Glossary of Legal Terms A-H

You can find the meaning of other words in a dictionary. Some dictionaries are on the Internet. You can find several at: Librarians' Index to the Internet

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A
abrogate: To abolish or annul a former law by legislative act or constitutional authority.
abstract: A summarized record of the actions taken by a court or other governmental agency.
abstract of judgment: Summary of the final decision of a court. May be filed with the county recorder to serve as a lien.
accomplice: A person who knowingly and willingly assists the principal offender in the commission of a crime.
accrual: Sum of child support payments that are due or overdue.
accused: A person or persons against whom a criminal proceeding is initiated. (See also defendant.)
acknowledgment: The act of declaring, testifying, or certifying that something is genuine. This can be done orally or in writing.
acquittal: The legal finding by a judge or jury that the accused is not guilty.
action: A court proceeding when one party prosecutes another for the protection or enforcement of a right, the prevention or correction of a wrong, or the punishment of an offense.
active status: The status of a case when it is within a court's control for purposes of disposition. (See also disposition, pending.)
ad hoc vice: The status of an attorney not licensed in California who is allowed to practice in the state for only a single case.
adjournment: The act of postponing a court session to another time or place.
adjudicate: To exercise judicial authority in settling a legal dispute.
adjudication: The judgment or decision of the court or jury regarding a case or cause of action.
ad litem: For the purpose of the suit; from the Latin for "for the suit."
administrative procedure: Method by which support orders are made and enforced by an executive agency rather than by courts and judges.
admission: The voluntary acknowledgment that certain facts (which are, of themselves, insufficient to be considered confessions of guilt) do exist or are true. (Compare confession.)
admonish: To warn, advise, or scold.
admonition to jury: A statement given by a judge to a panel of jurors advising them of (1) their duty and expected conduct as jurors, (2) the admissibility or nonadmissibility of evidence, and (3) the purpose for which admitted evidence may be considered.
adoption: The judicial act creating a legal parental relationship when no biological relationship exists.
adverse witness: A person called to testify by the other side of the litigation.
affidavit: A written statement of facts sworn to under oath in the presence of someone legally authorized to administer it, e.g., judge, notary public.
affirm: To make a solemn declaration or oath (used when a person does not want to swear to the truth of something).
affirmation: A finding by an appellate court that the judgment of a lower court is correct and should stand.
affirmative defense: A defense which serves as a basis for providing some new fact; in such a defense, defendant does not simply deny a charge, but offers new evidence to avoid judgment against him or her; defendant must raise the defense in the answer and has the burden of proof on defense.
Aid to Families With Dependent Children (AFDC): Former federal entitlement program that made public assistance payments on behalf of children who did not have the financial support of one of their parents by reason of death, disability, or continued absence from the home; replaced with Temporary Aid for Needy Families (TANF).
alimony: Court-ordered support of a spouse or ex-spouse. (See also spousal support.)
allegation: A statement or assertion made without proof.
allege: To state, assert, or charge that something is fact although it has not yet been proven so.
amend: To add to or alter a pleading that has been filed.
amicus curiae: A person invited to advise a court on a matter of law in a case to which he or she is not a party; from the Latin for "friend of the court."
annulment ("nullity of marriage"): A legal action that says your marriage was never legally valid because of unsound mind, incest, bigamy, being under the age of consent, fraud, force, or physical incapacity.
anonymous: When someone's identity is kept unknown.
answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for his or her defense.
appeal: A request made after a trial by a party who has lost on one or more issues that a higher (appellate) court review the trial court’s decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant"; the other party is the "appellee."
appearance: The formal act of presenting oneself physically to the jurisdiction of a court; a document identifying representing counsel.
appellant: A person who appeals a judgment of a court.
appellate: About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.
appellate court: A court having jurisdiction to review the law as applied in a prior determination of the same case.
appellee: A person who responds to an appeal to a higher court brought by the appellant.
arbitration: A process in which a neutral person or persons reviews evidence, hears arguments, and renders a decision regarding a dispute. (Compare mediation, neutral evaluation.)
arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
arrearage: Past due, unpaid child support owed by the noncustodial parent. If the parent has arrearages, he or she is said to be "in arrears."
arrest: The legal apprehension of a person charged with a crime.
ascertained: Determined; proved to be true.
assault: A threat or attempt to do bodily harm that falls short of actual battery; may or may not include physical violence. (See also battery.)
assignment: The act of selecting for a duty or purpose. Generally used in one of the following contexts: (1) Cases -- refers to a court's use of a calendar system to assign cases to judges; (2) Counsel -- refers to the appointment of attorneys for juveniles, conservatees, and indigent criminal defendants; and (3) Judges -- refers to the function performed by the Administrative Office of the Courts in assigning judges to various courts to handle vacancies caused by disqualification, vacations, illness, etc., or to help reduce the number of cases pending in a court.
assignment of support rights: The legal procedure by which a person receiving public assistance agrees to turn over to the state any right to child support paid by the noncustodial parent in exchange for receipt of a cash assistance grant and other benefits. States can then use a portion of this child support to defray or recoup the public assistance expenditure.
at-issue memorandum: A document filed by one or more parties in a civil case indicating the case's readiness to be set for trial. (See also memorandum to set.)
attachment: (1) Document attached to court papers to provide additional information; (2) mode of collecting judgment by taking property by court order.
attorney: A person qualified to represent clients in a court of law and to advise them on legal matters. (See also counsel, lawyer.)
attorney of record: An attorney whose name is in the permanent case record as representing a party in an action.
audit: An official examination of records or accounts to check their accuracy and completeness.
automated administrative enforcement of interstate (AEI) cases: Provision in the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) giving states the ability to locate, place a lien on, and seize financial assets of delinquent obligors across state lines.
automated voice response (AVR) system: Telephone system that makes frequently requested information available to clients over touch-tone telephones

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B
backlog: A total inventory of cases that have not reached disposition within mandated time frames.
bail: Security (usually in the form of money) given for the release of a criminal defendant or witness from legal custody to secure his or her appearance on the day and time set by the court.
bail bond: A document purchased from a bondsman that is given to the court instead of money for bail. Once signed by the defendant, he or she is released from custody on the condition that the amount stated on the bail bond will be forfeited should the defendant not appear in court at the required time.
bail exoneration: The refund of a bail deposit to the depositor or the release of his or her liability to a surety company.
bail forfeiture: The retention by court order of a bail deposit for failure to appear in court at an appointed time.
bail notice: A document produced by the court stating that unless a defendant appears in court or posts bail, a warrant for arrest will be issued.
bail receipt: A written statement given to a defendant by the court proving that a bail deposit has been received.
bail schedule: A listing of the recommended amount of bail for specific charges. For misdemeanors, the bail generally refers to traffic fines that are standardized statewide. In criminal cases, the bail generally refers to the amount set at the discretion of the court to secure a defendant's release from custody.
bailiff: A court attendant assigned by a sheriff, marshal, or constable to provide security to the court.
bank levy: Enforcement of a judgment against the judgment debtor's checking or savings account at a bank, savings and loan association, thrift institution, or credit union.
bankruptcy: A legal process by which persons or businesses that cannot pay their debts can seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, usually by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
bar: The whole body of lawyers qualified to practice law within a defined geographical area.
battery: Any unlawful beating or other wrongful physical violence or constraint inflicted on a person without his or her consent. (Compare assault.)
behavior intervention plan: A plan developed by a local educational agency (LEA), as part of the individualized education program (IEP) process, to bring about positive behavioral changes for students who engage in self-injurious, assaultive, or destructive behaviors.
bench: (1) The actual physical desk where a judge sits in court; (2) the body of judges referred to as a whole or individually.
bench trial: Trial without a jury in which a judge decides which party prevails.
bench warrant: A written order issued by the court from the judge (or "bench") commanding a person's arrest. (See warrant, writ.)
bind: To create a legal obligation upon oneself or another.
bind over: A finding at a preliminary examination in a trial court that sufficient evidence exists against the defendant to require a trial.
