Act: An expression of will or performance voluntarily
done by a person and of such nature that certain legal consequences attach to
it.
Action: A lawsuit or other judicial preceding whose purpose is to obtain
relief from a court of law.
Administration: The collections, management, settlement and distribution
of the assets of an estate.
Affiant: A person who makes and subscribes (confirms) to the truth of an
affidavit.
Affidavit: A written declaration or statement of facts made under oath
or before an authorized officer.
Aggrieved Party: One who has been injured or has suffered a loss, or
whose legal rights have been threatened or damaged.
Agreement: An oral or written promise between two or more parties to do
something.
Alias: An assumed or additional name that a person has used or is known
by.
Amendment: A change in a pleading that is already before the court to
make a correction.
Answer: The defendant's (or respondent's) written respond to the claims
in the complaint filed by the plaintiff (or appellant).
Answer to Interrogatories: A
reply made by a party to the written questions served by another party.
Appeal: Request to a higher court to review the decision of a lower
court in order to correct mistakes or injustices.
Appearance: The coming into court as a party to a lawsuit or action.
Appellant: A person who files an appeal.
Appellant Court: The courts having jurisdiction to hear appeals from
lower courts. Cases from Circuit Courts may be appealed to the Court of Appeals
except those cases, which are within the exclusive jurisdiction of the Supreme
Court.
Application: The act of making a request.
Attachment: A process of seizing property; a person upon the authority
of a court order.
Attorney: A person licensed to practice law.
Calendar Year: From January through December.
Creditor: A person or business that is owed a debt by another person who is the
“debtor”.
Debtor: One who owes an obligation or debt to another.
Default: The failure to perform a legal duty, observe a promise, or
fulfill an obligation.
Default Judgment: Judgment taken against a party upon default of that
party. A judgment in favor of the plaintiff because the defendant failed to
show up for the trial.
Delinquent: Overdue and unpaid; willfully and intentionally failing to carry out an obligation.
Deposition: The testimony of a witness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony, reduced to writing and duly authenticated under oath or affirmation, and intended to be used upon the trial of an action in open court.
Discovery: The disclosure of that which was previously unknown; the
pre-trial devises that can be used by one party to obtain facts and information
about the case from the other party in order to assist the party’s preparation
for trial; includes depositions, interrogatories, production of documents or
things, permission to enter upon land or other property, physical and mental
examinations, and requests for admission. See also Deposition,
Interrogatories, and Production of Documents.
Dismissal: A court order or judgment that puts a case out of court; a
type of disposition.
Dismissal With Prejudice: Dismissing a case without being able to file
another case for the same issue.
Dismissal Without Prejudice: Dismissing the case at the present time but
reserving the right to re-file a new petition on the same issue, within a
specific time period.
Disposition: The result of the case; disposed: no further action is
necessary in the case; the court’s decision of what should be done about a
dispute that has been brought to its attention.
Evidence: Proof presented at a trial, which may be established by witness,
testimony, records, or documents.
Exclusion: The act of denying entry or admission.
Execution: (In Civil Matters) A court order directing a sheriff or other
officer to enforce a judgment usually by the seizing and selling of the
judgment debtor’s property. An order for the sheriff to attach any property of
a judgment debtor in the amount that will satisfy the judgment. See also
Garnishment. (In Criminal Matters) The carrying out of a death sentence.
Executor: (In Probate Matters) A person specifically named in another’s
will to carry out the directions of the will. See also Will.
Exempt Property: (In Probate Matters) Personal property that a surviving
spouse is automatically entitled to receive from the deceased person’s estate.
Exhibit: A document, record, or other object formally introduced as
evidence in court.
Expunge: Physically destroying records upon an order of the court.
Garnishee: A third party, such as an employer or bank, that collects or
holds money for the losing party, and is ordered to give the money to the court
rather than to the losing party. See also Garnishment.
Garnishment: A means of obtaining satisfaction of a judgment by
acquiring a court order for possession of goods, monies, and effects of a
debtor that are in possession of another party, such as an employer.
General Execution: A court’s written order commanding an officer to
satisfy a judgment out of the property of a debtor.
See also Execution.
Good Cause: Sufficient grounds from a legal point of view; substantial
and convincing reason.
