Glossary of Legal Terms I-M

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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I

IEP: Individualized education program, designed to address the exceptional educational needs of public school students who are eligible for special education services.
illegal parking: Violation of any parking regulation established by state statute or local ordinance.
immunity: A right of exception from duty or penalty (See also privilege.)
impeachment: (1) The process of calling a witness’s testimony into question. For example, if the attorney can show that the witness may have fabricated portions of his or her testimony, the witness is said to be "impeached"; (2) the constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high 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 in reference to objects or animals rather than people.
inactive case: A pending case that has been filed but for some reason cannot be processed by the court.
in camera: A hearing held in judge's chambers or in a court with all spectators excluded; from the Latin for "in chamber."
incarcerate: To confine to a jail.
income: Any periodic form of payment to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability, pension or retirement program payments, and interest.
income withholding: Procedure by which automatic deductions are made from wages or income to pay a debt such as child support. Income withholding often is incorporated into the child support order and may be voluntary or involuntary. (See also direct income withholding, wage withholding.)
incriminate: To hold another or oneself responsible for criminal misconduct.
indemnity: An obligation to provide compensation for a loss, injury, or damage.
indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
indigent: Generally, this term defines a person who is poor, needy, and has no one to look to for support.
in forma pauperis: Permission given by the court to a person to file a case without payment of the required court fees because the person cannot afford to pay them; from the Latin for "in the manner of a pauper."
information: A written accusation charging a person with a crime that is presented by a prosecuting officer under oath of office rather than produced by a grand jury. (See indictment.)
infraction: A minor violation of a law, contract, or right that is not a misdemeanor or a felony and that cannot be punished by imprisonment. (Compare felony, misdemeanor.)
initiating jurisdiction: The state or county court, or administrative agency, that sends a request for action to another jurisdiction in interstate child support cases.
injunction: A court order either prohibiting a defendant from performing a specific act or compelling a defendant to perform a specific act. (Compare enjoin, restraining order.)
in limine: Latin for "at the beginning" or "at the threshold," such as a motion in limine at the beginning of trial to request that certain evidence be excluded.
innocent: Found to be not guilty of criminal charges; acquitted. (See also acquittal.)
in propria persona: A case in which a party represents himself or herself without an attorney; same as "in pro per"; from the Latin for "in one's own proper person." (See also pro per, pro se.)
inquest: A legal inquiry, before a court of law or other officers legally empowered to hold inquiries, usually to determine 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.
instructions 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.)
intercept: A method of securing child support by taking a portion of nonwage payments made to a parent who owes support. Nonwage payments subject to interception include federal tax refunds, state tax refunds, unemployment benefits, and disability benefits.
interpleader: When two or more persons assert a claim to the same thing held by a third party. The third party may compel them to go to trial with each other to arrive at a settlement.
interpreter: A person who has been certified as having the ability to translate, orally or in writing, spoken or sign language to the common language of the court.
interrogatories: Written questions sent by one party in a lawsuit to an opposing party as part of pretrial discovery in civil cases. The party receiving the interrogatories is required to answer them in writing under oath. (See also discovery.)
interstate cases: Cases in which the dependent child and parent who owes support live in different states or where two or more states are involved in some case activity, such as enforcement.
intestate: To die without making a will or leaving instructions for disposal of property after death. (See also testate.)
inventory: (1) A detailed list of property; (2) the number of cases in various stages of the court process.
issue: (1) The disputed point between parties in a lawsuit; (2) to send out officially, as when a court issues an order.
IV-A ("Four-A") case: A child support case in which a custodial parent and child(ren) are receiving public assistance benefits under the state's IV-A program, which is funded under title IV-A of the Social Security Act. Applicants for IV-A assistance are automatically referred to their state IV-D agency in order to identify and locate the noncustodial parent, establish paternity and/or a child support order, and/or obtain child support payments. This allows the state to recoup or defray some of its public assistance expenditures with funds from the noncustodial parent. (See also IV-D, public assistance, Temporary Assistance to Needy Families (TANF).)
IV-D ("Four-D"): Refers to title IV-D of the Social Security Act, which required that each state create a program to locate noncustodial parents, establish paternity, establish and enforce child support obligations, and collect and distribute support payments. All recipients of public assistance (usually TANF) are referred to their state's IV-D child support program. States must also accept applications from families who do not receive public assistance, if requested, to assist in collection of child support.
IV-E ("Four-E"): Refers to title IV-E of the Social Security Act, which established a federal-state foster care program that provides financial support to a person, family, or institution that is raising a child or children not their own. (See also foster care.)
IV-E ("Four-E") case: A child support case in which the state is providing benefits or services under title IV-E of the Social Security Act to a person, family, or institution that is raising child(ren) not their own. As with other public assistance cases, recipients are referred to their state IV-D program in order to identify and locate the noncustodial parent, establish paternity and/or a child support order, and/or obtain child support payments. This allows the state to recoup or defray some of its public assistance expenditures with funds from the noncustodial parent. (See also IV-D.)

