Search Glossary

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

Volunteers appointed by the court to advocate for the best interest of a child who is the subject of a court proceeding due to abuse or neglect, or the agency that oversees the program. Usually called “CASA.”

A trial without a jury. a judge decides the case.

Someone who writes down, word for word, what is said in court. What is recorded is called a transcript.

A decision made by a judicial officer that gives someone certain rights or requires a party to take a specific action.

The expenses of prosecuting or defending a lawsuit, other than the attorneys’ fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.

Provide courtroom support in selected courtrooms by performing limited security-related and clerical duties and serving as the court liaison for juries, witnesses, attorneys and the public.

The quality in a witness which makes his or her testimony believable.

Courtroom personnel who attends court sessions and prepares record of court proceedings in conformance with statutes, policies, and the direction of a Judge; swears in witnesses and juries; maintains exhibits offered in evidence.

A specialized court that hears crimes dealing with traffic offenses.

A specialized court that deals with cases during the late evening and early morning hours.

A defense used in a criminal matter, in which the defendant claims that they either 1. Didn’t understand the nature of their criminal act; or 2. Did not understand that they did was morally wrong.

Act(s) which are aggravated, reckless or flagrant and which depart from the conduct of an ordinarily prudent, careful person under the same circumstances as to be contrary to a proper regard for human life or to constitute an indifference to the consequences of those acts.

Sentences for two or more crimes to run a consecutively (one after the other), rather than concurrently (at the same time). For example, if you have cumulative sentences of 10 years and 5 years, you must serve a total of 15 years. Also called consecutive sentences.

When the other side’s lawyer asks a witness questions in a hearing or trial.

California law: A claim filed by a defendant against the plaintiff, a co-defendant, or a nonparty. In order to include a co-defendant or nonparty, the claim must arise out of the same event or transaction as the original complaint.

An order commanding an accused to appear in court.

An ongoing organization, association, or group of three or more persons, having as one of its primary activities the commission of one or more criminal acts, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

The parent that has primary care, custody, and control of the child(ren).

A court order that says who a child will live with and who should make decisions about health care, education, and other important things.

A person the court determines as taken, on a day-to-day basis, the role of parent, fulfilling both the child’s physical and psychological needs for care and affection, and who has assumed that role for a substantial period.”

A person who has died.

Death imposed by the state as punishment for a serious crime. Also called CAPITAL PUNISHMENT.

Any weapon, instrument or object that is capable of being used to inflict death or great bodily injury.

Starting a case all over again as if it had not been heard before. In Latin, novo means “new.”

A judgment of the court that explains what the existing law is or expresses the opinion of the court without the need for enforcement.

Parentage Opportunity Program (POP) Form. Form signed by unmarried parents, generally at the hospital, where the parents declare who is the father of the child.

A court’s judgment or decree that settles a dispute. (See also DECREE, JUDGMENT.)

A court decision. It can be (1) “interlocutory,” which means it is not a final decision, or (2) “final,” which means all issues of the case are settled.

False statements that harm another person’s character, fame, or reputation.

When a defendant in a civil case doesn’t file an answer or go to court when they’re supposed to, but was properly notified.

A court decision in favor of the plaintiff when the defendant doesn’t answer or go to court when they’re supposed to.

A legal objection to the sufficiency of a complaint.

Antisocial behavior by a minor; especially behavior that would be criminally punishable if the minor were an adult, but instead is usually punished by special laws pertaining only to minors.

The division of the Juvenile Court hearing cases where juveniles have been charged with committing a crime.

When a jury, for either a civil or criminal case, goes into the jury room to discuss the evidence and testimony and reach a verdict.

The court transfer of legal custody of a person from parents or legal guardian to another person, agency, or institution. It may be temporary or permanent.

Written or oral testimony given under oath in front of an authorized third person like a court reporter. Depositions take place outside of the court. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the “deponent.”

The act of removing a person to another country. The order issued by an immigration judge, expelling an illegal resident from the United States. a deportation has certain consequences regarding the number of years within which a deportee may not legally immigrate. There are also criminal consequences for reentry within a prescribed time period.

In family law, this usually means a child that is financially supported by another person. In juvenile law, this means a minor that is in the custody of the court because they were abused or neglected, or because they are physically dangerous to the public.

The division of the Juvenile Court hearing cases of child abuse and neglect.

A hearing to determine if there is sufficient evidence to sustain a juvenile court petition.

A jail or prison sentence that has a definite length and can’t be reviewed or changed by a parole board or any other agency. The judge has little discretion in sentencing and must follow the sentence guidelines determined by the law.

An act which confers particular privileges on a class arbitrarily selected.

A motion to have evidence disclosed to the moving party.

An attorney who is disbarred has been disciplined by losing (often permanently) of their right to practice law. Disbarment differs from censure (an official reprimand or condemnation) and from suspension (a temporary loss of the right to practice law).

An instruction by the judge to the jury to return a specific verdict after the judge finds the evidence can only support one outcome as a matter of law.

