| Bail
Terms & Definitions Listed Alphabetically |
| Abstract of Judgment |
Summary of the
court’s final decision. Can be used as a lien if you file it with
the county recorder. |
| Accessory |
A person that helps someone else commit
a crime, either before or after the crime. |
| Accomplice |
A person that helps someone else commit
a crime. Can be on purpose or not. |
| Accused |
The person that
is charged with a crime and has to go to criminal court. (See also
Defendant) |
| Acknowledgment |
Saying, testifying, or assuring that
something is true. You can say this out loud or write it down. |
| Acquittal |
When a judge or jury finds that the
person on trial is not guilty. |
| Action |
In court, when
one person sues someone else to:
- Defend or enforce a right,
- Stop something bad from happening or fix
something, or
- Punish them for a crime.
|
| Active Status |
A case that is
in court but isn’t “settled” or “decided” has active status.
(See also Disposition, Pending) |
| Adjournment |
To put off a court hearing until
another time or place. |
| Adjudicate |
When a judge hears and decides a case. |
| Adjudication |
The judge’s
decision in a case or action. |
| Admissible Evidence |
Evidence that can legally and properly
be used in court. |
| Admission |
Saying that
certain facts are true. But not saying you are guilty. (See also
Confession) |
| Admonish |
To warn, advise, or scold. |
| Admonition to Jury |
What the judge
says to the jury about:
- What they must do and how they must behave,
- What evidence they can use to make their decision
(called “admissible” evidence), and
- How they can use that evidence to make a decision.
|
| Affidavit |
A written statement that someone swears
to under oath in front of someone that is legally authorized, like a
judge or notary public. |
| Affirm |
To make a solemn (serious) statement. |
| Alibi |
A defense claim that the accused was
somewhere else at the time a crime was committed. |
| Allegation |
A statement or
claim that is made and hasn’t been proved to be true or false. |
| Allege |
To say,
declare, or charge that something is true even though it isn’t
proved yet. |
| Amend |
To add to or change a claim that has
been filed in court. |
| Appeal |
When someone
that loses at least part of a case asks a higher court (called an “appellate
court”) to review the decision and say if it was right. This is
called “to appeal” or “to take an appeal.” The person
that appeals is called the “appellant.” The other person is
called the “appellee.” |
| Appearance |
Going to court. Or a legal paper that
says you will participate in the court process. |
| Arraignment |
When a person
that is accused of committing a crime is:
- Taken to court,
- Told about the charges, and
- Asked to plead “guilty” or “not guilty”
|
| Arrest |
The legal capture of a person that is
charged with a crime. |
| Assault |
When someone
tries or threatens to hurt you. Can include violence, but is not
battery. (See also Battery) |
| Assignment |
Choosing
someone to do something. Usually used in:
- Cases – when the court uses a calendar to give
(or “assign”) cases to judges;
- Lawyers – when lawyers are chosen (or “appointed”)
to represent juveniles, conservatees, or poor
defendants; and
- Judges – when judges are sent (or “assigned”)
to different courts to fill in while other judges
are on vacation, sick, etc., or to help with cases
in a court.
|
| Attachment |
- Document attached to court papers to give more information;
- A way to collect a judgment by getting a court order that says you
can take a piece of property.
|
| Attorney |
Someone that is
qualified to represent clients in court and to give them legal advice.
(See also Counsel, Lawyer) |
| Attorney of Record |
The lawyer whose name is listed in a
case record as representing someone in the case. |
| Backlog |
All the cases
that haven’t been settled or decided in the time the law says they
should be. |
| Bail |
A security
deposit (usually money) given to release a defendant or witness from
custody and to make sure that they go to court when they’re supposed
to. |
| Bail bond |
A legal paper
that you buy from a bondsman and give to the court instead of bail.
