Legal Terms Glossary:

- A -

Abstract of title - A chronological summary of all recorded documents affecting title.
Accretion - The increase of land by natural causes, as of by a lake or river.
Acquittal - A release, absolution, or discharge of an obligation.
Additur - An increase by a judge in the sum of damages already awarded by a jury.
Adjudication - The act of pronouncing a judgment or decree.
Appeal - A ruling from a lower court, brought to a higher court to review.
Arbitration - The hearing of a dispute by an impartial third party, whose decision has been mutually agreed upon to accept.
Arraignment - A hearing wherein the accused is brought before the court to plead to a charge in an indictment.
Assault - The display of force or threat to inflict bodily harm, giving the victim reason to fear.
Attachment - The taking of private property to satisfy a court-ordered debt.

- B -

Bail Bond - Money or other security provided to the court to temporarily allow a person's release from jail and assure their appearance in court.
Bailiff - Officer of the court in charge of keeping order and enforcing courtroom rules.
Battery - Physical violence. Whereas Assault refers to threat, Battery is the carrying out of that threat. Often Assault and Battery are charged in tandem.
Bench Trial - Trial in which a judge rules on the facts. No jury present in bench trials.
Bench warrant - A judge-ordered warrant for the arrest of a person.
Bequeath - To pass property onto someone through a will.
Booking - The process of fingerprinting, photographing, and recording details of a suspect following an arrest.
Breach - The violation of any condition of a contract.
Brief - A written document, containing a summary of the facts, pertinent laws, and an argument of how the law applies to those facts.
Burden of Proof - The responsibility of establishing facts.

- C -

Capital Crime - Any crime punishable by death. Each state varies.
Capacity - Possessing legal authority and/or mental acumen.
Case - Refers to any action, suit, or dispute, by law or by fairness
Censure -An official reprimand or disbarment of an attorney.
Circumstantial Evidence - Any evidence except eyewitness testimony.
Codicil - Any change to a will.
Commutation - The reduction of a sentence.
Conciliation - Similar to mediation, but less formal.
Consideration - The price bargained for and paid for a service, product, or real estate.
Continuance - Moving a legal proceeding to a later time or date.
Contract -An agreement between two or more persons which creates a legally binding obligation. May be made either orally or in writing.
Conveyance - Instrument transferring title of land from one to another.

- D -

Decree - An order by the court.
Defamation - Injury to a person's reputation. Libel and/or Slander.
Default Judgment - Court decision against any party failing to appear in court.
Deficient - Incomplete, lacking, defective, insufficient.
Defunct - A corporation that is no longer in existence.
Demurrer - A pleading filed by the defendant that a complaint is insufficient to require a reply.
Deposition - Testimony of a witness transcribed outside the courtroom.
Directed Verdict - A case in which the plaintiff has failed to present the facts of the case properly enough for jury consideration. The trial judge may order a verdict without allowing the jury to consider it.
Dissolution - The termination of a contract, agreement, or case.
Docket - A listing of all pleadings filed in a case.
Double Jeopardy - Trial more than once for the same crime is forbidden by the 5th Amendment of the U.S. Constitution.

- E -

Eminent Domain - The power of the government to seize private property.
Enjoining - An order by the court ordering a party to cease the performing of a specific act.
Entrapment - The enticement to commit a crime with the intention of filing criminal charges.
Escheat - The process by which a deceased person's property goes to the state if no heir is found.
Esquire - The title commonly succeeding the name of an attorney. Commonly abbreviated: Esq.
Estate Tax - A tax on the transfer of property to beneficiaries after a person's death.
Exclusionary Rule - Prevents illegally obtained evidence from being used in a trial.
Expungement - The process by which a criminal conviction record is sealed.

- F -

Family Law - The area of law practice pertaining to a family. Ex: custody, marriage, divorce.
Felony - A major criminal offense, punishable by imprisonment for at least 1 year or by death.
Fiduciary - Person or institution managing money or property for another.
Fraud - The false representation which is intended as deception, typically for gain.

- G -

- H -

Habeas Corpus - The name of a legal action intending to bring a person before a court.
Hearing - A proceeding typically less formal than a trial.
Hearsay - Witness statements that are third person accounts, therefore inadmissible in court.
Hostile Witness - A witness whose testimony is not favorable to the party that called that witness. Hostile witnesses may be asked leading questions and may be cross-examined by the party who called the hostile witness to the stand.
Hung Jury - A jury which cannot agree upon a verdict.

- I -

Impeachment of a Witness - An attack on the credibility of a witness.
Implied Contract - A contract inferred by law by usage or acceptance.
Indeterminate Sentence - A sentence of imprisonment which has a minimum and maximum timeframe. Once the minimum term has been served, the sentence is subject to cancellation by authorized authority, usually parole board.
Indictment - A written accusation by a court, charging a person with a crime.
Indigent - Financially challenged. If a defendant can demonstrate indigence, the court may appoint a public defender.
Infraction - Any violation of law not punishable by imprisonment.
Injunction - A court order forbidding a party to do perform an act. May also require an act to be performed which has been refused.
Interlocutory - Temporary or interim; not final.

- J -

Joint Tenancy - A type of ownership of real property where surviving co-owners obtain the deceased owners share of the property upon his/her death.
Jurisdiction - The geographic range in which a court has power.
Jurisprudence - The study of law and the structure of the legal system.
Jury Administrator - The court officer responsible for choosing potential jurors.

- L -

Larceny - Obtaining property by fraud.
Lawsuit - A civil court action used for settling a dispute between parties.
Libel - Published defamation which injures a person's reputation.
Lien - An encumbrance on real property restricting its sale or transference.
Litigant - Any party directly involved in a lawsuit.