blood test: A chemical analysis of a blood sample from a person to (1) determine the percentage of a foreign substance in the bloodstream, or (2) determine parentage of a child. (See also genetic testing.)
bona fide: Made without fraud or deceit; sincere, genuine; from the Latin for "in or with good faith."
bond: A deed or instrument that binds, restrains, or obligates a person. In the courts, a bond is a written statement that obligates one person to pay a specified amount of money to another person.
book (booking): A process performed by police at the time of arrest that involves fingerprinting, photographing, and writing down personal data about a suspect.
breath test: A chemical analysis of someone's breath to determine the percentage of alcohol fumes present.
brief: A written statement submitted by each party in a case that explains why the court should decide the case, or particular issues in a case, in that party’s favor.
burden of proof: The duty of a party to produce the greater amount of evidence on a point at issue in a case.

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C
calendar: An alphabetical, categorized list of each case to be heard in each courtroom every day. To calendar something means to assign a day, time, and courtroom to a case.
California Rules of Court: The rules that regulate the practices and procedures in state court.
CALJIC: California Jury Instructions, Criminal.
capital case: A criminal case in which death may be the punishment.
capital offense: A crime punishable by death.
caption: A heading on all pleadings submitted to the court. It states information such as the case name, court, and case number.
case: A lawsuit; also used to describe any complaint filed in the criminal, traffic, or civil division of a court.
case file: The folder that contains the official court documents for a specific case.
caseflow management: The process of effectively managing cases from initial filing through final disposition.
case ID: Unique identification number assigned to a case.
case law: Law established by the history of judicial decisions in cases.
caseload: The number of cases a judge handles in a specific time period.
case number: Number assigned by the court clerk's office to identify a particular case. This number appears on all other documents filed in the case.
cause of action: The charges (or "counts") that make the basis for a case or lawsuit.
caveat emptor: A doctrine specifying that purchasers do so at their own risk; from the Latin for "let the buyer beware."
certification: A written order by a judge that transfers a criminal case to another court in a different jurisdiction.
certified copy: An official copy of a particular document from a case file that is notated as a true, complete, and authentic representation of the original document.
challenge: The right of a party to object to or dispute something in a legal proceeding.
challenge for cause: Reasons given by an attorney to support a request that a potential juror or judge be removed from service on a particular case. (Compare peremptory challenge.)
chambers: A judge’s office, typically including work space for the judge’s clerks.
change of venue: The transfer of a civil or criminal case from one judicial district to another. (See also venue.)
charge: In criminal law, the formal statement of each accusation against a defendant. (See also count.)
chattel: An article of personal property.
child support: Financial support paid by a parent to help support a child or children.
Child Support Enforcement (CSE) Agency: Agency that exists in every state and locates noncustodial parents (NCPs) or putative fathers (PFs); establishes, enforces, and modifies child support; and collects and distributes child support money. Also known as an "IV-D Agency." (See also IV-D.)
citation: An order or summons notifying a defendant/respondent of the charges being made and commanding the defendant to appear in court and/or post bail.
cited: A condition in which a defendant is not in custody but has signed a citation agreeing to appear in court on a specified day.
citing authority or agency: A court-related agency, such as city police or the California Highway Patrol, that has the power to arrest persons for violations of the law.
civil case: An action brought by a person or party to recover property, to force someone to honor a contract, or to protect one's civil rights.
civil jurisdiction: The authority, capacity, power, or right of a court to hear noncriminal matters.
civil process: Documents that either notify the parties involved that a civil case is in progress or try to force a judgment of the issues involved.
claim splitting: Dividing a civil claim and filing two lawsuits to stay below the limits on amounts of claims. Claim splitting is prohibited in most cases.
clerk of court: An officer appointed by the judges of the court to assist in managing the flow of cases through the court, maintain court records, handle financial matters, and provide other administrative support.
code of law: A publication that contains the laws regarding general legal topics; e.g., the Code of Civil Procedure, the Civil Code, the Vehicle Code, the Penal Code, the Health and Safety Code.
codicil: A supplement or amendment to a will.
commissioner: A person appointed by the court who is given the power to hear and make decisions concerning certain limited legal matters.
