Glossary of Legal Terms N-Z

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

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

N
negligence: The failure of a person to use that degree of care in a given situation which by law one is obligated to use in order to protect the rights and property of others.
neutral evaluation: A process in which a neutral, or a panel of neutrals, hears brief written and oral presentations and then assesses the strengths and weaknesses of the disputant's contentions and evidence and offers an overall evaluation of the dispute. (Compare arbitration, mediation.)
new hire reporting: Program that requires all employers to report newly hired employees to the State Directory of New Hires (SDNH) in their state. This data is then submitted to the National Directory of New Hires (NDNH), where it is compared against child support order information in the Federal Case Registry (FCR) for possible enforcement of child support obligations through wage garnishment.
nolo contendere: No contest; from the Latin for "I do not wish to contend." A plea of nolo contendere has the same effect as a plea of guilty as far as the criminal sentence is concerned but may not be considered as an admission of guilt for any other purpose.
noncustodial parent: The parent who does not have primary care, custody, or control of a child. (See also custodial party.)
nonfeasance: Failure to perform an act for which one is legally responsible. (Compare malfeasance, misfeasance.)
nonservice: Status in which a summons or warrant is issued but not served.
notary public: A person authorized under civil law to administer oaths, to attest and certify that certain documents are authentic, and to take depositions.
notice: A written announcement or warning. For example, a notice to an opposing party that on a certain date a motion will be made in court.
nullity: The legal invalidation of a marriage; annulment. (Compare dissolution.)
nunc pro tunc: Used when an order is issued on one date but is effective retroactively; from the Latin for "now for then."

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

O
objection: A formal protest made by a party regarding testimony or evidence sought to be introduced by the other side.
obligation: Law or duty binding parties to follow their agreement. An obligation or debt may be created by a judgment or contract, e.g., child support.
obligee: The person, state agency, or other institution to which a debt such as child support is owed (also referred to as the custodial party when the money is owed to the person with primary custody of the child).
obligor: The person who is obliged to pay child support or perform some other obligation.
offense: An act that violates the law. (See also crime, public offense.)
Office of Child Support Enforcement (OCSE): The federal agency responsible for the administration of the child support program.
offset: Amount of money intercepted from a parent’s state or federal income tax refund, or from an administrative payment such as federal retirement benefits, in order to satisfy a child support debt.
opinion: A judge’s written explanation of the decision of the court in appellate cases. Because a case may be heard by three or more judges in the court of appeals, 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 upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present 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 further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. (See also precedent.)
oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judge's questions.
order: (1) Decision of a judicial officer; (2) a directive of the court, on a matter relating to the main proceedings, that decides a preliminary point or directs some steps in the proceedings. Generally used for invalidating a prior conviction, e.g., an order issued following a hearing in which a prior conviction is found invalid because certain legal standards were not met during the time of trial and conviction; setting a fee, e.g., an order directing a defendant to reimburse the county for costs incurred for a court-appointed attorney; to show cause, e.g., an order to appear in court to give reasons why an action cannot, should not have been, or has not been carried out. (See also court order, support order.)
ordinance: A regulation established by a local government to enforce, control, or limit certain activities.
own recognizance: A condition under which an individual is released from custody upon his or her promise to answer to a criminal charge and is not required to post bail. Failure to return to court when required is a misdemeanor.

