Search Glossary

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

Sincere, real without fraud or deceit. Comes from the Latin “in good faith.”

Procedures performed after an arrest, includes taking fingerprints, photographs, and writing down personal information about the person.

A motion made by defense in a criminal case when they believe the District Attorney has not turned over exculpatory and material evidence.

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

The legal standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. In criminal cases, this standard is “Beyond a reasonable doubt. ” In civil cases, the standard may be “Clear and convincing evidence” or “preponderance of the evidence.”

California Jury Instructions, Criminal – unofficial instructions for the jury in criminal cases. Optional.

The rules for practices and procedures in California’s state courts.

Judicial Council of California California Criminal Jury Instructions – official instructions for the jury in criminal cases. Optional.

Judicial Council of California California Civil Jury Instructions – official instructions for the jury in civil cases. Optional

A chance onlooker; one who has no concern with the business being conducted.

Death penalty

A crime punishable by death; also called CAPITAL OFFENSE.

A criminal case where the defendant can get the death penalty.

The folder that has official court papers for a case.

Prior decisions made courts in similar cases.

Identification number given to case by the court. This number should appear on all papers filed in the case.

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

An order of an administrative agency or court prohibiting a person or business from doing something.

A warning; a note of caution.

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

A cause of action is a legal theory that is the basis for your lawsuit.

A request to have a potential juror dismissed because there is reason or cause to believe that the juror could could not be fair or unbiased.

A method to track the whereabouts of evidence from the moment it is received in custody until it is offered in court.

Appeal to U.S. Supreme Court.

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

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

A judge’s private office.

When a civil or criminal case is moved from one court jurisdiction to another.

Evidence pertaining to whether a criminal defendant is a good or bad person.

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

The judge’s instructions to the jury concerning the law that applies to the facts of the case on trial.

All evidence that is indirect. Testimony not based on actual personal knowledge or observation of the facts in dispute.

A non-criminal case in which one private individual or business sues another to protect, enforce private or civil rights.

The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Court papers that tell the people in a civil case that it has started. Usually includes a SUMMONS and COMPLAINT.

Violations of the personal, natural rights guaranteed and protected by the Constitution.

Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. It may take the form of commutation or pardon.

Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.

A lawsuit brought by one or more persons on behalf of a larger group.

When you split up a civil claim and file two lawsuits to stay below the limit of how much money you can ask for. This is not permitted in most cases.

A court paper filed by the JUDGMENT DEBTOR that lists each piece of property that the judgment debtor claims is an exempt asset under certain provisions of the law and, therefore, can’t be taken to pay the JUDGMENT.

An unintentional mistake, in writing, which may be made by clerk, counsel, or court. (See NUNC PRO TUNC.)

The Clerk’s Transcript is a compilation of documents filed in the court. The The Clerk’s Transcript is generally prepared at the request on an appellant, and is lodged with the appellate court.

In a criminal case, an individual charged with involvement in the same crime as another.

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

Counsel’s final statement to the judge/and or jury after all parties have concluded their presentation of evidence.

Counsel’s final statement to the judge/and or jury after all parties have concluded their presentation of evidence.

A person chosen by the court and given the power to hear and make decisions in certain kinds of legal matters.

An attack on a judgment other than a direct appeal to a higher court.

1. Property that is pledged as security against a debt. 2. a person belonging to the same ancestry (a relation), but not in a direct line of descent.

Compulsion; constraint; compelling by force or arms or threat.

A legal paper that adds to or changes a will.

The reduction of a sentence, such as from death to life imprisonment.

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

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

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

Laws that come from court decisions and not from statutes (“codes”) or constitutions.

1. The action of sending a person to a prison or mental institution. 2. The order directing an officer to take a person to a prison or mental institution (COMMITMENT ORDER).

Percentage of fault which is assigned to any one party.

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

Money that one person must pay another to cover the cost of a wrong or injury.

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

The territory of two or more courts, that are each authorized to deal with the same subject matter.

The legal document that usually begins a civil lawsuit. The complaint describes what the plaintiff thinks the defendant did, and asks the court for help. Also called the “initial pleading” or “petition.”

The ability for a person to understand and communicate, especially with regard to standing trial and assisting counsel in his or her defense.

The legal process by which the government takes private land for public use, paying the owners a fair price.

Freedom from custody which regulates the activities and associations of a criminal defendant. If a defendant fails to meet the conditions, the release is cancelled.

A kind of punishment-enhancing allegation (such as the arming clause of Penal Code section 12022) that relates to the nature of the offense at the time the crime was committed.

A written statement by a debtor that permits judgment to be entered against them by their creditor, without legal proceedings.

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

An exact copy of a document filed with a court. To conform a copy, the court clerk will stamp the document with the filing date and add any handwritten notations to the document that exist on the original, including dates and the judge’s signature. A conformed copy may or may not be certified.

When you have two different interests at the same time. for example, a lawyer who represents two sides at the same time can’t be fair.

To seize or take private property

Information in a court case that is not available to the public.

A file or record that is not available for public viewing. Authorized viewing allowed only in statute and/or court policy. Files and records are identified and receive special handling.

Someone appointed by the court to either take care of an adult who can’t care for themselves (called a “conservatee”) or take care of that person’s property , or both.

An adult who can’t care for themselves and has a caretaker (called the “conservator”) who was appointed by the court.

A court proceeding where a judge picks someone (a conservator) to take care of an adult’s personal needs and/or his or her finances. For minors, see GUARDIANSHIP.

Consideration is the benefit that each party gets or expects to get from a contract.

When at least two cases that involve the same people are grouped together.

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

A right guaranteed by the U. S. Constitution, interpreted by the federal courts; also, a right guaranteed by some other constitution (such as a state constitution).

Having legal possession of an item, even if the object isn’t in a person’s direct physical control. for example, if the police find a firearm in the trunk of your car, you may have constructive possession of the gun, even though it is not in your hand.

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

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

Putting off a court case to a later date.

Disobeying a court order. Punishment can be a fine or jail.

Someone who has committed contempt of court. Contempt is the disobedience of a court order.

(1) to give the title to property to someone else. (2) to make known or communicate.

The wrongful assumption of ownership over the goods or personal property belonging to another.

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

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

A group of persons who get a charter granting them as a body certain legal powers, rights, privileges, and liabilities as an individual.

Body of the crime. The objective proof that a crime has been committed. It sometimes refers to the body of the victim of a homicide or to the charred remains of a burned house, but the term has a broader meaning. for the state to introduce a confession or to convict the accused, it must prove the occurrence of a specific injury or loss and a criminal act was the source of that particular injury or loss.

To support with evidence or authority; make more certain.

One or more lawyers who represent a client.

Dishonestly.

Confirmation or support of a witness’ statement or other fact.

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