Glossary of Legal Terms

ACCUSATORY INSTRUMENT

A document in which an accusation of crime is set forth like an indictment, information or complaint.

ACQUITTAL

A finding of not guilty by a jury or judge because they believed the accused to innocent of any wrong doing OR they were not convinced “beyond a reasonable doubt” that the accused committed the act(s) for which he was charged.

AFFIDAVIT

A voluntary statement reduced to writing and sworn to or affirmed before someone legally authorized to administer an oath or affirmation (notary public).

APPEAL

Asking a higher court to review a decision of a lower (generally, trial) court or administrative agency.  The state may not appeal from a verdict of acquittal in a criminal case because to do so would violate defendant’s constitutional right not to be put in jeopardy twice for the same offense.

ARRAIGNMENT

A defendant’s first appearance before a judge after arrest.  The defendant is charged with a specific crime or crimes and is read legal rights.  Release on bail or personal promise to      return (recognizance) is also decided.

CITATION TO APPEAR

A legal paper requiring the named person to appear in court.

CIVIL COMPROMISE

An agreement between the victim/survivor, defendant and stated by which a criminal case is settled without prosecution.  E.g., restitution is made or the defendant agrees not to enter on the victim’s premises again (in the case of a commercial establishment).  Must be approved by the court.

CIVIL LAW

The body of law which governs rights and remedies between private individuals; the
judgment is made mostly in terms of financial restitution.

COMMON LAW

Non-statutory, judge-made law.  Appellate court decision that create and explain principles of law.

COMPENSATORY DAMAGES

Money awarded to compensate victim/survivor for actual losses suffered.  (Civil suit only).

COMPLAINANT

One who asks the court for legal redress by filing a complaint (i.e. the plaintiff in a civil suit).  Also, private citizen who initiates prosecution.

COMPLAINING WITNESS

Victim in a criminal case.

COMPLAINT

In criminal law, a written accusation that the named person has committed an offense other than a felony and must appear and answer the charge.  In civil law, the written instrument by which the plaintiff invokes the jurisdiction of the court and sets out the reasons to support it.

CONTEMPT

Violation of or failure to comply with a court order.

COURT

The state court that has power (i.e. jurisdiction) over crimes called misdemeanors and over civil cases where the amount asked for is under $10,000 is circuit court.  The state court that has power over civil cases where the amount asked for is over $10,000 is district court.  Also does all family, juvenile, and probate (will and mental commitment) cases in most counties.

CRIME REPORT

Information of criminal activity that is prepared by police officers.

CRIMINAL LAW

The body of law, which governs public wrongs (offenses against the state) and their
punishment.

CUSTODY

Physical control of a person.  In criminal law, detention of an individual by virtue of legal process or authority.  In civil law, custody of a child means the control, care and maintenance of a child.

DAMAGES

The sum of money which the law awards or imposes as monetary compensation, recompense or satisfaction for an injury done or a wrong sustained as a consequence either of a breach of a contractual obligation or a tortuous act.

DECREE

A judgment of a court; a final determination of the rights of the parties in certain kinds of civil suits (e.g. decree of dissolution of marriage).

DEFENDANT

In criminal law, the accused individual.  In civil law, the person being sued.

DISMISSAL

Termination of a legal action.  Can be voluntary by the initiating party (including the district attorney in a criminal case) before a decision on the merits.  Can be voluntary by judge either before of after a decision on the merits.  When a case is dismissed, the defendant is not held responsible.

However, a case be dismissed without prejudice-which allows the initiating party to file the case again.  If it is dismissed with prejudice, the case cannot be refilled.

DISCRETION

Power to exercise judgment, establish policy within general rules and principles of law.  May not be exercised arbitrarily.  E.g. prosecutor has discretion to decide which cases to prosecute.  Judge has discretion to decide what legal instructions to give jury.  Will not be overturned by higher court absent abuse.

DISSOLUTION OF MARRIAGE

Divorce.  Legal action ending marriage.

DISTRICT ATTORNEY   see “Prosecutor”.