commit: To do or perform something "to commit a crime." To turn a party over to a sheriff's custody. To send a person to jail by means of court order or other lawful authority.
commitment order: A court order directing that a person be kept in custody, usually in a penal or mental institution.
common barratry (also barretry): The offense of equally exciting and stirring up quarrels and suits; initiating groundless judicial proceedings.
common law: The body of law derived from judicial decisions, rather than from statutes or constitutions.
compensatory damages: The amount of money to be paid by one person to another that covers only the actual cost or equivalent cost of the wrong or injury caused. (See also damages.)
competence order: An order from a superior court finding a defendant mentally competent to stand trial and directing the trial court to proceed with criminal case processing.
complainant: Person who seeks to initiate court proceedings against another person. In a civil case the complainant is the plaintiff; in a criminal case the complainant is the state.
complaint: A written statement filed by the plaintiff that initiates a civil case, stating the wrongs allegedly committed by the defendant and requesting relief from the court. Sometimes called the initial pleading or petition.
compulsory: Compelled; mandated by legal process or by statute.
concurrent sentences: Sentences served at the same time, e.g., concurrent sentences of 10 years and 5 years equal a total of 10 years served. (Compare consecutive sentences.)
confession: A statement by a person, either oral or written, admitting that he or she committed a certain offense. (Compare admission.)
confidential record: Any information introduced into a court proceeding that is not available to the general public. (See also public record, sealed record.)
conform copies: To receive or endorse-file copies of an original document.
consecutive sentences: Two or more sentences served continuously, one right after another, e.g., consecutive sentences of 10 years and 5 years equal a total of 15 years served. (Compare concurrent sentences.)
conservatee: A person who is unable to care for himself or herself and who has a court-appointed caretaker.
conservator: A person appointed by the court to take care of a conservatee and/or the property of one who is unable to care for himself or herself.
conservator of the estate: A person or organization appointed by a judge to manage the financial affairs of a person whom a judge has decided is unable to do so (the conservatee).
conservator of the person: A person or organization appointed by a judge to arrange for the personal care and protection of a person whom a judge has decided is unable to do so (the conservatee).
consolidation of actions: The grouping of multiple cases involving the same parties. (Compare coordination of cases.)
Constitution: The fundamental law of our nation that establishes the conception, character, and organization of its sovereign power and the manner of its exercise. Also, the document that contains the guiding rules and principles, the descriptions of the power of the government, and the essential rights of the people of a country or state or other governing collective.
Consumer Credit Protection Act (CCPA): Federal law that limits the amount that may be withheld from earnings to satisfy child support obligations. States are allowed to set their own limits provided they do not exceed the federal limits.
contempt: An act or omission that obstructs the orderly administration of justice or impairs the dignity, respect, or authority of the court. May be demonstrated in behavior that shows intentional disregard or disobedience of a court order, either of which may be punishable by fine or imprisonment.
contested: A kind of case in which evidence is introduced by both parties.
continuance: The postponement of an action pending in a court to a future date. (See also adjournment; compare recess.)
continued: Postponed.
continuing exclusive jurisdiction: The doctrine that only one support order should be effective and enforceable between the same parties at any one time and that when a particular court has acquired jurisdiction to determine child support and custody, it retains authority to amend and modify its orders therein. The court of continuing exclusive jurisdiction (CCEJ) continues to have jurisdiction over a support issue until another court takes it away. Defined in the Uniform Interstate Family Support Act (UIFSA). (See also Uniform Interstate Family Support Act.)
contract: (1) An agreement between two or more persons that creates an obligation to do or not to do a particular thing; (2) an agreement between two or more persons that creates, changes, or eliminates a legal relationship.
convey: To transfer title to property; to make known or communicate.
conviction: A judgment of guilt against a criminal defendant.
conviction: The determination of guilt based on a plea, a jury verdict, or a finding of a judicial officer.
coordination of cases: The assignment of multiple cases with similar charges or issues to a single jurisdiction within the state to ensure consistent disposition. (Compare consolidation of actions.)
coram nobis: Refers to a writ used to bring errors of fact to the attention of the court for the purpose of having the court's judgment set aside; from the Latin for "before us, in our presence."
