Glossary of Legal terms

Acquittal

A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence
is insufficient to support a conviction.

Active judge

A judge in the full-time service of the court. Compare to senior judge.

Administrative Office of the United States Courts (AO)

The federal agency responsible for collecting court statistics, administering the federal courts'
budget, and performing many other administrative and programmatic functions, under the
direction and supervision of the Judicial Conference of the United States.

Admissible

A term used to describe evidence that may be considered by a jury or judge in civil and
criminal cases.

Adversary proceeding

A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the
court, that is, a "trial" that takes place within the context of a bankruptcy case.

Affidavit

A written or printed statement made under oath.

Affirmed

In the practice of the court of appeals, it means that the court of appeals has concluded that
the lower court decision is correct and will stand as rendered by the lower court.

Alternate juror

A juror selected in the same manner as a regular juror who hears all the evidence but does not
help decide the case unless called on to replace a regular juror.

Alternative dispute resolution (ADR)

A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding,
and involve referral of the case to a neutral party such as an arbitrator or mediator.

Amicus curiae

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Latin for "friend of the court." It is advice formally offered to the court in a brief filed by an
entity interested in, but not a party to, the case.

Answer

The formal written statement by a defendant in a civil case that responds to a complaint,
articulating the grounds for defense.

Appeal

A request made after a trial by a party that has lost on one or more issues that a higher court
review the decision to determine if it was correct. To make such a request is "to appeal" or "to
take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."

Appellant

The party who appeals a district court's decision, usually seeking reversal of that decision.

Appellate

About appeals; an appellate court has the power to review the judgment of a lower court (trial
court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the
U.S. district courts.

Appellee

The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to
affirm the district court's decision.

Arraignment

A proceeding in which a criminal defendant is brought into court, told of the charges in an
indictment or information, and asked to plead guilty or not guilty.

Article III judge

A federal judge who is appointed for life, during "good behavior," under Article III of the
Constitution. Article III judges are nominated by the President and confirmed by the Senate.

Assets

Property of all kinds, including real and personal, tangible and intangible.

Assume

An agreement to continue performing duties under a contract or lease.

Automatic stay

An injunction that automatically stops lawsuits, foreclosures, garnishments, and most

collection activities against the debtor the moment a bankruptcy petition is filed.

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Bail

The release, prior to trial, of a person accused of a crime, under specified conditions designed
to assure that person's appearance in court when required. Also can refer to the amount of
bond money posted as a financial condition of pretrial release.

Bankruptcy

A legal procedure for dealing with debt problems of individuals and businesses; specifically, a
case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy
Code).

Bankruptcy administrator

An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who,
like the United States trustee, is responsible for supervising the administration of bankruptcy
cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors'
committees; monitoring fee applications; and performing other statutory duties.

Bankruptcy code

The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal
bankruptcy law.

Bankruptcy court

The bankruptcy judges in regular active service in each district; a unit of the district court.

Bankruptcy estate

All interests of the debtor in property at the time of the bankruptcy filing. The estate
technically becomes the temporary legal owner of all of the debtor's property.

Bankruptcy judge

A judicial officer of the United States district court who is the court official with decision-
making power over federal bankruptcy cases.

Bankruptcy petition

A formal request for the protection of the federal bankruptcy laws. (There is an official form
for bankruptcy petitions.)

Bankruptcy trustee

A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to

represent the interests of the bankruptcy estate and the debtor's creditors.

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Bench trial

A trial without a jury, in which the judge serves as the fact-finder.

Brief

A written statement submitted in a trial or appellate proceeding that explains one side's legal
and factual arguments.

Burden of proof

The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving
his or her case. In criminal cases, the government has the burden of proving the defendant's
guilt. (See standard of proof.)

Business bankruptcy

A bankruptcy case in which the debtor is a business or an individual involved in business and
the debts are for business purposes.

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Capital offense

A crime punishable by death.

Case file

A complete collection of every document filed in court in a case.

Case law

The law as established in previous court decisions. A synonym for legal precedent. Akin to
common law, which springs from tradition and judicial decisions.

Caseload

The number of cases handled by a judge or a court.

Cause of action

A legal claim.

Chambers

The offices of a judge and his or her staff.

Chapter 7

The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's
nonexempt property and the distribution of the proceeds to creditors. In order to be eligible

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for Chapter 7, the debtor must satisfy a "means test." The court will evaluate the debtor's
income and expenses to determine if the debtor may proceed under Chapter 7.

Chapter 7 trustee

A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and
the creditors. The trustee's responsibilities include reviewing the debtor's petition and
schedules, liquidating the property of the estate, and making distributions to creditors. The
trustee may also bring actions against creditors or the debtor to recover property of the
bankruptcy estate.

Chapter 9

The chapter of the Bankruptcy Code providing for reorganization of municipalities (which
includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and
school districts).

Chapter 11

A reorganization bankruptcy, usually involving a corporation or partnership. A Chapter 11

debtor usually proposes a plan of reorganization to keep its business alive and pay creditors
over time. Individuals or people in business can also seek relief in Chapter 11.

Chapter 12

The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer" or
"family fisherman," as the terms are defined in the Bankruptcy Code.

Chapter 13

The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with
regular income, often referred to as a "wage-earner" plan. Chapter 13 allows a debtor to keep
property and use his or her disposable income to pay debts over time, usually three to five
years.

Chapter 13 trustee

A person appointed to administer a Chapter 13 case. A Chapter 13 trustee's responsibilities are

similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has the additional
responsibilities of overseeing the debtor's plan, receiving payments from debtors, and
disbursing plan payments to creditors.

Chapter 15

The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.

Chief judge

The judge who has primary responsibility for the administration of a court; chief judges are
determined by seniority.

Claim

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A creditor's assertion of a right to payment from a debtor or the debtor's property.

Class action

A lawsuit in which one or more members of a large group, or class, of individuals or other
entities sue on behalf of the entire class. The district court must find that the claims of the
class members contain questions of law or fact in common before the lawsuit can proceed as a
class action.

Clerk of court

The court officer who oversees administrative functions, especially managing the flow of cases
through the court. The clerk's office is often called a court's central nervous system.

Collateral

Property that is promised as security for the satisfaction of a debt.

Common law

The legal system that originated in England and is now in use in the United States, which relies
on the articulation of legal principles in a historical succession of judicial decisions. Common
law principles can be changed by legislation.

Community service

A special condition the court imposes that requires an individual to work – without pay – for a
civic or nonprofit organization.

Complaint

A written statement that begins a civil lawsuit, in which the plaintiff details the claims against
the defendant.

Concurrent sentence

Prison terms for two or more offenses to be served at the same time, rather than one after the
other. Example: Two five-year sentences and one three-year sentence, if served concurrently,
result in a maximum of five years behind bars.

Confirmation

Approval of a plan of reorganization by a bankruptcy judge.

Consecutive sentence

Prison terms for two or more offenses to be served one after the other. Example: Two five-
year sentences and one three-year sentence, if served consecutively, result in a maximum of
13 years behind bars.

Consumer bankruptcy

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A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.

Consumer debts

Debts incurred for personal, as opposed to business, needs.

Contingent claim

A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is
a cosigner on another person's loan and that person fails to pay.

Contract

An agreement between two or more people that creates an obligation to do or not to do a

particular thing.

Conviction

A judgment of guilt against a criminal defendant.

Counsel

Legal advice; a term also used to refer to the lawyers in a case.

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, generally by using a
stenographic machine, shorthand or audio recording, and then produces a transcript of the
proceedings upon request.

Count

An allegation in an indictment or information, charging a defendant with a crime. An

indictment or information may contain allegations that the defendant committed more than
one crime. Each allegation is referred to as a count.

Creditor

A person to whom or business to which the debtor owes money or that claims to be owed
money by the debtor.

Credit counseling

Generally refers to two events in individual bankruptcy cases: (1) the "individual or group
briefing" from a nonprofit budget and credit counseling agency that individual debtors must
attend prior to filing under any chapter of the Bankruptcy Code; and (2) the "instructional

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course in personal financial management" in chapters 7 and 13 that an individual debtor must
complete before a discharge is entered. There are exceptions to both requirements for certain
categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator
have determined that there are insufficient approved credit counseling agencies available to
provide the necessary counseling.

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Damages

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be
compensatory (for loss or injury) or punitive (to punish and deter future misconduct).

Debtor

A person who has filed a petition for relief under the Bankruptcy Code.

Defendant

An individual (or business) against whom a lawsuit is filed.

Debtor's plan

A debtor's detailed description of how the debtor proposes to pay creditors' claims over a
fixed period of time.

Declaratory judgment

A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory
judgment that a particular statute, as written, violates some constitutional right.

De facto

Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law.

Default judgment

A judgment awarding a plaintiff the relief sought in the complaint because the defendant has
failed to appear in court or otherwise respond to the complaint.

Defendant

In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal
case, the person accused of the crime.

De jure

Latin, meaning "in law." Something that exists by operation of law.

De novo

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Latin, meaning "anew." A trial de novo is a completely new trial. Appellate review de novo
implies no deference to the trial judge's ruling.

Deposition

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. See discovery.

Discharge

A release of a debtor from personal liability for certain dischargeable debts. Notable
exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from
personal liability for certain debts known as dischargeable debts and prevents the creditors
owed those debts from taking any action against the debtor or the debtor's property to collect
the debts. The discharge also prohibits creditors from communicating with the debtor
regarding the debt, including through telephone calls, letters, and personal contact.

Dischargeable debt

A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated.

Disclosure statement

A written document prepared by the chapter 11 debtor or other plan proponent that is
designed to provide "adequate information" to creditors to enable them to evaluate the
chapter 11 plan of reorganization.

Discovery

Procedures used to obtain disclosure of evidence before trial.

Dismissal with prejudice

Court action that prevents an identical lawsuit from being filed later.

Dismissal without prejudice

Court action that allows the later filing.

Disposable income

Income not reasonably necessary for the maintenance or support of the debtor or dependents.
If the debtor operates a business, disposable income is defined as those amounts over and
above what is necessary for the payment of ordinary operating expenses.

Docket

A log containing the complete history of each case in the form of brief chronological entries
summarizing the court proceedings.

Due process

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In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial
trial. In civil law, the legal rights of someone who confronts an adverse action threatening
liberty or property.

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En banc

French, meaning "on the bench." All judges of an appellate court sitting together to hear a
case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an
en banc panel consists of 11 randomly selected judges.

Equitable

Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of
"law" could order the payment of damages and could afford no other remedy (see damages).
A separate court of "equity" could order someone to do something or to cease to do
something (e.g., injunction). In American jurisprudence, the federal courts have both legal and
equitable power, but the distinction is still an important one. For example, a trial by jury is
normally available in "law" cases but not in "equity" cases.

Equity

The value of a debtor's interest in property that remains after liens and other creditors'
interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000
mortgage, there is $30,000 of equity.)

Evidence

Information presented in testimony or in documents that is used to persuade the fact finder
(judge or jury) to decide the case in favor of one side or the other.

Exclusionary rule

Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or

statutory rights is not admissible at trial.

Exculpatory evidence

Evidence indicating that a defendant did not commit the crime.

Executory contracts

Contracts or leases under which both parties to the agreement have duties remaining to be
performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or
reject it (terminate the contract).

Exempt assets

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Property that a debtor is allowed to retain, free from the claims of creditors who do not have
liens on the property.

Exemptions, exempt property

Certain property owned by an individual debtor that the Bankruptcy Code or applicable state
law permits the debtor to keep from unsecured creditors. For example, in some states the
debtor may be able to exempt all or a portion of the equity in the debtor's primary residence
(homestead exemption), or some or all "tools of the trade" used by the debtor to make a living
(i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and amount
of property the debtor may exempt depends on the state the debtor lives in.

Ex parte

A proceeding brought before a court by one party only, without notice to or challenge by the
other side.

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Face sheet filing

A bankruptcy case filed either without schedules or with incomplete schedules listing few
creditors and debts. (Face sheet filings are often made for the purpose of delaying an eviction
or foreclosure.)