DIVERSION

A disposition of a criminal defendant, either before or after adjudication of guilt, in which the court directs the defendant to participate in a work or educational program.  Literally, defendant is diverted from the criminal justice system.  If s/he does not complete the diversion program, s/he is subject to prosecution or sentencing.

EX PARTE ORDER

An order made by the court upon request of one of the parties to a legal action without notice to the other.

FELONY

Crime of a more serious nature than that designated as a misdemeanor with graver penalties.  The difference between misdemeanor and felony cases in domestic violence has to do with the degree (seriousness) of injury inflicted and whether or not a weapon is involved in the assault.

GRAND JURY

Body of citizens whose duty consists in determining whether probable cause exists that a crime has been committed and whether a particular person should be indicted for it.  It is an accusatory body; its function does not include a determination of guilt.

HEARING

A formal proceeding in court before a judge.  Can be civil or criminal.  Opportunity to present (and dispute) issues of law or fact to a judge for a decision.  (Proceedings before legislative and administrative bodies are also called hearings).

IMMUNITY

Whereby a person cannot be sued for civil wrongs.  E.g. a judge is “immune” from suit for any decision s/he makes in his/her judicial capacity.

IN CAMERA

In the judge’s chambers; in private; out of the hearing of the jury and spectators.

INDICTMENT

A written accusation that one or more persons have committed a crime, presented upon oath, by a grand jury.  Circuit court felony cases.

INFORMATION

A written accusation charging a named person with the commission of an offense punishable as a felony.  The district attorney can file an information in lieu of a grand jury indictment, where a preliminary hearing is held.

INJUNCTION

A court order to refrain from or to do a particular act.

JUDGMENT

Decision of a court.  Final determination by the court of the rights of the parties upon matters submitted to it.

JURISDICTION

Authority of court to exercise power.  If a court has not been granted jurisdiction by statute or constitution, it is without authority to act and any action taken by the court is void.

JURY (PETIT JURY)

Body of persons temporarily selected from the citizens of a particular district and in vested with power to decide factual issues in a civil or criminal case.

MALFEASANCE

Acting improperly (generally referring to public officials, employees and agents).

MANDAMUS

“We command”. A writ (order) issued by a higher court to a judge or public official,         commanding her/him to perform a duty mandated by law, where the judge or official has   refused or failed to carry out the mandatory duty.

MISDEMEANOR

Offenses less serious than felonies.  Convictions can generally result in sentences for          individuals of up to one year’s imprisonment, a fine, or both.  Misdemeanors come under the jurisdiction of the District Court.  Many domestic violence cases are charged as Assault IV, a class A misdemeanor.

MODIFICATION

A change in an existing court order.  Only a judge can modify an order made by another judge and only for reasons set forth in law.  For example, a court order establishing custody of or support for a child can only be modified where circumstances have significantly changed since the initial order.

NEGLIGENCE

A lack of due care which causes injury (not an intentional act).

NOLO CONTENDERE (NO CONTEST)

Plea in criminal case that means guilt is neither admitted nor denied.  Has similar legal effect to plea of guilty, except it may not be used against defendant in civil action based upon same acts.  Requires court consent.

NONFEASANCE

Failure to act (generally by public official).

ORDER

The judgment or conclusion of a court on any motion or proceeding by which affirmative relief is granted or denied.

ORDINANCE

Generally, law enacted by a city.

PAROLE

When a person is released from prison conditionally he or she is on parole.  They must adhere to certain conditions and report to an assigned parole officer.  If they violate any of the stated conditions, they can be returned to prison without a new trial.

PETITION

A written request filed in court, such as a petition to Circuit Court for a temporary restraining order under the Abuse Prevention Act.

PETITIONER

The one who files a petition initiating action asking the court to do something.

PLAINTIFF

Person who initiates lawsuit in a civil action.

PLEA

A defendant’s answer to the crime charged.  A defendant can plead guilty, not guilty or nolo contendere (no contest).  The plea is made to a judge in court.

