Search Glossary

A type of formal discovery in civil cases in which one party submits written questions to the opposing party, who must respond to them in writing within 30 days. The California Judicial Council has written standardized form interrogatories, and parties can also customize their own “special interrogatories.”

The process by which the property of a person who has died without a will passes on to others according to state law.

A trust that cannot be changed or cancelled after it is made.

A motion in a criminal case to discuss grand jury indictment.

Generally, a bringing or joining together. for example, plaintiff’s joining in a suit, or a joining of actions or defense.

A legal doctrine that makes each of the parties who are responsible for an injury liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.

A court’s recognition of the truth of basic facts without formal evidence.

The person who loses the case and owes money.

The person who wins the case and is owed money.

The judge’s final decision in a case. It says how much the person who lost has to pay the person who won, and when. Sometimes, you can change part of the judgment with a hearing.

An association of persons jointly undertaking some commercial enterprise. Unlike a partnership, a joint venture does not entail a continuing relationship among the parties.

A way for multiple people to hold title to real estate and have rights of survivorship. This means that if one tenant dies, their share goes to the other owners (“joint tenants”) instead of to the deceased owner’s heirs.

A hearing at which the court determines whether the child falls within the jurisdiction of the juvenile court.

Certificate of officer or person before whom writing was sworn to. The clause written at the foot of an affidavit, stating where, when, and before whom the affidavit was sworn.

The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.

Judges, referees, and commissioners who make court decisions as a judge.

Additional juror impaneled in case of sickness or disability of a juror. Alternate jurors hear the evidence just as the other jurors do, but they don’t participate in the deliberations unless they replace an original juror.

Directions that the judge gives the jury right before they decide a case. They tell the jury what laws apply to that particular case.

A trial that is heard and decided by a jury.

Part of the Superior Court that handles delinquency and dependency cases involving minors.

A sworn peace officer with legal authorization to arrest individuals under suspicion of breaking the law.

A hearing before a judge at which time a variety of motions, pleas, sentencing, orders to show cause or procedural requests may be presented. Normally, evidence is not taken. In criminal cases, defendants must be present.

Lacking qualification, competency, power or fitness. Being incapable of giving legal consent. Lack of fundamental ability to be accountable for actions.

An officer that the court appoints to be responsible for money or property legally seized in connection with a pending case.

A procedure by which a charge(s) against a minor is transferred from a juvenile to circuit court.

Someone without legal training.

Recommendation for a sentence less than the maximum allowed.

A crime composed of some, but not all, of the elements of a greater crime; commission of the greater crime automatically includes commission of the lesser included offense.

Legal document issued by a court that shows an administrator’s legal right to take control of assets in the deceased person’s name.

A court paper that states that the conservator is authorized to act on the conservatee’s behalf. Also called “Letters.”

Legal document issued by the court that provides proof that a person has been appointed and are serving as the guardian for a minor and/or the minor’s estate.

Legal document issued by a court that shows an executor’s legal right to take control of assets in the deceased person’s name.

To obtain money by legal process through seizure and/or sale of property.

False and malicious material that is written or published that harms a person’s reputation. See DEFAMATION.

A lien gives a creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor’s property.

A type of sentence where the convicted criminal is ordered to spend the rest of his or her life in prison.

A party, or side involved in a lawsuit.

In civil cases, limited jurisdiction refers to cases where the damage sought are under $25,000.

A civil action in which recovery of less than a certain amount (as specified by statute) is sought. Simplified rules of procedure are used in such actions.

Also called a statute of limitation. The time period imposed by law to bring an action in court.

A trust set up and in effect during the lifetime of the person. Also called inter vivos trust.

A set of rules you have to follow to start a court case. Every county and court has different local rules.

The loss of companionship, moral support and/or intimacy following a wrongful injury to one’s spouse or registered domestic partner in California.between a husband and a wife.

Judicial officer with the power to issue arrest warrants.

Ill will, hatred, or hostility by one person toward another which prompts them to intentionally committing a wrongful act without a reasonable excuse.

A judicial command or order proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree. Also called WRIT OF MANDAMUS.

Violation of a professional duty to act with reasonable care and in good faith without fraud or collusion. This term is usually applied to such conduct by doctors, lawyers, or accountants.

An action with the intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

A minor who is represented by appointed counsel in a criminal case requests the Court to remove the attorney and appoint new counsel if the minor’s right to effective counsel would be substantially impaired by continuing with the original attorney.

A motion in a criminal case to exclude fraudulently obtained confessions.

That quality of evidence which tends to influence the judge and/or jury because of its logical connection with the issue.

Where a person is found to be incapable of understanding and acting with discretion in the ordinary affairs of life due to a loss of reasoning faculties.

The “guilty mind” necessary to establish criminal responsibility.

A certified, itemized statement of the amount of costs after judgment.