Family farmer

An individual, individual and spouse, corporation, or partnership engaged in a farming

operation that meets certain debt limits and other statutory criteria for filing a petition under
Chapter 12.

Federal public defender

An attorney employed by the federal courts on a full-time basis to provide legal defense to
defendants who are unable to afford counsel. The judiciary administers the federal defender
program pursuant to the Criminal Justice Act.

Federal public defender organization

As provided for in the Criminal Justice Act, an organization established within a federal judicial
circuit to represent criminal defendants who cannot afford an adequate defense. Each
organization is supervised by a federal public defender appointed by the court of appeals for
the circuit.

Federal question jurisdiction

Jurisdiction given to federal courts in cases involving the interpretation and application of the
U.S. Constitution, acts of Congress, and treaties.

Felony

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A serious crime, usually punishable by at least one year in prison.

File

To place a paper in the official custody of the clerk of court to enter into the files or records of
a case.

Fraudulent transfer

A transfer of a debtor's property made with intent to defraud or for which the debtor receives
less than the transferred property's value.

Fresh start

The characterization of a debtor's status after bankruptcy, i.e., free of most debts. (Giving
debtors a fresh start is one purpose of the Bankruptcy Code.)

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Grand jury

A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by
the prosecutors, and determine whether there is probable cause to believe an individual
committed an offense. See also indictment and U.S. attorney.

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Habeas corpus

Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order
forcing law enforcement authorities to produce a prisoner they are holding, and to justify the
prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus
from state prison inmates who say their state prosecutions violated federally protected rights
in some way.

Hearsay

Evidence presented by a witness who did not see or hear the incident in question but heard
about it from someone else. With some exceptions, hearsay generally is not admissible as
evidence at trial.

Home confinement

A special condition the court imposes that requires an individual to remain at home except for
certain approved activities such as work and medical appointments. Home confinement may
include the use of electronic monitoring equipment – a transmitter attached to the wrist or the
ankle – to help ensure that the person stays at home as required.

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Impeachment

1. The process of calling a witness's testimony into doubt. For example, if the attorney can
show that the witness may have fabricated portions of his testimony, the witness is said to be
"impeached;" 2. The constitutional process whereby the House of Representatives may
"impeach" (accuse of misconduct) high officers of the federal government, who are then tried
by the Senate.

In camera

Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the
public. In private.

Inculpatory evidence

Evidence indicating that a defendant did commit the crime.

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. See
also information.

In forma pauperis

"In the manner of a pauper." Permission given by the court to a person to file a case without
payment of the required court fees because the person cannot pay them.

Information

A formal accusation by a government attorney that the defendant committed a misdemeanor.

See also indictment.

Injunction

A court order preventing one or more named parties from taking some action. A preliminary
injunction often is issued to allow fact-finding, so a judge can determine whether a permanent
injunction is justified.

Insider (of corporate debtor)

A director, officer, or person in control of the debtor; a partnership in which the debtor is a
general partner; a general partner of the debtor; or a relative of a general partner, director,
officer, or person in control of the debtor.

Insider (of individual debtor)

Any relative of the debtor or of a general partner of the debtor; partnership inwhich the
debtor is a general partner; general partner of the debtor; or corporation of which the debtor
is a director, officer, or person in control.

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Interrogatories

A form of discovery consisting of written questions to be answered in writing and under oath.

Issue

1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing
an order.

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Joint administration

A court-approved mechanism under which two or more cases can be administered together.
(Assuming no conflicts of interest, these separate businesses or individuals can pool their
resources, hire the same professionals, etc.)

Joint petition

One bankruptcy petition filed by a husband and wife together.

Judge

An official of the Judicial branch with authority to decide lawsuits brought before courts. Used
generically, the term judge may also refer to all judicial officers, including Supreme Court
justices.

Judgeship

The position of judge. By statute, Congress authorizes the number of judgeships for each
district and appellate court.

Judgment

The official decision of a court finally resolving the dispute between the parties to the lawsuit.

Judicial Conference of the United States

The policy-making entity for the federal court system. A 27-judge body whose presiding officer
is the Chief Justice of the United States.

Jurisdiction

The legal authority of a court to hear and decide a certain type of case. It also is used as a
synonym for venue, meaning the geographic area over which the court has territorial
jurisdiction to decide cases.

Jurisprudence

The study of law and the structure of the legal system.

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Jury

The group of persons selected to hear the evidence in a trial and render a verdict on matters of
fact. See also grand jury.

Jury instructions

A judge's directions to the jury before it begins deliberations regarding the factual questions it
must answer and the legal rules that it must apply.

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Lawsuit

A legal action started by a plaintiff against a defendant based on a complaint that the
defendant failed to perform a legal duty which resulted in harm to the plaintiff.

Lien

A charge on specific property that is designed to secure payment of a debt or performance of

an obligation. A debtor may still be responsible for a lien after a discharge.

Litigation

A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called
litigants.

Liquidation

The sale of a debtor's property with the proceeds to be used for the benefit of creditors.

Liquidated claim

A creditor's claim for a fixed amount of money.

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Magistrate judge

A judicial officer of a district court who conducts initial proceedings in criminal cases, decides
criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of
district judges, and decides civil cases with the consent of the parties.

Means test

Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an
individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code

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requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if
the debtor's aggregate current monthly income (see definition above) over 5 years, net of
certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's
nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a
presumption of abuse only by a showing of special circumstances that justify additional
expenses or adjustments of current monthly income.

Mental health treatment

Special condition the court imposes to require an individual to undergo evaluation and
treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex
offense-specific evaluations, inpatient or outpatient counseling, and medication.

Misdemeanor

An offense punishable by one year of imprisonment or less. See also felony.

Mistrial

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start
again with the selection of a new jury.

Moot

Not subject to a court ruling because the controversy has not actually arisen, or has ended.

Motion

A request by a litigant to a judge for a decision on an issue relating to the case.

Motion to lift the automatic stay

A request by a creditor to allow the creditor to take action against the debtor or the debtor's
property that would otherwise be prohibited by the automatic stay.

Motion in Limine

A pretrial motion requesting the court to prohibit the other side from presenting, or even
referring to, evidence on matters said to be so highly prejudicial that no steps taken by the
judge can prevent the jury from being unduly influenced.

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No-asset case

A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors'
unsecured claims.

Nolo contendere

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No contest. A plea of nolo contendere 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.

Nondischargeable debt

A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for
alimony or child support, certain taxes, debts for most government funded or guaranteed
educational loans or benefit overpayments, debts arising from death or personal injury caused
by driving while intoxicated or under the influence of drugs, and debts for restitution or a
criminal fine included in a sentence on the debtor's conviction of a crime. Some debts, such as
debts for money or property obtained by false pretenses and debts for fraud or defalcation
while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely
files and prevails in a nondischargeability action.

Nonexempt assets

Property of a debtor that can be liquidated to satisfy claims of creditors.

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Objection to dischargeability

A trustee's or creditor's objection to the debtor being released from personal liability for
certain dischargeable debts. Common reasons include allegations that the debt to be
discharged was incurred by false pretenses or that debt arose because of the debtor's fraud
while acting as a fiduciary.

Objection to exemptions

A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt
from liquidation by the trustee to creditors.

Opinion

A judge's written explanation of the decision of the court. Because a case may be heard by
three or more judges in the court of appeals, the opinion in appellate decisions can take
several forms. If all the judges completely agree on the result, one judge will write the opinion
for all. If all the judges do not agree, the formal decision will be based upon the view of the
majority, and one member of the majority will write the opinion. The judges who did not agree
with the majority may write separately in dissenting or concurring opinions to present their
views. A dissenting opinion disagrees with the majority opinion because of the reasoning
and/or the principles of law the majority used to decide the case. A concurring opinion agrees
with the decision of the majority opinion, but offers further comment or clarification or even
an entirely different reason for reaching the same result. Only the majority opinion can serve
as binding precedent in future cases. See also precedent.

Oral argument

An opportunity for lawyers to summarize their position before the court and also to answer
the judges' questions.

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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; 3. The list of attorneys who are both
available and qualified to serve as court-appointed counsel for criminal defendants who
cannot afford their own counsel.

Parole

The release of a prison inmate – granted by the U.S. Parole Commission – after the inmate has
completed part of his or her sentence in a federal prison. When the parolee is released to the
community, he or she is placed under the supervision of a U.S. probation officer.

The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing
system in which the sentence is set by sentencing guidelines. Now, without the option of
parole, the term of imprisonment the court imposes is the actual time the person spends in
prison.

Party in interest

A party who has standing to be heard by the court in a matter to be decided in the bankruptcy
case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are
parties in interest for most matters.

Petition preparer

A business not authorized to practice law that prepares bankruptcy petitions.

Per curiam

Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion.

Peremptory challenge

A district court may grant each side in a civil or criminal trial the right to exclude a certain
number of prospective jurors without cause or giving a reason.

Petit jury (or trial jury)

A group of citizens who hear the evidence presented by both sides at trial and determine the
facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at
least six persons.

Petition

The document that initiates the filing of a bankruptcy proceeding, setting forth basic
information regarding the debtor, including name, address, chapter under which the case is
filed, and estimated amount of assets and liabilities.

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Petty offense

A federal misdemeanor punishable by six months or less in prison.

Plaintiff

A person or business that files a formal complaint with the court.

Plan

A debtor's detailed description of how the debtor proposes to pay creditors' claims over a
fixed period of time.

Plea

In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the
charges. See also nolo contendere.

Pleadings

Written statements filed with the court that describe a party's legal or factual assertions about
the case.

Postpetition transfer

A transfer of the debtor's property made after the commencement of the case.

Prebankruptcy planning

The arrangement (or rearrangement) of a debtor's property to allow the debtor to take
maximum advantage of exemptions. (Prebankruptcy planning typically includes converting
nonexempt assets into exempt assets.)

Precedent

A court decision in an earlier case with facts and legal issues similar to a dispute currently
before a court. Judges will generally "follow precedent" - meaning that they use the principles
established in earlier cases to decide new cases that have similar facts and raise similar legal
issues. A judge will disregard precedent if a party can show that the earlier case was wrongly
decided, or that it differed in some significant way from the current case.

Preferential debt payment

A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or
within one year if the creditor was an insider) that gives the creditor more than the creditor
would receive in the debtor's chapter 7 case.

Presentence report

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A report prepared by a court's probation officer, after a person has been convicted of an
offense, summarizing for the court the background information needed to determine the
appropriate sentence.

Pretrial conference

A meeting of the judge and lawyers to plan the trial, to discuss which matters should be
presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule.
Typically, the judge and the parties also discuss the possibility of settlement of the case.

Pretrial services

A function of the federal courts that takes place at the very start of the criminal justice process
– after a person has been arrested and charged with a federal crime and before he or she goes
to trial. Pretrial services officers focus on investigating the backgrounds of these persons to
help the court determine whether to release or detain them while they await trial. The
decision is based on whether these individuals are likely to flee or pose a threat to the
community. If the court orders release, a pretrial services officer supervises the person in the
community until he or she returns to court.

Priority

The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in
which unsecured claims will be paid if there is not enough money to pay all unsecured claims
in full.

Priority claim

An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not
entitled to priority status. Priority refers to the order in which these unsecured claims are to be
paid.

Probation

Sentencing option in the federal courts. With probation, instead of sending an individual to
prison, the court releases the person to the community and orders him or her to complete a
period of supervision monitored by a U.S. probation officer and to abide by certain conditions.

Probation officer

Officers of the probation office of a court. Probation officer duties include conducting
presentence investigations, preparing presentence reports on convicted defendants, and
supervising released defendants.

Procedure

The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure,
evidence, bankruptcy, and appellate procedure.

Proof of claim

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A written statement describing the reason a debtor owes a creditor money, which typically
sets forth the amount of money owed. (There is an official form for this purpose.)

Pro per

A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin
phrase "in propria persona."

Property of the estate

All legal or equitable interests of the debtor in property as of the commencement of the case.

Pro se

Representing oneself. Serving as one's own lawyer.

