If you are involved in litigation you may hear legal terms from other attorneys, in court, or listed in your court documents.   Of course, if you do not understand them, you would not know how they apply to you.   Here are some commonly used terms for your reference only. If you have any questions how these terms are used in your legal action,  be sure to call my office for a consultation.   If you already have an attorney,   be sure to consult him/her.   

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

A
abandonment: When a parent leaves a child without enough care, supervision, support, or parental contact for an excessive period of time.

abrogate: To repeal or cancel an old law using another law or constitutional power.
abstract: A summary of what a court or government agency does.
abstract of judgment: Summary of the court’s final decision. Can be used as a lien if you file it with the county recorder.
accessory: A person that helps someone else commit a crime, either before or after the crime.

accomplice: A person that helps someone else commit a crime. Can be on purpose or not.
accrual: The total amount of child support payments that you owe or that are late.
accused: The person that is charged with a crime and has to go to criminal court. (See defendant.)
acknowledgment: Saying, testifying, or assuring that something is true. You can say this out loud or write it down.
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 no liens exist, the back of the Notice of Entry of Judgment can be signed and filed with the court. (See judgment creditor, judgment, listed under "J".)

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.

active status: A case that is in court but isn’t "settled" or "decided" has active status.
adjournment: To put off a court hearing until another time or place.
adjudicate: When a judge hears and decides a case.
adjudication: The judge’s decision in a case or action.
ad litem: "For this lawsuit." Comes from Latin.
administrative procedure: The way an executive government agency makes and enforces support orders without going to court.
admissible evidence: Evidence that can legally and properly be used in court.

admission: Saying that certain facts are true. But not saying you are guilty.
admonish: To warn, advise, or scold.
admonition to jury: What the judge says to the jury about:

(1) what they must do and how they must behave,

(2) what evidence they can use to make their decision (called "admissible" evidence), and

(3) how they can use that evidence to make a decision.

adoption: The way to make the relationship between a parent and child legal when they are not related by blood.
adversary system: The system of trial practice in the United States and some other countries in which each of the opposing (or "adversary") parties has the opportunity to present and establish opposing positions before the court.

adverse witness: A person called to testify for the other side.
affidavit: A written statement that someone swears to under oath in front of someone that is legally authorized, like a judge or notary public.
affirm: To make a solemn (serious) statement.
affirmation: When an appellate court says that the lower court’s decision was right.
affirmative defense: When a defendant or person responding to a civil case has a reason that would make him or her "not guilty" or not at fault and gives the court new evidence to prove that. The defense has to prove what it says (called "burden of proof"). The defense has to explain this defense in their answer.
agent: Someone that has authority to act for another.

Aid to Families With Dependent Children (AFDC): A past government program that used to give money (also called "public assistance") to families with children. This was replaced by Temporary Aid for Needy Families (TANF).
alibi: A defense claim that the accused was somewhere else at the time a crime was committed.

alimony: Money the court orders you to pay to a spouse or ex-spouse. (See spousal_support.  In California payment to another spouse is called "Spousal Support")
allegation: A statement or claim that is made and hasn’t been proved to be true or false.
allege: To say, declare, or charge that something is true even though it isn’t proved yet.
alternative dispute resolution (ADR): Methods of resolving disputes without official court proceedings. These methods include mediation and arbitration.

amend: To add to or change a claim that has been filed in court.
amicus curiae: Someone that gives advice to the court about the law in a case, but isn’t part of the case. Comes from the Latin for "friend of the court."
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.  (In California it is called "Nullity of Marriage")
anonymous: When someone’s name is kept secret.
answer: A statement that a defendant writes to answer a civil complaint and say what defense they will use.
appeal: When someone that loses at least part of a case asks a higher court (called an "appellate court") to review the decision and say if it was right. This is called "to appeal" or "to take an appeal." The person that appeals is called the "appellant." The other person is called the "appellee."
appearance: Going to court. Or a legal paper that says you will participate in the court process.
appellant: Someone that appeals a court’s decision. (Compare with appellee.)
appellate: Having to do with appeals. An appellate court can review a lower court’s (called a "trial court" or "superior court") decision. For example, California Courts of Appeal review the decisions of the superior courts.
appellate court: A court that can review how the law was used to decide a case in a lower court.
appellee: A person that answers an appeal in higher court.
arbitration: When a person that isn’t involved in the case looks at the evidence, hears the arguments, and makes a decision. (Compare with mediation and neutral evaluation.) 
arraignment: When a person that is accused of committing a crime is:

• taken to court,

• told about the charges, and

• asked to plead "guilty" or "not guilty."

arrearage: Child support that is overdue or unpaid. A parent that has arrearages is "in arrears."
arrest: The legal capture of a person that is charged with a crime.
ascertained: Proved to be true.
assault: When someone tries or threatens to hurt you. Can include violence, but is not battery. (See battery.)
assignee: A person or business that is put in the place of the original creditor, such as a collection agency. You can assign your judgment to another person or business.

assignment: Choosing someone to do something. Usually used in:

(1) Cases — when the court uses a calendar to give (or "assign") cases to judges;

(2) Lawyers — when lawyers are chosen (or "appointed") to represent juveniles, conservatees, or poor defendants; and

(3) 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.

assignment of support rights: When a person that gets public assistance (money from the government) agrees to give the state any child support they get in the future. The person gets money and other benefits from the state. So the state can use part of the child support to pay for the cost of that public assistance.

assignment order: A court order (made after a motion) that says a judgment debtor must assign certain rights to the judgment creditor. Useful for payments that the judgment debtor would usually get, like rent from tenants, wages from the federal government, sales commissions, royalties, a business’s accounts receivable, or installment payments on IOUs (also called "promissory notes") or judgments.

at-issue memorandum: A legal paper filed in a civil case that says the case is ready to go to trial. (See memorandum to set.)
attachment: (1) Document attached to court papers to give more information; (2) A way to collect a judgment: by getting a court order that says you can take a piece of property.

attorney: Someone that is qualified to represent clients in court and to give them legal advice. (See counsel and lawyer.)
attorney of record: The lawyer whose name is listed in a case record as representing someone in the case.
audit: When records or accounts are looked at to check that they are right and complete.
automated administrative enforcement of interstate (AEI) cases: Part of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) that lets states find, put a lien on, and take property from people in a different state that owe money.
automated voice response (AVR) system: Phone system that gives information to people over the phone.