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

P
panel: (1) In appellate cases, a group of judges (usually three) assigned to decide the case; (2) in the jury selection process, the group of potential jurors; (3) the list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.
pardon: An act of grace by the chief executive of a state or country that releases a convicted person from punishment imposed by a court sentence.
parole: A conditional release from imprisonment that entitles the person receiving it to serve the remainder of the sentence outside of the prison as long as all conditions of release are met.
party: One of the litigants. At the trial level, the parties are typically referred to as the plaintiff or petitioner and the defendant or respondent. On appeal, they are known as the appellant and appellee.
Passport Denial Program: Obligors with child support arrearages of at least $5,000 that are submitted to the federal Office of Child Support Enforcement (OCSE) for tax refund offset are forwarded to the U.S. Department of State, which "flags" the obligor’s name and refuses to issue a passport in the event they apply for one.
paternity: Legal determination of fatherhood. Paternity must be established before a court can order child or medical support.
paternity suit: A suit initiated to establish the paternity of a child born out of wedlock.
payee: Person or organization in whose name child support or other money is paid.
payor: Person who makes a payment.
penalty: Punishment for violating a law.
penalty assessment: A sum of money added to a fine to offset the costs of some mandated public programs.
pendente lite: Describes orders made during the actual progress of the lawsuit prior to final disposition; from the Latin for "during the suit."
pending: The status of a case that has not yet been disposed of by the court.
peremptory challenge: A challenge, by either the defense attorney or the prosecuting attorney, of a potential juror that usually results in that person's disqualification from jury service and does not require a stated reason for why the challenge is made. The number of peremptory challenges is prescribed by statute. (Compare challenge for cause.)
perjury: A false statement made willfully and knowingly while under oath in a court proceeding.
personal injury: A kind of civil case that includes actions for damages for physical injury to persons and property and actions for wrongful death.
personal jurisdiction: The power of a court over the person of a defendant in contrast to the jurisdiction of a court over the defendant's property.
personal service: Service of court papers by handing a copy to the person who is served. (See also process server.)
petit jury (or trial jury): A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Criminal juries consist of 12 persons in federal court; civil juries consist of at least six persons. (See also jury and grand jury.)
petition: A formal written request presented to the court requesting specific judicial action. (Compare motion.)
petitioner: One who presents a petition to the court.
plaintiff: A person who brings an action; the party who complains or sues in a civil case.
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 prosecutor and the accused to exchange a guilty plea for conviction of a lesser charge, subject to approval by the court.
pleading: (1) Written statement filed with the court that describes a party’s legal or factual assertions about the case; (2) a written statement in which one party responds to another's allegations to narrow the dispute to one or more specific points of difference.
points and authorities: Also referred to as "P's and A's." Points and authorities refers to the written legal argument given to support a request for a motion. It includes references to past cases, statutes, and other statements of law that give added emphasis to the legality of the motion being requested.
polling of jury: A practice in which jurors are asked individually whether they concur with the verdict as rendered.
post: (1) A prefix meaning "after," as in "post-trial" matters; (2) to "post" something is to bring it to the attention of the public, as in "to post a notice of sale."
power of attorney: A person (the "principal") authorizes someone else (the "agent" or "attorney in fact") to take care of business for the principal. A power of attorney authorizes the agent to do whatever is necessary to manage the principal's assets. A limited or special power of attorney can be drawn up to be more restrictive, by setting time limits for the agent to serve, limiting the agent to particular actions, or authorizing the agent to manage just particular assets. There are general powers of attorney, limited or special powers of attorney, and durable powers of attorney. A general or limited power of attorney ends when the principal becomes incompetent. A durable power of attorney stays in effect if the principal becomes incapacitated.
pre: A prefix meaning "in front of" or "before," as in "pretrial" hearing.