costs: (1) Certain fees and charges a party pays to file and present a case or to enforce a judgment; (2) an award of money for expenses in a civil suit.
counsel: One or more lawyers who represent a client; also legal advice. (See attorney.)
count: Each distinct statement of a cause of action. (See also charge.)
counterclaim: An independent cause of action by one party (either a plaintiff or a defendant) that opposes or offsets a previous claim made by the other party. (Compare cross-complaint/cross-claim.)
court: A judge or body of judges whose task is to hear cases and administer justice. (See also bench.)
court order: A legally binding edict issued by a court of law. Can be issued by a magistrate, judge, or properly empowered administrative officer.
court reporter: A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand, or an audio recording device, and then produces a transcript of the proceedings upon request.
court stamp: An embossed seal press or stamp that prints or embosses a seal on court documents that will reproduce legibly in photocopies and may include the name of the judicial district or consolidated city and county upon it.
court trial: A trial without a jury in which a judicial officer determines both the issues of fact and the law in the case.
courtesy notice: A computer-generated notice, generally sent for traffic violations, to advise a defendant of a court appearance date, bail information, etc.
crime: An act committed or omitted in violation of a law that forbids or commands it and which, upon conviction, results in a sentence of either one or a combination of the following punishments: (1) death; (2) imprisonment; (3) fine; (4) removal from office; (5) disqualification to hold and enjoy any office of honor, trust, or profit. (See also public offense.)
criminal: One who has been convicted of a felony or a misdemeanor.
criminal case: A case which arises out of a crime.
cross-complaint/cross-claim: A claim litigated by codefendant(s) or coplaintiff(s) against each other. (Compare counterclaim.)
cross-defendant: The person named as the defendant in a cross-claim.
cross-examination: The testimony given by a witness when questioned by opposing counsel at a trial, hearing, or deposition.
custodial party: The person who has primary care, custody, and control of the child(ren).
custody: (1) Being under the restraint and physical control of the court to ensure appearance in court or the imprisonment of an accused after a criminal conviction; (2) the primary care and control of children.
custody list: A daily list provided by the county jail through the marshal's office giving the court the names of people in custody in various detention facilities who have to appear for hearings during the day. May also be called transportation list.
custody order: Legally binding court order that establishes with whom a child shall live and who should make decisions about health care, education, and other key issues.

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D
damages: An award of money paid by the losing party to the winning party to compensate for losses or injuries incurred. Can be compensatory, i.e., money paid as compensation for the actual cost of an injury or loss; or punitive/exemplary, i.e., an amount of money greater than the actual damages suffered that serves as punishment for willful or malicious acts by a defendant.
decedent: In criminal law, refers to the victim of a homicide; in probate matters, refers to a dead person.
decision: A judgment or decree issued by the court which settles a controversy. (See also decree, judgment.)
declaration: In the law of evidence, a sworn statement evidencing, supporting, or establishing a fact in writing made by a person and which is certified or declared under penalty of perjury to be true and correct. All declarations must be dated and signed by the declarant (i.e., the person making the statement) and must show the place of execution and either name the state in which the document was executed or indicate that the declaration was made under the laws of the State of California.
decree: A court decision that can be either (1) interlocutory, i.e., a preliminary finding before final disposition, or (2) final, i.e., a final judgment in which all issues of a case are settled.
deem: To consider or be of an opinion, e.g., to deem it necessary.
defamation: The offense of injuring a person's character, fame, or reputation by false and malicious unprotected statements.
default: The failure of a defendant to file an answer or appear in a civil case within the prescribed time after having been properly served with a summons and complaint.
default judgment: A judgment made in favor of the plaintiff because of the defendant’s failure to answer or appear to contest the plaintiff's claim.
defendant: In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.
defense: The defendant's facts or arguments that demonstrate why the plaintiff is not entitled to the relief requested in a civil case or why a defendant in a criminal case should not be convicted of the charge(s).
defense attorney: In criminal proceedings, refers to the attorney representing the accused.