The defendant signs it and is let go. But if they don’t come to
court when they’re supposed to, they must pay the amount of money on
the bail bond. |
| Bail Exoneration |
When you get
your bail back. Or when a bail bondsman or insurance (“surety”)
company isn’t responsible for your bail anymore. |
| Bail Forfeiture |
A court order
to let the court keep the bail deposit because the defendant didn’t
go to court when they were supposed to. |
| Bail Notice |
A legal paper from the court that says
the court will make a warrant for arrest unless the defendant goes to
court or pays bail. |
| Bail Receipt |
A written statement that the court
gives a defendant that says bail was paid. |
| Bail Schedule |
A list of the amount of bail that is
recommended for different charges. In criminal cases, the court decides
how much bail a defendant has to pay to be released.The bail schedule is
reviewed each year by the judges of each county. The Schedule is then
given to the jails, the Courts and the D.A. and Public Defenders. Judges
have the right to raise or lower bail amounts in individual cases. If
the police obtain a warrant for arrest they may request the Judge to set
a higher amount than the Schedule calls for. |
| Bailiff |
A person that is in charge of security
in the court. Bailiffs are picked by sheriffs or marshals. |
| Bar |
All of the lawyers qualified to
practice law. For example, a state bar includes all of the lawyers
qualified to practice law in that state. |
| Battery |
Illegal beating or physical violence or
control of a person without their permission. |
| Behavior Intervention
Plan |
Plan made by a local educational agency
(LEA) as part of the individualized education program (IEP), to change
the behavior of students that hurt themselves, assault others, or are
destructive. |
| Bench |
- The desk where a judge sits in court;
- Judges in general or a specific judge.
|
| Bench Trial |
Trial without a jury. The judge
decides the case. |
| Bench Warrant |
An order given
by the judge (or “bench”) to arrest a person. (See also Warrant,
Writ.) |
| Bind |
To make yourself or someone else
legally responsible for something. |
| Bind Over |
A judge’s
decision before a trial that says there is enough evidence for a
trail. |
| Blood Test |
- Testing someone’s blood sample to:
- See how much of a certain chemical is in the blood, or
- See who is the parent of a child. (See also Genetic Testing)
|
| Bona Fide |
Sincere, real,
without fraud or deceit. Come from the Latin for “in good faith.” |
| Bond |
A deed or legal paper that restrains a
person or makes a person responsible for something. In court, a bond is
a written statement that makes one person pay another person money. |
| Book (Booking) |
What the police do when they arrest
someone. |
| Burden of Proof |
When one person in the case has the
responsibility to give more evidence than the other person. |
| Burglary |
When someone unlawfully breaks into or
enters a building or home, and they intend to or do commit a theft or
other serious crime. |
| Calendar |
A list, in
alphabetical order, of all the cases in each courtroom every day. “To
calendar” something means to give a day, time, and courtroom to a
case. |
| Capital Case |
A criminal case where the defendant can
get the death penalty. |
| Capital Offense |
A crime that you can get the death
penalty for committing. |
| Caption |
What is written
at the top of all papers (called “pleadings”) given to the court.
It says things like the case name, court, and case number. |
| Case |
A lawsuit. Or a complaint filed in
criminal, traffic, or civil court. |
| Case File |
The folder that has the official court
papers for a case. |
| Case Load |
The number of cases a judge has in a
specific time. |
| Case Number |
Identification
number that the court clerk’s office gives a case. This number is on
all papers filed in the case. Also called “case ID” |
| Cause of Action |
The charges (or
“counts”)that makeup the case or lawsuit. |
| Certification |
A judge’s
order to move a criminal case to another court in a different county. |
| Certified Copy |
An official copy of a paper from a case
file that is marked as being true, complete, and a real copy of the
original paper. |
| Chambers |
A judge’s
office. Also usually where the judge’s clerks work. |
| Change of Venue |
When a civil or
criminal case is moved from one court jurisdiction to another. (See
also Venue) |
| Charge |
In criminal law, each thing the
defendant is accused of. (see count) |
| Circumstantial Evidence |
All evidence that is indirect.
Testimony not based on actual personal knowledge or observation of the
facts in dispute. |
| Citation |
A court order or summons that tells a
defendant what the charges are. Also tells the defendant to go to court
and/or post bail. |
| Cited |
When a defendant is not in custody but
has signed a ticket. |
| Citing Authority or
Agency |
An agency related to the court, like
the city police or the California Highway Patrol, that can arrest people
for breaking the law. |
| Clerk of Court |
A person chosen by the judges to help
manage cases, keep court records, deal with financial matters, and give
other administrative support. |
| Codes |
The law created by statutes. For
example, the California Code of Civil Procedure, California Civil Code,
California Vehicle Code, California Penal Code, and California Health
and Safety Code. |
| Commissioner |
A person chosen by the court and given
the power to hear and make decisions in certain kinds of legal matters. |
| Commit |
To do
something. “To commit” a crime. To put someone in a sheriff’s
custody. To use a court order to send a person to jail. |
| Commitment Order |
A court order that says a person must
be kept in custody, usually in a jail or mental institution. |
| Common Law |
Laws that come
from court decisions and not from statutes (“codes”) or
constitutions. |
| Compensatory Damages |
Money that one
person must pay another to cover the cost of a wrong or injury. (See
also Damages) |
| Complainant |
Person that wants to start a court case
against another person. In a civil case, the complainant is the
plaintiff. |
| Complaint |
In civil cases,
a written statement filed by the plaintiff that starts a case. Says
what the plaintiff thinks the defendant did and asks the court for
help. Also called the “initial pleading” or “petition.”