B
backlog: All the cases that haven’t been settled or decided in the time the law says they should be.
bail: A security deposit (usually money) given to release a defendant or witness from custody and to make sure that they go to court when they’re supposed to.
bail bond: A legal paper that you buy from a bondsman and give to the court instead of bail. The defendant signs it and is let go. But if they don’t come to court when they’re supposed to, they must pay the amount of money on the bail bond.
bail exoneration: When you get your bail back. Or when a bail bondsman or insurance ("surety") company isn’t responsible for your bail anymore.
bail forfeiture: A court order to let the court keep the bail deposit because the defendant didn’t go to court when they were supposed to.
bail notice: A legal paper from the court that says the court will make a warrant for arrest unless the defendant goes to court or pays bail.
bail receipt: A written statement that the court gives a defendant that says bail was paid.
bail schedule: A list of the amount of bail that is recommended for different charges. In criminal cases, the court decides how much bail a defendant has to pay to be released.
bailiff: A person that is in charge of security in the court. Bailiffs are picked by sheriffs or marshals.

bank levy: Way to enforce a decision against someone that owes money. The money is taken from their checking or savings account at a bank, savings and loan, thrift institution, or credit union.
bankruptcy: The legal way for a business or person to get help when they can’t pay the money they owe. In bankruptcy court, they can get rid of debts by paying part of what they owe. There are special bankruptcy judges at these hearings.
bar: All of the lawyers qualified to practice law. For example, a state bar includes all of the lawyers qualified to practice law in that state.
battery: Illegal beating or physical violence or control of a person without their permission. (Compare with assault.)
behavior intervention plan: Plan made by a local educational agency (LEA), as part of the individualized education program (IEP), to change the behavior of students that hurt themselves, assault others, or are destructive.
bench: (1) The desk where a judge sits in court;

(2) Judges in general or a specific judge.

bench trial: Trial without a jury. The judge decides the case.
bench warrant: An order given by the judge (or "bench") to arrest a person. (See warrant, writ.)
bind: To make yourself or someone else legally responsible for something.
bind over: A judge’s decision before a trial that says there is enough evidence for a trial.
blood test: Testing someone’s blood sample to:

(1) see how much of a certain chemical is in the blood, or

(2) see who is the parent of a child. (See genetic testing.)

bona fide: Sincere, real, without fraud or deceit. Comes from the Latin for "in good faith."
bond: A deed or legal paper that restrains a person or makes a person responsible for something. In court, a bond is a written statement that makes one person pay another person money.
book (booking): What the police do when they arrest someone. Includes taking fingerprints, photographs, and writing down personal information about the person.
breath test: Testing someone’s breath to see how much alcohol is in their blood.
brief: A written statement that each side gives the court to say why the court should decide that they are right.
burden of proof: When one person in the case has the responsibility to give more evidence than the other person.

burglary: When someone unlawfully breaks into or enters a building or home, and they intend to or do commit a theft or other serious crime.

C
calendar: A list, in alphabetical order, of all the cases in each courtroom every day. "To calendar" something means to give a day, time, and courtroom to a case.
California Rules of Court: The rules for practices and procedures in California’s state courts.
CALJIC: California Jury Instructions, Criminal.
capital case: A criminal case where the defendant can get the death penalty.
capital offense: A crime that you can get the death penalty for committing.
caption: What is written at the top of all papers (called "pleadings") given to the court. It says things like the case name, court, and case number.
case: A lawsuit. Or a complaint filed in criminal, traffic, or civil court.
case file: The folder that has the official court papers for a case.
caseflow management: How a case is managed from the first paper filed to the final decision.
case ID: Identification number given to a case by the court.
case law: Law made by earlier decisions in similar cases.
caseload: The number of cases a judge has in a specific time.
case number: Identification number that the court clerk’s office gives a case. This number is on all papers filed in the case. Also called "case ID."
cause of action: The charges (or "counts") that make up the case or lawsuit.
caveat emptor: A theory that says you buy things at your own risk. Comes from the Latin for "let the buyer beware."
certification: A judge’s order to move a criminal case to another court in a different county.
certified copy: An official copy of a paper from a case file that is marked as being true, complete, and a real copy of the original paper.
challenge: Someone’s right to object to or fight something in a legal case.
challenge for cause: Reasons that a lawyer gives for removing a juror or judge from a case. (Compare with peremptory challenge.)
chambers: A judge’s office. Also usually where the judge’s clerks work.
change of venue: When a civil or criminal case is moved from one court jurisdiction to another. (See venue.)
charge: In criminal law, each thing the defendant is accused of. (See count.)
chattel: A piece of personal property.
child support: Money paid by a parent to help support a child or children.
child support enforcement (CSE) agency: Agency that exists in every state to find parents that don’t have custody (called "noncustodial parents," or "NCPs"). Or to find the person assumed to be the father of a child (called a "putative father," or "PF"). Makes, enforces, and changes child support. Collects and gives out child support money. Also known as an "IV-D agency." (See IV-D.)
circumstantial evidence: All evidence that is indirect. Testimony not based on actual personal knowledge or observation of the facts in dispute.