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 facts and legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided 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, e.g., a preliminary injunction is one that precedes the issuance of 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 sufficient cause to hold the accused for trial on a felony charge.
presentence report: A report prepared by the probation department for the judge's reference when sentencing defendant. Describes defendant's background: financial, job, and family status; community ties; criminal history; and facts of the current offense. A presentence report is required in felony cases but may or may not be requested in misdemeanor cases.
presiding judge/justice: In a court with multiple judicial officers, the judge/justice who performs the basic administrative functions of managing the court's business.
pretrial conference: A meeting of the judge and lawyers to plan the 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 in which an investigation of a criminal defendant’s background is conducted so a judge may decide whether to release the defendant into the community 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.
privilege: An advantage not enjoyed by all; a special exemption from prosecution or other lawsuits. (See also immunity.)
probable cause: A reasonable basis for assuming that a charge or fact is well founded.
probate: The judicial process in which a document purporting to be the will of a deceased person is proved to be genuine or not; lawful distribution of a decedent's estate.
probate court: The department of each county's superior court that deals with probate conservatorships, guardianships, and the estates of people who have died.
probation: (1) A sentencing alternative to imprisonment in which the court releases a convicted defendant under supervision of a probation officer who makes certain that the defendant follows certain rules, e.g., gets a job, gets drug counseling; (2) 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.
probation report: (See also presentence report.)
pro bono: Legal services performed for free; from the Latin meaning "for the good."
procedure: The rules for conducting a lawsuit. There are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.
proceedings: Generally, the process of conducting judicial business before a court or other judicial officer. A proceeding refers to any one of the separate steps in that process, e.g., a motion, a hearing.
process: A course of proceedings in a lawsuit. Process also can mean a legal document that compels a defendant to answer a complaint filed or to accept a default judgment.
process server: A person who serves court papers on a party to a suit. (See also personal service, service of process, substituted service.)
promissory note: A written document by which one person promises to pay money to another.
pronouncement of judgment: The formal issuance by the judge of a judgment in a case.
proof: Evidence that tends to establish the existence of a fact at issue.
proof of service: The form filed with the court that proves the date on which documents were formally served on a party in a court action.
pro per: An abbreviated form of "in propria persona." Refers to persons who present their own cases without lawyers; from the Latin for "in one's own proper person." (See also pro se.)
pro se: Refers to persons who present their own cases without lawyers; from the Latin for "on one’s own behalf."
prosecute: To charge someone with a crime and then try them for it. A prosecutor tries a criminal case on behalf of the government.
prosecuting attorney: A public officer that prosecutes criminal cases on behalf of the citizenry; sometimes referred to as district attorney.
pro tem judge: An attorney who volunteers his or her time to hear and decide cases. Also called a temporary judge.
pro tempore: A referee or commissioner sitting temporarily and provisionally for a judge; same as pro tem judge; from the Latin for "for the time being" or "temporarily."
proximate cause: That which in natural and continuous sequence, unbroken by any independent cause, produces an event without which an injury would not have occurred.
public assistance: Benefits granted from state or federal programs to aid eligible recipients. Applicants for certain types of public assistance (e.g., Temporary Assistance to Needy Families or TANF) are automatically referred to their state IV-D agency to identify and locate the noncustodial parent, establish paternity, 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 defender: Counsel appointed by the court, primarily to defend indigent defendants in criminal cases.
public offense: A crime. Compare to private or civil wrongs that violate "private laws," e.g., a contract between two parties. The distinction between civil and criminal wrongs is that public offenses focus on the conduct of the offender while the law of civil wrongs focuses on making whole an injured person. (See also crime.)
public record: A court record available for inspection by the general public. (Compare confidential record, sealed record.)
purge: To eliminate inactive case records from court files.
putative father: The person alleged to be the father of a child but who has not yet been medically or legally declared to be the legal father. (See also genetic testing, legal father, paternity.)