PLEA BARGAIN

Process whereby accused and prosecutor in criminal case work out mutually satisfactory    disposition of case subject to court approval.  Usually involves defendant pleading guilty to a lesser offense or to only some of the counts of a multi-count indictment in return for lighter sentence than possible for the more serious charge.

PRELIMINARY HEARING

Hearing before a judge given to a person accused of a crime to determine whether there is evidence to establish cause to believe that a crime has been committed by the defendant named (an alternative procedure to indictment by a grand jury).  If there is sufficient evidence, the defendant is bound over to Circuit Court.

PRE-TRIAL CONFERENCE

A meeting between the judge and legal counsel for both parties, prior to the trial at which time the district attorney informs the defendant of all the evidence against him.  Defendant can decide to plead guilty at the time and he will not go to trial.  If he still pleads not guilty, a trial will be set.  Procedure is applicable to both felony and misdemeanor cases.

PROBABLE CAUSE

Reasonable cause.  Having more evidence for than against.  Required to make arrest, initiate prosecution.

PROBATION

A kind of sentence where a judge decides to keep tabs on a person either directly (bench probation) or through a probation officer (formal probation).  Conditions of probation can   include serving jail time, paying a fine, doing community service, alcohol, drug or other  counseling programs, staying away from certain people and places, etc.  Violation of the terms of probation can result in imprisonment.

PROSECUTOR

In criminal cases, the district attorney (representing the state) who brings action against another for violation of the law.

PUNITIVE DAMAGES

Money awarded as punishment for outrageous conduct and to deter future transgressions.  The state cannot be made to pay punitive damages.  (Civil suit only).

RECOG (RECOGNIZANCE)

Defendant’s “promise to appear”.  Conditional release from jail until case is terminated.      Frequently used in lieu of a defendant bailing out of jail and referred to as, “Released on own recognizance, pending further court proceedings with the promise to appear”.

RESPONDENT

Person named in a petition to the court as the one who should be required to answer why, if at all, the petition should not be granted.  Similar to a defendant.

RESTITUTION

Full, partial nominal payment of certain damages, such as the money equivalent of property taken, destroyed, broken or otherwise harmed, and losses such as medical expenses and costs of psychological treatment or counseling.

RESTRAINING ORDER

An order, signed by a judge, that says that a person cannot do something (e.g. harass, hit, yell at, bother another person or must leave or stay away from a certain place).  The order must be given to the person before it works.  If a person disobeys it, s/he can be arrested.

SENTENCE

The penalty the judge gives to a defendant after s/he pleads guilty, no contest or loses at trial.  A sentence can include time in jail, a fine, or probation with certain conditions.  The maximum length of jail time and amount of fine possible are set by law.

SERVICE (SERVICE OF PROCESS)

Delivery of legal papers to a person named in them and required to answer them.  Service   requirements vary from personal service (preferred) to notice by posting in public place and publication in newspaper.

STATUTE

Law enacted by state legislature.  Act of legislature declaring, commanding or prohibiting something.

STATUTE OF LIMITATIONS

Law establishing time within which a legal action must be initiated.  Time varies for different wrongs and whether potential liability is civil or criminal.

THIRD PARTY LITIGATION

Civil suit brought against a person or entity only indirectly responsible for injury or loss, where another individual has direct responsibility.  E.g. suit against landlord for injury caused by intruder who gained entry because of inadequate security.

TRIAL

An examination and determination in court of issues between parties.  May be civil or criminal.  Judge or jury may decide the facts.  Judge always decides the issues of law.

TORT

An injury or wrong committed to the person or property of another for which the injured can sue for money damages and other relief.

VERDICT

Formal decision made by jury on issues submitted to it.

VIOLATION

An offense is a violation if it is so designated in the statute defining the offense is punishable only by a fine, forfeiture, fine and forfeiture or other civil penalty.  Conviction does not give rise to any disability or legal disadvantage based on conviction of a crime.

WARRANT

Written order from the court directing an officer to arrest a person.

WRIT OF ASSISTANCE

A court order directing a sheriff or police officer to provide assistance in enforcing another court order, e.g. picking up children and returning them to their lawful custodian, removing a batterer from a residence.