citation: A court order or summons that tells a defendant what the charges are. Also tells the defendant to go to court and/or post bail.
cited: When a defendant is not in custody but has signed a ticket promising to go to court on a certain day; can be used for any infraction, city or county ordinance, or misdemeanor.
citing authority or agency: An agency related to the court, like the city police or the California Highway Patrol, that can arrest people for breaking the law.
civil case: A lawsuit to get property back, to force someone to complete a contract, or to protect someone’s civil rights.
civil jurisdiction: A court’s right or power to hear noncriminal ("civil") cases.
civil process: Court papers that tell the people in a civil case that it has started. Or papers that try to force the court to reach a judgment.
claim of exemption: A court paper filed by the judgment debtor that lists each piece of property that the judgment debtor claims is an exempt asset under certain provisions of the law and, therefore, can’t be taken to pay the judgment.

claim splitting: When you split up a civil claim and file 2 lawsuits to stay below the limit of how much money you can ask for. Not allowed in most cases.
clerk of court: A person chosen by the judges to help manage cases, keep court records, deal with financial matters, and give other administrative support.
codes: The law created by statutes. For example, the California Code of Civil Procedure, California Civil Code, California Vehicle Code, California Penal Code, and California Health and Safety Code.
codicil: A legal paper that adds to or changes a will.
commissioner: A person chosen by the court and given the power to hear and make decisions in certain kinds of legal matters.
commit: To do something. "To commit" a crime. To put someone in a sheriff’s custody. To use a court order to send a person to jail.
commitment order: A court order that says a person must be kept in custody, usually in a jail or mental institution.
common barratry (also called "barretry"): Making a habit of starting fights or lawsuits. Starting lawsuits without a good reason.
common law: Laws that come from court decisions and not from statutes ("codes") or constitutions.
community obligations: Community obligations are the debts that a husband and wife or registered domestic partners OWE TOGETHER. In most cases that includes anything that you still owe on any debts either of you took on during the time you were living together as husband and wife or as registered domestic partners. (If you bought furniture on credit while you were married or in a registered domestic partnership and living together, the unpaid balance is a part of your community obligations.)

community property: Community property is everything that a husband and wife or registered domestic partners OWN TOGETHER. In most cases that includes:

(1) Money or benefits like pensions and stock options that you now have which either of you earned during the time you were living together as husband and wife or as registered domestic partners; and

(2) Anything either of you bought with money earned during that period.

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compensatory damages: Money that one person must pay another to cover the cost of a wrong or injury. (See damages.)
competence order: An order from a superior court that says a defendant is mentally able to go to trial. Tells the trial court to go ahead with the criminal case.
complainant: Person that wants to start a court case against another person. In a civil case, the complainant is the plaintiff. In a criminal case, the complainant is the state.

complaint: In civil cases, a written statement filed by the plaintiff that starts a case. Says what the plaintiff thinks the defendant did and asks the court for help. Also called the "initial pleading" or "petition." A complaint is also used to start a criminal case.
compulsory: Required by legal process or by law.
concurrent sentences: Sentences you can serve at the same time. For example, if you have concurrent sentences of 10 years and 5 years, you must serve a total of 10 years. (Compare with consecutive sentences.)
confession: When someone admits, out loud or in writing, that they committed a certain crime. (Compare with admission.)
confidential record: Information in a court case that is not available to the public. (See public record, sealed record.)
conform copies: To get or file copies of an original document.
consecutive sentences: Sentences that you serve one after the other. For example, if you have consecutive sentences of 10 years and 5 years, you must serve a total of 15 years. (Compare with concurrent sentences.)
conservatee: Someone that can’t take care of themselves and has a caretaker (called the "conservator") that the court picked.
conservator: Someone picked by the court to either take care of someone that can’t take care of themselves (called a "conservatee") or take care of the property of the conservatee, or both.
 

conservator of the estate: A person or business picked by a judge to handle the financial matters of a person when the judge decides that the person (called the "conservatee") can’t do it.
conservator of the person: A person or business picked by a judge to care for and protect a person when the judge decides that the person (called the "conservatee") can’t do it.

conservatorship: A court proceeding where a judge appoints a caretaker for an adult that is unable to care for him or herself.

consolidation of actions: When at least 2 cases that involve the same people are grouped together. (Compare with coordination of cases.)
Constitution: The central law of our country that sets up the creation, character, and organization of its power and how that power is exercised. The rules and principles, descriptions of the government’s power, and the main rights that the people of a country or state have.
Consumer Credit Protection Act (CCPA): Federal law that limits how much money can be taken from someone’s paycheck to pay for child support. States can set their own limits as long as these limits are not higher than the federal ones.
contempt: When doing something or not doing (or saying) something prevents justice from being had or hurts the honor, respect, or authority of the court. This includes ignoring or disobeying a court order on purpose. Punishment can be a fine or jail.
contested: A kind of case where both sides present evidence.
continuance: Putting off a court case to a later date. (See adjournment; compare with recess.)
continued: Postponed, or put off to a later date.
continuing exclusive jurisdiction: Theory that only one support order should be valid between the same people at a time. And when a court hears a child support case, it can add to and change that order. The court of continuing exclusive jurisdiction (CCEJ) has control over a support case until another court takes it away. This is defined in the Uniform Interstate Family Support Act (UIFSA). (See Uniform Interstate Family Support Act.)
contract: (1) An agreement between 2 or more people to do or not to do a particular thing;

(2) an agreement between 2 or more people that makes, changes, or ends a legal relationship.

convey: To give the title to property to someone else. Or to make known or communicate.
 

conviction: When a judge or jury finds a criminal defendant guilty.
coordination of cases: When cases sharing common questions of fact or law pending in different counties are brought together before 1 judge so that the decisions will be consistent. The cases do not have to involve the same parties. (Compare with consolidation of actions.)
coram nobis: A legal paper that is used to tell the court about mistakes in the facts of the case. It is used to try to cancel the judgment. Comes from the Latin for "before us, in our presence."
costs: (1) Fees and charges that a party pays to file and present a court case or to enforce a judgment;