Harassment: Words, conduct, or action, usually repeated or persistent
that, being directed at a specific person, annoys, alarms, or causes
substantial emotional distress in that person and serves no purpose.
Hearing: A proceeding in court or with a hearing officer where each
party presents their side's evidence and arguments, and a decision is made
based on the information presented and the law as it applies to the facts.
In Forma Pauperis (Fee Waiver and Fee Waiver Form): A sworn statement
used to determine whether someone meets the income guidelines so that they are
not required to pay court fees.
Incident: An occurrence or happening.
Instrument: A written legal document.
Interest: The amount owed to the lender in return for the use of
borrowed money.
Interrogatories: Written questions from one party to another which must
be responded to in writing with answers sworn under oath. See also
Discovery.
Judge: A public official who hears and decides cases brought before a
court of law.
Judgment: The official decision of the court. Judgments may be appealed.
Judgment Creditor: Person who has obtained a judgment against another.
Judgment Debtor: A person who owes money to someone else, as directed by
a court.
Judgment Lien: A lien on the real estate of a judgment debtor; the
judgment must be satisfied before the debtor may sell the property.
Jurisdiction: The geographical area within which a court has the right
and power to operate; persons about whom or subject matters about which a court
has the right and power to make decisions.
Lawyer: A representative of clients, an officer of the legal
system, and a public citizen having special responsibility for the quality of
justice. As a representative of clients, a layer performs various
functions. As Advisor, a lawyer provides a client with an informed understanding
of the client's legal rights, and obligations and explains their practical
implications.
Levy: To execute, seize; obta
Garnishment: A means of obtaining satisfaction of a judgment by
acquiring a court order for possession of goods, monies, and effects of a
debtor that is in possession of another party, such as an employer.
General Execution: A court’s written order commanding an officer to
satisfy a judgment out of the property of a debtor.
See also Execution.
Good Cause: Sufficient grounds from a legal point of view; substantial
and convincing reason.
Harassment: Words, conduct, or action, usually repeated or persistent
that, being directed at a specific person, annoys, alarms, or causes
substantial emotional distress in that person and serves no purpose.
Hearing: A proceeding in court or with a hearing officer where each
party presents their side's evidence and arguments, and a decision is made
based on the information presented and the law as it applies to the facts.
In Forma Pauperis (Fee Waiver and Fee Waiver Form): A sworn statement
used to determine whether someone meets the income guidelines so that they are
not required to pay court fees.
Incident: An occurrence or happening.
Instrument: A written legal document.
Interest: The amount owed to the lender in return for the use of
borrowed money.
Interrogatories: Written questions from one party to another which must
be responded to in writing with answers sworn under oath. See also
Discovery.
Judge: A public official who hears and decides cases brought before a
court of law.
Judgment: The official decision of the court. Judgments may be appealed.
Judgment Creditor: Person who has obtained a judgment against another.
Judgment Debtor: A person who owes money to someone else, as directed by
a court.
Judgment Lien: A lien on the real estate of a judgment debtor; the
judgment must be satisfied before the debtor may sell the property.
Jurisdiction: The geographical area within which a court has the right
and power to operate; persons about whom or subject matters about which a court
has the right and power to make decisions.
Lawyer: A representative of clients, an officer of the legal
system, and a public citizen having special responsibility for the quality of
justice. As a representative of clients, a layer performs various
functions. As Advisor, a lawyer provides a client with an informed
understanding of the client's legal rights, and obligations and explains their
practical implications.
Levy: To execute, seize; obtain money by seizure and sale of property;
collect a sum of money on an execution. See also Execution.
Lien: A claim on another person’s property. See also
Encumber/Encumbrance and Mechanic’s Lien.
Litigant: A party in a lawsuit.
Litigation: The process of carrying on a lawsuit; a civil action in
which a controversy is brought before the court.
in money by seizure and sale
of property; collect a sum of money on an execution. See also Execution.
Lien: A claim on another person’s property. See also
Encumber/Encumbrance and Mechanic’s Lien.
Litigant: A party in a lawsuit.
Litigation: The process of carrying on a lawsuit; a civil action in
which a controversy is brought before the court.
