Search Glossary

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.

A government grant giving an inventor the exclusive right to make or sell his or her invention for a term of years.

Law enforcement officer, such as sheriffs and their deputies, members of the police force of cities, and other officers whose duty is to enforce and preserve the public peace.

Circumstances under which a person takes an oath that he will testify, declare, depose or certify truthfully.

Things that you own and can move, like furniture, equipment, or paintings.

Juvenile found to have committed a status offense rather than a crime. Typical status offenses are habitual truancy, violating a curfew, or running away from home. These are not crimes, but they might be enough to place a child under supervision.

A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a TEMPORARY RESTRIANING ORDER or PRELIMINARY INJUNCTION.

A false statement made on purpose while under oath in a court proceeding.

The right to challenge a juror without assigning a reason for the challenge.

A person picked by the court to collect, manage and distribute a person’s property (estate) when they die. If named in a will, that person’s title is an EXECUTOR. If there is no valid will, that person’s title is an ADMINISTRATOR.

A request in a criminal case made by the defendant for discovery of a peace officer’s personnel file with regards to any complaints or acts of excessive force and violence.

The hearing available to a person charged with a felony to determine if there is enough evidence (probable cause) to hold him for trial.

An agreement between the prosecutor and the defendant. It lets the defendant plead guilty to a less serious charge, if the court approves.

A practice in which jurors are asked individually whether they agree with the final verdict in the case they just decided.

A will that leaves some or all estate property to a trust established before the will-maker’s death.

Evidence which might unfairly sway the judge or jury to one side or the other.

An error which authorizes the appellate court to reverse the judgment before it. Also called reversible error

A court decision in an earlier case that the court uses to decide similar or new cases.

In civil cases, the court may the court may issue a preliminary injunction or a temporary restraining order preventing a party from doing anything that will change the status quo until a final resolution is made in the case.

The planning of a crime before the crime takes place, rather than committing the crime on the spur of the moment.

To win a civil case, the plaintiff has to prove that most of the evidence is on his or her side.

A report prepared by the probation department for the judge when sentencing a defendant. Describes defendant’s background: financial, job, and family status; community ties; criminal history; and facts of the current offense.

A man who is married to the mother of the child, who has signed a declaration of paternity, or has received the child into his home and held the child out to the community as his child, whether that man is the biological father of the child, or not.

A hallowed principle of criminal law that a person is innocent of a crime until proven guilty. The government has the burden of proving every element of a crime beyond a reasonable doubt and the defendant has no burden to prove his innocence.

A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process. From the Latin for “from first view.”

Any time both sides of the case go to court before trial. In criminal cases, it’s usually when the defendant and prosecutor talk about settling the case.

a rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence.

When a defendant is convicted of two or more felonies, the principal term is the longest term of imprisonment imposed by the court on any one count. It includes the base term plus any enhancements, to which subordinate terms are added.

As used in Superior Court pleadings, an allegation that defendant has previously been imprisoned.

Term meaning previous conviction(s) of the accused.

The right to be left alone; the right of a person to be free from unwarranted publicity.

Confidential communications to certain persons that are protected by law against any disclosure, including forced disclosure in legal proceedings. Communications between lawyer and client, physician and patient, psychotherapist and patient, priest, minister, or rabbi and penitent are typically privileged.

1. Privity in contract is established when parties have a direct legal relationship, such as between the original signers of the contract. 2. In civil procedure, parties who share mutual interest, such as the same loss, the same measure of damages, or the same or nearly identical issues of fact and law, may be considered in privity and bound by the same legal judgment without the right to bring a separate lawsuit.

A judge who is sitting temporarily for another judge or an attorney who has been appointed to serve as a judge as a substitute for a regular judge.

Person who presents their own cases in court without lawyers .

Person who presents their own cases in court without lawyers

for this one particular occasion. for example, an out-of-state lawyer may be admitted to practice in a local jurisdiction for a particular case only. From the Latin meaning “for this turn.”

A good reason to believe that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests.

A sentencing alternative to imprisonment in which the court releases a convicted defendant under supervision of a probation officer that makes certain that the defendant follows certain rules, for example, gets a job, gets drug counseling.

The method, established normally by rules to be followed in a case; the formal steps in a judicial proceeding.

Refers to the legal liability of manufacturers and sellers to compensate buyers, users and even bystanders for damages or injuries suffered because of defects in goods purchased.

An offer of proof as to what the evidence would be if a witness were called to testify or answer a question.

A court order to protect a person from further harassment, service of process, or discovery.

A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to file charges. Also called PROSECUTING ATTORNEY, DISTRICT ATTORNEY.

The party that starts a criminal case and files criminal charges. The prosecution is the lawyer for the state. a common name for the state’s side of the case.