In criminal trial, a witness whose testimony is crucial to either the defense or prosecution.

Capacity or condition of one’s mind in terms of ability to do or not to do a certain act.

A decision “on the merits” is one that reaches the right(s) of a party, as distinguished from disposition of a case on a ground not reaching the right(s) raised in an action.

Document prepared by the clerk recording the orders of the judge.

Requirement that police tell a person who is arrested or questioned their constitutional rights before they question them. Specifically, the right to remain silent; that any statement made may be used against him or her; the right to an attorney; and if the person cannot afford an attorney, one will be appointed if he or she desires.

A crime that can be punished by up to one year in jail.

A point or question related to a legal case that usually has no practical importance or relevance to the case. a moot point is a point that can’t be resolved by the judge, is not disputed by either side, or is resolved out of court.

In many situations, the injured party has a duty to minimize their damages after injury. for example, if a tenant breaks their lease, the landlord must mitigate their damages by attempting to find a new tenant so the landlord does not miss out on rent.

Facts which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame. Also called MITIGATING FACTORS.

A trial that has been ended and declared void (of no legal effect) due to prejudicial error in the proceedings or other extraordinary circumstances.

A written motion which is usually made before or after the beginning of a jury trial for a protective order against prejudicial questions and statements. Also called LIMINE MOTION.

A request to make something null or ineffective, such as to “quash a subpoena.” Sometimes misspelled “MOTION TO SQUASH.”

A request, usually by a criminal defendant, to have a separate trial as to either jointly tried defendants or jointly charged counts.

This phrase, endorsed by a grand jury on the written indictment submitted for approval, means that the evidence was found insufficient to indict.

When someone fails to be as careful as the law requires to protect the rights and property of others.

A request made by defense counsel in a criminal case to dismiss based on a group of people being systematically discriminated against.

A request in a criminal case to suppress as evidence at trial things or statements obtained as a result of an allegedly illegal search and seizure (commonly referred to as 1538.5 PC motions.)

Language in a will that is meant to keep people from challenging the will. It says that if a person challenges the will and loses, the person gives up anything he or she would have inherited.

A civil case in which parties may resolve their dispute without a formal finding of error or fault. Frequently refers to divorce cases.

Decision by a prosecutor not to go forward with charging a crime. It translates, “I do not choose to prosecute.” Also loosely called nolle pros.

In a criminal case, a defendant who pleades “Nolo Contendre” or “No Contest” accepts conviction, but does not admit guilt. a Nolo Contendre plea has the same effect as pleading guilty, except that the plea cannot be used against the defendant in civil court. This can only be used in traffic or criminal court. From the Latin for “I do not wish to contend.”

Someone who is joined as a party in a case because the technical rules of pleading require his presence in the record.

A person authorized to certify a person’s signature, administer oaths, certify that documents are authentic, and take depositions.

A criminal case in which the allowable penalty does not include death.

Not of sound mind; insane.

A notice in writing requiring the opposite party to produce a certain described paper or document at the trial, or in the course of pre-trial discovery.

That activity which arises from unreasonable, unwarranted or unlawful use by a person of his own property, and producing such material annoyance resulting in damage.

Having no legal force, power to bind, or validity.

A legal action that says a marriage never existed and the persons are still single. (Compare DISSOLUTION.)

An act that breaks the law.

A formal protest made by a party over testimony or evidence that the other side tries to introduce in court.

When a court order is issued on one date, but is effective as of a date that is in the past. From the Latin for “now for then.”

Presentation of evidence to the court (out of the hearing of the jury) for the court’s decision of whether the evidence is admissible.

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Witnesses are normally required to confine their testimony to statements of fact and are not allowed to give their opinions in court. However, if a witness is qualified as an expert in a particular field, he or she may be allowed to state an opinion as an expert based on certain facts.

The part of the trial when lawyers summarize their position in court and also answer the judge’s questions.

Court order that makes someone go to court to explain to the judge why he or she did not follow the rules. Also called SHOW CAUSE ORDER.

A regulation made by a local government to enforce, control, or limit certain activities.

The failure to use the degree of care which the ordinary or reasonably prudent person would have used under the circumstances and for which the negligent person is liable.

An open act showing the intent to commit a crime.

The court in which a matter must first be filed.

In California, a pardon is a type of post-conviction relief granted by the governor to people who were convicted of a crime, but have since shown that they have been rehabilitated. a pardon relieves a person of many of the consequences of a conviction.

The power of the state to act in the parents’ place to protect a child or his or her property.

Who the birth (biological) parents of a child are.

Oral or verbal evidence rather than written. The Parole Evidence Rule limits the admissibility of parole evidence which would directly contradict the clear meaning of terms of a written contract.

A limited search of the outer clothing of a person in an attempt to discover weapons which might be used to assault the officer and may be conducted if the officer has a reasonable belief that the detained person is armed and dangerous.