Search Glossary

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

The matter can only be filed in one court.

Person or company named in a will to carry out the will’s instructions and requests. The executor is usually supervised by the probate court.

Money awarded to the plaintiff that exceed the normal or expected amount. Paying this money serve as punishment for willful or malicious acts by the defendant, rather than act of negligence.

To clear of blame or to relieve from responsibility.

Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject.

A court order, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto.

Bringing a person that is in custody in one state to the authorities of another state where that person has been accused or convicted of a crime.

Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

In criminal matters, the process of reopening a criminal case, dismissing the conviction, and then closing the case. Dismissal does not eliminate all possible adverse consequences or release a person from all “penalties and disabilities” resulting from the charges in the case.

A witness with the knowledge, skill, experience, training or education to provide a scientific, technical or specialized opinion on the subject about which they testify. That knowledge must not be generally possessed by the average person.

The act of not following an order that is directed by the court.

The act of not appearing in court after being presented with a subpoena or summons.

No reasonable cause exists to believe the person arrested committed the offense.

A hearing in which certain rights are respected such as the right to present evidence, to cross examine and to have findings supported by evidence.

The cash value price that the property would have brought at the time it was taken.

Representation of some fact or circumstance which is not true and is calculated to mislead, by which a person obtains another’s money or goods.

Any unlawful physical restraint of another’s personal liberty, whether or not carried out by a peace officer.

Land owned in fee simple is owned completely, without any limitations or conditions.

Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be forced to present selfincriminating testimony in a criminal proceeding.

A method of determining whether a person is intoxicated using a motor skills test which is administered by testing the driver’s speaking ability and/or physical coordination.

A person that acts for another person’s benefit, like a trustee or guardian. It also means something that is based on a trust or confidence. (See also TRUSTEE.)

A murder committed during the commission of a felony such as robbery, burglary, or kidnapping.

A serious crime that can be punished by more than one year in prison or by death. (Compare INFRACTION, MISDEMEANOR).

The initial appearance of an arrested person before a judge to determine whether there is probable cause for his or her arrest. Generally, the person comes before a judge within hours of the arrest, and are informed of the charges against him or her and of his or her rights to a preliminary hearing, to counsel, and to bail. No plea is asked for at this time.

An oral or written statement by a judge after a review of the evidence stating that the facts given are found to be true.

A court hearing to decide if a juvenile (minor) should be tried as an adult.

A forcible entry occurs if the landlord violently breaks into the rental property or removes the tenant in possession by violence or threats. A forcible detainer occurs if a person (trespasser, tenant, or landlord) unlawfully holds possession of any real property through violence or threats, or unlawfully enters a rental unit at nighttime or during the occupant’s absence and refuses to surrender for five days after a demand to return possession. The wronged party can sue to be restored possession and/or for damages.

A program that gives money to a person, family, or institution to raise someone else’s child.

A doctrine patterned upon the right of the court in the exercise of its equitable powers to refuse the imposition upon its jurisdiction of the trial of cases even through the venue is properly laid if it appears that for the convenience of litigants and witnesses and in the interest of justice the action should be instituted in another forum where the action might have been brought.

Court-ordered terms and conditions placed upon a defendant instead of a sentence. Formal probation involves supervision of the defendant by a probation officer. Summary probation involves no probation officer; the defendant is responsible directly to the court.

When a person must give up money or property because he or she didn’t meet a legal obligation.

In a trial, a foundation must be laid to establish the basis for the admissibility of certain types of evidence. for example, an expert witnesses’s qualifications must be shown before expert testimony will be admissible.

Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate DUE PROCESS.

Orders restraining parties and counsel to a criminal proceeding from talking about the case to the press or public.

To withhold a debtor’s money, and turn it over to another in order to pay a debt. Typically, the one withholding the money is the debtor’s employer.

n California, there is no duty to rescue or assist someone in an emergency situation. You cannot be held liable in civil or criminal court for failing to assist. If you do assist, you cannot be held civilly or criminally liable for any harm you cause, as long as you acted in good faith and did not expect compensation in return.

An honest belief, the absence of malice, and the absence of design to defraud.

A good reason. for example, a person must have good cause (better than not having a car or a baby-sitter ) for not coming to a court hearing.

The voluntary transfer, by a debtor, of all property to a trustee for the benefit of all of his or her creditors.

A legal process that allows part of a person’s wages or property to be withheld for payment of a debt.

A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative. In Juvenile Dependency cases, once a guardian is appointed, dependency may be terminated.

A negligent act(s) which is reckless or flagrant and which is such a departure from conduct of an ordinary, prudent person under the same circumstances as to be contrary to a proper regard for human life or to constitute indifference to the consequences of those acts. The facts must be such that the consequences of the negligent act(s) could reasonably have been foreseen and it must appear that the death/danger to human life was not the result of inattention or mistaken judgment, but the natural and probable result of reckless or flagrantly negligent act.