(2) money won in a civil suit to pay for expenses.

counsel: One or more lawyers that represent a client. Also, legal advice. (See attorney, lawyer.)
count: Each separate charge (or statement) in an action. (See charge.)
counterclaim: An independent charge by 1 side in a case (either the plaintiff or defendant) that goes against the claim made by the other side. (Compare with cross-complaint.)
court: A judge or group of judges whose job is to hear cases and carry out justice. (See bench.)
court order: A legal decision made by a court that commands or directs that something be done or not done. Can be made by a judge, commissioner, court referee, or magistrate.
court reporter: Someone that writes down, word for word, what is said in court. They generally use a stenographic machine, shorthand, or a recording device. You can ask for a copy of this record.
court stamp: An raised seal press or stamp that prints or stamps a seal on court papers. It might say the name of the judicial district or the consolidated city and county. You can read the stamp in photocopies.
court trial: A trial without a jury. A judge decides the case.
courtesy notice: A notice made by a computer that is usually sent for traffic violations to tell a defendant about a court date, bail, etc.
creditor: A person or business that is owed a debt (usually money). (See judgment creditor.)

crime: Something you do, or don’t do, that breaks a law that says you can’t do it or must do it. If you are found guilty, you can be punished by 1 or more of the following:

(1) death;
(2) jail or prison;
(3) fine;
(4) being removed from office;
(5) being unable to hold any office of honor, trust, or profit. (See public offense.)

criminal: Someone that has been convicted of a felony or a misdemeanor.
criminal case: A court case that starts because of a crime.
cross-complaint/cross-claim: A claim filed by codefendant(s) or coplaintiff(s) against each other. (Compare with counterclaim.)
cross-defendant: The defendant in a cross-claim.
cross-examination: The testimony a witness gives when the other side’s lawyer is asking the questions at a trial, hearing, or deposition.
custodial parent: The parent that has primary care, custody, and control of the child(ren).
custody: (1) When someone is under the physical control of the court to make sure they go to court when they’re supposed to;

(2) when the court imprisons a person after they are found guilty of a crime;

(3) the care and control of children.

custody list: A list that the county jail makes every day to tell the court the names of the people in custody that have hearings that day. Also called a "transportation list."
custody order: A court order that says who a child will live with and who should make decisions about health care, education, and other important things.

damages: Money that the losing side must pay to the winning side to make up for losses or injuries. There are 2 kinds of damages: (1) "compensatory," meaning money to pay for the actual cost of an injury or loss; and (2)"punitive" or "exemplary," meaning an amount of money that’s more than the actual damages. This is a punishment for willful or malicious acts.

debtor: A person or business that owes a debt (usually money). (See judgment debtor.)

decedent: In criminal law, it means a murder victim; in probate law, it means a dead person.

decision: A court’s judgment or decree that settles a dispute. (See also decree, judgment.)

declaration: A sworn, written statement that is used as evidence in court. The statement supports or establishes a fact. The person that makes the declaration certifies or declares under penalty of perjury that the statement is true and correct. The person that makes the declaration is called the "declarant." The declarant must sign and date the declaration. The declaration must also say where the declaration was signed or that it was made under the laws of the State of California.

decree: A court decision. It can be (1) "interlocutory," which means it is not a final decision, or (2) "final," which means all issues of the case are settled.

deem: To consider or have an opinion. For example, to deem it necessary to do something.

defamation: When 1 person hurts another person’s character, fame, or reputation by making false and malicious statements that are not protected by law.

default: When a defendant in a civil case doesn’t file an answer or go to court when they’re supposed to, but was properly notified. This is called being "in default."

default judgment: A court decision in favor of the plaintiff when the defendant doesn’t answer or go to court when they’re supposed to.

defendant: In a civil case, the person or organization sued by the plaintiff. In a criminal case, the person accused of the crime.

defense: In a civil case, the facts or arguments presented by the defendant to show why the plaintiff doesn’t have a right to the relief asked for. In a criminal case, the reasons why a defendant should not be convicted of the charge(s).

defense attorney: In a criminal case, the lawyer that represents the accused person (called the "defendant").

deferred fine: When payment of a fine is put off until a later date, sometimes called a "fine stay."

delay reduction: Court management of cases to reduce long periods of time in which nothing happens in a case.

delete: To omit, leave out, or remove.

deliberate: To consider all the evidence and arguments related to a case that were presented in court.

deliberations: When a jury, for either a civil or criminal case, goes into the jury room to discuss the evidence and testimony and reach a verdict.

delinquent: A child, under 18, that has done something that would be a crime if he or she were 18 or older.

demurrer: When a defendant says the facts presented by a plaintiff may be true, but they aren’t enough to prove the defendant’s legal responsibility.

de novo: Starting a case all over again as if it had not been heard before. In Latin, novo means "new."

dependent: In family law, this usually means a child that is financially supported by another person. In juvenile law, this means a minor that is in the custody of the court because he or she was abused, neglected, or molested or is physically dangerous to the public because of a mental or physical disorder.

deposition: Written or oral testimony given under oath in front of an authorized third person like a court reporter. Depositions take place outside of court. They allow the parties to get a record of a person’s testimony, or to get testimony from a witness that lives far away. They can help the lawyers prepare their court papers called "pleadings." (See also discovery.)

detention: When a person is temporarily locked up until the court makes a final decision.

determination: A judgment or decision the court makes to end a lawsuit or controversy.

deuce: A slang term used for driving under the influence of drugs or alcohol.

dictum: A part of a written court case opinion that is related to the case, but not needed to decide it. Can’t be used as precedent in future cases.

