- A -
Abstract of title - A chronological summary of all recorded documents affecting title.
Adjudication - The act of pronouncing a
judgment or decree.
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.
- 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.
Bench Trial - Trial in which a judge rules on
the facts without a jury.
Bench warrant - A judge-ordered warrant for
the arrest of a person.
Booking - The process of fingerprinting,
photographing, and recording details of
a suspect following an arrest.
- C -
Capital Crime - Any crime punishable by death.
Commutation - The reduction of a sentence.
Consideration - The price paid for a service, product, or real estate.
Continuance - Moving a legal proceeding to a later time or date.
Contract -A binding agreement, made either
oral or in writing.
Conveyance - Instrument transferring
title of land from one to another.
- D -
Default Judgment - Ruling against any
party failing to appear in court.
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.
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.
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.
- F -
Felony - A major criminal offense, punishable
by imprisonment for at least one year or by death.
- H -
Hearing - A proceeding typically less formal than a trial.
Hearsay - Witness statements that are third
person accounts, therefore inadmissible in court.
- I -
Implied Contract - A contract inferred by usage.
Indictment - A written accusation by a
court, charging a person with a crime.
Indigent - Financially challenged and therefore eligible to
have an appointed public defender.
Injunction - A court order forbidding a
party to perform an act.
- J -
Joint Tenancy - A type of ownership of
real property where surviving co-owners
obtain the deceased owners share of the
property.
- L -
Larceny - Obtaining property by fraud.
Lien - An encumbrance on real property
restricting its transference.
- M -
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 to accept.
Misdemeanor - A criminal offense
typically punishable by fine or by
imprisonment in other than a state
penitentiary and less than 1 year.
Mitigating Circumstances - Circumstances
that may be considered that explain and
therefore reduce the degree of guilt.
Mitigation - The reduction of a penalty.
- N -
Negligence - The failure to use care in
a situation where a reasonable and
prudent person would.
- O -
Order - A mandate, command, or ruling typically
given by a judge.
- P -
Peremptory Challenge - Request that a
judge disallow a prospective juror as a jury member.
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.
Probation - An alternative to imprisonment.
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.
- 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.
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.
- S -
Sequester - The separation of the jury
from outside influences during
deliberations.
Sidebar - A private, in-the-courtroom conference
between the judge and lawyers, out of
earshot of the jury and spectators.
Subpoena - A court command to appear and bear witness in a case.
Summary Judgment - A judgment given without trial as guilt is
unquestionable.
- 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.
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. |