A complaint is also used to start a criminal case. |
| Compulsory |
Required by legal process or by law. |
| Concurrent Sentences |
Sentences you
can serve 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.
(See also Consecutive Sentences.) |
| Confession |
When someone admits, out loud or in
writing, that they committed a certain crime. |
| Confidential Record |
Information in
a court case that is not available to the public. (See also Public
Record, Sealed Record) |
| Conform Copies |
To get or file copies of an original
document. |
| Consolidation of
Actions |
When at least 2
cases that involve the same people are grouped together. (See also
Coordination of Cases.) |
| Contempt |
When doing something or not doing (or
saying) something prevents justice from being had or hurts the honor,
respect, or authority of the court. This includes ignoring or disobeying
a court order on purpose. Punishment can be a fine or jail. |
| Continuance |
Putting off a
court case to a later date. (See also Adjournment; Recess) |
| Continued |
Postponed, or put off to a later date. |
| Costs |
- Fees and charges that a party pays to file and present a court
case or to enforce a judgment;
- Money won in a civil suit to pay for expenses.
|
| Counsel |
One or more
lawyers that represent a client. Also, legal advice. (See Attorney,
Lawyer) |
| Count |
Each separate
charge (or statement) in an action. (See also Charge) |
| Court |
A judge or
group of judges whose job is to hear cases and carry out justice. (See
also Bench) |
| Court Order |
A legal decision made by a court that
commands or directs that something be done or not done. Can be made by a
judge, commissioner, court referee, or magistrate. |
| Court Reporter |
Someone that writes down, word for
word, what is said in court. They generally use a stenographic machine,
shorthand, or a recording device. You can ask for a copy of this record. |
| Court Trial |
A trial without a jury. A judge decides
the case. |
| Courtesy Notice |
A notice made by a computer that is
usually sent for traffic violations to tell a defendant about a court
date, bail, etc. |
| Criminal |
Someone that has been convicted of a
felony or a misdemeanor. |
| Criminal Case |
A court case that starts because of a
crime. |
| Cross-Examination |
The testimony a
witness gives when the other side’s lawyer is asking the questions
at a trial, hearing, or deposition. |
| Decision |
A court’s
judgment or decree that settles a dispute. (See also Decree,
Judgment.) |
| Declaration |
A sworn,
written statement that is used as evidence in court. The statement
supports or establishes a fact. The person that makes the declaration
certifies or declares under penalty of perjury that the statement is
true and correct. The person that makes the declaration is called the
“declarant.” The declarant must sign and date the
declaration. The declarant must also say where the declaration was
signed or that it was made under the laws of the State of California. |
| Defendant |
In a civil case, the person or
organization sued by the plaintiff. In a criminal case, the person
accused of the crime. |
| Defense |
In a civil
case, the facts or arguments presented by the defendant to show why
the plaintiff doesn’t have a right to the relief asked for. In a
criminal case, the reasons why a defendant should not be convicted of
the charge(s). |
| Defense Attorney |
In a criminal
case, the lawyer that represents the accused person. (called the “defendant”) |
| Deposition |
Written or oral
testimony given under oath in front of an authorized third person like
a court reporter. Depositions take place outside of court. They allow
the parties to get a record of a person’s testimony, or to get
testimony from a witness that lives far away. They can help the
lawyers prepare their court papers called “pleadings.” (See also
Discovery) |
| Detention |
When a person is temporarily locked up
until the court makes a final decision. |
| Deuce |
A slang term used for driving under the
influence of drugs or alcohol. |
| Discovery |
The gathering
of information (facts, documents, or testimony) before a case goes to
trial. Discovery is done in many ways, such as through depositions,
interrogatories, or requests for admissions. It can also be done
through independent investigation or by talking with the other side’s
lawyer. |
| Disposition |
The final decision by the court in a
dispute. |
| Disqualification |
When a judge
decides (usually voluntarily) not to hear a case. In most cases, this
decision has to do with an outside interest of the judge’s that may
influence his or her ability to decide the case in a fair and
impartial way. |
| Diversion |
Instead of
going to jail, a defendant goes to a rehabilitation (“rehab”)
program and is supervised by a probation officer. When the defendant
finishes the program, the charges are dismissed and the defendant is
not sentenced. (See also Electronic Surveillance, Home Detention) |
| Docket |
A record with the complete history of
each case a court hears. It contains short chronological summaries of
the court proceedings. |
| Due process |
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. |
| Electronic Surveillance |
Use of an
electronic device to keep an eye on where a sentenced person in the
community and to restrict his or her activities, instead of putting
the person in jail. (See also Home Detention) |
| Enforce |
To take legal steps to make sure
someone complies with a judgment. |
| Enjoin |
To order or require; to order that
something be stopped. |
| Et Al. |
In Latin, this
means “and others.” Refers to parties not included in the
formal name of a court case. |
| Evidence |
Any proof legally presented a trial
through witnesses, records and/or exhibits. |
| Execute |
(1) To carry out all terms of a
contract or court order (2) to sign (a document); (3) to kill. |
| Exhibit |
A document or an object shown and
identified in court as evidence in a case. Normally, the court assigns
an identifying letter or number in alphabetical or numerical order
before exhibits are offered as evidence. |
| Exonerate |
To clear of blame or to relieve from
responsibility. |
| Exonerate Bail |
When the court
returns money or property to the defendant or bondsman.