Prosecute

To charge someone with a crime. A prosecutor tries a criminal case on behalf of the
government.

Pro tem

Temporary.

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Reaffirmation agreement

An agreement by a debtor to continue paying a dischargeable debt after the bankruptcy,

usually for the purpose of keeping collateral or mortgaged property that would otherwise be
subject to repossession.

Record

A written account of the proceedings in a case, including all pleadings, evidence, and exhibits
submitted in the course of the case.

Redemption

A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on

collateral by paying the creditor the value of the property. The debtor may then retain the
property.

Remand

Send back.

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Reverse

The act of a court setting aside the decision of a lower court. A reversal is often accompanied
by a remand to the lower court for further proceedings.

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Sanction

A penalty or other type of enforcement used to bring about compliance with the law or with
rules and regulations.

Schedules

Lists submitted by the debtor along with the petition (or shortly thereafter) showing the
debtor's assets, liabilities, and other financial information. (There are official forms a debtor
must use.)

Secured creditor

A secured creditor is an individual or business that holds a claim against the debtor that is
secured by a lien on property of the estate. The property subject to the lien is the secured
creditor's collateral.

Secured debt

Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has
the right to pursue specific pledged property upon default. Examples include home mortgages,
auto loans and tax liens.

Senior judge

A federal judge who, after attaining the requisite age and length of judicial experience, takes
senior status, thus creating a vacancy among a court's active judges. A senior judge retains the
judicial office and may cut back his or her workload by as much as 75 percent, but many opt to
keep a larger caseload.

Sentence

The punishment ordered by a court for a defendant convicted of a crime.

Sentencing guidelines

A set of rules and principles established by the United States Sentencing Commission that trial
judges use to determine the sentence for a convicted defendant.

Service of process

The delivery of writs or summonses to the appropriate party.

Settlement

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Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the
payment of compensation by one party in at least partial satisfaction of the other party's
claims, but usually do not include the admission of fault.

Sequester

To separate. Sometimes juries are sequestered from outside influences during their
deliberations.

Small business case

A special type of chapter 11 case in which there is no creditors' committee (or the creditors'
committee is deemed inactive by the court) and in which the debtor is subject to more
oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains
certain provisions designed to reduce the time a small business debtor is in bankruptcy.

Statement of financial affairs

A series of questions the debtor must answer in writing concerning sources of income,
transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)

Statement of intention

A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts
that are secured by property of the estate.

Standard of proof

Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt
"beyond a reasonable doubt." The majority of civil lawsuits require proof "by a preponderance
of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and
convincing" proof.

Statute

A law passed by a legislature.

Statute of limitations

The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline
can vary, depending on the type of civil case or the crime charged.

Sua sponte

Latin, meaning "of its own will." Often refers to a court taking an action in a case without being
asked to do so by either side.

Subordination

The act or process by which a person's rights or claims are ranked below those of others.

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Subpoena

A command, issued under a court's authority, to a witness to appear and give testimony.

Subpoena duces tecum

A command to a witness to appear and produce documents.

Substance abuse treatment

A special condition the court imposes that requires an individual to undergo testing and
treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include
inpatient or outpatient counseling and detoxification.

Substantial abuse

The characterization of a bankruptcy case filed by an individual whose debts are primarily
consumer debts where the court finds that the granting of relief would be an abuse of chapter
7 because, for example, the debtor can pay its debts.

Substantive consolidation

Putting the assets and liabilities of two or more related debtors into a single pool to pay
creditors. (Courts are reluctant to allow substantive consolidation since the action must not
only justify the benefit that one set of creditors receives, but also the harm that other creditors
suffer as a result.)

Summary judgment

A decision made on the basis of statements and evidence presented for the record without a
trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary
judgment is granted when – on the undisputed facts in the record – one party is entitled to
judgment as a matter of law.

Supervised release

Term of supervision served after a person is released from prison. The court imposes
supervised release during sentencing in addition to the sentence of imprisonment. Unlike
parole, supervised release does not replace a portion of the sentence of imprisonment but is in
addition to the time spent in prison. U.S. probation officers supervise people on supervised
release.

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Temporary restraining order

Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until
a full hearing can be conducted. Often referred to as a TRO.

Testimony

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Evidence presented orally by witnesses during trials or before grand juries.

Toll

See statute of limitations.

Tort

A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with
the exception of breach of contract.

Transfer

Any mode or means by which a debtor disposes of or parts with his/her property.

Transcript

A written, word-for-word record of what was said, either in a proceeding such as a trial, or
during some other formal conversation, such as a hearing or oral deposition.

Trustee

The representative of the bankruptcy estate who exercises statutory powers, principally for
the benefit of the unsecured creditors, under the general supervision of the court and the
direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private
individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and
some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition
and schedules and bringing actions against creditors or the debtor to recover property of the
bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes
distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7
trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments
from debtors, and disbursing plan payments to creditors.

Typing service

A business not authorized to practice law that prepares bankruptcy petitions.

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U.S. attorney

A lawyer appointed by the President in each judicial district to prosecute and defend cases for
the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who
appear as the government's attorneys in individual cases.

U.S. trustee

An officer of the U.S. Department of Justice responsible for supervising the administration of
bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements;
monitoring creditors' committees; monitoring fee applications; and performing other statutory
duties.

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Undersecured claim

A debt secured by property that is worth less than the amount of the debt.

Undue hardship

The most widely used test for evaluating undue hardship in the dischargeability of a student
loan includes three conditions: (1) the debtor cannot maintain – based on current income and
expenses – a minimal standard of living if forced to repay the loans; (2) there are indications
that the state of affairs is likely to persist for a significant portion of the repayment period; and
(3) the debtor made good faith efforts to repay the loans.

Unlawful detainer action

A lawsuit brought by a landlord against a tenant to evict the tenant from rental property –
usually for nonpayment of rent.

Unliquidated claim

A claim for which a specific value has not been determined.

Unscheduled debt

A debt that should have been listed by the debtor in the schedules filed with the court but was
not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.)

Unsecured claim

A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage
or lien; a debt for which credit was extended based solely upon the creditor's assessment of
the debtor's future ability to pay.

Uphold

The appellate court agrees with the lower court decision and allows it to stand. See affirmed.

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Venue

The geographic area in which a court has jurisdiction. A change of venue is a change or transfer
of a case from one judicial district to another.

Verdict

The decision of a trial jury or a judge that determines the guilt or innocence of a criminal
defendant, or that determines the final outcome of a civil case.

Voir dire

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Jury selection process of questioning prospective jurors, to ascertain their qualifications and
determine any basis for challenge.

Voluntary transfer

A transfer of a debtor's property with the debtor's consent.

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Wage garnishment

A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her
claim the future wages of a debtor. In other words, the creditor seeks to have part of the
debtor's future wages paid to the creditor for a debt owed to the creditor.

Warrant

Court authorization, most often for law enforcement officers, to conduct a search or make an
arrest.

Witness

A person called upon by either side in a lawsuit to give testimony before the court or jury.

Writ

A written court order directing a person to take, or refrain from taking, a certain act

Writ of certiorari

An order issued by the U.S. Supreme Court directing the lower court to transmit records for a
case which it will hear on appeal.

This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal
Judiciary.

The purpose of this site is to provide information from and about the Judicial Branch of the
U.S. Government.

GLOSSARY OF LEGAL TERMS 2

Glossary of Legal Terms

Alternate Languages Related Content in:

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acknowledgment: the act of going before a qualified officer (e.g., Clerk) and declaring the
validity of the document. The officer certifies same, whose certification is known as the
acknowledgment

acquit: the act of freeing a person from the charge of an offense by means of a decision,
verdict or other legal process; to discharge

action: a civil judicial proceeding whereby one party prosecutes another for a wrong done or
for protection of a right or prevention of a wrong; requires service of process on adversary
party or potentially adversary party

actual place of business: Any location that the defendant, through regular solicitation or
advertisement, has held out as its place of business (sec. 308.6 CPLR).

ad damnum: clause of a pleading alleging amount of loss or injury

adjournment: a temporary postponement of the proceedings of a case until a specified future

time

adjudicate: to hear or try and determine judicially

adversary: An opponent. The defendant is the plaintiff's adversary.

adversary system: the system of trial practice in the U.S. and some other countries in which
each of the opposing, or adversary, parties has full opportunity to present and establish its
opposing contentions before the court

affiant: one who swears to an affidavit; deponent

affidavit: a sworn or affirmed statement made in writing and signed; if sworn, it is notarized

affinity: Related by marriage; family relation from one's spouse's family.

affidavit of service: an affidavit intended to certify the service of a writ, notice, or other
document

affirm: an act of declaring something to be true under the penalty of perjury by a person who
conscientiously declines to take an oath for religious or other pertinent reasons

affirmation: A solemn and formal declaration under penalties of perjury that a statement is
true, without an oath.

affirmed: Upheld, agreed with (e.g.,The Appellate Court affirmed the judgment of the City
Court).

allegation: the assertion, declaration, or statement of a party to an action, made in a pleading,

setting out what the party expects to prove

allege: To assert a fact in a pleading.

alternate juror: a juror selected as substitute in case another juror must leave the jury panel

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amend: To change.

amicus curiae: A Friend of the Court. A non-party to a proceeding that the Court permits to
present its views.

annul: to make void, as to dissolve the bonds of marriage

answer: a paper submitted by a defendant in which he/she responds to and/or denies the
allegations of the plaintiff

appeal: a proceeding to have a case examined by an appropriate higher court to see if a lower
court's decision was made correctly according to law

appearance: the participation in the proceedings by a party summoned in an action, either in

person or through an attorney

appellant: the party who takes an appeal to a higher court

appellee: the party against whom an appeal is taken

arbitration: the submission voluntarily or involuntarily of a disputed matter to selected

persons and the substitution of their award or decision for the judgment of a court or its
confirmation by the court as a judgment of the court

argument: a reason given in proof or rebuttal

at issue: whenever the parties to a suit come to a point in the pleadings which is affirmed on
one side and denied on the other, they are said to be "at issue"

attachment: The taking of property into legal custody by an enforcement officer (see specialty
section: Recovery of Chattel).

attestation: the act of witnessing an instrument in writing at the request of the party making
the same, and subscribing it as a witness

attorney of record: attorney whose name appears in the permanent records or files of a case

award: A decision of an Arbitrator.