direct examination: When a witness testifies and answers questions posed by the party that asked them to testify. (Compare cross-examination.)

direct income withholding: A procedure that orders an employer in another state to withhold support from an employee’s paycheck without having to go through the IV-D agency or court system in that state. With this order, withholding can start right away, unless the obligor doesn’t agree, and no court pleadings are required. (See also income withholding, wage withholding, obligee, obligor.)

disbursement: The court’s distribution of money that it receives through fines or bail to the people that, according to the law, should get the money.

discovery: The gathering of information (facts, documents, or testimony) before a case goes to trial. Discovery is done in many ways, such as through depositions, interrogatories, or requests for admissions. It can also be done through independent investigation or by talking with the other side’s lawyer.

dismiss with prejudice: When a court dismisses a case and will not allow any other suit to be filed on the same claim in the future.

dismiss without prejudice: When a court dismisses a case but will allow other suits to be filed on the same claim.

disposable income: What’s left of an employee’s income after making legally required deductions, like taxes. Disposable income is used to decide how much of the employee’s pay will be taken for a garnishment, attachment, or earnings assignment.

disposition: The final decision by the court in a dispute.

disqualification: When a judge decides (usually voluntarily) not to hear a case. In most cases, this decision has to do with an outside interest of the judge’s that may influence his or her ability to decide the case in a fair and impartial way.

dissolution: A marriage that is ended by a judge’s decision, also known as a "divorce." (Compare nullity.)

diversion: Instead of going to jail, a defendant goes to a rehabilitation ("rehab") program and is supervised by a probation officer. When the defendant finishes the program, the charges are dismissed and the defendant is not sentenced. (Compare electronic surveillance, home detention.)

divorce: A common name for a marriage that is legally ended.

docket: A record with the complete history of each case a court hears. It contains short chronological summaries of the court proceedings.

due process: The regular way that the law is administered through the courts. The U.S. Constitution says that everyone has to have a day in court, has the right to be represented by a lawyer, and the right to benefit from court procedures that are speedy, fair, and impartial.

earnings assignment: A way for an employee to transfer (or "assign") portions of his or her future paychecks to pay a debt, like child support.

earnings withholding order: Court order delivered ("served") by a levying officer or registered process server that directs a judgment debtor’s employer to withhold the earnings of the judgment debtor for the purpose of wage garnishment.

electronic funds transfer (EFT): Electronic movement of funds from 1 bank account to another.

electronic surveillance: Use of an electronic device to keep an eye on where a sentenced person is in the community and to restrict his or her activities, instead of putting the person in jail. (See also home detention.)

emancipation: A legal way for children to become adults before they're 18. Once a child is emancipated, his or her parents don't have custody or control of him or her anymore. More.

eminent domain: The right of the state to take private property for public use after giving fair compensation to the owner.

employer’s return: Form returned to a levying officer by an employer that states whether the judgment debtor still works there and when the debtor is paid, and corrects any wrong information about the debtor or employer for the purpose of wage garnishment.

en banc: Court sessions where all the judges of a court participate, instead of the usual number. For example, the U.S. circuit courts of appeals usually use panels of 3 judges, but all the judges in the court may decide certain matters together. When that happens, they are sitting "en banc" (sometimes spelled "in banc"). It comes from French and means "on the bench."

endorse: To sign your name on a document to authorize its contents or transfer (as in a check that is endorsed to transfer money).

endorsed-filed copies: Copies of court papers that are stamped in the top right corner to show when they were filed. Compare with certified copy.

enforce: To take legal steps to make sure someone complies with a judgment.

enjoin: To order or require; to order that something be stopped.

equitable: (1) Describes civil suits in "equity" instead of in "law." In the legal history of England, courts of "law" could order only the payment of damages. But courts of "equity" could order someone to do something or to stop doing something. (See also injunction.) In American law, courts have power both in law and in equity. But usually, there can be trial by jury in "law" cases but not in "equity" cases. (2) To deal fairly and equally with all concerned. This implies not only a fair or just decision based on the law, but also a judgment guided by common-sense ideas of fairness and justice.

equity: A system of law that supplements the statutory and case law and is based on principles of what is "fair and right."

establish: A process to prove paternity (fatherhood) and/or to get a court or administrative order for child support.

estoppel: An act or statement that prevents a person from later making claims to the contrary.

et al.: In Latin, this means "and others." Refers to parties not included in the formal name of a court case.

et ux.: In Latin, this means "and wife."

eviction: See unlawful detainer.

evidence: Any proof legally presented at trial through witnesses, records, and/or exhibits.

execute: (1) To carry out all terms of a contract or court order; (2) to sign (a document); (3) to kill.

executor: A person named in a will to carry out the will’s instructions and requests. The executor is usually supervised by the probate court. Among other things, the executor takes care of the estate, pays the debts and estate taxes of the person that died, and distributes that person’s money and other property by following the instructions in the will.

execution of judgment: Legal process of enforcing a judgment, usually by seizing and/or selling property of the judgment debtor.

exempt assets: Property of a judgment debtor that is legally protected from being taken to pay the judgment.

exhibit: A document or an object shown and identified in court as evidence in a case. Normally, the court assigns an identifying letter or number in alphabetical or numerical order before exhibits are offered as evidence.

exonerate: To clear of blame or to relieve from responsibility.

exonerate bail: When the court returns money or property to the defendant or bondsman. (See also bail exoneration.)

ex parte: These Latin words mean "from 1 side only." An example is a motion that is made without giving notice to the other side. In many courts, even ex parte motions require 24-hour notice to the other side except under unusual circumstances.

expulsion: To force a student to leave school.

expunge: To strike out or erase.

extradition: Bringing a person that is in custody in 1 state to the authorities of another state where that person has been accused or convicted of a crime.