Mechanic’s Lien: A claim that may be filed by a person for labor and materials furnished in constructing or repairing a building which amount is still due and owing.
Mediation: A method of solving problems without going to court.
Mediator: A pe
Mechanic’s Lien: A claim that may be filed by a person for labor and
materials furnished in constructing or repairing a building which amount is
still due and owing.
Mediation: A method of solving problems without going to court.
Mediator: A person who helps resolve disputes between two or more
parties.
Miscellaneous Charges: An amount charged for the performance of a
particular service by a person or organization other than the court.
These charges are specified by statute.
Modification: A change or alteration.
Motion: A request that a judge make a ruling or take some other action;
an application for a ruling or order to a court or judge in favor of the party
making the motion; generally made in reference to a pending action or may
address a matter in the court’s discretion or concern a point of law; may be
oral or written.
Notary Public: A public officer whose function is to administer oaths,
to attest and certify by his hand and official seal.
Notice: Knowledge of certain facts; formal receipt of the knowledge of
certain facts; information required by a party in a case to give to another
party in the case; usually made by either mail, posting or through a
publication, such as a newspaper. (i.e.
Notice of Hearing)
Notice of Hearing: An official notice telling the parties when a hearing
is scheduled.
Open Case: A pending case; a case that has not had a final judgment
rendered.
Opening Statement: A summary of the case and the evidence that will be
presented. This summary is given by each side of a case at the beginning of a
hearing.
Perjury: The act or an instance of a person’s deliberately making false
or misleading statements while under oath.
Petition: A formal written request to the court for a specific action.
Additionally, in a civil case, written statements stating the claims against
the defendant.
Petitioner or Plaintiff: In a civil case, the person who files a claim
against another person. In divorces, this is the person who files or who starts
the divorce. See also Plaintiff, Defendant, and Respondent.
Plaintiff: Person who initiates a legal proceeding against
another person. See also Plaintiff, Defendant and Respondent.
Plea: The defendant’s formal answer to a criminal charge.
Pleadings: Documents filed in a case; statement of facts, presented in a
logical and legal form, which constitute a plaintiff’s cause of action or
defendant’s grounds of defense.
Principal: The amount of a debt, investment or other fund, not including
interest, earnings or profits.
Pro Se: To act on one’s own behalf; appearing for oneself; representing
oneself; to represent oneself in a court action without an attorney.
Proceeding: A case or business in court; the form and manner of
conducting judicial business before a court or hearing officer.
Process: The court document in the delivery of service. See also Service
of Process.
Production of Documents: The process or act of providing copies of
documents or other written material at the request of another party in a case.
See also Discovery.
Pursuant to: In compliance with; in accordance with; as authorized by.
Record: To commit to writing, printing, or such; make an official note
of; written account of act, court proceeding, transaction, or instrument, drawn
up, under authority of law, by a proper officer and designed to remain as a
permanent part of the matter to which it relates.
Remedy: The relief given or ordered by a court to enforce a right or
wrong, such as returning property or the monetary value of a loss.
Respondent: An individual against whom proceedings are
initiated.
Respondent – The person a civil lawsuit or a divorce is being brought against;
similar to defendant.
Responsive: Pleadings Answering pleadings.
Restitution: Returning property or the monetary value of a loss to the
proper owner. Putting someone back into the position he or she was in before a
loss or injury
Miscellaneous Charges: An amount charged for the performance of a particular service by a person or organization other than the court. These charges are specified by statute.
Modification: A change or alteration.
Motion: A request that a judge make a ruling or take some other action; an application for a ruling or order to a court or judge in favor of the party making the motion; generally made in reference to a pending action or may address a matter in the court’s discretion or concern a point of law; may be oral or written.
Notary Public: A public officer whose function is to administer oaths, to attest and certify by his hand and official seal.
Notice: Knowledge of certain facts; formal receipt of the knowledge of certain facts; information required by a party in a case to give to another party in the case; usually made by either mail, posting or through a publication, such as a newspaper. (i.e.
Notice of Hearing)
Notice of Hearing: An official notice telling the parties when a hearing is scheduled.
Open Case: A pending case; a case that has not had a final judgment rendered.