(See also Bail Exoneration) |
| Ex Parte |
These Latin
words mean “from one side only.” An example is a motion that is
made without giving notice to the other side. In many courts, even ex
parte motions require 24-hour notice to the other side except under
unusual circumstances. |
| Expunge |
To strike out or erase. |
| Extradition |
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. |
| Fee |
A specific
amount of money that’s paid in exchange for a service, such as
filing a court paper. |
| Fee Waiver |
Permission not
to pay the court’s filing fees. People with very low income can ask
the court clerk for a fee waiver form. |
| Felony |
A serious crime
that can be punished by more than one year in prison or by death (See
also Infraction, Misdemeanor). |
| Fiduciary |
A person that
acts for another person’s benefit, like a trustee. It can also be an
adjective and mean something that is based on a trust or confidence.
(See also Trustee) |
| File |
When a person officially gives a paper
to a court clerk and that paper becomes part of the record of a case. |
| Filing a Form |
A court form is
“filed” only when the court clerk stamps it “Filed.” You
can give your court forms to the clerk by mail or in person. |
| Finding |
When a judicial officer or jury says
something that is a fact. |
| Fine |
The money a person must pay as
punishment for doing something illegal or for not doing something they
were supposed to do. |
| Fix-it Ticket |
A common name for a traffic ticket
given for a malfunction on a vehicle, like a broken taillight. After
fixing the problem, the vehicle owner has to get a police officer to
sign the ticket to show the problem is taken care of. |
| Foreperson |
When the jury first meets to decide a
case, they vote to pick one member of the jury as their foreperson. The
foreperson is in charge of making sure that discussions take place in an
orderly way, that the case and issues are fully and freely discussed and
that every juror has a chance to participate in the discussion. When the
jury finishes deciding the case the foreperson counts the votes and
completes and signs the verdict form. |
| Forfeiture |
When a person
must give up money or property because they didn’t meet a legal
obligation. (See also Bail Forfeiture) |
| Fraud |
Deceiving someone on purpose in a way
that financially hurts others. |
| Fugitive |
A person suspected of doing something
wrong that runs away or tries to escape the law. |
| Good Cause |
A good reason. For example, a party
must have good cause (better than not having a car or a baby sitter) for
not coming to a court hearing. |
| Guilty |
A court decision that a defendant
committed a crime. Or when a defendant admits he or she committed a
crime. |
| Guilty Plea |
When a person admits in court that he
or she is guilty of the crime charged in a criminal complaint,
information, or indictment. |
| Habeas Corpus |
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. |
| Hearing |
A formal court proceeding with the
judge and opposing sides present, but not jury. |
| Hearsay |
Statements by a
witness that 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. |
| Held to Answer |
A judge’s
decision at the end of a preliminary hearing in a trial court saying
there is enough evidence against the defendant to have a trial. (See
also Bind Over) |
| Holding Cell |
A cell inside a courthouse where
prisoners are held in custody before and after their court appearance. |
| Home Detention |
When an
electronic device is put on a prisoner’s body to keep track of where
the prisoner goes in the community and what the prisoner does. Used
instead of a jail sentence. (See also Electronic Surveillance) |
| Homicide |
When one
person kills another directly, or has someone else kill that person,
or the person is killed by the omission of another (that is, by their
failure to act when the law requires them to act). It is not always a
crime. Homicide can be:
- excusable – the result of a lawful act when no hurt was intended
or from an act of self-defense;
- criminal – the result of any wrongful act without any excuse or
justification in law; or
- Justifiable – the result of an intentional but lawful act such
as the execution of a death sentence by an agent of the law (can
also apply to self-defense). (See also manslaughter, murder)
|
| Honor Camp |
A
rehabilitation (“rehab”) program run by the probation department
that accepts people that are low risk or that are non habitual
offenders. |
| Immunity |
A right to be
excepted from duty or penalty. (See also Privilege) |
| Impeachment |
- The process of calling a witness’s testimony into question. For
example, if an attorney can show that a witness may have made up
parts of his or her testimony, the witness is said to be “impeached.”