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family law court: A court that hears family matters, like divorce ("dissolution"), legal separation of spouses, annulment of marriage or domestic partnerships, child custody and support, and domestic violence petitions.

family violence indicator (FVI): The Federal Case Registry (FCR) uses this term to identify a person involved in a family violence case or order in another state. "FVI" means the person was involved with child abuse or domestic violence and says not to tell the location of a parent and/or a child that the state believes is at risk of family violence.

FAPE: Stands for a "free, appropriate public education." Used to describe special education rights.

Federal Case Registry (FCR) of Child Support: A national database of information on all people with IV-D (called "4 D") cases and people with non-IV-D orders entered or changed on or after October 1, 1998.

federal employer identification number (FEIN): A 9-digit number assigned to all employers by the Internal Revenue Service (IRS). This is used for collecting child support from a parent's paycheck.

Federal Parent Locator Service (FPLS): A computerized national network and database run by the federal Office of Child Support Enforcement (OCSE) of the Administration for Children and Families (ACF). FPLS collects address and employer information, and data on child support cases in every state; compares them; and gives this information to the proper authorities in the states involved. This helps state and local child support enforcement agencies locate alleged fathers and parents that do not have custody of their children. The information is used to establish custody and visitation rights, establish and enforce child support payments, investigate parental kidnapping, and process adoption or foster care cases.

federal question jurisdiction: Authority given to federal courts to hear a case if it involves the interpretation or application of federal law, like the U.S. Constitution, acts of Congress, and treaties.

Federal Tax Refund Offset Program: A federal program that collects overdue child support payments from parents. The program can take a parent's federal income tax refunds or federal retirement benefits.

fee: A specific amount of money that's paid in exchange for a service, such as filing a court paper.

fee waiver: Permission not to pay the court's filing fees. People with very low income can ask the court clerk for a fee waiver form. Click here for more information on fee waivers and court fees.

felony: A serious crime that can be punished by more than 1 year in prison or by death (Compare infraction, misdemeanor.)

fiduciary: A person that acts for another person's benefit, like a trustee. It can also be an adjective and mean something that is based on a trust or confidence. (See also trustee.)

file: When a person officially gives a paper to a court clerk and that paper becomes part of the record of a case.

filed-stamped: See endorsed-filed copies.

filing a form: A court form is "filed" only when the court clerk stamps it "Filed." You can give your court forms to the clerk by mail or in person.

filing fees: Money you pay to the court clerk to accept (or "file") court papers and start a civil case.

finding: When a judicial officer or jury says something is a fact.

fine: The money a person must pay as punishment for doing something illegal or for not doing something they were supposed to do.

fix-it ticket: A common name for a traffic ticket given for a malfunction on a vehicle, like a broken taillight. After fixing the problem, the vehicle owner has to get a police officer to sign the ticket to show the problem is taken care of.

foreperson: When the jury first meets to decide a case, they vote to pick 1 member of the jury as their foreperson. The foreperson is in charge of making sure that discussions take place in an orderly way, that the case and issues are fully and freely discussed, and that every juror has a chance to participate in the discussion. When the jury finishes deciding the case, the foreperson counts the votes and completes and signs the verdict form.

forfeiture: When a person must give up money or property because they didn't meet a legal obligation. (See also bail forfeiture.)

foster care: A program that gives money to a person, family, or institution to raise someone else's child. (See also IV-E and IV-E case.)

fraud: Deceiving someone on purpose in a way that financially hurts others.

fugitive: A person suspected of doing something wrong that runs away or tries to escape the law.

full faith and credit: This means a state must honor an order or judgment of another state's court.

garnishment: A legal process that allows part of a person's wages and/or assets to be withheld for payment of a debt. Wage or income garnishment is usually involuntary. (See also direct income withholding, income withholding, wage withholding.)

general plan of conservatorship: A conservator's formal plan for taking care of the conservatee's personal and financial needs. This plan must be filed with the court within 90 days after the conservator has been appointed by the court. Both conservators of the person and conservators of the estate must prepare and file general plans.

genetic testing: A medical test to determine legal fatherhood (or "paternity"). (See also blood test.)

good cause: A good reason. For example, a party must have good cause (better than not having a car or a baby-sitter) for not coming to a court hearing.

grand jury: A group of 16 to 23 citizens that listen to the prosecutor's evidence of criminal allegations and decide whether there is probable cause to believe a person committed a crime and to charge them with that crime. (See also indictment.)

guarantor: A person that promises to be responsible for the debt of another person if that person fails to pay the debt on time.

guardian ad litem: A court-appointed adult that represents a minor child or legally incompetent person. (See also ad litem.)

guardianship: In California, a court proceeding where a judge appoints someone to care for a person under age 18 or to manage the minor's estate (property), or both. In some states, conservatorship of an adult is called guardianship, but not in California. (Compare with conservatorship.)

guidelines: In family law, a standard method for figuring out child support payments based on the income of the parent(s) and other factors according to state law. The Federal Family Support Act of 1988 says states must use guidelines to calculate support for each family unless there is a written court finding saying the guidelines would be inappropriate for that case.

guilty: A court decision that a defendant committed a crime. Or when a defendant admits he or she committed a crime.

guilty plea: When a person admits in court that he or she is guilty of the crime charged in a criminal complaint, information, or indictment.