A written document that says a person promises to pay money to another.

The act that caused an event to occur.

A lawyer picked by the court to represent a defendant who cannot afford a lawyer.

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

To clean or clear, such as eliminating inactive records from court files; with respect to civil contempt, to clear the noncompliance that caused the contempt finding.

The ground or reason of the decision in a case.

The confirmation or adoption of a previous act done either by the party himself or by another.

Something for something; giving one valuable thing for another.

To overthrow, to vacate, to annul or make void.

Latin meaning “as much as he deserves.” This phrase is often used in cases of an implied contract, or a contract that does not include a dollar amount. It is a request for a reasonable sum for services or goods supplied to the defendant.

Real estate, such as a house, undeveloped land or other building.

A phrase used to define a hypothetical person who exercises qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of his or her own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do.

Evidence presented at trial by one party in order to overcome evidence introduced by another party.

The continued, habitual, or compulsive breaking the law after having been convicted of prior offenses.

The practice which enables an accused awaiting trial to be released without posting any security other than a promise to appear before the court at the proper time. Failure to appear in court at the proper time is a separate crime.

A person appointed by the court to hear and make decisions on limited legal matters, like juvenile or traffic offenses.

To set right; to remedy; to compensate; to remove the causes of a grievance.

Opportunity to present rebuttal evidence after one’s evidence has been subjected to cross-examination.

To adapt or edit for public record. Often includes removing or obscuring information.

When you remove yourself or are removed from a criminal or civil proceeding because you have a conflict of interest. for example, a judge can recuse himself because someone in the case is a friend or business partner.

Another hearing of a civil or criminal case by the same court in which the case was originally heard.

Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side.

A forsaking, abandoning, renouncing, or giving over a right.

The transfer of a state case to federal court for trial

The transfer of records of a case from a court of appeal back to the original trial court for further action or other disposition as ordered by the appellate court.

The means by which a right is enforced or the violation of a right is prevented, redressed or compensated.

(1) When an appellate court sends a case to a lower court for further proceedings; (2) to return a prisoner to custody.

A rule of civil law that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated by the parties in the same court, or any other trial court.

Latin meaning “a thing that speaks for itself.” In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent.

Giving something back to its owner. Or, giving the owner something with the same value, like paying to fix his or her property.

When a party in a case has presented all the evidence it intends to offer.

The person that answers or responds to the original Petition in a case. This person remains the Respondent in the case, even if they later file their own petitions or motions in the case. Party designations remain the same, for as long as the case is open.

“Let the master answer.” The doctrine which holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of the employees’ duties.

Rescue doctrine is that one who has, through his negligence, endangered safety of another and may be held liable for injuries sustained by third person who attempts to save other from injury.

A hearing in a criminal case to determine how much the defendant must pay to compensate the victim or victims of the crime.

The fee the client pays when he or she retains the attorney to act for him or her.

Inflicing harm against someone in response to harm that person previously caused.

A trust that the grantor may change or revoke.

A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court. (See PREJUDICIAL ERROR.)

Services that help parents get their children back after they are taken away.

To change or take back.

The rights of a person guaranteed by the state or federal constitutions.

An order made by a court having competent jurisdiction. Rules of court are either general or special; the former are the regulations by which the practice of the court is governed, the latter are special orders made in particular cases.

Standards governing whether information can be admitted and considered in a civil or criminal case.

“Search and seizure” describes a law enforcement agent’s examination of a person’s home, vehicle, or business to find evidence that a crime has been committed. A search involves law enforcement officers going through part or all of individual’s property, and looking for specific items that are related to a crime that they have reason to believe has been committed. A seizure happens if the officers take possession of items during the search. Normally, law enforcement must obtain a search warrant from a judge prior to searching.

The closure of court records to inspection, except to the parties.

Full payment of a judgment amount by the losing party.

A financial punishment meant to make someone obey the law. for example, a judge can order someone to pay for not following court orders.

A debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral. Common types of secured debt are mortgages and car loans.

The hearing in a juvenile dependency case conducted post-reunification failure according to Welfare and Institutions Code Section 366.26, to decide whether to terminate parental rights and free the child for adoption, order a legal guardianship, or order permanent planned living arrangement.

Claim that an act was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

Sentences for two or more crimes to run concurrently (at the same time). For example, if you have concurrent sentences of 10 years and 5 years, you must serve a total of 10 years.

A document containing background material on a convicted person. It is prepared to guide the judge in the imposition of a sentence. Sometimes called a PRE-SENTENCE REPORT.

A will that is signed under penalty of perjury by two people who will not get anything from the will. You do not have to get an affidavit from the witnesses.

Two or more sentences of jail time to be served in sequence.