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

Q
Qualified Medical Child Support Order (QMCSO): An order, decree, or judgment, including approval of a settlement agreement, issued by a court that provides for medical support for a child of a participant under a group health plan or provides for health benefit coverage to such child.
Qualified Domestic Relations Order (QDRO): An order, decree, or judgment, including approval of a settlement agreement issued by a court and approved by a pension plan, that provides for division of a pension plan to make an equitable property division or payment of child or spousal support.
quash: To make void; to vacate; to annul; to set aside.
quiet title: An action in which the ownership of certain land is in dispute and submitted to the court for determination. To quiet title is to declare that a certain person is the rightful owner of the real property in dispute.

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

R
rap sheet: A summary of a person's criminal history.
rebuttal: Evidence presented at trial by one party intended to overcome evidence introduced by another party.
recess: A brief adjournment in a trial ordered by the judge. (See also adjournment; compare continuance.)
recidivist: Habitual criminal.
reciprocity: A relationship in which one state grants certain privileges to other states or the citizens of other states on the condition that they receive the same privilege.
record: A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.
record on appeal: A copy of the pleadings, exhibits, orders, or decrees filed in a case in a trial court as well as a transcript of the testimony taken in the case.
record sealing: A request for an order by the court to "seal" the record of a misdemeanor conviction. In order to be eligible, the offense must have been committed before a defendant's 18th birthday and a release of penalties order must have been previously granted. A sealing order involves closing all conviction, charge, and arrest records or any other records related to the matter in question. Once an order is made to seal the record, the misdemeanor is deemed to never have happened in the eyes of the law.
records retention and disposal schedule: A system or plan covering all records kept by a court that states what may be disposed of and when.
recuse: To excuse (oneself) or be excused from a criminal or civil proceeding because of conflict of interest. For example, a judge may recuse himself or herself from a small claims case because of personal or professional involvement with one or more of the parties.
referee: A person appointed by the court to hear and make decisions on certain limited legal matters, e.g., juvenile or traffic offenses.
referral: Generally refers to an alternate disposition program, e.g., drug/alcohol rehabilitation.
register of actions: The official permanent court record of actions of civil cases, including small claims. May be kept electronically and/or in ledger form.
reinstated bail: Bail previously forfeited, exonerated, or reduced that is now reestablished in its original amount. (See also bail exoneration, bail forefiture.)
remand: (1) The act of an appellate court sending a case to a lower court for further proceedings; (2) to return a prisoner to custody.
remanding order: An order to the sheriff directing that a defendant be held in custody until his or her next court appearance, pending the posting of bail.
remittitur (of record): The transfer of the records of a case from a Court of Appeal to the original trial court for further action or other disposition as ordered by the appellate court.
report and sentence: The proceeding in a criminal case following conviction in which the judge reviews the probation report and imposes sentence on the defendant.
reporter: A court official responsible for recording the proceedings in trials, including the questions addressed to, and answers made by, witnesses.
request for admission: A method of discovery in which one party formally and in writing asks the opposing party to admit the truth of certain facts relevant to a case. (See also discovery.)
reset: To recalendar or set again. (See also calendar.)
respondent: The person against whom an appeal is made; the responding party in a dissolution, nullity, adoption, or probate matter. (See also dissolution, nullity.)
restitution: The act of restoring or giving the equivalent value to compensate for an injury, damage, or loss.
restraining order: A time-limited court order that directs a person to stop doing something until a formal hearing is held to determine an outcome. (See also injunction.)
revenue: Income received by a public entity to offset the cost of providing service(s).
reverse: When an appellate court sets aside the decision of a trial court. A reversal is often accompanied by a remand to the lower court for further proceedings.
review and adjustment: Process in which current financial information is obtained from both parties in a child support case by a IV-D agency and evaluated to decide if a support order needs to be adjusted.
revocation: The act of voiding or canceling something, usually probation or a driver's license.