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bail: the security given (or posted) to ensure the future appearance of a defendant

bar: 1. Prohibit - to bar the prosecution of an action. 2. The members of the legal profession.

bench: The Judge's seat or the judge, himself/herself, (e.g., the attorney addressed the bench)

bifurcated trial: a case in which the trial of the liability issue in a personal injury or wrongful
death case is heard separate from and prior to trial of the damages in question

bill of costs: A written statement of the itemized taxable costs and disbursements

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bill of particulars: factual detail submitted by a claimant after a request by the adverse party
which details, clarifies or explains further the charges and/or facts alleged in a pleading

brief: a written or printed document prepared by the lawyers on each side of a dispute and
submitted to the court in support of their arguments - a brief includes the points of law which
the lawyer wished to establish, the arguments the lawyer uses, and the legal authorities on
which the lawyer rests his/her conclusions.
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calendar: a schedule of matters to be heard in court

calendar call: the calling of matters requiring parties, or their attorneys, to appear and be
heard, usually done at the beginning of each court day

caption: in a pleading, deposition or other paper connected with a case in court, it is the
heading or introductory clause which shows the names of the parties, name of the court,
number of the case on the docket or calendar, etc.

case file: the court file containing papers submitted in a case

cause of action: grounds on which a legal action may be brought (e.g., property damage,
personal injury, goods sold and delivered, work labor and services).

certified copy: Copy of a document signed and certified as a true copy of an original by the
Clerk of the Court or other authorized persons (e.g., lawyer).

certificate of readiness: a document attesting that the parties in a lawsuit are ready to go to
trial

certify: to testify in writing

certiorari: a proceeding in the state Supreme Court under Art. 78 of the CPLR to review the
decisions or actions of a public official or body, as in a tax certiorari matter, a review of the tax
assessed challenge an exception taken to a juror before he/she is sworn challenge for a
challenge based on a legally specified reason

change of venue: the removal of a suit begun in one county or district to another county or
district for trial, though the term may also apply to the removal of a suit from one court to
another court of the same county or district

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

chattel: article of personal property

citation: 1) summons to appear; 2) reference to authorities in support of an argument

clerk's extract: a summary of a trial which is written by a clerk

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clerk's minutes: notes, which are taken by a clerk, of events that occurred in court

commissioner of jurors: a person in charge of summoning citizens for jury duty

commitment: an order to commit a person to the custody of a sheriff, commissioner of

corrections, or mental health facility

common law: the body of law which originated in England and upon which present day U.S.
law is based

compensatory damages: reimbursement for actual loss or injury, as distinguished from

exemplary or punitive damages

complaint: the initial pleading in an action formally setting forth the facts and reasons on
which the demand for relief is based

condemnation: see eminent domain

consanguinity: Related by blood.

conservator: one who is appointed by a court to manage the affairs of a protected person

consolidated action: two or more actions involving a common question of law or fact may be
consolidated by the court; the actions then are merged, becoming one action with one title,
and they result in one verdict and one judgment

contempt of court: an act or omission tending to obstruct or interfere with the orderly
administration of justice or to impair the dignity of the court or respect for its authority

consolidate: A joining of two or more actions to be tried together.

contested action: an action which involves disputed issue(s) of fact or law

contract: a legally enforceable agreement between two or more persons or parties (oral or
written)

corroborate: to strengthen; to add weight by additional evidence

costs: The statutory sum awarded to the successful party when a judgment is entered. (Section
1901 all Court Acts.)

counsel: Lawyer or attorney.

counterclaim: 1. In civil actions, a claim brought by a defendant against the plaintiff for an
unlimited amount of money. 2. In small claims/commercial claims, a claim brought by a
defendant against the plaintiff for an amount not to exceed the maximum monetary
jurisdiction allowed in the small claims/commercial claims court.

court of limited jurisdiction: A City Court, District Court or other court that has jurisdiction only
over actions authorized by law.

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court reporter: a person who transcribes by shorthand or stenographically takes down
testimony during court proceedings

crossclaim: claim litigated by co-defendants or co-plaintiffs against each other and not against
a party on the opposite side of the litigation

cross- examination: questioning by a party or his attorney of an adverse party or a witness

called by an adverse party
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damages: Monetary compensation or indemnity for wrong or injury caused by the violation of
a legal right. 1. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary
damages - Monetary award by way of punishment for injury caused by aggravated
circumstances or malice, in addition to compensation for the injury. 3. Punitive damages -
Monetary compensation awarded in excess of ordinary damages, as punishment for a gross
wrong.

date-stamp: the stamping on a document of the date it is received

decision: the determination reached by a court in any judicial proceeding, which is the basis of
the judgment

declaratory judgment: one fixing rights of parties without ordering anything to be done

decree: a decision or order of the court - a final decree is one which fully and finally disposes of
the litigation; an interlocutory decree is a provisional or preliminary decree which is not final

default: a "default" in an action of law occurs when a defendant omits to plead or otherwise
defend within the time allowed, or fails to appear at the trial

defendant: the party being sued or the party accused of committing the offense charged

deliberation: the process by which a panel of jurors comes to a decision on a verdict

de novo: From the beginning, a new trial.

deponent: One who testifies under oath to the truth of facts.

deposition: sworn testimony of a witness

direct examination: the first interrogation of a witness by the party on whose behalf the
witness is called

directed verdict: an instruction by the judge to the jury to return a specific verdict

discovery (or disclosure): a proceeding whereby one party to an action may be informed as to
facts known by other parties or witnesses

dismissal: termination of a proceeding for a procedurally prescribed reason

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dismissal with prejudice: Action dismissed on the merits which prevents renewal of the same
claim or cause of action.

dismissal without prejudice: Action dismissed, not on the merits, which may be re-instituted.

dispose: the act of terminating a judicial proceeding

disposition: the result of a judicial proceeding by withdrawal, settlement, order, judgment or

sentence

dissolution of marriage: the effect of a judgment of dissolution of marriage is to restore the

parties to the state of unmarried persons

docket: a document which summarizes a case

domicile: that place where a person has a true and permanent home - a person may have
several residences, but only one domicile
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easement: right held by one person to use the land of another for a special purpose

eminent domain: the power to take private property for public use by condemnation, i.e., the
legal process by which real estate of a private owner is taken for public use without the
owner's consent, but upon the award and payment of just compensation

enjoin: to require a person, by writ of injunction from a court of equity, to perform or to

abstain or desist from some act

equitable action (equity matter): an action which may be brought for the purpose of
restraining the threatened infliction of wrongs or injuries, and the prevention of threatened
illegal action; case in which payment of money damages will not be adequate compensation

equitable distribution: the power to distribute equitably upon divorce all property legally and
beneficially acquired during marriage by husband and wife or either of them, whether legal
title lies in their joint or individual names

estop: to stop, bar, or impede

estoppel: a rule of law which prevents a person from alleging or denying a fact, because of
his/her own previous act

et al: an abbreviation of et alia meaning "and others"

et ano: And another.

evidence: a form of proof or probative matter legally presented at the trial of an issue by the
acts of the parties and through witnesses, records, documents, concrete objects, etc., for the
purpose of inducing belief in the minds of the court or the jury

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eviction, warrant of: Legal mandate authorizing an enforcement officer to remove persons and
their personal property from their premises.

examination before trial (EBT): a formal interrogation of parties and witnesses before trial

execution: (1) the performance of all acts necessary to render a written instrument complete,
such as signing, sealing, acknowledging, and delivering the instruments (2) supplementary
proceedings to enforce a judgment, which, if monetary, involves a direction to the sheriff to
take the necessary steps to collect the judgment

exemplification: An official transcript of a document from public records, made in a form to be

used as evidence and authenticated or certified as a true copy, (e.g. exemplification of a
judgment).

exhibit: a paper, document or other article produced and exhibited to a court during a trial or
hearing and, on being accepted, is marked for identification or admitted in evidence

ex parte: a proceeding, order, motion, application, request, submission etc., made by or

granted for the benefit of one party only; done for, in behalf of, or on application of one party
only

expunge: the authorized act of physically destroying information, in files, computers or other
depositories
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fair preponderance: Level of proof in a civil action; more than half; more convincing.

fee: a fixed charge for service rendered on behalf of court

fiduciary: a person or institution who manages money or property for another, and who must
exercise a standard of care in such management activity imposed by law or contract

finding: the court's or jury's decision on issues of fact

fine: a sum imposed as punishment for an offense

first paper: Paper instituting the action (e.g., Summons, Motion, Infants's Compromise).

foreclosure: a legal proceeding that bars or extinguishes right

foreperson: a member of a jury, usually the first juror called and sworn, or a juror elected by
fellow jurors, who delivers the verdict to the court

forum: A judicial tribunal or a place of jurisdiction. A meeting for discussion.

full faith and credit: A requirement of the U.S. Constitution that the records and judicial
proceedings of one state shall have the same effect in courts of other states with the same
jurisdiction.
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G

garnish: to attach a portion of the wages or other property of a debtor to secure repayment of
the debt

garnishee: A person who owes a debt to a judgment debtor, or a person other than the
judgment debtor who has property in his/her possession or custody in which a judgment
debtor has an interest

guardian ad litem: person appointed by a court to represent a minor or incompetent for

purpose of some litigation
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habeas corpus: "You have the body." - the name given a variety of writs whose object is to
bring a person before a court or judge - in most common usage, it is directed to the official or
person detaining another, commanding him/her to produce the body of a person detained so
the court may determine if such person has been denied his/her liberty without due process of
law

hearing: a preliminary examination where evidence is taken for the purpose of determining an
issue of fact and reaching a decision on the basis of that evidence

hearsay: a type of testimony given by a witness who relates not what he/she knows personally,
but what others have told the witness, or what the witness has heard said by others; may be
admissible or inadmissible in court depending upon rules of evidence

hung jury: a jury whose members cannot reconcile their differences of opinion and thus cannot
reach a verdict
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impaneling: the process by which jurors are selected and sworn to their task

impleader: An addition of a third party to an action by the defendant.

in camera: in the judge's chamber out of the presence of the jury and the public

incompetency: lack of legal qualification or fitness (physical, intellectual or moral fitness) to

discharge a legally required duty or to handle one's own affairs; also relates to matters not
admissible in evidence

indemnity: Security against loss or damages, exemption from penalty or liability, amount paid
as compensation under an indemnity agreement.

index number: a number issued by the county clerk, which is used to identify a case - in civil
matters there is usually a charge

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individual assignment system (IAS): a system, established for all civil actions and proceedings
heard in Supreme and County Court, which provides for the continuous supervision of each
action and proceeding by a single judge (NYS)

indorsed complaint: A statement of the nature and substance of the cause of action, for
money only, which indicates the amount of the claim. It may be set forth upon the summons
or attached to it. INFANT An individual who has not attained the age of eighteen (18).

infant's compromise: a civil proceeding or motion for obtaining court approval of the
settlement of an infant's claim

injunction: a court order for a party to stop doing or to start doing a specific act

inquest: a proceeding which usually is a limited non-jury trial for the purpose of fixing the
amount of damages where the plaintiff or defendant alone introduces testimony.

in re: In the matter of; concerning.

in rem: Regarding the right or title to property.

inter alia: Among other things.

interlocutory: provisional; temporary; not final - refers to orders and decrees of a court

interpleader: action by which one having possession of an article or fund claimed by two
parties may compel them to litigate the title between themselves, instead of with him/her

interpreter: a person sworn at a judicial proceeding to translate oral or written language

interrogatories: written questions propounded by one party and served on an adversary, who
must provide written answers thereto under oath

intestate: a person who dies without a will

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joint trial: two or more actions involving a common question of law or fact may be joined by
court order for trial - the actions are not merged but remain separate and distinct and may
result in one or more verdicts and judgments

judgment: A determination of the rights of the parties in an action or special proceeding. A

judgment shall refer to and state the result of a verdict or decision, or recite the circumstances
on which it is based

judgment roll: a record of the judgment with the supporting papers

judicial hearing officer (JHO): a person who has served as a judge or justice of a court of record
of the Unified Court System, and who no longer is serving in such capacity, except a person
who was removed from a judicial position pursuant to Section 22 of Article VI of the
Constitution

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jurisdiction: the geographical, subject matter, and monetary limitations of a court
Personal jurisdiction- Directed to a specific person to impose a personal liability on him
(usually the defendant).
Subject matter jurisdiction- Topic of consideration, thing in dispute, right claimed by one party
against another

jury: a prescribed number of persons selected according to law and sworn to make findings of
fact

jury (advisory): a body of jurors impaneled to hear a case in which the parties have no right to
a jury trial - the judge remains solely responsible for the findings and may accept or reject the
jury's verdict

jury instructions: directions given by the judge to the jury

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laches: the failure to diligently assert a right, which results in a refusal to allow relief

legal age: Eighteen (18) years of age. See CPLR Section 1206.

legal aid: system by which legal services are rendered to those in financial need who cannot
afford private counsel

liability: an obligation to do, to eventually do, or to refrain from doing something; money
owed; or according to law one's responsibility for his/her conduct; or one's responsibility for
causing an injury

liber: a book used for keeping a record of specific documents or events having legal effect

lien: a claim upon the property of another as security for some debt

litigant: Party to a legal action

long form order: an order prepared by counsel for signature of the court (usually based on a
memorandum decision)
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maintenance: the furnishing by one person to another the means of living, or food, clothing,
shelter, etc., particularly where the legal relations of the parties is such that one is bound to
support the other, as between parent and child or between spouses

material witness: person whose testimony on some issue has been judicially determined as
relevant and substantial

memorandum decision: a written opinion or decision of a court on a litigated question, giving

the court's conclusion on factual and legal issues (this may constitute the order of the court if
so stated)