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habeas corpus: The name of a writ used to bring a person before a court or judge to decide whether that person is being unlawfully denied his or her freedom. The term comes from Latin.

hearing: A formal court proceeding with the judge and opposing sides present, but no jury.

hearsay: Statements by a witness that did not see or hear the incident in question but heard about it from someone else. Hearsay usually can't be used as evidence in court.

heir(ess): A person that inherits or receives money or property from someone that has died.

held to answer: A judge's decision at the end of a preliminary hearing in a trial court saying there is enough evidence against the defendant to have a trial. (See also bind over.)

holding cell: A cell inside a courthouse where prisoners are held in custody before and after their court appearance.

home detention: When an electronic device is put on a prisoner's body to keep track of  where the  prisoner goes in the community and what the prisoner does. Used instead of a jail sentence. (See also electronic surveillance.)

homicide: When 1 person kills another directly, or has someone else kill that person, or the person is killed by the omission of another (that is, by their failure to act when the law requires them to act). It is not always a crime. Homicide can be:

(1) excusable - the result of a lawful act when no hurt was intended or from an act of self-defense;

(2) criminal - the result of any wrongful act without any excuse or justification in law; or

(3) justifiable - the result of an intentional but lawful act such as the execution of a death sentence by an agent of the law (can also apply to self-defense). (See also manslaughter, murder.)

honor camp: A rehabilitation ("rehab") program run by the probation department that accepts people that are low risk or that are nonhabitual offenders.

IEP: Stands for "individualized education program." An IEP is designed to meet the exceptional educational needs of public school students that are eligible for special education services.

illegal parking: Violation of any state or local parking regulation.

immunity: A right to be excepted from duty or penalty. (See also privilege.)

impeachment:(1) The process of calling a witness's testimony into question. For example, if an attorney can show that a witness may have made up parts of his or her testimony, the witness is said to be "impeached." (2) The constitutional process used by the U.S. House of Representatives to "impeach" (or accuse of misconduct) high-ranking 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 to refer to objects or animals, not people.

inactive case: A pending case that has been filed, but for some reason can't be processed by the court.

in camera: A hearing held in the judge's chambers or in a court with all spectators (including the jury) excluded. From the Latin for "in chamber."

incarcerate: To put in jail.

income: Any form of periodic payment to a person, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability, pension or retirement program payments, and interest.

income withholding: When automatic deductions are made from wages or income to pay a debt like child support. Income withholding is often part of a child support order. It can be voluntary or involuntary. (See also direct income withholding, wage withholding.)

incriminate: To hold yourself or another person responsible for criminal actions.

indemnity: An obligation to provide compensation (usually money) for a loss, injury, or damage.

indictment: The formal charge issued by a grand jury saying there is enough evidence that the defendant committed the crime to justify having a trial. Used primarily for felonies. (See also information.)

indigent: This term usually refers to a person that is poor, needy, and has no one to look to for support.

in forma pauperis: This is a Latin phrase meaning permission given by a court to a person to file a case without paying the required court fees because the person can't afford to pay them.

information: A written accusation charging a person with a crime. It is presented in court by a prosecuting officer under oath and does not come from a grand jury. (See indictment.)

infraction: A minor violation of a law, contract, or right that is not a misdemeanor or a felony and can't be punished by time in prison. (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 that says a defendant can't perform, or must 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 ask that certain evidence be excluded.

innocent: Found by a court to be not guilty of criminal charges; acquitted. (See also acquittal.)

in propria persona (in pro per): When a person represents himself or herself without a lawyer. This comes from the Latin for "in one's own proper person." (See also pro per, pro se.)

inquest: A legal inquiry (investigation) in a court or before court officers authorized to hold inquiries, usually to figure out 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: When nonwage payments (like federal income tax refunds, state income tax refunds, unemployment benefits, and disability benefits) made to a parent that owes support are taken and given to the parent who is owed support.

interpleader: When 2 or more people say they have a claim to the same thing held by a third party. The third party may force them to go to trial with each other to settle their dispute.

interpreter: A person that is certified as being able to translate, orally or in writing, spoken or sign language into the common language of the court.

interrogatories: Written questions sent by 1 side in a lawsuit to an opposing side as part of pretrial discovery in civil cases. The side that receives the interrogatories must answer them in writing under oath. (See also discovery.)

interstate cases: In child support, cases where the dependent child and the parent that owes support live in different states, or where 2 or more states are involved in some case activity, like enforcement.

intestate: To die without making a will or leaving instructions for disposal of your 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 ("4-A") case: A child support case where a custodial parent and child(ren) get 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 lets the state get back some or all of its public assistance money from the noncustodial parent. (See also IV-D, public assistance, Temporary Assistance to Needy Families (TANF).)

IV-D ("4-D"): Refers to title IV-D of the Social Security Act, which says that each state must create a program to find noncustodial parents, establish paternity, establish and enforce child support obligations, and collect and distribute support payments. Any person that gets public assistance (usually TANF) is referred to the state IV-D child support program. States must also accept applications from families that do not get public assistance, if requested, to help collect child support.

IV-E ("4-E"): Refers to title IV-E of the Social Security Act, which established a federal-state foster care program that gives financial support to a person, family, or institution that is raising a child or children not their own. (See also foster care.)

IV-E ("4-E") case: A child support case where the state provides 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, the people that get public assistance are referred to their state IV-D program in order to identify and find the noncustodial parent, establish paternity and/or a child support order, and/or obtain child support payments. This allows the state to get back some or all of its public assistance payments from the noncustodial parent. (See also IV-D.)

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jeopardy: Risk to a defendant of possible conviction and punishment. In a criminal case, the defendant is usually said to be "in jeopardy" after the preliminary hearing has taken place and the jury has been sworn in.

joinder: Generally, a bringing or joining together. For example, plaintiffs joining in a suit, or a joining of actions or defense.

judge: An official of the judicial branch of government with authority to decide lawsuits brought before courts. The term "judge" may also refer to all judicial officers, including Supreme Court justices.

judgment:(1) The official decision of a court that resolves the dispute between the parties to a lawsuit; (2) the official decision or finding of a judge or administrative agency hearing officer about the respective rights and claims of the parties to an action; also known as a "decree" or "order," and may include "findings of fact and conclusions of law"; (3) the final decision of the judge stating which party has won the case  and the terms of the decision. Can be "n.o.v.," which means a ruling in favor of 1 party even though there had been a verdict for the other party, or "summary," which means a court's decision before a trial saying that no facts are disputed in the case and that 1 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: The party that the judgment has been entered against.

judgment debtor's statement of assets: In small claims, the form listing the judgment debtor's assets and sources of income that the judgment debtor must complete and send to the judgment creditor within 30 days after receiving notice of the court's decision.