- The constitutional process used by the U.S. House of
Representatives to “impeach” (or accuse of misconduct)
high-ranking officers of the federal government, who are then tried
by the Senate.
|
| Impound |
To seize and hold in the custody of the
law; generally used to refer to objects or animals not people. |
| Inactive Case |
A pending case
that has been filed, but for some reason can’t be processed by the
court. |
| In Camera |
A hearing held
in the judge’s chambers or in a court with all spectators (including
the jury) excluded. From the Latin for “in chamber.” |
| Incarcerate |
To put in jail. |
| Incriminate |
To hold yourself or another person
responsible for criminal actions. |
| Indictment |
The formal
charge issued by a grand jury saying there is enough evidence that the
defendant committed the crime to justify having a trial. Used
primarily for felonies. (See also Information) |
| Indigent |
This term usually refers to a person
that is poor, needy, and has no one to look to for support. |
| Information |
A written
accusation charging the person with a crime. It is presented in court
by a prosecuting officer under oath and does not come from a grand
jury. (See also Indictment) |
| Infraction |
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. (See also Felony,
Misdemeanor) |
| Innocent |
Found by a
court to be not guilty of criminal charges; acquitted. (See also
Acquittal.) |
| In Propria Persons (In
Pro Per) |
When a person
represents himself or herself without a lawyer. This comes from the
Latin for “in one’s own proper person.” (See also Pro Per) |
| Inquest |
A legal inquiry (investigation) in a
court or before court officers authorized to hold inquiries, usually to
figure out the cause and circumstances of a death. |
| Installment Payments |
Weekly, monthly, or other periodic
payments on a debt. |
| Instructions |
The explanation of constitutional
rights given by a judge to a defendant. |
| Instruction to Jury |
Instructions
given by a judge to a jury immediately before they decide a case,
telling the jury what laws apply to that case. (See also Admonition to
Jury, Jury Instructions.) |
| Interpreter |
A person that is certified as being
able to translate, orally or in writing, spoken or sign language into
the common language of the court. |
| Jeopardy |
Risk to a
defendant of possible conviction and punishment. In a criminal case
the defendant is usually said to be “in jeopardy” after the
preliminary hearing has taken place and the jury has been sworn in. |
| Judicial Council |
The Judicial Council of California is
the constitutionally mandated body responsible for improving the
administration of justice in the state. The council is made up of
judges, court executives, attorneys, and legislators. It was established
to standardize court administration, practice, and procedure by adopting
and enforcing court rules. |
| Judicial District |
The state is
divided into judicial districts that define the geographical area of
each court’s authority. |
| Judicial Officer |
Judges, referees, and commissioners
that make court decisions as a judge. |
| Jurisprudence |
The study of law and the structure of
the legal system. |
| Juror |
A person selected to be on a jury. |
| Jury |
A group of
citizens picked according to law and authorized to decide a case. Can
be:
- grand, that is, a body of citizens that determines
whether probable cause exists that a crime has been
committed and whether an indictment should be issued;
- hung, that is, a jury that can’t agree on a
verdict after a suitable period of deliberation;
- petit (or “trial”), that is, an ordinary jury
for the trial of a criminal or civil action; or
- Special, that is, a jury ordered by the court, on
the motion of either side, in cases that are
unusually important or complicated. (See also Grand
Jury, Petit Jury)
|
| Jury Instructions |
The guidelines
given by the judge at the beginning and end of a trial that explain
what the law in the case is and how the jurors should evaluate the
evidence (See also Admonition to Jury, Instructions to Jury) |
| Lawyer |
A person
qualified to represent clients in a court of law and to advise then on
legal matters. (See also Attorney, Counsel) |
| Libel |
False and
malicious material that is written or published that is defamatory and