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memorandum opinion: memorandum in writing, which is a very brief statement of the reasons
for a decision, without detailed explanation

military calendar: To hold in suspense an action that cannot reasonably be tried because a
party or witness is in the military service.

minute book: A Court Clerk's Journal of Courtroom proceedings.

minutes: a record of court proceedings kept by noting significant events

mistrial: a trial which has been terminated and declared void prior to the reaching of verdict
due to extraordinary circumstance, serious prejudicial misconduct or hung jury - it does not
result in a judgment for any party but merely indicates a failure of trial

moot: (adj.) unsettled, undecided, not necessary to be decided

motion: an oral or written request to the court made by a party for a ruling or order

movant: the party who initiates the motion

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natural person: Individual (does not include corporate entities)

negligence: conduct which falls below the standard established by law for the protection of
others against unreasonable risk of harm

non seq. (Non sequitur): It does not follow

note of issue: a document filed with the court placing a cause on the trial calendar

notice of entry: A notice with an affidavit of service stating that the attached copy of an
entered order or judgment has been served by a party on another party.

notice of petition: Written notice of a petitioner that a hearing will be held in a court to
determine the relief requested in an annexed petition.

nunc pro tunc: (now for then) presently considered as if occurring at an earlier date; effective
retroactively
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oath: a swearing to the truth of a statement which, if made by one who knows it to be false,
may subject one to a prosecution for perjury or other legal proceedings

opening statement: the first address of counsel prior to offering of evidence

oral proof: evidence given by word of mouth; the oral testimony of a witness

order: an oral or written direction of a court or judge

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back to top

palimony: term has meaning similar to `alimony' except that award, settlement or agreement
arises out of non-marital relationship of parties (i.e., non-marital partners)

parcel: a tract or a plot of land

part: a court room where specified business of a court is to be conducted by a judicial officer

party: Person having a direct interest in a legal matter, transaction or proceeding.

peremptory challenge: the challenge which may be used to reject a certain number of
prospective jurors without assigning any reason

perjury: the act of lying or stating falsely under oath

petition: a formal written request to a court, which initiates a special proceeding

petitioner: In a special proceeding, one who commences a formal written application,

requesting some action or relief, addressed to a court for determination. Also known as a
plaintiff in a civil action

petit jury: the ordinary jury for the trial of a civil case (so called to distinguish it from the grand
jury)

plaintiff: the party bringing a civil action

pleadings: complaint or petition, answer, and reply

polling the jury: a practice whereby the jurors are asked individually whether they assented,
and still assent, to the verdict

power of attorney: instrument authorizing one to act legally for another either generally or in a
specified matter

precedent: previously adjudged action or decision on same or similar point, serving as a rule or
example for present guidance

proceeding: the succession of events constituting the process by which judicial action is
invoked and utilized pursuant to procedure

preclude: To prevent or stop

process: a legal means, such as a summons, used to subject a defendant in a lawsuit to the
jurisdiction of the court; broadly, refers to all writs issued in the course of a legal proceeding

pro se: for oneself; in one's own behalf; in person; a pro se party is one who, without
representation, acts as his/her own attorney

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purge: To atone for an offense, to submit to a court's mandate (i.e., to purge oneself of
contempt of court)
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recuse: To disqualify oneself as a judge

redact: to edit, revise

referee: a person to whom a cause pending in a court is referred by the court to take
testimony, hear the parties, and report thereon to the court, or to make a judicial
determination - the referee is an officer exercising judicial powers and is an arm of the court
for a specific purpose

relief: Legal remedy

remand: to send a case back from an appellate court to the lower court from which it came,
for further proceedings

remittitur: legal process by which an appellate court transmits to the court below the
proceedings before it, together with its decision, for such further action and entry of judgment
as is required by the decision of the appellate court

replevin: an action brought for the owner of items to recover possession of those items when
those items were wrongfully taken or are being wrongfully kept

reply: a plaintiff's response to a defendant's answer when the answer contains a counterclaim

res: Subject matter

res judicata: a thing judicially acted upon or decided

respondent: One who formally answers the allegations stated in a petition which has been
filed with the court. Also known as a defendant in a civil action

restore/ reinstate to calendar: to reinstate the action to active inventory

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sanction: a penalty or punishment provided as a means of enforcing obedience to a law, rule

or code; also, an authorization

satisfaction: Discharge of a legal obligation, as in a "Satisfaction of Judgment."

seal: to close a case file from public scrutiny - in instances of youthful offenders and acquittal,
sealing orders are issued by the court to prevent the public from obtaining information on the
cases

security for costs: An undertaking required by a court to cover the payment of costs if the
judgment is against the depositor.

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separation: in matrimonial law, a cessation of cohabitation of husband and wife by mutual
agreement, or in the case of "judicial separation," under the decree of a court

sequester: to separate, set apart, hold aside for safekeeping or awaiting some determination;
jurors are sequestered when not permitted to return home until the case is closed

service: the exhibition or delivery of a writ, notice, etc., officially notifying a person of some
action or proceeding in which that person is concerned

short form order: an order prepared by the court

show cause: an order, decree, execution, etc., to appear as directed, and present to the court
such reasons and considerations as one has to offer why it should not be confirmed, take
effect, be executed, or as the case may be

sine die: Without a date, as in an action being adjourned sine die. Legal process which
commands a witness to appear and testify.

small claims assessment review (SCAR): filing by any person aggrieved by an assessment of a
one, two or three family, owner occupied residential structure used for residential purposes
(including condominiums) (NYS)

special master: a special master is an attorney appointed on an ad hoc basis to assist the court
in hearing motions (NYS)

special proceedings: general term for remedies or proceedings which are not ordinary actions,
e.g., condemnation

special referee (or referee): the special referee has the authority to exercise judicial functions
when assigned duties by the court to determine the following (1) to determine an issue
(binding) (2) to perform an act (disclosure) (3) to hear and report - matrimonial actions may be
included (NYS)

special term: a court part set aside to hear specific types of cases

special verdict: a special finding of the facts of a case by a jury leaving to the court the
application of the law to the facts thus found

statute of limitations: a statute that declares that no actions of a specified kind be commenced
after a specified period of time after the cause of action arose

stay: a stopping or suspension of procedure or execution by judicial or executive order

stipulation: an agreement by attorneys on opposite sides of a case as to any matter pertaining

to the proceedings or trial - most stipulations must be in writing

stpulation of settlement: A formal agreement between litigants and/or their attorneys

resolving their dispute.

sua sponte: upon its own motion, initiation or will; without a prior request

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subpoena: Legal process which commands a witness to appear and testify.

subpoena duces tecum: a subpoena requiring a person to produce specified documents or

records in a trial

subpoena (judicial): an order issued by the court to a person to attend court and give
testimony

subpoena duces tecum (judicial): an order issued by the court requiring a person to produce
specified documents or records in a trial

subsequent proceedings: Any proceeding or action taken with respect to a specific case after it
has been filed with the court.

suit: A legal action or proceeding.

sum certain: Liquidated damages pursuant to contract, promissory note, law, etc.

summary judgment: a determination in an action on the grounds that there is no genuine issue
of fact

summons: A form used to commence a civil action and acquire jurisdiction over a party

supplementary proceedings: further inquiry, under court jurisdiction, after entry of judgment,
to determine means for enforcing the judgment against judgment debtor

surety: One who is legally liable for the debt, default, or failure to carry out a duty of another.
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third-party action: A claim asserted by a defendant, styled a third-party plaintiff, against a

person, styled a third-party defendant.

trial assignment part (TAP): that part of the court which assigns cases for trial (NYS)

testimony: an oral declaration made by a witness or party under oath

tort: an injury or wrong committed, either with or without force, and either intentionally or
negligently, to the person or property of another

transcript: the official record of proceedings in a trial or hearing

transfer: the removal of a cause from the jurisdiction of one court or judge to another by
lawful authority

trial: the formal examination of a legal controversy in court so as to determine the issue

trial de novo: A new trial (see: 22NYCRR 28.12).

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undertaking: Deposit of a sum of money or filing of a bond in court.
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vacate: to set aside a previous action

venire: technically, a writ summoning persons to court to act as jurors; popularly used as
meaning the body of names thus summoned

venue:1. Geographical place where some legal matter occurs or may be determined. 2. The
geographical area within which a court has jurisdiction. It relates only to a place or territory
within which either party may require a case to be tried. A defect in venue may be waived by
the parties.

verdict: the determination of a jury on the facts

verification: confirmation of the correctness, truth or authenticity of pleading, account or

other paper by an affidavit or oath

voir dire: a questioning of prospective jurors by the attorneys, and, on application of any party,
by the judge, to see if any of them should be disqualified or removed by challenge or
examination
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waiver: an intentional and voluntary relinquishment of some known right

warrant: a written order directing the arrest of a person issued by an authority - warrants are
"issued," "executed" or "canceled"

with prejudice: the term, as applied to judgment of dismissal, is as conclusive of rights of

parties as if action had been prosecuted to final adjudication adverse to the plaintiff

without prejudice: a dismissal "without prejudice" allows a new suit to be brought on the same
cause of action

witness: one who testifies to what he/she has seen, heard, or otherwise observed

writ: an order issuing from a court of justice and requiring the performance of a specified act,
or giving authority and commission to have it done

Court Terminology
County Court
Court Terminology

The following terms are presented here to assist in understanding what goes on within

43
the courtroom. They are not meant to be considered legal advice; nor are they to be
considered “all-inclusive” definitions.

ACQUITTAL
A verdict of not guilty for a defendant in a case that has gone to trial.

ADVISEMENT
First appearance by a defendant in a court case, where he is formally advised of his
constitutional rights and the various pleas that he could enter. The court explains
various rights of defendant, such as right to trial, right to speedy trial, right to attorney,
right to subpoenas, right to testify, right to remain silent, right to be heard before
sentencing, right to appeal, presumption of innocence, burden of proof, etc. The court
usually also explains various procedures which will be followed.

AMENDMENT
Written proposal to change or modify a court action.

APPEAL
A request to take a case to a higher court for review.

ARRAIGNMENT
A court proceeding in which the charges are read in open court to the defendant. At this
time, the defendant decides whether to plead guilty or to plead not guilty and ask for a
trial.

ARREST
To deprive a person of his liberty by legal authority. An officer must indicate his
intention to detain or take the person under actual control.

BAIL (BOND)
The amount of money that needs to be posted with the court to secure the defendant’s
future appearance at all court dates. If the defendant cannot post bond, he remains in
custody. If the defendant can post bond he is released until the next court date. The
bond is refunded at the end of the case if the defendant makes all court dates and fulfills
all requirements.

The release of arrested or imprisoned person when security, cash or property is given or
pledged to insure their appearance in court at a future time.

Bond, Personal Recognizance

A bond posted on the defendant's promise to appear without giving security to the court
or professional bondsman

Bond, Cash
A bond posted by the defendants for the full amount of the bail in cash.

Bond, Property
A bond in which the defendant in court offers real estate as security for the appearance.

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Bond, Surety
A bond posted by a second party.

Bond, Military
A bond authorizing release of a defendant into the custody of his commanding officer,
with the promise of the commanding officer to return the defendant to court.

BAILIFF
A court clerk or attendant.

BENCH WARRANT
An order from a judge that the defendant is to be arrested when contacted by the police.

BOND FORFEITURE
Court action taken against a defendant or surety resulting from the defendant's failure to
appear while on bond.

BOUND OVER
The act of transferring a case from the County Court to the District Court.

CALENDAR
The daily schedule of court appearances by judge or court; may refer to the monthly or
yearly calendar for each judge or court.

CASE CLOSED
All requirements of the case have been completed. It does not mean the case is
dismissed. No other court dates are required. All matters have been resolved.

CERTIFIED COPY
A copy of a document or a record signed and certified as a true copy by the officer to
whose custody the original is entrusted.

CERTIFY
To testify in writing: To make known or establish as fact. When a clerk "certifies" a
document, he or she stamps a copy document with the "Attest True Copy" stamp. He or
she then dates, signs and seals the document, which attests in writing that the document
is an exact copy of the original document that must remain on file with the court.