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. It was established to standardize court administration, practice, and procedure by adopting and enforcing court rules.

Judicial Council forms: The Judicial Council of California has created many forms (called "Judicial Council forms") to standardize the preparation of court documents. People involved in lawsuits (also called "litigants") must use Judicial Council forms that are labeled "mandatory" and may use forms that are labeled "optional."

judicial district: The state is divided into judicial districts that define the geographical area of each court's authority.

judicial officer: Judges, referees, and commissioners that make court decisions as a judge.

judicial positions: The judge, referee, and commissioner positions authorized by the state Legislature for a particular court 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.

jurisdictional limit: The maximum amount of money that a court can award. The limit is $5,000 for most small claims cases, but a claimant can't file more than 2 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 picked according to law and authorized to decide a case. Can be: (1) grand, that is, a body of citizens that determines whether probable cause exists that a crime has been committed and whether an indictment should be issued; (2) hung, that is, a jury that can't agree on a verdict after a suitable period of deliberation ; (3) petit (or "trial"), that is, an ordinary jury for the trial of a criminal or civil action; or (4) special, that is, a jury ordered by the court, on the motion of either side, in cases that are unusually important or complicated. (See also grand jury, petit jury.)

jury commissioner: The local official responsible for giving the court lists of qualified potential jurors.

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 in court for possible service on a jury; the list of jurors picked to decide a case.

juvenile: A person younger than the legal age of adulthood, which usually is 18 years but in some cases is 21 years. (See also minor.)

juvenile court: That part of the superior court that handles delinquency, status offense, and dependency cases involving minors.

keeper: An officer that the court appoints to be responsible for 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 time to obtain cash and credit card receipts for payment to the judgment creditor. (See also judgment creditor, judgment debtor.)

laches: Excessive lapse of time in enforcing a right that can be enforced by legal action; negligence in failing to act more promptly.

landlord: An owner, also called "lessor," that 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 caused 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: Stands for "local educational agency," usually the local school district, responsible for providing special education services to eligible public school students.

lease: An agreement for renting real property. A lease is usually written and for a specific amount of time, such as 1 year. A rental agreement for a place where you live (apartment or house) can be oral and is usually on a month-to-month basis.

legal father: A man that is recognized by law as the male parent of a child.

legal separation: You and your spouse or domestic partner can end your relationship but still remain legally married or partnered, 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 paper that states that the conservator is authorized to act on the conservatee's behalf. Also called "Letters."

levy: To obtain money by legal process through seizure and/or sale of property.

levying officer: Sheriff or marshal that is given the power by a writ of execution to levy on a judgment debtor's property.

libel: False and malicious material that is written or published that is defamatory and hurts a person's reputation. (Compare slander.)

license hold: The action taken to prevent someone from renewing their driver's license until a legal matter is settled.

lien: A claim on property to prevent the sale or transfer of that property until a debt is paid. 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 decision of a case; from the Latin for "a pending suit."

litigants: The parties (sides) involved in a lawsuit.

litigate: To conduct or engage in a lawsuit.

litigation: A case, controversy, or lawsuit. The people involved in lawsuits (plaintiffs and defendants) are called "litigants."

local child support agency: See child support enforcement (CSE) agency.

Local forms: Courts create local forms to standardize the preparation of documents in their court. Local forms are different from Judicial Council forms. Local forms can usually only be used in the court that adopted the form. Most Judicial Council forms can be used in every Superior Court in California. Click here to see a sample Judicial Council Form (PDF). Judicial Council forms always have "Judicial Council of California" printed in the bottom left corner of the first page. You can usually get local forms at a court clerk's office or on a court's web site. Look for "forms" or "court forms."

long-arm jurisdiction: Legal provision that lets 1 state claim personal jurisdiction over someone that lives in another state. There must be some meaningful connection between the person and the state or district that is claiming jurisdiction in order for the authority of a court or agency to reach beyond its normal jurisdictional border.

LRE: Stands for "least restrictive environment." This means that, whenever possible, special education students must be placed in regular classrooms with their mainstream, nondisabled peers while still having their special educational needs met.

magistrate: A judicial officer with the power to issue arrest warrants and find probable cause at preliminary hearings. (Compare with commissioner, judge, referee.)

maim: To cripple or mutilate in any way; to injure a person in a way that deprives him or her of the use of any limb or other part 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 with misfeasance, nonfeasance.)

mandatory: Required, ordered.

manifestation determination: Part of a pre-expulsion assessment in which the individualized education program (IEP) team figures out if a special education student's misconduct that otherwise could result in 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, but unintended killing of a person. Can be voluntary, like when someone is killed unlawfully under circumstances that don't include a premeditated intent to kill. Or involuntary, like when someone is killed unintentionally as a result of someone else performing another unlawful act or negligently performing a lawful act. (Compare with murder; see also homicide.)

marital settlement agreement: In a dissolution of marriage, legal separation, or annulment, a stipulated judgment will often include a marital settlement agreement (MSA). A marital settlement agreement is a written contract between you and your spouse that contains detailed legal wording about how the issues in your case will be handled. It is usually used when there are complicated issues of property, debt, support, or custody that need to be set out in the judgment.

marshal: A peace officer that has the power to arrest, to serve legal papers in civil cases and subpoenas and to act as bailiff in the courtroom.

mayhem: Unlawfully and