Opening Statement: A summary of the case and the evidence that will be presented. This summary is given by each side of a case at the beginning of a hearing.
Perjury: The act or an instance of a person’s deliberately making false or misleading statements while under oath.
Petition: A formal written request to the court for a specific action. Additionally, in a civil case, written statements stating the claims against the defendant.
Petitioner or Plaintiff: In a civil case, the person who files a claim against another person. In divorces, this is the person who files or who starts the divorce. See also Plaintiff, Defendant, and Respondent.
Plaintiff: Person who initiates a legal proceeding against another
person. See also Plaintiff, Defendant and Respondent.
Plea: The
defendant’s formal answer to a criminal charge.
Pleadings:
Documents filed in a case; statement of facts, presented in a logical and legal
form, which constitute a plaintiff’s cause of action or defendant’s grounds of
defense.
Principal: The amount of a debt, investment or other fund, not
including interest, earnings or profits.
Pro Se: To act on one’s
own behalf; appearing for oneself; representing oneself; to represent oneself in
a court action without an attorney.
Proceeding: A case or business
in court; the form and manner of conducting judicial business before a court or
hearing officer.
Process: The court document in the delivery of
service. See also Service of Process.
Production of Documents:
The process or act of providing copies of documents or other written material at
the request of another party in a case. See also Discovery.
Pursuant to: In compliance
with; in accordance with; as authorized by.
Record: To commit to writing, printing, or such; make an official
note of; written account of act, court proceeding, transaction, or instrument,
drawn up, under authority of law, by a proper officer and designed to remain as
a permanent part of the matter to which it relates.
Remedy: The relief given or ordered by a court to
enforce a right or wrong, such as returning property or the monetary value of a
loss.
Respondent – The person a civil lawsuit or a divorce is being brought against; similar to defendant.
Responsive: Pleadings Answering pleadings.
Restitution: Returning property or the monetary value of a loss to the proper owner. Putting someone back into the position he or she was in before a loss or injury.
Satisfaction(of Judgment): Taking care of a debt or obligation by paying it; an entry made on the record, by a party in whose favor a judgment was rendered, declaring that the judgment has been paid.
Sequestration: A written order of the court commanding the sheriff or other officer to seize the goods of a person named in the written order. Sometimes issued against a civil defendant or public employer.
Service of Process: The legal methods of delivering documents to an opposing party in a lawsuit and proving to the court (by filing a Certificate of Service) that the papers were received. The delivery of an official court document is done by an authorized official, such as a sheriff. See also Process.
Settlement: An oral or written agreement to resolve a problem, especially before going to court.
Small Claim: The inexpensive adjudication of a case when the amount of claim does not exceed $Proceedings are conducted informally before a judge without a jury, and the parties may represent themselves without an attorney and the formal rules of evidence do not apply.
Special Process Server: A person at least 18 years of age, appointed by the court to deliver official court documents.
Statute: A law.
Statutory: Required or created by statute.
Stay: To stop or hold off; to hold in abeyance. See also Abeyance.
Stay of Execution: Stopping the execution of a judgment for a limited time.
Subpoena: A court’s order to a person that he or she appear in court to give testimony or produce documents.
Subsequent: Occurring later; occurring after something else.
Summons: A written notice informing a person of a lawsuit against
him or her, and tells them when and where to appear in court.
Surcharges:
Additional charges allowed by statute for specific purposes.
Surety: A person or company that insures or guarantees that
another person will fulfill their obligation.
Tenant: A person who occupies real estate
belonging to another.
Terminate: To end.
Testimony: A solemn statement made under oath.
Trial: The proceedings in a court where the issues between the parties are heard, and decision upon the issues is made.
Trial De Novo: A new trial before another judge.
Uncontested: A lawsuit in which the party against whom it is filed does not dispute it.
Vacate: To set aside.
Venue: The specific county, city, or geographical area over which a court has authority.
Writ: A written court order requiring specific action by the person or entity to whom the order is directed.
Writ of Execution: (In Civil Matters) A court’s written order directing a sheriff or other officer to enforce a judgment usually by the seizing and selling of the judgment debtor’s property. An order for the sheriff to attach any property of a judgment debtor in the amount that will satisfy the judgment. See also Garnishment.