CHARGE
An accusation of violation of law included in the summons and complaint.

CITATION
(1) A writ issued by a court ordering as person to do something ordered therein or show
cause why he should not. (2) An order or summons by which a defendant is notified to
appear in court.

CITY ATTORNEY
The prosecutor in a municipal ordinance violation case. In Denver, they may also be
sworn as special deputy district attorneys for the purpose of prosecuting state statute
violations.

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CIVIL ACTION
An adversary proceeding for the enforcement or protection of a right or the redress or
prevention of a wrong.

COMPLAINT (CIVIL)
The first or initial pleading on the part of the plaintiff. Its purpose is to give the
defendant information of all material facts on which the plaintiff relies to support his
demand.

COMPLAINT (CRIMINAL)
A charge by a D.A. or law enforcement officer, brought before a judge or magistrate
having jurisdiction, stating a violation of a specific state or municipal statutory law by a
person named (or unknown person) causing prosecution to be instituted.

CONCURRENT JURISDICTION
The power of more than one court to hear the same subject matter.

CONCURRENT SENTENCES
To be served simultaneously (at the same time) rather than successively (one after
another).

CONSECUTIVE SENTENCES
To be served one after another instead of simultaneously (at the same time).

CONTEMPT OF COURT
Any act which is calculated to embarrass, hinder, or obstruct the court’s administration
of justice, or which is calculated to lessen its authority or dignity.

CONVICTION
The judgment by the court or jury finding the defendant guilty of committing an
offense. In a criminal trial, the judgment that the defendant is guilty and a sentence shall
be imposed.

COUNSEL
Lawyer or group of lawyers representing a client.

COURT OF RECORD
A court in which a verbatim record of the proceedings are kept, either by stenographic
means or electronic recordings.

CRIMINAL ACTION
An action between the state and a person, where the person is charged with committing
an act prohibited by law, for which a criminal penalty may be imposed.

DECREE
A judgment of the court that announces the legal consequences of the facts found in a
case and orders that the court's decision be carried out. The term is usually used to
reference a final divorce order, final adoption order, etc.

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DEFENDANT
A person accused.

DEFENSE ATTORNEY
The defendant's lawyer.

DEFAULT JUDGMENT
A judgment entered because the defendant failed to appear or answer a complaint.

DEFERRED JUDGMENT SENTENCE

A defendant pleads guilty and forever gives up his right to a trial. He must pay court
costs and perhaps fulfill obligations such as useful public service, attend classes. He
must also commit no other offenses over a set period of time. If the defendant completes
these obligations, he is entitled to withdraw his plea and the case will be dismissed,
avoiding a conviction.

DEFERRED PROSECUTION
A plea agreement procedure by which the court, with the consent of both the prosecutor
and defendant, may order the trial postponed for a period not to exceed two years -
although no actual plea has been entered

DEFENDANT
The party against whom a criminal or civil action is brought.

DISCOVERY
The procedure by which a party may obtain information from witnesses and parties
before commencement of trial.

DISMISSAL
The final order or judgment disposing of an action without a trial of the issues involved.
The case has been ended without a conviction. Perhaps the case could not be proven
beyond a reasonable doubt or perhaps conviction was prevented by some technicality. If
a defendant ever had requirements to fulfill, it is unlikely his case was dismissed.
With Prejudice
Bars the right to bring the action on the same claim again.
Without Prejudice
Allows complainant to file again on the same cause of action.

DISPOSITION
A resolution of the case in some way without a trial, perhaps through a guilty plea,
perhaps in exchange for having other charges dismissed. The final result of a case or a
charge.

DISTRICT ATTORNEY
The prosecutor in a state statute violation case.

DIVERSION
An opportunity to the defendant to avoid having to go to trial or plead guilty, usually in
juvenile matters. If the defendant meets the requirements of diversion such as attending
classes, staying out of trouble, defendant is entitled to have the case dismissed. A

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defendant neither admits nor denies that he is guilty by accepting diversion. If the
defendant fails to complete diversion he still has the right to have a trial.

DOCKET
A list of court cases or a judge's calendar. To enter data or index case activity on the
computer.

DOUBLE JEOPARDY
The US Constitution prohibits a person from being prosecuted for the same crime more
than once. The conditional prohibition against a second presentation of a person for the
same crime.

EVIDENCE
All types of information presented at a trial.

EXHIBIT
Any object or document offered as evidence in a trial.

EXTRADITION
Surrender by one state of an individual accused of an offense in another state.

FELONY
Offenses defined by state statute as "crimes of a grave or serious matter." There are five
classes of felonies, with class one being the most serious and class five being the least
serious.

GARNISH
To attach the personal property, including wages, of a judgment debtor.

GARNISHEE
One garnished; a person against whom process of garnishment is issued; one who has
money or property in his possession belonging to a judgment debtor or who owes the
judgment debtor a debt.

GARNISHMENT
A statutory proceeding whereby a person's (judgment debtor) property, money or credits
under control of another are applied to payment for the formers debt to a third person
(judgment creditor).

GUILTY
An admission by a defendant of committing an offense; a finding by the court or a jury
that a defendant is responsible for committing an offense.

HEARING
A proceeding with definite issues of fact, a listening to of arguments.

INDICTMENT
A formal written accusation originating with a prosecution and issued by a grand jury
against a party charged with a crime.

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IN FORMA PAUPERIS
In the manner of a pauper; describes permission given to a poor person to litigate
without payment of costs.

INTERROGATORIES
A type of form. Questions asked by one party and served on an opposing party who
must answer them in writing under oath.

JUDGMENT
The final decision of the court resolving the dispute and determining the rights and
obligations of the parties. The law’s last word in a judicial controversy. Decision or
sentence of the law, given by a court of justice or other competent tribunal as a result of
proceedings instituted therein.

JURISDICTION
The legal power to hear and decide cases; the territorial range of such power.

JURY
A group of people sworn to hear evidence, to inquire into the facts in a legal case and to
give a decision according to their finding.

JURY SUMMONS
Notice used to require a person to appear and serve on a jury.

LITIGANT
A party to a lawsuit; someone engaged in litigation.

MINUTES
The formal record of each action taken by a court on a given day.

MINUTE ORDER
An order entered in court or as a ruling on a motion.

MISDEMEANOR
Those offenses defined by state statute as less serious than felonies and generally
punishable by fine and/or jail time rather than a sentence in a penitentiary. There are
three classifications of misdemeanor, with class one being the most serious and class
three being the least serious.

MITTIMUS
A written court order to a sheriff, commanding him to imprison a defendant in a
detention facility for a certain period of time. A court order delivering custody of a
person to a specified officer.

MOTION
A party to a case submits a proposal or request for consideration by the court.

Motor Vehicle Department (MVD) Report

The history of a driver containing date of offense, date of conviction, offense, location
of offense, points assessed, and whether or not an accident occurred.

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NOLO CONTENDERE
A plea meaning "no contest"; has the same effect as a guilty plea as far as the trial and
sentence are concerned.

OFFENDER
One convicted of committing a crime.

OFFENSE
A breach of the statutory or municipal laws.

ORDINANCE
A law passed by a city or town law-making body.

OUSTANDING JUDGMENT WARRANT (OJW)

If a person fails to appear or fails to complete a court requirement, an OJW issues from
the Court to the motor vehicle division. It operates as a lien against one's license. A
person with a license loses the license unless he fulfills the remaining court
requirements within 30 days. A person who does not yet have a license may not obtain
one until the court requirements are completed. Once the requirements are met, the
defendant must pay a $30.00 OJW fee. Then the court notifies the motor vehicle
division that all requirements have been completed. The defendant may then obtain his
license.

PERSONAL SERVICE
Actual delivery of process to person to whom it is directed or to someone authorized to
receive it in his behalf.

PLAINTIFF
A person who brings an action; the party who complains or sues in a court case.

PLEA
To deliver in a formal manner the defendant’s answer to the plaintiff's declaration,
complaint or to the indictment.

PLEA BARGAIN
An agreement between the prosecutor and a defendant in which the prosecutor offers
the defendant the option of pleading guilty to a lesser charge rather than go to trial.

PLEA & SETTING

A court date at which a defendant enters a plea of guilty or not guilty. This occurs after
arraignment has occurred

PRELIMINARY HEARING
A hearing in County Court on a felony case where a judge decides if there is probable
cause to continue the case. If the judge decides that there is probable cause, the case is
bound over to District Court.

PRE-TRIAL CONFERENCE
An informal conference between defendant and prosecution and the court to clarify and
narrow the issues and to attempt to work out a settlement.

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PROBABLE CAUSE
There is probable cause when there is "reasonable grounds" to believe that a crime has
been or is being committed

PROBATION
A type of sentence in which the defendant is placed under the court's supervision for a
period of time. During this period the defendant has requirements to fulfill such as
attending classes, doing useful public service work, paying restitution, keeping drug and
alcohol free, avoiding any new offenses, etc. A probation officer usually supervises
probation. Ordinarily probation is an alternative to a jail sentence, although sometimes
there may be a brief jail sentence followed by probation.

PROCESS
A summons, writ, warrant, mandate or other order issuing from a court.

PROCESS SERVER
Person authorized by law to serve process papers on a defendant.

PROSECUTOR
A lawyer who represents the government in bringing legal proceedings against an
alleged wrong doer.

PUBLIC DEFENDER
A lawyer employed by the government to represent a person accused of a crime that
cannot afford to hire a lawyer to defend him.

QUASH
To render of no legal effect.

REASONABLE DOUBT
A reasonable doubt exists when a fact finder cannot say with moral certainty that a
person is guilty or a particular fact exists. It must be more than an imaginary doubt, and
it is often defined judicially as such doubt as would cause a reasonable person to
hesitate before acting in a matter of importance.

REGISTER OF ACTION
The permanent record of all filings and proceedings in a court case.

REGISTERED AGENT
The one authorized to accept service of process for a corporation. May be an individual
or a corporation.

REGISTRY
Funds received in trust by order of the court and disbursed by order of the court; these
funds are not property of the State of Colorado.

RESTITUTION
A payment made by a defendant to a victim for monetary losses suffered by the victim
as a result of the defendant's conduct.

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RETURN OF SERVICE
The document signed by a process server attesting to deliverance of process, who was
served, how the paper was served, the time and mode of service.

SATISFACTION OFJUDGMENT
A document filed by the judgment creditor indicating that a money judgment has been
paid or otherwise satisfied.

SENTENCE
The punishment given to a person convicted of a crime.

SERVICE
The exhibition or delivery of a writ, summons, complaint, notice, order, etc., by an
authorized person, to a person who is thereby officially notified of some action or
proceeding in which he is thereby named.

SERVICE BY PUBLICATION
Service of a summons or other process upon an absent or nonresident defendant by
publishing the same as an advertisement in a designated newspaper.

Sheriff's Work Program (Juvenile Offender Work Program -- JOWP)

A form of penalty in which the defendant works directly under supervision of the sheriff
on outdoors projects with other young offenders.

SHOW CAUSE
Explain or justify

STAY OF EXECUTION (S.O.E.)

A delay in the enforcement of a court order.

SUBPOENA
A written legal order directing a witness to appear in court.

SUBPOENA DUCES TECUM

A command to a witness to appear and give testimony, and also to produce specified
tangible materials at the same time.

SUMMONS
A document notifying a person that an action has commenced and requiring the person
to appear in court.

SUPPRESS
To preclude from introduction as evidence in a particular criminal action; a motion to
suppress evidence or a confession does not deny the existence of the evidence or
confession, but asks the court not to allow them to be introduced in the case. The court
can also suppress a case which makes it not available for public inspection

SURETY
A person who insures the appearance of a defendant in court with the knowledge that if
the defendant fails to appear the surety will pay to the court the amount of the bail.

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TEMPORARY RESTRAINING ORDER (TRO)
A court order issued for a specified period before a hearing, prohibiting a named party
from committing a particular act or acts.

TESTIMONY
Oral statements by a witness under oath; as distinguished from evidence consisting of
documents or tangible materials.

