment made by the court.
DECREE: A decision or order of the court.
DEDUCTIONS: Expenses that are subtracted from gross income.
DEFAULT JUDGMENT: The judgment made when the defendant fails to respond.
DEFENDANT: A person being sued.
DEPENDENT: A person supported by someone else.
DEPENDENT EXEMPTION: A tax deduction for a dependent.
DEPOSED: The act of being questioned under oath.
DEPOSITION: An oral statement made under oath.
DIRECT EXAMINATION: The questioning of a witness by the party who called the witness.
DISCOVREY: The process of gathering information to present at a hearing or trial.
DISPUTE: The conflict that the court is being asked to resolve>
DIVORCE: A legal decision that ends a marriage.
DOCKET: A record containing the list of the court proceedings.
DUE PROCESS: The administration of law through the court system>
EARNED INCOME: All the income you get from working.
EMANCIPATION: When a minor child demonstrates freedom from parental control, and the parents have no more obligations to the child.
EQUITABLE PARENT: A parent who is not the biological or adoptive parent, but who nevertheless may be ganted custody or visitation:
EQUITABLE RELIEF: A remedy meant to make amends for an injury.
EX PARTE: A procedure that allows only one side in a dispute to address the court.
EXEMPTIONS: A tax deduction for a person.
EXHIBIT: Physical evidence used to prove a point.
EXPERT: A person who is a recognized authority. an expert witness is allowed to give his or her opinion in court.
FACT FINDER: In a bench trial, the role of the judge to decide what evidence will be accepted.
FAMILY LAW: The body of law involving marriage, separation, custody, support, and so on.
FAMILY SUPPORT: A taxable form of support combininb child support and spousal support into one payment.
FEDERAL PARENT LOCATOR SERVICE (FPLAS): A sevice run by the Office of Child Service Support Enforecement (ICSE) to help locate parents who owe child support.
FILING STATUS: The category of tax filer you are.
FINANCIAL STATEMENT: A court paper containing a parent's income and expense information.
FINDING: A decision made by a judge.
FULL FAITH AND CREDIT: The legal principle requiring a judge in one state to enforce a decision made by a judge in another state.
GARNISHMENT: a proceeding in which a debtor's money or property is seized to pay a debt.
GROSS INCOME: Generally, all the money you receive.
GUARDIAN: A person appointed by the court to be responsible for a child.
GUARDIAN AD LITEM: A person appointed by the court ot represent a child in a legal matter.
GUIDELINE: A standard method for determining child support.
HARDSHIP: When a person suffers extreme losses.
HEARSAY: An out-of-court statement offered bo prove something.
HOSTILE WITNESS: A witness who is antagonistic to the party who called him.
ILLEGITIMATE CHILD: A child born to parents who are not married.
IMPEACHMENT: The act of undermining the credibility of a withness.
INJUNCTION: an order requiring someone to do something, or preventing someone from doing somethin.
INTERLOCUTORY: Temporary orders.
INTERROGATIORIES: Written questions one side asks the other.
ISSUE: The items being disputed.
IV-D AGENCY: A government agency that handles child support enforcement.
JOINT CUSTODY: An arrangement allowing for mutual sharing of the children. Joint legal custody involves shared decision making, and joint physical custody allows for equal time with the children.
JUDGE: The official who presides over a courtroom.
JUDGMENT: The official decision of a court.
JURISDICTION: A court's authority to hear a case.
LAWSUIT: A legal proceeding that settles a private dispute between two people.
LEADING QUESTON: A question that suggests how a witness should answer.
LEGAL CUSTODY: The right to make major decisions for the child.
LEGAL FATHER: A man recognized by law as the father.
LIEN: A claim against property designed to stop a sale of transfer until the debt is paid.
LITIGANT: A person involved in a lawsuit.
LITIGATION: The process of pursuing a lawsuit.
MATERIAL EVIDENCE: Evidence that is relevant to the dispute;
MEDIATION: A form of alternative dispute resolution where the two sides meet with a third person who tries to help them resolve the dispute.
MEMORANDA OF LAW: A written argument that supports amotion.
MEMORANDUM OF UNDERSTANDING: A documetn that identifies the decisions reached in negotiation.
MENTAL HEALTH PROFESSIONAL: A psychiatrist, psychologist, marriage counselor, or licensed social worker.
MERITS: The essential issues in a case.
MODIFICAITON: When a court revises an existing order.
MOTION: A formal request to a court for an order or ruling.
NEGLECT: Ignoring a child's needs.
NEGOTIATION: The attempt to resolve a dispute through discussion.
NET INCOME: Gross income minus allowable expenses.
NEW MATE: A new spouse or partner.
NONCUSTODIAL PARENT: A parent who is not responsible for raising the children.
NOTICE: The official notificaiton that a lawsuit has been filed.
NOTICE OF APPEAL: A court document that indicates a party is appealing the decision.
NOTICE TO PRODUCE: A court document that requires the other party to deliver evidence.
OBJECTION: The act of protesting a statement made in court.
OBLIGATION: A requirement to pay money.
OBLIGEE: The person who is owed the money.
OBLIGOR: The person who must pay the money.
OFFICE OF CHILD SUPPORT ENFORCEMENT (OCSE): A government agency that helps locate absent aprents, establishes paternity, and establishes and enforces child support obligations.
OFFICER OF THE COURT: A court official. Judges, court clers, and lawyers are ll officers of the court.
OFFSET: Money deducted from aperson's income tax refund to pay a court judgment.
OPINION: The written explanation of a court decision.
ORAL ARGUMENT: The time when a party can verbally summarize the dispute to the judge.
ORDER: Instructions from the court.
ORDER OF PROTECTION: An order forbidding one person from harming another.
PARALEGAL: Someone other than an attorney with legal skills.
PARTIES: The people in a lawsuit.
PATERNITY ACTION: A lawsuit designed to identify the father.
PERJURY: A false statement made under oath.
PERSONAL EXEMPTION: A tax deduction you may claim for your self.
PERSONAL JURISDICTION: The authority of the court to make orders involving someone.
PETITION: A court document requesting something.
PETITIONER: The person who files a lawsuit. Also, petitioner.
PHYSICAL CUSTODY: The right to have the children live with you.
PLAINTIFF: The person who files a lawsuit. Also, petitioner.
PLEADING: A court document that outlines the issues in a dispute.
PRAYER: The part of a petition that describes what the person wants the court to do.
PRECEDENT: The decision in a case that influences future cases that are similar.
PREJUDICE: When a judgment is made with prejudice, the issues cannot be relitigated. When a judgment is made with out prejudice, the issues may be retried.
PREJUDICIAL ERROR: A mistake made in a decision that by a court that justifies a reversal by an appelate court.
PREPONDERANCE OF THE EVIDENCE: The standard used to decide civil disputes.
PRESUMED CORRECT: The guideline amount of child support assumed to be correct.
PRESUMED FATHER: A man assumed to be the father unless he proves otherwise.
PRETRIAL CONFERENCE: A meeting before trial between the judge and the attorneys.
PRIMARY CARETAKER: The parent who provides most of the daily care for the child.
PROPRIA PERSONA: Pro per and prose are Latin terms that describe individuals who represent themselves.
QUASH: A decision to void or cancel a court order or judgment.
REBUTTAL:
RECORD:
RECUSAL:
REDIRECT EXAMINATION:
RELEVANT:
REMAND:
REMEDY:
RENT-A-JUDGE:
REPLY:
RESJUDICATA:
RESIDENCE:
RETAINER:
REVERSE:
REVISED:
RULES OF EVIDENCE:
SANCTION:
SERVICE:
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