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

S
sanction: (1) To concur, confirm, or ratify. (2) A penalty or punishment to enforce obedience to 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 further ordered by the court. (Compare confidential record, public record.)
self-surrender: Voluntary surrender by a party to the jail, police, or the court.
sentence: The formal pronouncement by a court stating the punishment to be imposed on a person convicted of a criminal offense.
sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence in a federal case for a convicted defendant.
sequestration: A sequestered jury is usually housed together in a hotel and prohibited from contacting people outside of the court. Sequestration rarely occurs and is meant for jurors' protection. It is used to keep the jurors away from the media during a controversial trial where widespread media coverage could influence a juror's decision. In rare cases, there may be attempts to influence the jurors' deliberation through threats.
service by publication: Service of process accomplished by publishing a notice in a newspaper or by posting on a bulletin board of a courthouse or other public facility after a court determines that other means of service are impractical or have been unsuccessful. (See also service of process.)
service of process: The delivery of legal documents to the opposing party completed by an adult over the age of 18 who is not a party to the action who swears to the date and method of delivery to the recipient. (See also personal service, substituted service.)
settlement: An agreement reached among the parties that resolves the case at any time before court findings or a jury verdict. (See also finding, verdict.)
severance of actions: To separate multiple criminal actions, defendants, causes of action, or cross-complaints for separate trials.
show cause: A court order directing a person to appear in court and present any evidence why the remedies stated in the order should not be confirmed or executed. A show cause order is usually based on a motion and affidavit asking for the judge to make certain decisions.
sine die: Without assigning a specific day for further hearing; from the Latin for "without a day."
slander: Defamation of a person's character or reputation through false or malicious oral statements. (Compare libel.)
small claims case: A civil case for monetary judgment of $5,000 or less.
small claims court: The division of the trial court that handles civil cases seeking monetary awards of $5,000 or less. The plaintiff has the option of filing a small claims case or a regular civil [limited jurisdiction] case in superior court. Small claims court is designed to be simple, quick, and less costly than a regular civil lawsuit. In small claims court there are no attorneys, no rules of evidence, and no juries. However, the plaintiff has no right to appeal an adverse decision by the judge, but the defendant may appeal. An appeal consists of a new trial before a different judge. Attorneys are allowed to participate in the appeal.
small claims court commissioner: A small claims court commissioner is an attorney hired by the court to hear and decide small claims court cases.
spousal support: Court-ordered support of a spouse or ex-spouse; also referred to as maintenance or alimony.
State Case Registry (SCR): A database maintained by each state that contains information on individuals in all IV-D cases and all non-IV-D orders established or modified after October 1, 1998. (See also IV-D.)
State Directory of New Hires (SDNH): A database maintained by each state, which contains information regarding newly hired employees in the respective state. (See also new hire reporting.)
State Parent Locator Services (SPLS): A unit within each state's Child Support Enforcement Agency that locates noncustodial parents in order to establish and enforce child support obligations, visitation, and custody orders or to establish paternity.
statement of facts: Any written or oral declaration of facts in a court case.
statute: A law passed by Congress or a state legislature.
statute of limitations: A law that sets the deadline by which parties must 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" and the party (Susan, in the example) may be prohibited from bringing a lawsuit; also expressed as the claim being "time-barred." There are very limited conditions under which a statute may be extended or "tolled."
stay order: An order issued by a court halting court proceedings until a further event takes place.
stipulation: An agreement relating to a pending court proceeding between parties or their attorneys.
strike: To delete or remove, as in to strike (a case) from the court's calendar.
sua sponte: Commonly used to describe when a judge does something without being so requested by either party in a case; from the Latin for "of one's own will."
subpoena: An official order to attend court at a stated time. The most common use of the subpoena is to summon witnesses to court for the purpose of testifying in a trial.
subpoena duces tecum: An official order to produce documents or records at a stated place and time.
subrogate: To substitute one person in place of another with reference to a legal claim.
substituted service: Service of process on a party by leaving the court papers with someone other than a party to the lawsuit; valid only if certain specified procedures are followed.
summary judgment: A court decision made on the basis of statements and evidence presented for the record without a trial. It is used when there are no factual disputes to resolve in the case. Summary judgment is granted when, on the undisputed facts in the record, a party is entitled to judgment in their favor as a matter of law.
summons: A notice to a defendant that an action against him or her has been commenced in the court issuing the summons and that a judgment will be taken against him or her if the complaint is not answered within a certain time.
superior court: The trial court of general jurisdiction in each county of the State of California. This court hears all adoption, conciliation, family law, juvenile, criminal, civil, and probate matters.
support order: A judgment, decree, or order, issued by a court for the support and maintenance of a child or spouse. This includes a child who has attained the age of majority under the law of the issuing state or that of the parent with whom the child is living. Support orders can incorporate the provision of monetary support, health care, payment of arrearages, or reimbursement of court costs and attorney fees, interest and penalties, and other forms of relief. (See also noncustodial parent, obligation, obligor.)
suppress: To stop or put an end to someone's activities. To suppress evidence is to withhold it from disclosure or publication.
surety bond: An insurance policy taken out by a defendant with a national insurance company in which the company agrees to pay the county the amount of bail required for the defendant's release should the defendant fail to make court appearances.
surety bond register: A bound, dated volume made available to the public containing information about each surety bond deposited with the court. It is used by surety bond insurance companies and their bail bondsmen to check the status of their outstanding bonds. A company can discover from the register whether or not bonds have been forfeited or exonerated.
surrogate parent: A person who substitutes for the parent in advocating for a child's special educational rights and needs; can be selected by the child's parent or appointed by the local educational agency (LEA).
suspend: To postpone, stay, or withhold certain conditions of a judicial sentence for a temporary period of time.
suspended sentence: In criminal law, this means in effect that the defendant is not required at the time the sentence is imposed to serve the sentence.