TICKET
Citation or summons issued to a violator of motor vehicle law.

TRANSCRIPT
The typewritten reduction of stenographic or electronic recordings made and certified
by the court reporter.

TRIAL
The court proceeding at which the prosecution presents its evidence to a judge or jury in
an attempt to prove that the defendant is guilty. The defendant also has a right to present
evidence for the judge's consideration.

TRIAL DE NOVO
A new trial conducted as if no trial had ever occurred before, from a court on non-court
to a court of record.

TRIAL TO COURT
A trial held before a judge sitting without jury.

TRIAL BY JURY
A trial held before a judge sitting with a jury to resolve factual issues.

Useful public service (UPS)

A form of sentence ordered by the court after a defendant has been found guilty or
admits he is guilty. The defendant must do a specified number of hours of work that
benefits the community. The defendant is not paid for this work. The work must be
done by a deadline.

VENUE
Designates the particular county or city in which a court with jurisdiction may hear and
determine the case.

VERDICT
The formal decision of finding made by the jury upon the matters or questions
submitted to them.

VOIR DIRE
In selecting as jury, the interrogation of the prospective jurors to determine
qualifications and fitness to sit on the jury.

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WRIT
A formal written command issued by the court, requiring the performance of a specific
person.

WRIT OF ATTACHMENT (RULE 402)

Is a prejudgment proceeding in which funds or property belonging to a defendant and
are being held by a third party are seized "to secure the debt or claim of the creditor in
the event that a judgment is rendered."

Common Legal Words

Notice: This list of common legal words was compiled by the Connecticut Judicial Branch solely as
a public service. The Judicial Branch does not warrant the accuracy of the information contained in
this list nor is it responsible for any errors or omissions and assumes no liability for its use. This
information is by necessity general in nature and is not intended as legal advice, but rather
information which may be helpful in understanding how courts in Connecticut operate.

A | B | C | D | E | F | G | H | I | J | L | M
N | O | P | R | S | T | U | V | W | Y

A
AKA: "Also known as". Used to list aliases or another name, or another spelling of a name used by a
person.

Accelerated Rehabilitation: Also called AR. A program that gives persons charged with a crime or
motor vehicle violation for the first time a second chance. The person is placed on probation for up to
two years. If probation is completed satisfactorily, the charges are dismissed.

Acknowledgement: The signature of a clerk or attorney certifying that the person filing the document
has sworn that the contents are true, and/or that the document is signed by his or her free act and
deed.

Action: Also called a 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.

Adjournment: Postponement of 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: The transfer of juveniles who are at least fourteen years old to regular criminal
dockets in Geographical Area or Judicial District courts. Also involves the transfer from a Juvenile
Detention Center to the State Department of Correction.

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 of time set by
the court.

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Affirmation: Declaring something to be true under the penalty of perjury by a person who will not
take an oath for religious or other reasons.

Affidavit: A written statement made under oath.

Alcohol Education Program: A pre-trial program for first time offenders charged with driving a motor
vehicle under the influence of alcohol.

Alford Doctrine: A plea in a criminal case in which the defendant does not admit guilt, but agrees
that the state has enough evidence against him or her to get a conviction. Allows the defendant to
enter into a plea bargain with the state. If the judge accepts the Alford Plea, a guilty finding is made
on the record.

Alimony: Money a court requires one spouse to pay the other spouse for support before and/or after
the divorce is granted. If you do not ask for alimony at the final hearing, you can never get it in the
future.

Allegation: Saying that something is true. The assertion, declaration or statement of a party in a
case, made in a pleading.

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: Also called ADR. Any method used to resolve disputes other than
traditional trial proceedings. For example, mediation. ADR programs speed up the disposition of civil
cases.

Alternative Incarceration Center: Also called AIC. A community based program that provides
monitoring, supervision and services to people who would otherwise be incarcerated.

Alternative Sanctions: Criminal punishment that is less restrictive than incarceration.

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. A person who wants to file
an amicus curiae brief usually has to get the court’s permission to do so.

Annulment: A court order declaring that a marriage is invalid.

Answer: A court document, or pleading, in a civil case, by which the defendant responds to the
plaintiff's complaint.

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 that you are
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. When a defendant in a civil
case files an appearance, the person is submitting to the court’s jurisdiction.

Appellant: The party appealing a decision or judgment to a higher court.

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Appellee: The party against whom an appeal is taken.

Arbitration: Submitting a case or dispute to designated parties for a decision, instead of using a
judge.

Arraignment: The first court appearance of a person accused of a crime. The person is advised of
his or her 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 and/or child support, which is overdue and unpaid.

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.

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.

Automatic Orders: Court orders that take effect when a divorce or custody case is started.

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B
Bail: Also called Bond. Money or property given to the court for the temporary release of a defendant,
to ensure that the defendant will return to court.

Bail Bondsperson: A person who lends money to a defendant to pay for bail.

Bail Commissioner: A state-appointed person who may set the amount of bond for persons
detained at a police station prior to 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 attorneys as a group.

Best Interest of the Child: The standard a judge uses to decide custody and visitation issues.

Bench Warrant: Court papers issued by the judge, "from the bench," for the arrest of a person.

Bond: Also called bail. Money or property given to the court for the temporary release of a defendant,
to ensure that the defendant will return to court. There are two kinds of bonds:

Non-financial bonds:
a) Non-surety bond 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.
b) Promise to appear.

Surety bond: The court requires cash, real estate or a professional bail bondpersons signature as

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collateral before releasing the defendant back into the community. (The court may allow the
defendant to post ten percent of the bond in cash to secure his or her release.)

Bond Forfeiture (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 put up cash or property as collateral before a defendant may be
released.

Brief: A written document prepared by a lawyer or party on each side of a dispute and filed with the
court in support of their arguments.

Broken Down Irretrievably: The most common reason for granting a divorce. It means there is no
hope of the husband and wife getting back together again. Also known as "no-fault" divorce.

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C
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.

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 in which the death penalty may be imposed (C.G.S. '53a-54b).

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.

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.

CGS: Abbreviation for Connecticut General Statutes

Challenge: Rejecting a potential juror.

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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. (Civil |
Criminal)

Chattels: All property except real property; personal property. For example: jewelry, clothing,
furniture, and appliances.

Child: Any person under the age of sixteen (16) years of age.

Child Support: Money paid by a parent to help meet the financial needs of a child.

The "Chip Smith Charge" is an instruction to deadlocked jurors in civil and criminal cases, urging
those jurors who disagree with the majority vote to reexamine the majority views in an effort to reach
a unanimous verdict.

CIP: Children in Placement- a voluntary program in Juvenile Court, which monitors neglect, cases.

Civil Action: A lawsuit other than a criminal case usually filed in a Judicial District courthouse.
Includes family actions (divorces, child support, etc) and small claims cases, although these are both
separately designated.

Claim: In civil cases, the statement of relief desired.

Classification and Program Officer: Also called 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.

Common Law: Laws that develop through case decisions by judges. Not enacted by legislative
bodies.

Community Service: Work that convicted defendants are required to perform in order 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: Also called CSLP. A community service program for persons
charged with drug offenses. Upon successful completion of the community service sentence, the
criminal case is dismissed.

Complaint: A legal document that tells the court what you want, and is served with a summons on
the defendant to begin the case.

Complex Litigation: A specialized docket designed for complex civil cases, where one judge hears
the case from beginning to end. Criteria includes: multiple parties, large amounts of money, lengthy
trial or complex legal issues.

Conditional Discharge: A disposition, in criminal cases, where the defendant must satisfy certain
court-ordered conditions instead of a prison term.

Contempt of Court: A finding that someone disobeyed a court order. Can also mean disrupting
court, for example, by being loud or disrespectful in court.

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Continuance: The adjournment or postponement of a court case to another day.

Continuance Date: Date on which the case will next be heard in court.

Contract: A legally enforceable agreement between two or more persons or parties.

Conviction: To be found guilty of committing a crime.

Costs: Expenses in prosecuting or defending a case in court. Usually does not 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.

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. The court clerks’ office
receives all court papers and assigns 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 stenograph
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.

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.

Cross-Examination: Questioning by a party or the attorney of an adverse party or a witness.

Custody: A court order deciding where a child will live and how decisions about the child will be
made. Parents may ask for any custody arrangement that they believe is in the best interest of their
child.

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.

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D
Damages: Money a party receives as compensation for a legal wrong.

Day Incarceration Center: Also called DIC. A community based program that provides monitoring,
supervision and services to people who would otherwise be incarcerated. Day Incarceration Center
clients are supervised during the daytime hours, seven days per week.

Declaration: An unsworn statement of facts made by a party to the transaction, or by one who has
an interest in the facts recounted.

Default: To fail to respond or answer to the plaintiff’s claims by filing the required court document;
usually an Appearance or an Answer.

Defendant: In civil cases, the person who is given court papers, also called a respondent. In criminal
cases, the person who is arrested and charged with a crime.

Delinquent: In civil or family cases, failing to pay an amount of money when due: In juvenile cases, a
child who violated a law, local ordinance, or an order of the Superior Court.

Deposition: Testimony of a witness taken, under oath, in response to another party's questions.
Testimony given outside the courtroom, usually in a lawyer's office. A word for word account
(transcript) is made of the testimony.

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 continued
detention of the juvenile. The detention decision must be reviewed at least every fifteen days.

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 complainant or
prosecutor to renew the case later. In contrast, dismissal "with prejudice" 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: The manner in which a case is settled or resolved.

Dissolution: The legal end of a marriage, also called a divorce.

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. It must be used on all future
papers filed in the court case. Each docket number starts with two letters that tell 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. A person may have several residences, but only one
domicile.

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Drug Court: A Special Session of the Superior Court that is responsible for hearing cases involving
charges of drug offenses.

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E
Education Program: A program for family violence offenders that, if granted and successfully
completed, results in dismissal of criminal charges (C.G.S. §46b-38c).

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.

Emancipated Minor: A person under the legal majority age of 18 who is granted most rights and
legal privileges of an adult (C.G.S.§46b-150, et seq.).

Emancipation: The release of a youth from the legal authority and control of the youth's parents and
the corresponding release of the youth’s parents from their obligations to the youth.

Eminent Domain: The legal process by which private property is taken for public use without the
consent of the owner.

Eviction: Legally forcing a tenant out of rented property. (Housing Publications)

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.

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.

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F
Failure to Appear: In a civil case, failing to file an Appearance form. In a criminal case, failing to
come to court for a scheduled hearing.

Family Relations Counselor: A person who mediates disagreements and negotiates agreements in
custody, visitation and divorce cases. At the request of the judge, a family relations counselor may
evaluate a family situation by interviewing each parent and the children in the family. The family
relations counselor then writes a report for the judge, making recommendations about custody and
visitation. Works in the Family Services Office.

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Family Support Magistrate: A person who decides cases involving child support and paternity. Can
also enforce court orders involving 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: Also called 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, and/or (d) is a truant or continuously defiant of school rules and regulations.

Felony: Any criminal offense for which a person may be sentenced to a term of imprisonment of
more than of one year.

Felony Murder: A murder committed while the person is also committing a felony.

Filing: Giving the court clerk legal papers which become part of the case file.

Financial Affidavit: A sworn statement of income, expenses, property (called assets) and debts
(called liabilities).

Finding: The court’s or jury’s decision on issues of fact.

Foreclosure: A court order ending the legal ownership of property.

Foreman: An elected member of a jury who delivers the verdict to the court.

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G
Garnishment: A court order to collect money or property. For example, 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.

GA - Geographical Area: Geographical Area. The court location where motor vehicle and most
criminal cases are heard. There are 22 Geographical Areas in Connecticut.

Grievance: A complaint filed against an attorney or judge, claiming an ethics violation.

Guardian: A person who has the power and duty to take care of another person and/or to manage
the property and rights of another person who is considered incapable of taking care of his or her
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. If a family member is not available, a judge may appoint an attorney.