hurts a person’s reputation. (See also Slander) |
| License Hold |
The action
taken to prevent someone from renewing their driver’s license until
a legal matter is settled. |
| Magistrate |
A judicial officer with the power to
issue arrest warrants and find probable cause at preliminary hearings. |
| Maim |
To cripple or
mutilate in any way; to injure a person in a way that deprives him or
her of the use of any limb or other part of his or her body, to
seriously wound, disfigure, or disable. |
| Malfeasance |
Performance of
an act that should not have been done at all. (See also Misfeasance,
Nonfeasance.) |
| Mandatory |
Required, ordered. |
| Manslaughter |
The unlawful,
but unintended killing of a person, Can be voluntary, like when
someone is killed unlawfully under circumstances that don’t include
a premeditated intent to kill. Or involuntarily, like when someone is
killed unintentionally as a result of someone else performing another
unlawful act or negligently performing a lawful act. (See also
Homicide, Murder) |
| Mayhem |
Unlawfully and violently depriving a
person of a part of his or her body or disabling, disfiguring, or making
it useless (includes injury to eyes, tongue, nose, ears, etc.). |
| Minute Order |
The courtroom
clerk’s written minutes of court proceedings. Copies of the minute
orders are usually kept in the case files and the court clerk’s
office. |
| Minutes |
The official
(permanent) record of a court proceeding that tells things like what
witnesses appeared, what motions were made, and what findings were
reached. (See also Transcript) |
| Misdemeanor |
A crime that
can be punished by up to one year in jail. (See also Felony) |
| Mistrial |
A trial that has been ended and
declared void (of no legal effect) due to prejudicial error in the
proceedings or other extraordinary circumstances. |
| Modification |
A change or alteration, like
modification of a sentence (where the terms of punishment for a
defendant are changed) or of a probation order (where a new probation
order is issued changing the terms of the original order (where a new
probation order is issued changing the terms of the original order). |
| Murder |
The unlawful
killing of a person by another with premeditated malice either
expressed (said) or implied (suggested). (See also Homicide;
Manslaughter) |
| Nolo Contendere |
No contest;
from the Latin for “I do not wish to contend.” A plea of
nolo contendere ha the sane effect on a criminal sentence as a plea of
guilty, but may not be taken as an admission of guilt for any other
purpose. For example, a person might plead nolo contendere and pay a
fine or serve jail time as if guilty, but if he or she were sued in a
civil case afterward, the other side would still have to prove that
the person was guilty. |
| Notice |
A written announcement or warning. For
example, a notice to the other side that on a certain date a particular
motion will be made in court. |
| Objection |
A formal protest made by a party over
testimony or evidence that the other side tries to introduce. |
| Obligation |
Law or duty that requires parties to
follow their agreement. An obligation or debt may be created by a
judgment or contract, like child support. |
| Offense |
An act that
violates (breaks) the law. (See also Crime, Public Offense) |
| Opinion |
A judge’s
written explanation of the decision of the court in appellate cases.
Because a case may be heard by; 3 or more judges in the appellate
court, the opinion in appellate decisions can take several forms. If
all the judges completely agree on the result, one judge will write
the opinion for all. If all the judges do not agree, the formal
decision will be based on the majority view and one member of the
majority will write the opinion. The judges that do not agree with the
majority may write their own dissenting or concurring opinions to
state their views. A dissenting opinion disagrees with the majority
opinion because of the reasoning and/or the principles of law the
majority used to decide the case. A concurring opinion agrees with the
decision of the majority opinion but offers comment or clarification
or a completely different reason for reaching the same result. Only
the majority opinion can be used as binding precedent in future cases.