deferred fine: When payment of a fine is postponed until a later date; sometimes referred to as a "fine stay."
delay reduction: Court management of cases to reduce unacceptably long periods of time in which there is no action in case processing.
delete: To omit, leave out, or remove.
deliberate: To consider all of the evidence and arguments presented in regard to a particular matter.
deliberations: This is when a jury goes into the jury room to think about and discuss evidence and testimony to reach a verdict in a civil or criminal case.
delinquent: A minor who has committed an act that would be a crime if it were committed by an adult.
demurrer: The pleading of a defendant stating that, although the facts presented by a plaintiff may be true, as set forth they are insufficient to prove the defendant's legal responsibility or obligation.
de novo: Trying a matter again as if it had not been heard before; from the Latin for "about the new."
dependent: In family law, refers to a person, usually a child, who is financially supported by another person. In juvenile law, refers to a minor who is in the custody of the court because he or she has been abused, neglected, or molested or is physically dangerous to the public due to a mental or physical disorder.
deposition: Testimony, either written or oral, given under oath before an authorized third party. A deposition is given outside of court for the purpose of preserving testimony, or obtaining testimony from a witness living at a distance, and to aid in the preparation of pleadings. (See also discovery.)
detention: Temporary custody of a person while the court forms a final decision or opinion.
determination: A judgment or decision by the court ending a lawsuit or controversy.
deuce: Colloquial term for driving under the influence of an intoxicating drug or beverage.
dictum: A portion of a cited case that is relevant but not necessary to the case determination.
direct examination: Questioning of a witness in court by the party on whose behalf the witness was called to testify. (Compare cross-examination.)
direct income withholding: A procedure whereby a court's income withholding order for support can be sent directly to the obligor's employer in another state without the need to go through the IV-D agency or court system in that state. This order triggers withholding unless the obligor contests, and no pleadings are required. (See also income withholding, wage withholding, obligee, obligor.)
disbursement: Distribution of money the court receives through fines or bail to the persons who should receive the money, as dictated by legal codes.
discovery: The gathering of information (facts, documents, or testimony) before a case goes to trial. Discovery may take the form of depositions, interrogatories, or requests for admissions, or it can take place more informally through independent investigation or conversations with opposing counsel.
dismiss with prejudice: To dismiss the present action and deny the right to file another suit on that claim.
dismiss without prejudice: To dismiss the present action but leave open the possibility of another suit on the same claim.
disposable income: The portion of an employee's earnings that remains after deductions required by law (e.g., taxes) and that is used to determine the amount of an employee's pay subject to a garnishment, attachment, or child support withholding order.
disposition: The final decision by the court in a controversy.
disqualification: Refers to the disqualification (usually voluntary) of a judge from hearing a case, generally based on any interest that may impair the judge's ability to decide the case in a fair and impartial manner.
dissolution: A marriage that is ended by a judge's decision. This is also known as a divorce. (Compare nullity.)
diversion: An alternative sentence (rather than jail) in which a defendant is supervised by a probation officer while attending a rehabilitation program so that upon successful completion the charges are dismissed without adjudication. (Compare electronic surveillance, home detention.)
divorce: A common name for a marriage that is legally dissolved.
docket: A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
due process: The regular course of administration of law through the courts. A constitutional guarantee of due process requires that every person have the protection of a day in court, representation by an attorney, and the benefit of procedures that are speedy, fair, and impartial.

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E
electronic funds transfer (EFT): Process by which money is transmitted electronically from one bank account to another.
electronic surveillance: Use of an electronic device to monitor the whereabouts and restrict the activities of a sentenced party in lieu of having the party serve time in jail. (See also home detention.)
eminent domain: The right of the state to take private property for public use after providing fair compensation to the owner.
en banc: "On the bench" or "as a full bench." Refers to court sessions where the entire membership of a court participates rather than the usual number. U.S. circuit courts of appeals, for example, usually sit in panels of three judges, but all the judges in the court may decide certain matters together. They are then said to be sitting "en banc" (occasionally spelled "in banc").
endorse: To sign one's name on a document to authorize its content or transfer.
