Search Glossary

Acts or declarations by which one implicates oneself in a crime.

Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for while they are testifying, and cautioning them not to discuss their testimony with other witnesses. This prevents a witness from being influenced by the testimony of a prior witness.

An arrangement where a husband and wife live apart from each other while remaining married either by mutual consent or by a judicial order.

The hearing where the court determines a person’s punishment.

When both sides reach an agreement that solves the case before the judge or jury makes a decision.

The person who sets up a trust. Also called the GRANTOR or TRUSTOR.

Unwelcome sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex.

A conference between the judge and lawyers, usually in the courtroom, out of hearing of the jury and spectators.

Defamation of a person’s character or reputation through false or malicious oral statements. See DEFAMATION.

A remedy requiring a person who has breached a contract to perform specifically what he or she has agreed to do. Ordered when damages would be inadequate compensation.

A crime which requires a specific mental state.

Allegation that a case or charge warrants the death penalty.

The doctrine that the government, state or federal, is exempt to lawsuit unless it gives its consent.

A court that handles civil claims for $10,000 or less. People often represent themselves rather than hire an attorney.

The legal right to bring a lawsuit. Only a person with something at stake has the right to bring a lawsuit.

There are essentially three standards of proof applicable in most court proceedings. In criminal cases, the offense must be proven “beyond a reasonable doubt,” the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere “preponderance of the evidence”(more likely than not). In some civil cases, and in juvenile proceedings such as a permanent termination of parental rights, an intermediate standard applies, proof by “clear and convincinv evidence”

Court-ordered support of a spouse or ex-spouse; also called “MAINTENANCE” or “ALIMONY.”

The right of an accused to an immediate trial as guaranteed by the 6th Amendment of the United States Constitution.

The doctrine that courts will follow principles of law established in previous cases. Similar to precedent.

Youths charged with being beyond the control of their legal guardian or who are habitually disobedient, truant from school, or have committed other acts that would not be a crime if committed by an adult. They are not delinquents, but are persons in need of supervision, minors in need of supervision, or children in need of supervision, depending on the state in which they live. Status offenders are placed under the supervision of the juvenile court. (See PERSON IN NEED OF SUPERVISION.)

A law that says how much time you have to file a lawsuit after something happens.

Actions relating or conforming to, or created, defined, or required by a statute.

Process by which a court seeks to interpret the meaning and scope of legislation.

An order that prevents the execution of an action, e.g. the serving of a sentence. The stay may be granted on a motion by the defendant, or it may be ordered in accordance with statutory law, e.g. Calif. Penal Code Section 654.

To agree to something.

Evidence that has been removed from the record.

A concept applied by courts in product liability cases in which a seller is responsible for any and all defective or hazardous products which unduly threaten a consumer’s personal safety.

A right held by most insurance carriers to legally pursue a third party that caused an insurance loss to the insured.

A court order to bring papers or records to court at a certain time.

An official order to go to court at a certain time. Subpoenas are commonly used to tell witnesses to come to court to testify in a trial.

Used to describe when a judge does something without being asked to by either party. Latin meaning “of one’s own will.”

When the judge decides a case without going to trial. The decision is based on the papers filed by both sides.

The acquisition of title to the property of one who dies without disposing of it by will.

The law dealing with rights, duties, and liabilities.

Where a party has honestly and faithfully performed the essential and material portions of the contract and the only non-performance consists of technical or unimportant provisions.

An insurance policy taken out by a defendant with a national insurance company in which the insurer agrees to pay the court the amount of bail required for the defendant’s release if the defendant fails to come to court when he or she is supposed to. Often called a fidelity bond.

A hearing on a criminal defendant’s motion to prohibit the prosecutor’s use of evidence alleged to have been obtained in violation of the defendant’s rights. This hearing is held outside of the presence of the jury, either prior to or at trial. The judge must rule as a matter of law on the motion.

To stop or put an end to someone’s activities.

Trial-level courts in California.

A way for multiple people to hold title to real estate and have rights of survivorship. This means that if one owner dies, their share goes to the other owners (the “survivors”) instead of to the deceased owner’s heirs. In California, both “joint tenant” and “community property with right of survivorship (WROS)” deeds use survivorship.

To postpone, stay, or withhold certain conditions of a judicial sentence for a temporary period of time.

To maintain, to affirm, to approve.

A court order that says a person must not do certain things that are likely to cause harm that can’t be fixed. Also called a TRO. Compare PRELIMINARY INJUNCTION, PERMANENT INJUNCTION

The process of determining the amount of costs in an action to which a party is legally entitled, or which are legally chargeable.

