Phrase |
Definition |
| Affiant |
One who makes an affidavit (see affidavit) |
| Abatement |
Another word for reducing the amount of money someone may get from a Will. |
| Abstract |
A summary of what a court or government agency does. |
| Abstract of Judgment |
A summary of the Court’s final decision. If you file it with the county recorder, it can be used as a lien. |
| Accused |
The person that is charged with a crime and has to go to criminal court. |
| Acknowledgment of Satisfaction of Judgment |
A court form that the judgment creditor must fill out, sign, and file with the court when the judgment is fully paid. If there are no liens, the judgment creditor can sign the back of the Notice of Entry of Judgment and file it with the court. |
| Acquittal |
When a judge or jury finds that the person on trial is “not guilty.” |
| Action |
In court, when one person sues someone else to defend or enforce a right, stop something bad from happening or fix something, or punish them for a crime. |
| Ademption |
When a person makes a gift in a Will that cannot be made because: it no longer exists (ademption by extinction), or the person who wrote the Will gave the gift before they died (ademption by satisfaction). |
| Adjudicatory hearing |
A court hearing where the judge decides if the charges against a juvenile are true. |
| Administrator |
When someone dies without a Will, the legal representative of the estate is called the administrator. |
| Administrator with Will Annexed |
The person or corporation appointed by the Court to serve as the legal representative of the probate estate of the person who died. This person was not named in the Will as the personal representative. |
| Admissibility |
Whether or not something can be used as evidence. This decision is based on the rules of evidence. |
| Adoption |
The way to become a parent-child relationship when you are not related by blood. |
| ADR |
Stands for Alternative (or Appropriate) Dispute Resolution. ADR offers ways of solving problems without going to court (like using mediation or arbitration) |
| Alternative Dispute Resolution |
The general term for a wide variety of dispute resolution processes, which are alternatives to a court lawsuit (litigation). Types of ADR include mediation, arbitration, neutral evaluation, special masters and referees, and settlement conferences, among other forms. |
| Advance Health Care Directive |
A document that allows you (the principal) to name someone (an agent or attorney in fact) to make health care decisions in your name if you cannot make the decisions for yourself. |
| Advancement |
A gift you make during your lifetime to be applied to what someone inherits after you die. |
| Affidavit |
A written statement that someone swears to under oath and in front of someone who is legally authorized, like a judge or notary public. |
| Affidavit of Domicile |
A notarized document that says in what state somebody who died lived. If you inherit stock, you may need an Affidavit of Domicile to put it in your name. |
| Affinity, (Relationship by) |
When you are related by marriage, not blood. |
| Affirm |
To make a solemn (serious) statement. |
| Affirmative Defense |
When a defendant or person responding to a civil case gives the court new evidence to prove that s/he is not guilty or not at fault. The defense has to prove what it says (called burden of proof). The defense must explain defense in their Answer. |
| Agreement |
When the people involved in a legal dispute agree about something. |
| Allegation |
A statement or claim that is made but hasn’t been proven true or false. |
| Amount in Controversy |
The amount of money (or relief) being asked for in the complaint. |
| Ancillary Administration |
The administration of an Estate in a state or foreign country that is not the state or country where the person who died lived. |
| Anger Management Class |
A special class to help people express anger in a non-violent way. A judge often orders this class for people in cases involving family violence or abuse. |
| Annual Exclusion Amount |
The law says you can give anyone up to $10,000 per year without having to pay gift tax. You can make gifts to as many people as you want. If your spouse agrees, you can give up to $20,000 to each person. |
| Annulment ("Nullity of Marriage") |
A legal action that says your marriage was never legally valid because of unsound mind, incest, bigamy, being too young to consent, fraud, force, or physical incapacity. |
| Answer |
A statement that a defendant writes to answer a civil complaint. This says what defense they will use. |
| Answer (in child support cases) |
A court form that the Department of Child Support Services or the Family Support Division gives to someone they think is the parent of a child (the Respondent) together with a Summons and Complaint. |
| Answer (to the Unlawful Detainer) |
A court form that is served (given) to a tenant together with a Summons and Complaint. If the tenant doesn’t want to move out they must fill out this form and file it with the court within 5 days. |
| Antilapse Statute |
When a Will makes a gift to someone who is also dead, that gift passes to heirs of the person who wrote the Will (the testator). |
| Appeal |
When someone loses a case (or part of a case), they can ask a higher court (called an appellate court) to review the decision and say if it was right. This is called an “appeal”. |
| Appearance |
Going to court. Or, a legal paper that says you will participate in the court process. |
| Appellant |
Someone who appeals a court’s decision. |
| Appellate Court |
A court that can review how the law was used to decide a case in a lower court. |
| Applicable Exclusion Amount |
The total amount of money a person can give away while alive or in their Will without having to pay federal taxes. In 2000, this amount was $675,000. In 2006, it will be $1,000,000. |
| Application |
In general, a description of the case you want the judge to make a decision about at a court hearing, and reasons why the judge should decide in your favor. |
| Application for Waiver of Court Fees and Costs |
A form that someone completes to ask the court not to charge them court fees because they do not have enough money to pay them. |
| Arbitration |
When a person who isn’t involved in a case looks at the evidence, hears the arguments, and makes a decision. |
| Arbitration Award |
The written decision that an Arbitrator makes. |
| Arbitrator |
A person who acts like a judge in a case. S/he looks at the evidence, hears the case and makes a decision. |
| Arraignment |
When a person accused of committing a crime is taken to court, told about the charges, and asked to plead guilty or not guilty. |
| Arrears |
Money owed because a parent or spouse did not make a court ordered child or spousal support payment on time. |
| Arrest |
The legal capture of a person charged with a crime. |
| Arrest Warrant |
A document that tells a police officer to arrest a person accused of breaking the law and take them to Court to start a case against them. |
| Ascendant |
A direct ancestor of a person, like a parent, grandparent, great grandparent, etc. |
| Assault |
When someone tries or threatens to hurt someone else. Assault can include violence, but it is not the same as battery. |
| Assessment |
Family Court Services may investigate a family in more detail if a judge orders it. This can happen after the family goes to a Family Court Parenting Program and Mediation services and there are no other court related services to help the parents come to an agreement. |
| Assignee |
A person or business that acts as the original creditor, such as a collection agency. You can assign your judgment to another person or business. |
| Assignment |
Appointing someone to do something. Usually for: Cases — when the court uses a calendar to give (or "assign") cases to judges; Lawyers — when the Court appoints a lawyer to represent juveniles, conservatees, or poor defendants; and Judges — when judges are sent (or "assigned") to different courts to fill in while other judges are on vacation, sick, etc., or to help with cases in a court. |
| Attestation clause |
A note in an attested Will that describes how the Will was signed. This says if all the witnesses were there and signed the Will at the same time and if the person who signed the Will signed it willingly. |
| Attested Will |
A Will signed in front of two witnesses who will not get anything from it. Also called a witnessed will. |
| Area Board |
One of 13 boards created by the state legislature to advocate for the rights of individuals with developmental disabilities, act as a watchdog for compliance at the local, state and federal level with appropriate laws, and plan, coordinate, and develop new and expanded program opportunities. |