endorsed-filed copies: Copies of documents that are stamped on the top right corner upon filing. Compare to certified copies, which have been certified by the court clerk as being identical to the original.
enforce: To put a judgment into effect by taking legal steps to bring about compliance with it.
enjoin: To command or require; to order that something be stopped.
equitable: (1) Describes civil suits in "equity" rather than in "law." In English legal history, courts of "law" could order only the payment of damages. A separate court of "equity" could order someone to do something or to stop doing something. (See also injunction.) In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still important. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. (2) To deal fairly and equally with all concerned. This implies not only a fair or just determination on legal grounds, but also a judgment guided by common-sense notions of fairness and justice.
equity: A system supplemental to the law embodying principles of what "is fair and right."
establishment: The process of proving paternity and/or obtaining a court or administrative order to put a child support obligation in place.
estoppel: An act or statement that precludes a person from later making claims to the contrary
et al.: The Latin phrase for "and others." Refers to additional parties not included in the formal name of a court case.
et ux.: The Latin phrase for "and wife."
eviction: (See unlawful detainer.)
evidence: Any type of proof that is legally presented at trial through witnesses, records, and/or exhibits.
execute: (1) To carry out all terms of a contract. (2) To kill.
executor: A person named in a will to carry out the will's directions and requests, usually under the supervision of the probate court. The executor's main responsibilities include taking care of the estate, paying the decedent's debts and estate taxes, and distributing the decedent's money and other property as directed by the will.
exhibit: A document or material object produced and identified in court for the purpose of introducing it as evidence in a case. Each of these documents or objects is ordinarily given an identifying letter or number in alphabetical or numerical sequence before it is offered as evidence.
exonerate: To clear from blame or to relieve from responsibility.
exonerate bail: Money or property returned by the court to the defendant or bondsman. (See also bail exoneration.)
ex parte: The Latin phrase for "from one side only," e.g., ex parte hearings at which only one side in a lawsuit appears and argues the case.
expulsion: To force a student to leave school.
expunge: To strike out or erase.
extradition: The formal process of delivering a person apprehended in one state to the authorities of the state in which that person has been accused or convicted of a crime.

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F
family law court: A type of court that hears matters related to dissolution of marriage, legal separation of spouses, nullification of marriage, child custody and support matters, and domestic violence petitions.
Family Violence Indicator (FVI): A designation used in the Federal Case Registry (FCR) to identify a participant in a case or an order by a state that indicates a person is associated with child abuse or domestic violence. It is used to prevent disclosure of the location of a parent and/or a child believed by the state to be at risk of family violence.
FAPE: Free, appropriate public education.
Federal Case Registry (FCR) Child Support: A national database of information on individuals in all IV-D cases and all non-IV-D orders entered or modified on or after October 1, 1998.
Federal Employer Identification Number (FEIN): Unique nine-digit number assigned to all employers by the Internal Revenue Service (IRS), which must be used in numerous transactions, including submitting data and responding to requests relevant to child support.
Federal Parent Locator Service (FPLS): A computerized national location network and database operated by the federal Office of Child Support Enforcement (OCSE) of the Administration for Children and Families (ACF). FPLS obtains address and employer information, as well as data on child support cases in every state, compares them, and returns matches to the appropriate states. This helps state and local child support enforcement agencies locate noncustodial parents and putative fathers in order to establish custody and visitation rights, establish and enforce child support obligations, investigate parental kidnapping, and process adoption or foster care cases.
federal question jurisdiction: Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.
Federal Tax Refund Offset Program: Program that collects past due child support amounts from noncustodial parents through interception of their federal income tax refunds or administrative payments such as federal retirement benefits.
fee: A fixed monetary charge for service rendered.
fee waiver: Permission not to pay filing fees is given to some people with very low incomes. You can get fee waiver forms from the court clerk.
felony: A criminal offense punishable by death or by imprisonment for more than one year in a prison. (Compare infraction, misdemeanor.)
fiduciary: A person who acts as a trustee or primarily for another person's benefit. As an adjective rather than a noun, fiduciary means something based on a trust or confidence. (See also trustee.)
file: To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
filed-stamped: See endorsed-filed copies.