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J
jeopardy: Danger to the defendant of possible conviction and punishment. In a criminal proceeding, the defendant is usually said to be "in jeopardy" after the jury has been sworn in and the preliminary hearing has taken place.
joinder: Generally, a coupling or joining together, e.g., plaintiffs joining in a suit or a joining of actions or defense.
judge: An official of the judicial branch with authority to decide lawsuits brought before courts. Used generically, the term "judge" may also refer to all judicial officers, including Supreme Court justices.
judgment: (1) The official decision of a court finally resolving the dispute between the parties to a lawsuit; (2) the official decision or finding of a judge or administrative agency hearing officer concerning the respective rights and claims of the parties to an action; also known as a decree or order and may include the "findings of fact and conclusions of law"; (3) the final decision of the judge stating which party has prevailed and the terms of the decision. Can be n.o.v., i.e., a ruling in favor of one party despite the fact that there had been a verdict for the other party (from the Latin for "notwithstanding the verdict"), or summary, i.e., court's decision prior to a trial directing that the action has no disputed facts and that one party is entitled to judgment as a matter of law. (Compare disposition, verdict.)
judgment creditor: The party (either the plaintiff or the defendant) in whose favor a judgment has been awarded.
judgment debtor: (1) The party (either the plaintiff or the defendant on a defendant's claim) against whom the judgment has been entered; (2) the person who has been ordered by the court to make a money payment as a result of a civil suit.
judicial: Belonging to or appropriate to the office of a judge; relates to the administration of justice.
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, and was established to standardize court administration, practice, and procedure by adopting and enforcing rules.
judicial district: The state is divided into judicial precincts or districts that define the geographical area of each court's authority.
judicial officer: Judges, referees, and commissioners who make decisions as a judge.
judicial positions: The judgeship, referee, and commissioner positions authorized for a particular jurisdiction.
jurisdiction: (1) The legal authority of a court to hear and decide a case; (2) the geographic area over which the court has authority to decide cases; (3) the territory, subject matter, or persons over which lawful authority may be exercised by a court, as determined by constitution or statute.
jurisdictional limit: The maximum monetary amount that may be awarded by the court. The limit is $5,000 for most small claims, but a claimant cannot file more than two small claims court actions for more than $2,500 anywhere in the state during any calendar year.
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 selected according to law and impaneled to determine the issues of fact in a case. Can be: (1) grand, i.e., body of citizens who determine whether probable cause exists that a crime has been committed and whether an indictment should be issued; (2) hung, i.e., a jury that is unable to agree on a verdict after a suitable period of deliberation; (3) petit (or trial), i.e., an ordinary jury for the trial of a criminal or civil action; or (4) special, i.e., a jury ordered by the court, on the motion of either party, in cases of unusual importance or intricacy. (See also grand jury, petit jury.)
jury commissioner: The local official responsible for providing lists of qualified prospective jurors to the court.
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.)
jury roster: A list of all the potential jurors asked to appear before the court for possible selection for service on a jury; the list of jurors impaneled for a case.
juvenile: A person under the legal age of adulthood, usually 18 years but in some instances 21 years. (See also minor.)
juvenile court: That part of the superior court that has jurisdiction over delinquency, status offense, and dependency cases involving minors.

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K
keeper: An officer appointed by the court to negotiate custody of money or property legally seized in connection with a pending case.
keeper levy: A judgment enforcement procedure in which the levying officer takes over the operation of a judgment debtor's business for a limited duration to obtain cash and credit card receipts for payment to the judgment creditor. (See also judgment creditor, judgment debtor.)

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L
laches: Undue lapse of time in enforcing a right of action; negligence in failing to act more promptly.
landlord: An owner, also called "lessor," who rents out real property to a tenant, also called "lessee."
lawsuit: (1) A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, which resulted in harm to the plaintiff; (2) a legal dispute brought to a court for resolution. (See also action, case.)
lawyer: A person qualified to represent clients in a court of law and to advise them on legal matters. (See also attorney, counsel.)
LEA: Local educational agency, usually the local school district, that is responsible for providing mandated special education services to eligible public school students.
lease: An agreement for renting real property. A lease is usually written and for a set term, such as one year. A residential rental agreement can be oral and is presumed to be month-to-month.
legal father: A man who is recognized by law as the male parent of a child.
legal separation: You and your spouse can end your relationship but still remain legally married, and get court orders on parenting and money issues, with a judgment of legal separation.
lessee: (See tenant.)
lessor: (See landlord.)
Letters of Conservatorship: A court document that states that the conservator is authorized to act on the conservatee's behalf. Also called Letters.
levy: To raise, collect, or seize by legal process.
libel: False and malicious written, printed, or published material that is defamatory and injures the reputation of an individual. (Compare slander.)
license hold: The action taken to prevent a driver's license renewal pending settlement of a legal matter.
lien: A claim upon property to prevent sale or transfer of that property until a debt is satisfied. The lien may be enforced or collected by levying on the property. (See also levy.)
limited conservatorship: A conservatorship for developmentally disabled adults.
lis pendens: Jurisdiction of a court over property until final disposition; from the Latin for "a pending suit."
litigants: The parties involved in a lawsuit.
litigate: To conduct or engage in a lawsuit.
litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
long-arm jurisdiction: Legal provision that permits one state to claim personal jurisdiction over someone who lives in another state. There must be some meaningful connection between the person and the state or district that is asserting jurisdiction in order for a court or agency to reach beyond its normal jurisdictional border.
LRE: Least restrictive environment; refers to placement of special education students in a classroom setting as integrated with their mainstream, nondisabled peers as is possible while still meeting their special educational needs.