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 N | O | P | R | S | T | U | V | W | Y

H
Habeas Corpus: A court order used to bring a person physically before a court in order to test the
legality of the person's detention. Usually, it is directed to the official or person detaining another,
commanding him to bring the person to court for the judge to determine if that person has been
denied liberty without due process of law.

Hearsay: Testimony given by a witness who tells second or third hand information.

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. Also provides information about community resources to litigants.

Hung Jury: A jury whose members cannot reconcile their differences of opinion and thus cannot
reach a verdict.

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I
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. All child support court orders must include an income withholding order unless
both parents ask the judge not to.

Indigent: Someone without enough money to either support himself or herself or his or her family.
Someone who cannot afford to pay certain fees required by the court. (Civil, Family, Housing |
Juvenile)

Information (the): 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. For example, a speeding ticket. (Infractions Schedule)

Injunction: A court order to stop doing or to start doing a specific act.

Interpreter: The person who correctly translates court hearings from a second language to English.
An interpreter is provided at no cost to the person who needs the interpreter in all cases where the
person's life, freedom, children or housing are at risk of being taken away. Interpreters are also
provided for criminal and child support cases.

Interrogatory: Formal, written questions used to get information from another party in a lawsuit.

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

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a crime or crimes.

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J
Judge: A person who hears and decides cases for the courts. Appointed by the governor for a term
of eight years and confirmed by the General Assembly.

Judgment: A court decision. Also called a decree or an order.

Judgment File: A permanent court record of the court’s final disposition of the case.

JD - Judicial District: Connecticut has 13 judicial districts (JD) in which civil, criminal, family and
juvenile matters are heard. Civil jury, civil non-jury, administrative appeals and family matters
generally are heard in a JD courthouse.

Juris Number: An identification number assigned to each attorney in Connecticut.

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. (Civil |
Criminal)

Juvenile Court: Also called 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. All juvenile court proceedings and case records are confidential and are not public
information.

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 Connecticut Judicial Branch, open 24 hours a day, 7 days a week.

Juvenile Detention Officer: Also called 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. It does not include guardianship
or adoption cases, or matters affecting property rights of any child or youth over which the Probate
Court has jurisdiction. The Probate Court hears appeals concerning adoption, termination of parental
rights and removal of a parent as guardian are included. Juvenile matters in the criminal session

64
include all cases concerning delinquent children in the state.

Juvenile Probation: Placement of an adjudicated delinquent under the supervision of a juvenile

probation officer.

Juvenile Transportation Officer: Also called JTO. A person who provides safe transportation
services for juveniles in custody.

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L
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.
Call 1-800-453-3320 to apply.

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 Separation: A court order describing the conditions under which two married people will live
separately.

Lien: A charge, hold, or claim upon property of another as security for a debt.

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.

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M
Magistrate: A person who is not a judge but who is authorized to hear and decide certain types of
cases. For example, family support magistrates hear cases involving child support.

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.

Marshal: The persons responsible for courthouse security including the metal detectors at the
entrance of each courthouse and maintaining order in each courtroom. A marshal can also serve
(give copies of) legal papers to the other people named in a lawsuit.

Mediation: A dispute resolution process in which an impartial third party assists the parties to

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voluntarily reach a mutually acceptable settlement.

Minor: A person under age 18, the age of legal majority.

Misdemeanor: A crime that carries a maximum penalty of one year and/or a $2,000 fine.

Mitigating Circumstances: Circumstances that may be considered to reduce the guilt of a

defendant. Usually based on fairness or mercy.

Mittimus Judgment: Also called a 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.

Motion: Usually written request to the court in a case. 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.

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N
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.)

Neglected Minor: A child or youth who has (a) been abandoned, (b) is being denied proper attention,
(c) is being permitted to live under conditions injurious to his/her well being, or (d) has been abused.

No Contact Order: A court order that prohibits contact by a defendant with a victim; can be ordered
by a judge, a bail commissioner, a probation officer or a parole officer.

No Fault Divorce: 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. Described as "broken down irretrievably".

Nolle: Short for nollo prosequi, which means "no prosecution". A disposition of a criminal or motor
vehicle case where the prosecutor agrees to drop the case against the defendant but keeps the right
to reopen the case and prosecute at any time during the next thirteen months. The nolle is entered on
the court record and the defendant is released from custody. If the defendant stays out of trouble
during the thirteen months, the case is removed from the official court records.

Nolo Contendere: It means "no contest". A plea in a criminal case that allows the defendant to be
convicted without admitting guilt for the crime charged. Although 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 Contest: A plea in a criminal case that allows the defendant to be convicted without admitting
guilt for the crime charged. Also called nolo contendre. Although 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.

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Non-Suit: Vacating a case by the court, usually for failure to prosecute.

Notarize: To formally complete a document by acknowledgement or oath.

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O
Oath: To swear/affirm to the truth of a statement/document.

Office of Adult Probation: A division within the Judicial Branch. The primary responsibilities of the
Office of Adult Probation are to supervise persons placed on probation, to conduct investigations for
the court to provide background information on convicted offenders and to conduct eligibility
investigations for special programs.

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 (Detention Order): 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: Also called an OTC. Court order placing a child or youth in the
short-term legal custody of an individual or agency authorized to care for juveniles.

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P
Parcel: A tract or a plot of land.

Parenting Education Program: A mandatory program for persons 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.

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.

Pendente lite order: A court order made before final orders are granted.

Peremptory Challenge: The rejection of a prospective juror by the attorneys in a case, without

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having to give a reason. State law defines the number of peremptory challenges available.

Perjury: Making false statements under oath.

Petition: A formal written request to a court, which starts a special proceeding. In juvenile court, the
legal document which specifies the complaint against the juvenile and/or family; it includes the name,
age and address of the minor and his/her guardian, as well as the statutory grounds and facts upon
which the request for the court intervention is based.

Petitioner: Another word for plaintiff, the person starting the lawsuit.

Plaintiff: The person who sues or starts a civil case, also called the petitioner or the complainant.

Plea: An accused persons answer to a criminal charge. For example: 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. For
example: motion to dismiss; motion for modification.

Posting 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.

Practice Book: Contains the rules of court and forms which must be followed in all Connecticut court
cases. Available in all courthouse law libraries.

Pre-Sentence Investigation: Also called PSI. A background investigation conducted by a probation

officer on a person who has been convicted of a criminal offense.

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.

Probable Cause Hearing: A hearing held before a judge in criminal cases to determine if enough
evidence exists to prosecute. The probable cause hearing must be conducted within 60 days of the
filing of the complaint or information in Superior Court, unless the accused person 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: 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.

Promise to Appear: A type of non-financial bond where the defendant agrees to return to court
without giving cash or property.

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Pro Se: A Latin phrase meaning 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. To proceed against a person criminally.

Prosecutor: Also called the state's 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.

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.

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R
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.

Record: The pleadings, the exhibits and the transcript made by the court reporter of all proceedings
in a trial.

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.

Regional Child Protection Docket: A specialized court designed to hear complicated child
protection cases. One judge hears the case from start to finish. Located in Middletown.

Regional Family Trial Docket: A specialized court designed to hear complicated family cases. One
judge hears the case from start to finish. Located in Middletown.

Residential Treatment Programs: Programs that provide extensive drug or alcohol treatment on an
inpatient basis.

Respondent: Another word for defendant; the person responding to a lawsuit. In Juvenile court, the
word refers to the person or persons named in a petition. When used in Practice Book Sec. 2-29
through 2-62 the word "respondent" shall mean the attorney against whom a grievance complaint or
presentment has been filed or a person who is alleged to have been engaged in the unauthorized
practice of law pursuant to General Statutes § 51-88."

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. Generally making good, or giving the equivalent for any loss, damage or injury
caused by a persons actions. Often a condition of probation.

Restraining Order: A civil court order to protect a family or household member from physical abuse.

Return Date: The date on which the 90-day waiting period for a divorce begins. Also, the date that
starts the countdown for things taking place in a case, including the deadlines for filing certain papers,

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including the date by which the defendant should file an appearance. Nothing happens in court on the
return date and no one needs to go to court on the return date. The return date is always a Tuesday
in civil and family cases. In summary process (eviction) cases, the return date is any week day,
Monday through Saturday, except a holiday, usually 7 to 10 days from the date the clerk signs the
summons if the summons is signed by the clerk

Revocation Hearing: A hearing held before a judge to determine whether or not a person has
violated the conditions of probation. If there is a finding that a violation has occurred, the judge may
impose all or part of the original sentence.

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.

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S
Seal: A court order closing a case file from public review, usually in cases of youthful offenders and
acquittal. Prevents the public from obtaining information on the cases.

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. Sentences
can be: Concurrent - Multiple sentences will be served at the same time (i.e., sentences of 10 years,
8 years and 2 years - to be served concurrently - equal a total effective sentence of 10 years.)
Consecutive - The sentences are served back-to-back. 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 reduce
the sentence at any time during the sentence. The judge conducts a hearing. If the original sentence
was more than three years, the prosecutor must agree.

Sentence Review: A defendant’s written application to a three judge panel to review the sentence.
Must be filed within 30 days after being sentenced with the court clerk. A review decision 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 Connecticut General Statutes,
which are crimes against persons, serious property crimes and certain drug offenses. A juvenile
charged with a Serious Juvenile Offense by police may be admitted to a Juvenile Detention Center
with a prior court order and may be released only by order of a judge of the Superior Court.

Service: The legal method for giving a copy of the court papers being filed to other parties in a case.

Short Calendar: A list of cases in which hearing by the judge or magistrate is requested or required.

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Slip Opinions: Opinions, or written decisions, of the Supreme Court or the Appellate Court that are
publicly released prior to their official publication in the Connecticut Law Journal.

Small Claims: Civil actions to recover damages, or money, up to $5000.The rules of evidence are
relaxed and people often represent themselves instead of hiring an attorney.

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. For example: Drug Session; Tax Session;
Community Court.

State Referee: A retired judge who presides over cases referred by the court with agreement of
counsel for both parties. Has full powers of an active trial judge.

States Attorney: An attorney who represents the state in criminal cases. The prosecutor.

Statute: A law enacted by a legislative body.

Statute of Limitations: A certain time allowed by law for starting a case. For example, six years in a
contract case.

Stay: Temporarily stopping a judicial proceeding.

Stipulation: Also called a "stip." A written agreement by the parties or their attorneys.

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.

Substance Abuse Education: A community based program for drug offenders that provides
education about the harmful effects of drug abuse and also 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 legal paper that is used to start a civil case and get jurisdiction over a party.

Summons (Juvenile): A written notice issued by the court commanding a person to appear in a court
at a given date and time. A summons is issued to an individual charged or other party on a petition or
complaint.

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.

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T
Testimony: Statements made by a witness or party under oath.

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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: Legal recognition of the ownership of property, usually proven by a document.

Tort: A civil injury or wrong to someone else, or their property.

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.

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.

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U
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.

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V
Vacate: To cancel or rescind a court order.

Venue: The court location.

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: A court order deciding the amount of time a non-custodial parent may spend with his or
her child, also called parenting time or access.

Violation: An offense for which the only sentence authorized is a fine.

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Violation of Probation: Action or inaction that disobeys a condition of probation.

Voir Dire: "To speak the truth." The process of questioning prospective jurors or witnesses about
their qualifications.

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W
Wage Execution: The process of deducting money from wages to pay a judgment. Also called a
garnishment or attachment.

Wage Withholding: A court order to deduct child support or alimony payments from someone’s
wages. All child support court orders must include an income withholding order unless both parents
ask the judge not to.

Witness: A person who testifies to what they saw, heard, observed or did.

Writ: Legal paper filed to start various types of civil lawsuits.

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Y
Youth: Any person sixteen (16) to eighteen (18) years of age.

Youthful Offender: The legal status of persons who have been arrested for a crime committed when
they were between the ages of 16 and 18 and who meet other requirements. All 16- and 17- year-old
defendants are treated as youthful offenders, except those who have been charged with certain
felonies, have already been convicted of a felony on the adult docket, or have been adjudicated as a
serious juvenile offender. For defendants treated as Youthful Offenders, the information and
proceedings are confidential and do not become a part of the person’s criminal record.

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