1. The person who is transferring real estate by signing a deed to the new owner (the grantee). 2. A person who sets up a trust; also called TRUSTOR or SETTLOR.

A group of 16 to 23 citizens that listen to the prosecutor’s evidence of criminal allegations and decide whether there is probable cause to believe a person committed a crime and to charge them with that crime.

A reduction in sentenced time in custody as a reward for good behavior. It usually is one third to one half off the maximum sentence.

When a person admits in court that he or she is guilty of a crime.

A full, new hearing.

A formal court proceeding with the judge and opposing sides present, but no jury.

A “Harvey waiver” is when a defendant agrees that any dismissed charges can be considered against them during the sentencing, particularly in calculating restitution.

An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.

The name of a writ used to bring a person before a court or judge to decide whether that person is being unlawfully denied his or her freedom. The term comes from Latin.

A hearing held for the purpose of deciding issues or fact of law that both parties are disputing.

Statements by a witness who did not see or hear the incident in question, but heard about it from someone else. Hearsay usually can’t be used as evidence in court.

A person that has the right to inherit money or property from someone who dies without a will.

Crime in which the driver of a vehicle leaves the scene of an accident without identifying himself or herself.

A request to exclude evidence in a criminal case.

A witness whose testimony is not favorable to the party who calls him or her as a witness. May be asked leading questions and may be cross-examined by the party who calls him or her to the stand.

Temporary house arrest for a minor while awaiting the court’s final decision. Also used as punishment after the court’s final decision.

An alternative to imprisonment where an individual is confined to his or her home and monitored electronically.

A handwritten will. The court needs to see proof of the person’s handwriting. No one has to witness or notarize a handwritten will.

A temporary location inside a courthouse where prisoners are held before and after their court appearance.

A jury whose members cannot agree upon a verdict.

An imaginary situation, using facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation.

Certain, immediate, and impending danger.

A right to be excepted from duty or penalty. (See also PRIVILEGE.)

A hearing held in the judge’s chambers or in a court with all spectators (including the jury) excluded. From the Latin that means “in chamber.”

To take and keep an animal or an object in custody.

A contract in which the promise made by on party is not expressed, but inferred by that party’s conduct or is implied in law.

To call into question the truthfulness of a witness.

To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impaneled. The jurors are sworn in and the trial is ready to proceed.

Liability for loss is shifted from one person held legally responsible to another.

Lack of capacity to understand the nature and object of the proceedings, to consult with counsel, and to assist in preparing a defense.

Cannot be admitted as evidence in a trial or hearing.

Latin meaning “in the place of the parent.” Refers to actions of a custodian, guardian, or other person acting in the parent’s place.

When the court says a person does not have to pay a filing fee because the person can’t afford it. In Latin, means “in the manner of a pauper.”

A person who is poor, needy, and has no one to look to for support.

A formal charge by a grand jury saying there is enough evidence that the defendant committed the crime to justify having a trial. Used primarily for felonies.

Federal law to protect the integrity of Native American families. Also called ICWA.

A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.

A special kind of EXECUTOR or PERSONAL REPRESENTATIVE with the authority to administer most matters regarding the estate without court supervision.

An obligation to provide compensation (usually money) for a loss, hurt or damage.

Customized educational plan for a student who is entitled to special education services. Also known as an IEP. Sometimes called Individual Education Plan.

That which is written on the back of a negotiable instrument (Uniform Commercial Code section 3-204). It is also used with reference to writs, insurance policies, certificates of stocks, etc.

An undisclosed person who confidentially discloses material information of a crime to the police, which is usually done in exchange for a reward or special treatment.

A state tax on property that an heir or beneficiary under a will receives from a deceased person’s estate. The heir or beneficiary pays this tax.

A structure which is currently used as a residence whether occupied or not. Courts flexibly interpret this term. It is still inhabited even if the occupants are temporarily absent.

A property is “inhabited” when it is currently used as a residence, even if temporarily unoccupied.

A minor violation of a law, contract, or right that is not a misdemeanor or a felony and can’t be punished by time in prison. Minor traffic offenses are generally considered infractions.

A court order that says a defendant can’t perform, or must perform, a specific act. (See RESTRAINING ORDER.)

A person confined to a prison, penitentiary, or jail.

A belief in the American legal system which states that all people accused of a criminal act are considered not to have committed the crime until the evidence leaves no doubt in the mind of the court or the jury that the accused did or did not commit the crime.

A claim by a defendant that he or she lacks the soundness of mind required by law to accept responsibility for a criminal act.

When two or more people say they have a claim to the same thing held by a third party. The third party may force them to go to trial with each other to settle their dispute.

An interim or temporary order or judgment. An interlocutory appeal concerns only a part of the issues raised in a lawsuit. (Compare to DECREE.)

A trust made while the owner is still alive. Another name for a living trust.

A gift made during the giver’s life.

Among other things.

Property that does not have a physical presence. For example, stocks, bonds, bank accounts, copyrights, patents, etc.

To die without making a will or leaving instructions for disposal of your property after death.