(See also Precedent) |
| Oral Argument |
The part of a
trial when lawyers summarize their position in court and also answer
the judge’s questions. |
| Own Recognizance (OR) |
When a person is released from custody
and not required to pay bail because of his or her promise to come to
court to answer a criminal charge. If the defendant does not return to
court when promised, he or she can be charged with a misdemeanor. |
| Pardon |
When the chief executive of a state or
country releases a convicted person from the punishment given him or her
by a court sentence. |
| Parole |
A conditional release from prison that
allows the person being release to serve the rest of the sentence out of
prison if all conditions of release are met. |
| Penalty |
Punishment for breaking a law. |
| Preemptory Challenge |
A challenge to
a potential juror in a case by either the defense attorney or the
prosecuting attorney, that usually results in that person’s
disqualification from service on the jury and does not require either
attorney to say; why the challenge is made. The law limits the number
of preemptory challenges allowed. (See also Challenge for Cause) |
| Perjury |
A false statement made on purpose while
under oath in a court proceeding. |
| Plea |
In a criminal
case, the defendant’s statement pleading “guilty” or “not
guilty” in answer to the charges. (See also Nolo Contendere) |
| Plea Bargain |
Negotiation
between the prosecuting attorney and the person accused of a crime or
that person’s lawyer to exchange a guilty plea for conviction of a
lesser charge, if the court approves. |
| Pleading |
Written
statement filed with the court that describes a party’s legal or
factual claims about the case and what the party wants from the court. |
| Points and Authorities |
Also called “P’s
and A’s.” “Points and authorities” refers to the written
legal argument given to support a motion. It includes references to
past cases, statutes (Codes), and other statements of law that
emphasize the legality of the motion requested. |
| Polling of Jury |
A practice in which jurors are asked
individually whether they agree with the final verdict in the case they;
just decided. |
| Precedent |
A court
decision in an earlier case with facts and legal issues similar to a
dispute currently before a court. Judges will generally “follow
precedent,” meaning that they use the principles established in
earlier cases to decide new cases dealing with similar fact and legal
issues. A judge will overlook precedent if a party can show that the
earlier case was decided incorrectly or that it differed in some
significant way from the current case. |
| Preliminary |
Introductory, preparatory, preceding,
or leading up to the main matter of business. For example, a preliminary
injunction comes before a permanent injunction. |
| Preliminary
Examination/Hearing |
A proceeding before a judicial officer
in which evidence is presented so that the court can determine whether
there is probable (sufficient) cause to hold the accused for trial on a
felony charge. |
| Presentence Report |
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 presentence report must be done in felony cases and
may be requested in misdemeanor cases. |
| Presiding Judge/Justice |
In a court with
more than one judicial officer, the judge/justice that acts as
administrator of the court’s business. |
| Pretrial Conference |
A meeting of the judge and lawyers to
plan a trial, discuss which matters should be presented to the jury,
review proposed evidence and witnesses, and set a trial schedule.
Typically, the judge and the lawyers also discuss the possibility of
settling the case. |
| Pretrial Services |
Services
provided by a local agency to investigate a criminal defendant’s
background so a judge can decide whether or not to release the
defendant from custody before trial. |
| Prima Facie |
Not requiring
further support to establish existence, credibility, or validity; from
the Latin for “from first view.” A prima facie case is
sufficient on its face, because it is supported by the necessary
minimum evidence and free from obvious defects. Prima facie evidence
is sufficient to support a certain conclusion unless contradictory
evidence is presented. |
| Prior |
A term generally used to refer to a
previous conviction. |
| Probable Cause |
A reasonable basis for assuming that a
charge or fact is well founded. |
| Probation |
- 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;
- A department of the court that prepares a presentence report.
|
| Probation Officer |
Officers of the
probation department of a court. A probation officer’s duties
include conducting presentence investigations, preparing presentence
reports on convicted defendants, and supervising released defendants. |
| Pro Bono |
Legal work done
for free; from the Latin meaning “for the good.” |
| Pronouncement of
Judgment |
When the judge formally issues a
judgment in a case. |
| Proof |
Evidence that tends to establish the
existence or truth of a fact at issue in a case. |
| Pro Per |
A short form of
“in propria persona.” Refers to persons that present
their own cases in court without lawyers; from the Latin for “in one’s
own proper person” |
| Prosecute |
To charge
someone with a crime and then try then for it in court. A prosecutor
(also called “prosecuting attorney”) tries a criminal case on
behalf of the government. |
| Prosecuting Attorney |
A public
officer that prosecutes criminal cases on behalf of the state;
sometimes referred to as “district attorney.” |
| Pro Tem Judge |
A lawyer that
volunteers his or her time to hear and decide cases. Also called a “temporary
judge.” |
| Pro Tempore |
A referee or
commissioner that temporarily replaces a judge; same as pro tem judge;
from the Latin for “for the time being” or “temporarily.” |
| Public Defender |
A lawyer
appointed by the court, usually to represent a defendant in a criminal
case that can’t afford to hire a lawyer. |
| Public Offense |
A crime.