- M -

Malfeasance - The act of performing an unlawful act.
Malpractice - Professional misconduct, typically generating victims.
Manslaughter - The killing of another without intent; either voluntary or involuntary.
Mediation - A form of dispute resolution in which all parties agree to bring their dispute to a neutral 3rd party, whose decision they all agree beforehand to accept.
Miranda Rights - Requirement that police inform anyone brought into their custody of their constitutional rights before any questioning.
Misdemeanor - A criminal offense typically punishable by fine or by imprisonment in other than a state penitentiary and less than 1 year.
Misfeasance - Improper performance of an act.
Mistrial - An invalid trial, caused by large error in process. Once declared, a trial must start again from the jury selection process.
Mitigating Circumstances - Circumstances that may be considered that explain and therefore reduce the degree of guilt.
Mittimus - The name of an order from a court and directing appropriate authorities to receive and safely hold a person pending trial.
Mitigation - The reduction of a penalty.
Motion - A request of a court or judge ruling in favor of the applicant.
Motion in Limine - A request that information which might be prejudicial may be disallowed.
Mutual Assent - Agreement.

- N -

Negligence - The failure to use care in a situation where a reasonable and prudent person would.
No-fault Proceedings - A civil case in which resolution does not require fault findings.
Nonfeasance - The failure to perform an act which should be performed; neglect of duty.
- O -
Order - A mandate, command, or ruling typically given by a judge.
Ordinance - A statute typically given by a city council.
Overrule - A judge's decision to reject an objection.
- P -
Pardon - A governments power to nullify a punishment and/or restore the rights of a person/entity convicted in a criminal case.
Parole - Release of a prisoner on certain prescribed conditions for a defined period.
Peremptory Challenge - Request that a judge disallow a prospective juror as a jury member.
Plaintiff - The party that brings the complaint to court.
Plea - The pleading of a criminal defendant, either guilty, not guilty or no contest.
Plea Bargaining - Process where the prosecutor in a criminal case offers a satisfactory solution of the case, usually in the best interest of the court.
Power of Attorney - A formal contract authorizing another to act on one's behalf.
Pretrial Conference - Called by the court to narrow the issues and as a last effort to avoid trial.
Prima Facie Case - Meets minimum requirement of evidence necessary to allow the continuation through the legal process.
Probable Cause - A reasonable belief of guilt, allowing lawful searches, seizures, and arrests.
Probation - An alternative to imprisonment, allows a person to stay in the community, under the supervision of a probation officer. A violation of probation usually leads to imprisonment.
Prosecutor - An attorney representing the government in a case.
Proximate Cause - A negligent act which contributes to injury. Liability ascertained if an injury was proximately caused by action or by failure to act when there existed a duty to act.
Punitive Damages - Money awarded to a victim as punishment, payable by the guilty party.

- Q -

Quiet Title Action - A proceeding to remove a cloud on a title to real property.
Quitclaim Deed - A deed without title which passes whatever title the grantor may have.

- R -

Real Property - Land, plus whatever is permanently attached to the land, such as buildings.
Reasonable Doubt - An accused party is innocent if a judge or jury cannot prove beyond a doubt that the party is guilty of any or all charges.
Redirect - The presenting of a rebuttal after evidence has been cross-examined. Redress - To fix, correct, remedy. Rejoinder - Chance for the opening side to offer a limited response to evidence presented during the rebuttal by the opposition.
Remittitur - The reduction by a judge of the damages awarded by a jury in a civil case.
Rescission - The repeal, or undoing of a contract.
Retainer - The fee paid to an attorney when retaining his/her service.

- S -

Search Warrant - Issued by a judge, directing law enforcement to search a specified area for evidence.
Sentence - Ordered by a court for a defendant convicted of a crime.
Sequester - The separation of the jury from outside influences during deliberations.
Settlement - An agreement between all parties in a lawsuit to drop the suit. Sidebar - A private, in-the-courtroom conference between the judge and lawyers, out of earshot of the jury and spectators.
Slander - Verbal defamation which is damaging to a person's reputation.
Small Claims Court - A state court that handles smaller civil claims.
Stay - A court order that halts a proceeding.

Subpoena - A court command to appear at a certain time and place to bear witness in a case.
Summary Judgment - A judgment given without any need for a trial as guilt is unquestionable.
Suppress - To reject the use of evidence because of how it was obtained.
Sustain - A judge’s ruling to uphold a motion or objection.

- T -

Testimony - Verbal evidence as submitted by a witness under oath.
Tort - A wrong or injury for which a civil court provides the remedy.
Trial Brief - A written document used by an attorney at trial. It contains the issues to be tried, review of evidence to be presented and statutory substantiation of the attorney's position.

- U -

Unilateral Contract - An agreement by multiple parties in which one party performs without any expectation of performance from any other party.
Usury - The charging of interest on a loan above the maximum rate permitted by law.

- V -

Verdict - A judgment by the court based on fact and law.
Void - Invalid.
Voidable - Potentially invalid upon being declared so.

- W -

Warrant - A court order authorizing an arrest, search and/or seizure. An warrant application must be accompanied by an affidavit that establishes probable cause.
Warranty Deed - Guarantees that the title conveyed is clear and its transfer legal.
With Prejudice - A declaration in which all rights and privileges are dismissed. Bars the right to bring or maintain an action on the same claim.
Without Prejudice - A statement that no rights or privileges are waived or lost. In a dismissal, these words indicate the right to bring a subsequent suit on the same claim.
Writ - A judicial order directing a person to do something.

- X -

- Y -

- Z -

Zoning Commission - An agency’s right to regulate use of properties within its jurisdiction.