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M
magistrate: A judicial officer having the power to issue arrest warrants and find probable cause at preliminary hearings. (Compare commissioner, judge, referee.)
maim: To cripple or mutilate in any way; to inflict upon a person any injury that deprives him or her of the use of any limb or member of his or her body; to seriously wound, disfigure, or disable. (See also mayhem.)
malfeasance: Performance of an act that should not have been done at all. (Compare misfeasance, nonfeasance.)
mandatory: Required, ordered.
manifestation determination: Part of a pre-expulsion assessment in which the individualized education program (IEP) team determines whether a special education student's misconduct that otherwise could warrant expulsion is, instead, a direct manifestation of that student's identified disability and, therefore, not something for which the student may be expelled from school.
manslaughter: The unlawful killing of a person without any deliberation. Can be voluntary, i.e., the unlawful taking of human life under circumstances falling short of premeditated intent to kill, or involuntary, i.e., the unintentional taking of human life as a result of performing an unlawful act or negligently performing a lawful act. (Compare murder; see also homicide.)
marshal: A peace officer who has the power to arrest, to serve civil processes and subpoenas, and to act as bailiff in the courtroom.
mayhem: Unlawfully and violently depriving a person of a member of his or her body or disabling, disfiguring, or rendering it useless (includes injury to eyes, tongue, nose, ears, etc.).
mediation: A process in which a neutral person or persons facilitate communication between disputants to assist them in reaching a mutually acceptable settlement. (Compare arbitration, neutral evaluation.)
medical support: Form of child support where medical or dental insurance coverage is paid by a parent. Depending on the court order, medical support can be the parent's sole financial obligation, or it can be one of several obligations with child and/or spousal support being the others.
memorandum to set: A document filed by one or more parties in a court case indicating readiness for trial. (See also at-issue memorandum.)
minor: A person under the age of 18 years. (See also juvenile.)
minute order: An entry made by a court clerk to record a procedure or ruling in the courtroom. Also, an entry to record documents in the clerk's office.
minutes: The official (permanent) record of a court proceeding, e.g., what witnesses appeared, what motions were made, and what findings were reached. (See also transcript.)
Miranda warning: Refers to a United States Supreme Court decision requiring that at the time of arrest and before questioning a person be advised of certain rights against self-incrimination.
misdemeanor: An offense punishable by one year of imprisonment or less. (See also felony.)
misfeasance: Improper performance of an act that might have been lawfully done. (Compare malfeasance, nonfeasance.)
mistrial: A trial that has been terminated and declared void due to prejudicial error in the proceedings or other extraordinary circumstances.
modification: A change or alteration, e.g., modification of sentence (the terms of punishment for a defendant are changed) or of probation order (a second probation order is issued changing the terms of the original order).
money judgment: A specific amount of money awarded to a person as payment for damages suffered.
moot: A point or question open to debate, usually having no practical significance or relevance. A moot point is one not capable of being resolved by a judge, not disputed by either party, or one resolved out of court.
motion: An oral or written request made by a party to the court for a ruling or an order on a particular point. A motion to reduce bail is a request to decrease the amount of bail needed to guarantee that the defendant will appear in court when required. A motion to release on own recognizance is a request to release a defendant without bail, dependent upon agreement to appear when the court so orders. A motion to set is an application made to the judge to set a date for a future trial. A motion to quash is a request to make something void or ineffective, such as to quash a subpoena.
multistate employer: An organization that hires and employs people in two or more states. A multistate employer conducts business within each state and its employees are required to pay taxes in the state where they work.
Multistate Financial Institution Data Match (MSFIDM): Process by which delinquent child support obligors are matched with accounts held in financial institutions doing business in more than one state. States submit data to the Office of Child Support Enforcement (OCSE) on obligor parents and their arrearages. A state can then place a lien on and seize all or part of an account.
municipal court: Prior to the Trial Court Unification Act of 1998, this court was found in judicial districts having more than 40,000 people and was part of the lower court system. The following types of cases were heard in municipal courts: (1) civil suits for damages less than $25,000; (2) all nonjuvenile criminal misdemeanors carrying penalties of not more than one year in county jail or a fine of $2,500; and (3) preliminary hearings in felony cases.
murder: The unlawful killing of a human being by another with premediated malice, either expressed or implied. (See also homicide; compare manslaughter.)

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