Search Glossary

In a California criminal case, a request to cancel, modify, change or terminate probation.

In a California criminal case, a request to take back guilty plea or set aside a guilty verdict, and dismiss the accusations or information. (Made after probation has either terminated or defendant was discharged from probation prior to termination.)

In a California civil case, a request to disqualify the assigned judge from hearing a matter.

In a California criminal case, a request made by a defendant to dismiss a count against them.

When a parent leaves a child without enough care, supervision, support, or parental contact for an excessive period of time.

To put an end to; to cancel out.

Short form of the case.

Summary of the court’s final decision. Can be used as a lien if you file it with the county recorder.

A summary of what a court or government agency does. In Traffic, document that is sent to the Department of Motor Vehicles (DMV) to update driving record.

To repeal or cancel an old law using another law or constitutional power.

Agreement by the parties to settle a claim or dispute in which the parties typically agree to give or accept something.

A satisfaction agreed upon between the parties in a lawsuit, which prevents further actions after the claim.

A person that helps someone else commit a crime. Can be on purpose or not.

A person who helps someone else commit a crime, either before or after the crime.

Misuse of the power of the court.

1. When a legal cause of action or legal claim comes into existence, and the statute of limitations begins to run.
2. The total amount of child support payments that are owed or that are late.

A formal charge against a person.

Saying, testifying, or assuring that something is true.

To find a defendant not guilty in a criminal trial.

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

A thing added or to be added.

Comes from Latin meaning for the “purposes of the lawsuit.” For example, a guardian ad litem is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.

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

A case that is in court but is not settled or decided has active status. (See DISPOSITION, PENDING.)

Proceeding “against the thing” as compared to personal actions (in personam). Usually a proceeding where property is involved.

Proceeding against the person for the recovery of a specific object, usually an item of personal property such as an automobile.

The procedures used by government agencies to create and enforce its rules and regulations

(1) to manage; (2) taking a drug by injection, inhalation, ingestion, or any other means, to the body for that person’s immediate needs.

When a judge hears and decides a case.

To put off a court hearing until another time or place.

Contract where one party has no real choice as to its terms.

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

A review of the welfare of a child in long-term foster care by a panel of people selected by the state Department of Health & Human Services (DHHS). The review is conducted at least once a year, in place of a 6-month placement hearing by the Court. The panel reviews a report from DHHS. The review is open to the parents of the child, parents’ attorney and child’s attorney.

1. Person who represents the estate of a person who dies without a will. 2. A court official.

Evidence that is legally allowed to be presented in court

Evidence that can be legally and properly be used in court.

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

Warnings the judge giver jurors about what they must do and how they must behave, what evidence they can use to make their decision (called “admissible” evidence), and how they can use that evidence to make a decision.

A person called to testify for the other side.

A person who makes and signs an affidavit.

In their answer to a civil lawsuit, a defendant may raise facts or legal grounds that excuse or justify the behavior on which the lawsuit is based. This is called an affirmative defense.

In appellate courts, it means that the decision of the trial court is correct.

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

An assumed or additional name that a person sometimes uses. A person who uses an alias may be listed by their true name, followed by “also known as” (or “A.K.A”) their alias (“Mary Smith a.k.a. Jane Jones”).

Someone who has criminal intent and assists another to commit a crime.

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

The total length of imprisonment

Circumstances that may be considered as magnifying, or adding to, the degree of punishment.

Someone who has authority to act for another.

Adding, erasing, or changing a document with the specific intent to cause it to appear different from what was originally intended, in order to cheat another person.

A man who may be the father of the child.

A defense claim that the accused was somewhere else at the time a crime was committed.

A case summary or commentary on the law cases, statutes, and rules.

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

A change made by correction, addition, or deletion.

To add to or change a claim that has been filed in court.

Methods of resolving disputes without official court proceedings. Common methods include mediation and arbitration. Also called “ADR.”

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

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

Child support that is overdue or unpaid.

Criminal procedure where the accused is brought before the court to hear the criminal charge(s) against them, and to plead guilty, not guilty or no contest.

An alternative dispute resolution method. a neutral third party looks at the evidence, hears the arguments, and makes a decision.

A person that answers an appeal in higher court.

A court that can review how the law was used to decide a case in a lower court.

A person or business that is put in the place of the original creditor, such as a collection agency. You can assign your JUDGMENT to another person or business.

1. When the court uses a calendar to give (or “assign”) cases to judges. 2. When lawyers when lawyers are chosen (or “appointed”) to represent juveniles, conservatees or defendants; 3. When a creditor transfers the right to collect a debt to another person or company for collection.

When a person who gets public assistance agrees to give the state any child support they get in the future to reimburse the government for the cost of that public assistance.

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

The lawyer whose name is listed in a case record as representing someone in the case.

To witness, to affirm to be true or genuine, to certify.

A legal paper filed in a civil case that says the case is ready to go to trial.

A defense to a lawsuit for personal injury. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury.

Generally implies actual or constructive fraud, or a design to mislead or deceive another.

To give authority or legal authenticity to a statute, record, or other written document.

When records or accounts are looked at to check that they are right and complete.

A private person (who is not necessarily a lawyer) authorized by someone to act in his or her place, either for some particular purpose, or for the transaction of business in general. This authority must be given in writing, called a POWER OF ATTORNEY.

An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.

Book of Approved Jury Instructions – Unofficial source of jury instructions in civil cases. Litigants may choose to use these in most cases.

Person who is in charge of security in the court. Bailiffs are picked by sheriffs.

A hearing established to re-evaluate the bail amount that was originally set for the accused.

When you get your bail back. or when a bail bondsman or insurance (“surety”) company isn’t responsible for your bail anymore.

Person who is responsible for paying the bond for the defendant’s release from jail.

A legal paper that you buy from a bondsman and give to the court instead of bail. The defendant signs it and is let go. But if they don’t come to court when they’re supposed to, they must pay the amount of money on the bail bond.

A motion for psychiatric examination of prosecutor’s witnesses (victims) in a criminal case.

Way to enforce a money judgment. The money is taken from their checking or savings account at a bank, savings and loan, or credit union.

Trial without a jury. The judge decides the case.

A meeting either on or off the record at the judge’s bench between the judge, counsel, and sometimes the defendant, out of the hearing of the jury.

A request in a criminal case to exclude any reference of the defendant’s prior conviction to the jury.

An offensive touching or use of force on a spouse without the spouse’s consent. Also called “domestic battery” and “spousal assault”; a misdemeanor under California Penal Code 243(e)(1). See BATTERY.

A term of imprisonment selected by the court according to the Determinate Sentencing Law.

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

The best evidence available. for example, an original document is “best evidence,” and a photocopy of the document is “secondary evidence.”

What you leave someone in a will.

To leave someone something in a will.

A beneficiary is any person who receives property left to them by another individual.

An order given by the judge (or “bench”) to arrest a person who didn’t do what the court ordered. for example, didn’t go to court when they were supposed to. (See WARRANT, WRIT).

To try issues separately, such as guilt and criminal responsibility in a criminal proceeding or liability and damages in a civil action.

A request to hold a trial on some issues in a case while postponing other issues for a later trial.

A statement of the details of the charge made against the defendant.

To make yourself or someone else legally responsible for something.