When a witness testifies and answers questions asked by the party that asked them to testify. (Compare CROSS-EXAMINATION.)

When a court dismisses a case and will not allow any other suit to be filed on the same claim in the future.

When a court dismisses a case, but will allow other suits to be filed on the same claim.

a noticable difference in the quantity or quality between two things.

The final decision by the court in a case.

Conduct which tends to annoy all citizens, including unnecessary and distracting noisemaking.

A lawyer appointed or elected to represent the state in criminal cases in his or her respective judicial districts. (See PROSECUTOR.)

The term used for a divorce case in California law. The act of terminating a marriage. Does not include annulment.

To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

Instead of going to jail, a defendant goes to a rehabilitation program and is supervised by a probation officer. When the defendant finishes the program, the charges are dismissed and the defendant is not sentenced.

A record with the complete history of each case a court hears. It contains short chronological summaries of the court proceedings.

The constitutional prohibition under the Fifth Amendment against a person being put on trial more than once for the same offense.

The place where a person has their permanent legal home. A person may have several residences, but only one domicile.

An assault committed where the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.

Used in law courts, legal papers, etc., to refer to any person whose name is unknown (e.g., Jane Doe). Used as a placeholder for a defendant the plaintiff hopes to identify later.

Identification number that the court clerk’s office gives a case. This number is on all papers filed in the case. Also called CASE NUMBER.

Use of an electronic device to keep an eye on where a sentenced person is in the community and to restrict his or her activities, instead of putting the person in jail.

A motion in a criminal case to require prosecution to disclose the whereabouts of an informant or show that reasonable effort has been made to locate him.

A right of use over the property of another.

Consists in any illegal imprisonment or threats of bodily harm in order to coerce the will of another and inducing him to do an act contrary to his free will.

The regular way that the law is administered through the courts. The U.S. Constitution says that everyone has to have a day in court, has the right to be represented by a lawyer, and the right to benefit from court procedures that are speedy, fair, and impartial.

Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. The elements that must be proven are 1) that a crime has actually occurred, 2) that the accused intended the crime to happen, and 3) a timely relationship between the first two factors.

A legal way for children to become adults before they are 18. Once a child is emancipated, his or her parents don’t have custody or control of him or her anymore.

The right of the state to take private property for public use after giving fair compensation to the owner.

Court sessions where all the judges of a court participate, instead of the usual number. for example, the U.S. circuit courts of appeals usually use panels of three judges, but all the judges in the court may decide certain matters together. When that happens, they are sitting “en banc” (sometimes spelled “in banc”). It comes from the French language and means “on the bench.”

To sign your name on a document to authorize its contents or transfer (as in a check that is endorsed to transfer money).

The clerk’s record that the defendant has defaulted by not answering a civil case, or not answering on time. The plaintiff must request that the clerk enter the default; it is not automatic.

When a court issues an order requiring a person to stop some action.

An allegation added to a basic charge which, if proven, increases the basic sentence. Example: “use of a gun in the commission of a crime” may be added to the felony charge.

Copies of court papers that are stamped in the top right corner to show when they are filed. (Compare with CERTIFIED COPY.)

The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.

A system of law that supplements the statutory and case law and is based on principles of what is “fair and right.”

Petition filed in trial court seeking relief from conviction based on new facts.

Petition filed in appellate court seeking relief from conviction based on new facts.

Property the probate court does not handle after a death. For example, property in a trust or joint tenancy real estate are part of the nonprobate estate of a person who has died.

Generally, a tax on the privilege of transferring property to others after a person’s death. In addition to federal estate taxes, many states have their own estate taxes (California does not). Federal estate tax only applies to very large estates (more than $12.93 million as of 2023).

Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

The process by which a deceased person’s property goes to the state if there is no will or no heirs.

All the assets in an estate that are subject to probate. This may not include all property. For example, property in a trust or joint tenancy is not part of the probate estate.

The property subject to federal estate tax when a person dies. Estate tax applies only to people with very sizable estates (more than $12.92 million as of 2023).

Property in a trust at the time of the owner’s death. A trustee controls the trust property and must distribute the assets following the trust instructions.

An act or statement that prevents a person from later making claims to the contrary.

In Latin, this means “and others.” Refers to parties not included in the formal name of a court case.

Evidence in form of a witness’s testimony, who actually saw, heard, or touched the subject in question.

Conclusion drawn from proven facts, but not from a witness’s testimony about their direct knowledge or observation.

Any proof legally presented at trial through witnesses, records, and/or exhibits.

An abbreviation for et sequentes, or et sequentia. Latin meaning “and the following,” ordinarily used in referring to a section of statutes.

A court procedure in which the party requesting an order does not have to give the other side notice, or can give very short notice. Used for emergencies or very routine requests only.

An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order.

The rule preventing illegally obtained evidence to be used in any trial.

Evidence which tends to indicate that a defendant did not commit the alleged crime.

(1) To carry out all terms of a contract or court order; (2) to sign (a document); (3) to kill.

The name of a court order issued to a sheriff, marshal, or constable authorizing and requiring him to carry out the judgment of the court.