filing a form: Court forms are only considered "filed" when they are stamped by the court clerk. You can either take your forms to the clerk's office to be stamped or mail them in.
filing fees: Money paid to the court to start a civil case.
finding: A determination of fact by a judicial officer or jury.
fine: A sum of money a person must pay as punishment because of an illegal act or omission.
fix-it ticket: Colloquial term for a traffic citation issued due to a malfunction on a vehicle, e.g., a broken taillight. The citation requires the owner to correct the defect and have the ticket signed by a law enforcement officer following the correction.
foreperson: At the beginning of deliberations, the jury votes to select one of its members to be the foreperson. The jury foreperson's duty is to see that discussion during deliberations is carried on in a free and orderly manner, that the case and issues are fully and freely discussed, and that every juror is given a chance to participate in the discussion. As the deliberations conclude, the foreperson counts the votes and completes and signs the verdict form.
forfeiture: The loss of money or property resulting from failure to meet a legal obligation. (See also bail forfeiture.)
foster care: A federal-state program that provides financial support to a person, family, or institution that is raising a child or children who are not its own. (See also IV-E and IV-E case.)
fraud: An intentional deception that financially injures another person(s) in any way.
fugitive: A person who runs away or tries to escape custody.
full faith and credit: Doctrine under which a state must honor an order or judgment entered in another state.

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G
garnishment: A legal process under which part of a person's wages and/or assets is withheld for payment of a debt. This term is usually used to specify that an income or wage withholding is involuntary. (See also direct income withholding, income withholding, wage withholding.)
general plan of conservatorship: The conservator's formal plan for meeting the conservatee's personal and financial needs. This plan must be filed with the court within 90 days after the conservator has been appointed by the court. Both conservators of the person and conservators of the estate must prepare and file general plans.
genetic testing: Analysis of inherited factors to determine legal fatherhood ("or paternity"). (See also blood test.)
good cause: A good reason. For example, a party must have good cause (better than not having a car or not being able to find a baby-sitter) for not attending a court hearing.
grand jury: A body of 16 to 23 citizens who listen to evidence of criminal allegations presented by prosecutors and determine whether there is probable cause to believe an individual committed an offense. (See also indictment.)
guarantor: One who promises to be responsible for the debt or default of another.
guardian ad litem: A court-appointed adult who represents a minor child or legally incompetent person. (See also ad litem.)
guardianship: A California court proceeding in which a judge appoints someone to care for a person under 18 years of age or to manage the minor's estate, or both. In some states, conservatorship of an adult is called guardianship, but not in California.
guidelines: In family law, a standard method for setting child support obligations based on the income of the parent(s) and other factors determined by state law. The Federal Family Support Act of 1988 requires states to use guidelines to determine the amount of support for each family unless a written finding has been issued stating that applying the guidelines would be inappropriate to the case.
guilty: Finding that a defendant committed a criminal violation.
guilty plea: A formal admission of guilt to an offense charged in a criminal complaint, information, or indictment.

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H
habeas corpus: The name of a writ used to bring a person before a court or judge for determination of whether that person is being unlawfully denied his or her freedom; from the Latin for "You have the body."
hearing: A formal court proceeding with all parties in a case present, but without a jury.
hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
heir(ess): A person who inherits or receives property from someone who has died.
held to answer: A finding at a preliminary examination in a trial court that sufficient evidence exists against the defendant to require a trial. (See also bind over.)
holding cell: A cell within a courthouse where prisoners are held in custody before and after their court appearance.
home detention: Use of an electronic device to monitor the whereabouts and restrict the activities of a sentenced party in lieu of having the party serve time in jail. (See also electronic surveillance.)
homicide: The killing of one human being by the act, procurement, or omission of another (not necessarily a crime; see following). Can be (1) excusable, i.e., resulting from a lawful act when no hurt is intended or from an act of self-defense; (2) felonious, i.e., resulting from any wrongful act without any excuse or justification in law; or (3) justifiable, i.e., resulting from 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 program, run under the direction of the probation department, that accepts people who are low risk or who are nonhabitual offenders.

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