Compare to private or civil wrongs that violate “private laws,”
for example, a contract between two parties. The difference between
civil/private and criminal/public wrongs is that public offenses focus
on the behavior of the offender while the law of civil wrongs focuses
on making an injured person whole. (See also Crime) |
| Public Record |
A court record
made available for inspection by the general public. (See also
Confidential Record, Sealed Record) |
| Rap Sheet |
A written
summary of a person’s criminal history. |
| Rebuttal |
Evidence presented at trial by one
party in order to overcome evidence introduced by another party. |
| Recess |
A short break
in a trial ordered by the judge. (See also Adjournment;
Continuance) |
| Record |
A written account of the proceedings in
a case, including all pleadings, evidence, exhibits, and judgment
submitted during the case. |
| Record Sealing |
A request for
a court order to “seal” the record of a misdemeanor conviction. To
be eligible for sealing, the crime must have been before a defendant’s
18th birthday and the judge must have already granted a “release of
penalties” order. A conviction, charge, and arrest records. If a
judge grants an order to seal the record, in the eyes of the law, the
misdemeanor is considered to never have happened. |
| Reinstated Bail |
When bail that
had been forfeited, exonerated, or reduced is reestablished in its
original amount. (See also Bail Exoneration, Bail Forfeiture) |
| Remand |
- When an appellate court sends a case to a lower court for further
proceedings;
- To return a prisoner to custody.
|
| Report and Sentence |
The proceeding that happens after a
conviction in a criminal case in which the judge reviews the probation
report and sentences the defendant. |
| Reporter |
A court official that records the
proceedings in trials, including the questions asked of, and answer made
by witnesses. |
| Restitution |
The act of restoring or giving the
equivalent value to compensate for an injury, damage, or loss. |
| Sanction |
- To concur, confirm, or ratify.
- A penalty or punishment intended to make someone obey the law.
|
| Satisfaction |
Payment of a judgment amount by the
losing party. |
| Sealed Record |
A record closed by a court to further
inspection by anyone unless there is a court order to permit it.
(Compare with confidential record public record) |
| Self-Surrender |
When a person turns him or herself in
voluntarily to the jail, police, or the court. |
| Sentence |
A judge’s
formal pronouncement of the punishment to be given to a person
convicted of a crime. |
| Statute of Limitations |
A law that
sets the deadline for parties to file suit to enforce their rights.
For example, if a state has a four year statute of limitations for
breach of a written contract, and “John” breached a contract with
“Susan” on January 1, 1996, Susan must file her lawsuit by January
1, 2000. If the deadline passes, the “statute of limitations has run”
(or the claim is “time-barred”) and “Susan” may not be allowed
to sue. There are very few conditions that allow a statute to be
extended or “tolled” (kept from running). |
| Stipulation |
An agreement relating to a pending
court proceeding between parties or their attorneys. |
| Superior Court |
The trial court in each county of the
State of California. This court hears all adoption, family law,
juvenile, criminal, civil, small claims, and probate cases. |
| Surety Bond |
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. |
| Suspended Sentence |
In criminal
law, this means the defendant doesn’t have to serve the sentence at
the time the sentence is imposed. |
| Ticket |
A citation, usually for a traffic
violation. |
| Time Waiver |
When you give up the right to have a
certain phase of the legal process take place within the normally
specified amount of time. |
| Trial |
A court process
in which the issues of fact and law are heard and decided according to
legal procedures so a judicial officer or jury can make a decision in
the case. Can be either (1) a bench trial—a trial that is heard and
decided by a judge, or (2) a jury trial—a trial that is heard and
decided by a jury,. |
| Urine Test |
A medical test of a urine sample to see
if it contains evidence of alcohol or some other drug. |
| Venue |
The particular court in which an action
may be brought. |
| Verdict |
The final
decision about the guilt or innocence of a criminal defendant made by
a judge or jury. In a civil case, can be:
- general; a jury verdict in a civil case in favor
of the plaintiff or in favor of the defendant;
- special/directed; a judge’s verdict in a civil
case after considering applicable law and after the
jury states its conclusions on specific factual
issues.
|
| Violation |
A breach of a right, duty, or law. |
| Voir Dire |
The process by which judges and lawyers
select member so the jury by questioning them to make sure they; can
fairly decide the case. |
| Waiver |
To give up a legal right voluntarily,
intentionally, and with full knowledge of the consequences. |
| Waiver of Rights Form |
A form signed by a defendant and the
judge recording which, if any, legal rights are waived (or given up) by
the defendant. |
| Warrant |
A written
order issued and signed by a judge or judicial officer directing a
peace officer to take specific action. Can be:
- an arrest warrant—orders a peace officer to
arrest and bring to the court the person accused of
a crime to begin legal action;
- a bench warrant—a judge’s order to arrest and
bring a person to court because the person has
failed to appear in court when they were supposed
to;
- a recall warrant—an order to remove from
Department of Justice and state police computers
information about canceled warrants to avoid
mistaken arrests; or
- a search warrant—an order based on a finding of
probable cause directing law enforcement officers to
conduct a search of specific premises for specific
persons or things and to bring them to the court.
|
| Without Prejudice |
A term used when rights or privileges
are not waved or lost. |
|