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

T
Temporary Assistance to Needy Families (TANF): Time-limited public assistance payments made to poor families, based on title IV-A of the Social Security Act. TANF replaced Aid to Families With Dependent Children (AFDC, otherwise known as welfare) in 1996.
temporary judge: An attorney who volunteers his or her time to hear and decide cases. Also called a pro tem judge.
temporary restraining order: A court order that prohibits a person from taking any action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party and without a hearing. It is intended to last only until a hearing can be held. Sometimes referred to as a TRO. Often used in domestic violence cases to prohibit further violence or threat of violence.
tenancy at will: A right to occupy property for an indefinite term that is created by the owner or person in lawful possession giving permission to another person to occupy the property. Terminating a tenancy at will requires the same legal procedure as terminating a month-to-month tenancy. (See lease.)
tenant: A person who rents property.
terminal: The place or device at which information or data is entered into a computer system or where the computer output is printed or displayed on an electronic screen.
testate: Having made a will or having died leaving a valid will. (See also intestate.)
testator: A person who has made a will or who has died leaving a valid will.
testify: To give evidence under oath as a witness in a judicial proceeding.
testimony: Evidence presented orally by witnesses during trials, before grand juries, or during administrative proceedings.
third-party action: Generally, an action taken by anyone who is not a party to an underlying contract, agreement, or other transaction.
third-party claim: An interest or share in property that has been seized by order of a court.
ticket: A citation, usually for a traffic violation.
time waiver: The relinquishment of the right to have a certain phase of the legal process take place within the normally specified amount of time.
title: The ownership or evidence of ownership of land or other property.
toll: See statute of limitations.
tort: A private or civil wrong, independent of contract; failure to perform some duty imposed by law or custom, resulting in injury to another. The "victim" of a tort may be entitled to sue for damages to compensate for the harm suffered. Victims of crimes may also sue in tort for the wrongs done to them. (See also damages.)
tortfeasor: A person who commits or is found guilty of a tort.
transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other formal conversation such as a hearing or oral deposition.
transfer: A disposition in which a judicial order transfers a case from one court to another before a hearing or trial is held in the matter.
trial: The hearing and determination of issues of fact and law, in accordance with prescribed legal procedures, in order to reach a disposition. Can be either (1) a bench trial, i.e., a court trial that is heard and decided by a judge, or (2) a jury trial, i.e., a court trial that is heard and decided by a jury, which usually consists of 12 people.
trial court: The first court to consider litigation, generally the superior court. (Compare appellate court.)
tribunal: A court, administrative agency, or quasi-judicial agency authorized to establish or modify support orders or to determine parentage.
trust fund: Money, stocks, bonds, or securities held by or under the control of someone for the use and benefit of another.
trust items: The specific things held in trust.
trustee: (1) The person who has custody of or control over funds or items for the benefit of another; (2) in a bankruptcy case, a person appointed to represent the interests of the bankruptcy estate and the unsecured creditors. The trustee’s responsibilities may include liquidating the property of the estate, making distributions to creditors, and bringing actions against creditors or the debtor to recover property of the bankruptcy estate.

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

U
U.S. Attorney: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of assistant U.S. attorneys who appear as the government’s attorneys in individual cases.
unclaimed funds: Support payment that cannot be disbursed because the identity of the payor, or the address of the payee, is unknown.
undertaking: A promise given in the course of legal proceedings by a party or his or her counsel, generally as a condition of obtaining some concession from the court or the other party.
Uniform Interstate Family Support Act (UIFSA): Uniform state laws that provide mechanisms for establishing and enforcing child support obligations in interstate cases (when a noncustodial parent lives in a different state than his or her child and the custodial parent).
Uniform Reciprocal Enforcement of Support Act (URESA): Federal law, first enacted in 1950, which provides a mechanism for establishing, enforcing, and modifying support obligations in interstate cases. Has now been superseded by the Uniform Interstate Family Support Act (UIFSA).
unlawful detainer: When a person detains or continues to hold some real property that is no longer rightfully theirs. An unlawful detainer is also the name for a summary civil action in which a landlord seeks to evict a tenant who the landlord claims is no longer entitled to live on the premises.
unreimbursed public assistance: Money paid in the form of public assistance (for example, TANF or older AFDC expenditures) that has not yet been recovered from a noncustodial parent who was ordered to pay child support while the child was on public assistance.
uphold: When an appellate court agrees with the lower court decision and allows it to stand. (See also affirmation.)
urine test: Chemical analysis of a urine specimen to determine if it contains evidence of alcohol or some other drug.