Capable of being perceived, especially by the sense of touch.

To put to oath and declare as truth.

To give evidence under oath as a witness in a court proceeding.

A person who makes a will

Someone who has died, and left a will.

The legal ability to make a will. In California, anyone who is at least 18 years old and of sound mind can make a will.

A will disposing of personal property. (See WILL.)

Oral evidence at a trial or deposition.

An action by the defendant that brings a third party into a lawsuit.

Law that subjects person convicted of felony who has two or more prior serious or violent felonies to a life term in prison.

A sentence given by the court to a convicted criminal equal to the amount of time that the criminal was incarcerated during the trial.

a tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.

When you give up the right to have a certain phase of the legal process take place within the normally specified amount of time.

A record of everything that is said in a hearing or trial.

In common law pleading, a denial. Where a defendant denies any material allegation of fact in the plaintiff’s declaration.

The first court to consider a case, generally the superior court.

A new trial or retrial held in an appellate court in which the whole case is heard as if no trial had been heard in the lower court or administrative agency.

The endorsement made by a grand jury on a bill of indictment when it finds sufficient evidence for trial on the charge alleged.

A motion in a criminal case to suppress evidence for failure to preserve the same.

Term includes the jury or the judge in a jury-waived trial, who have the obligation to make finding of fact rather than rulings of law.

Any abnormal mental or physical condition which is the result of indulging in any degree in intoxicating liquors, and which tends to deprive one of that clearness of intellect and control of himself which he would otherwise possess.

That which is contrary to or in conflict with the federal or state constitutions.

An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party.

The person or institution that manages the property put in trust.

The court-ordered removal of a tenant from the property where they reside. Also called Eviction

The principle that one person should not be permitted to unjustly enrich himself at the expense of another, but should be required to make restitution for the property or benefit received.

One-sided, or having a relation to only one of two or more persons or things.

When one person uses their position of power to take advantage over another person.

A promise given during legal proceedings by a party or his attorney, usually as a condition of getting some concession from the court or third party.

In civil cases, unlimited jurisdiction refers to cases where the damage sought are over $25,000, or cases in which non-monetary relief is sought.

This law provides protection from discrimination by all business establishments in California, including housing and public accommodations, because of age, ancestry, color, disability, national origin, race, religion, sex, or sexual orientation.

A debt is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt. Common types of unsecured debt are credit cards or personal loans.

A person shown to repeatedly file legal actions that have little or no merit.

A jury’s or a judge’s final decision.

The court where you can file your action.

Acting or serving in place of someone or something else.

A statement during sentencing which informs the judge of the impact of the crime on the victim or the victim’s family.

A breach of a right, duty, or law.

A person under the age of 18 when he/she violates a criminal law or ordinance. The minor is under the care and supervision of the court.

A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, making it possible for his or her testimony to be used against him or her in future proceedings.

Voluntary surrender of some known right, benefit, or advantage.

The process of questioning potential jurors to choose the people who will decide a case. Latin meaning “to speak the truth.”

Commands a peace officer to arrest and bring before the court the person accused of an offense for purpose of commencing legal action.

A written order directing a law enforcement officer to conduct a search of a specified place and to seize any evidence directly related to the criminal offense.

The persuasiveness of certain evidence when compared with other evidence that is presented.

A motion in a criminal case to dismiss a jury panel due to the prosecution’s exclusion of a particular class of people (i.e. black jurors, women, etc.).

A “willful” act is one done intentionally, as distinguished from an act done carelessly or inadvertently.

Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.

When rights or privileges are not waived or lost. If your case is dismissed without prejudice it means that there can be a new case about the same thing.

A felony which provides either a county jail sentence or a state prison commitment and which can be held to answer as a felony or a misdemeanor.

A correctional program which allows inmates, primarily one’s being readied for discharge, to leave the institution for the purpose of continuing regular employment during the daytime but reporting back on nights and weekends.

A petition used to compel the court, officer, or agency to perform a duty required by law or to compel a court to assume jurisdiction and exercise its discretion after its refusal to act.

A court order that tells the sheriff to enforce a judgment.

Program allowing sentenced person the option of performing labor instead of jail time.

A person under 18 years old. Also called a JUVENILE.

A civil action in which recovery of less than a certain amount ($35,000 in California for cases filed after Jan. 1, 2024, $25,000 for cases filed before then)  is sought. Simplified rules of procedure are used in such actions.