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

V
vacate the default judgment: Getting a default judgment removed or erased. (See also default judgment.)
venire: Most commonly used to describe the whole group of people called for jury duty from which the jurors are selected. From the Latin for "to come" (as in to come, or appear, before the court).
venue: The particular court in which an action may properly be brought.
verdict: The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant or that determines the final outcome of a civil case. Can be: (1) general, i.e., a verdict given in a civil case in which the jury finds in favor of the plaintiff or in favor of the defendant; (2) special/directed, i.e., a verdict given by the judge in a civil case, after considering the law as it applies to the case and after the jury states its conclusions on specific factual issues.
verification: An oral or written statement that something is true, usually sworn to under oath.
violation: A breach of a right, duty, or law.
voir dire: The process by which judges and lawyers select a trial jury from among those eligible to serve by questioning them to make certain that they can fairly decide the case; from the French for "to speak the truth."

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |

W
wage assignment: A voluntary agreement by an employee to transfer (or assign) portions of future wage payments to pay certain debts, such as child support.
wage attachment: An involuntary transfer of a portion of an employee's wage payment to satisfy a debt. (See also income withholding, wage withholding. )
wage garnishment: A legal procedure that requires the employer of a judgment debtor to withhold a portion of the judgment debtor's wages to satisfy a judgment.
wage withholding: A legal procedure by which scheduled deductions are automatically made from wages or income to pay a debt, such as child support. Wage withholding often is incorporated into the child support order and may be voluntary or involuntary. Also known as income withholding. (See also direct income withholding, income withholding. )
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 by the defendant.
ward of the court: A minor who is under the care and control of the juvenile court rather than his or her parent(s).
warrant: A written order issued and signed by a judicial officer directing a peace officer to take specific action. Can be: (1) an arrest warrant, i.e., one that commands a peace officer to arrest and bring before the court the person accused of an offense for purpose of commencing legal action; (2) a bench warrant, i.e., a written order issued by the court from the judge or bench commanding a person's arrest because of his or her failure to appear in court; (3) a recall warrant, i.e., a procedure for removing from Department of Justice and state police computers information concerning canceled warrants in order to avoid mistaken arrests; or (4) a search warrant, i.e., an order issued by a judge, 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 before the court.
warranty of habitability:
A promise that goes with the rental of residential property that it will be fit for human habitation, including working plumbing and electrical systems, locking doors and windows, watertight roof, and other health and safety conditions. This promise is by statute, even if the landlord does not include it in the lease or rental agreement.
will: The written instrument by which a person declares his or her wishes about the disposition of personal property after death.
without prejudice: A term used when rights or privileges are not waived or lost. A dismissal of a lawsuit without prejudice allows a new suit to be brought on the same cause of action so long as it is within the statute of limitations.
witness: A person called by either side in a lawsuit to give testimony before the court or jury.
writ: A written order or directive issued by a court commanding that certain action be taken. Can be a writ of: (1) attachment, i.e., one that orders that specified property be attached; (2) certiorari, i.e., an order by an appellate court granting or denying a review of judgment; (3) execution, i.e., an order directing the enforcement of a court judgment; (4) habeas corpus, i.e., a writ that orders the release of someone who has been unlawfully imprisoned; (5) mandamus (or mandate), i.e., a writ that orders the performance of any act designated by law to be part of a person's duty or status; or (6) prohibition, i.e., the counterpart of a writ of mandate that orders that further proceedings or other official acts be stopped (usually issued from a higher to a lower court).
writ of certiorari: An order issued by the U.S. Supreme Court directing a lower court to transmit records for a case that the Supreme Court will hear on appeal.

Previous

| A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z |