# Legal glossary - part 2 ## D Damages - Money a party receives as compensation for the plaintiff or prosecutor Damnum sine injuria - Latin for "damages without injuries", where no legal remedy exists because there were no legal damages Day Incarceration Center - aka DIC, a community-based program that provides services, supervises, and monitors clients every day during daytime hours who would otherwise be incarcerated Debt - A duty owed by a party to another party Debt Validation - A consumer's right to challenge a debt and receive written verification of debt from a debt collector Declaration - An unsworn statement of facts made by a party to the transaction, or by one who has an interest in the facts recounted De facto - Latin for "by fact", rules that are factual irrespective of law or culture, in contrast with de jure De jure - Latin for "by law", laws that are written down, in contrast with de facto Deed - A legal instrument that transfers an interest, right, or property between entities that must be signed, attested, delivered, and sometimes sealed Default - To fail to respond or answer to the plaintiff's claims by filing the required court document; usually an Appearance or an Answer Default Rules - Rules in the hypothetical complete contract that can be amended, in contrast with mandatory rules Defendant - The person who is given court papers (aka Respondent) in civil cases, or the person who is arrested and charged with a crime in criminal cases Delegation - A process in contract and international law where a delegator transfers responsibilities to a delegate, similar to an agent Delinquent - Failing to pay an amount of money when due in civil or family cases, or a child who violated a law, local ordinance, or an order of the Superior Court in juvenile cases Dépeçage - A conflict of laws where different issues in a single case are governed by laws of different jurisdictions Dependent - Someone whose capacity for decision-making person regarded as unable to take care of their personal affairs is at least partially entrusted to a Guardian, typically children but also includes elderly and disabled Deposition - A word-for-word account (Transcript) made of the testimony of a witness taken, under oath in a courtroom or outside a courtroom (usually in a lawyer's office) in response to another party's questions Derivative - A contract that derives its value from an entity's underlying performance Detention Hearing or Detention Release Hearing - A hearing on the first business day after a juvenile is admitted to juvenile detention concerning the legality and appropriateness of their continued detention, which must be reviewed at least every fifteen days Dictum - Statement of law made by the judge in the course of the decision but not necessary to the decision itself Discovery - A formal request by one party in a lawsuit to disclose information or facts known by other parties or witnesses Dismissal - A judge's decision to end the case Dismissal Without Prejudice - A judges decision to end the case which permits the plaintiff or prosecutor to renew the case later, while dismissal "with prejudice" by contrast prevents the complainant or prosecutor to bring or maintain the same claim or action again Dispose - Ending a legal case or a judicial proceeding Disposition - How a case is settled or resolved Dissolution - aka Divorce, the legal end of a marriage Diversionary Programs - Community-based programs that are used to keep eligible, convicted criminal offenders out of prison Docket - A list of cases scheduled to be heard in court on a specific day or week Docket Number - A unique number the court clerk assigns to a case, which must be used on all future papers filed in that case, with each docket number starting with two letters to indicate the type of case: - CI = criminal infraction - CR = criminal case - CV = civil case - FA = family case - MI = motor vehicle infraction - MV= motor vehicle case - SC = small claims Domicile - The permanent home of a person, and is only 1 residence even if they have several Donatio mortis causa - Latin for "gift because of death", a gift given in expectation of the donor's imminent death Drop Dead Date - The final date of a contract or court order before stated consequences happen Drug Court - A Special Session of the Superior Court that is responsible for hearing cases involving charges of drug offenses Dual Control - A principle where at least two employees must complete an internal control task Dual-Use Goods - Products or technology that can be used for either military or civilian purposes Due Diligence - The amount of investigation or care a reasonable person or entity is expected to take before engaging in a contract Dunning - The process of methodically communicating with customers to ensure the collection of debts Duty - An action someone is responsible to do or not do Duty of Care - In tort law, a legal obligation imposed on an individual to adhere to a standard of care Dying Declaration - A statement a person makes when they are near death, tends to have more weight in legal proceedings than typical statements ## E Education Program - A program for family violence offenders that, if granted and successfully completed, results in dismissal of criminal charges Ejectment - A legal case filed against someone who is a holdover tenant (someone who remains after the expiration of a lease) Electronic Monitoring - An electronic system that provides the Probation Officer or Bail Commissioner a report about whether the offender has left home during the time when the offender was required to remain at his or her home, often uses a GPS ankle bracelet Emancipated Minor - A person under the age of majority who is granted most rights and legal privileges of an adult Emancipation - The release of custody for an entity, typically applies to minors but historically applied to slavery Embargo - An official government action that bans trade with another country, sometimes involves a specific commodity Embezzlement - Unlawfully using or taking an entity's funds for personal use Emergency - An urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or environment and requires immediate action Eminent Domain - The legal process where private property is taken for public use without the consent of the owner End-User Certificate - A shipping document that indicates a buyer is the final recipient of a product and doesn't intend to transfer it to another party Endorsement - A material change to an insurance policy Entity - aka party, a named person or corporation Escalation Clause - A contract clause that allows for changing the agreed-upon price if a specific factor outside the control of both parties changes the situation Escrow - A condition where a third party is holding on to an asset until both parties can finalize a contract Essentiala Negotii - Latin for "essential aspects/terms", the bare minimum requirements for a contract to be effective and legally binding Estate - The combined assets and liability of a named person Evasion - When an individual or entity intentionally avoids honoring a statute or order, can be external or internal Eviction - Legally forcing a tenant out of rented property Evidence - Testimony, documents, or objects presented at a trial to prove a fact Ex Parte - Done for, or at the request of, one side in a case only, without prior notice to the other side Exchange Office - An entity that transfers or swaps out currency Exclusion Clause - A contract term that tries to limit parties' rights, can make a contract unenforceable Execution Suspended - A prison sentence that is suspended in whole or in part provided certain conditions of probation or conditional discharge are met by the defendant Executory Contract - A contract that hasn't been fully performed or executed Expectation Damages - Damages that are recoverable from a breach of contract Express - Explicit communication (e.g., "I, John Smith, defrauded Mark Jones"), contrast to implied External Risk - A risk produced by a non-human source and beyond human control Extinguishment - Destruction in contract law of a right or contract Extradition - Surrendering a person in one jurisdiction to another jurisdiction Extraterritorial Jurisdiction - A government's authority beyond its territory Factum probandum - Latin for "facts to prove", with the burden of proof typically on the prosecution ## F Facilitation - Actions taken by one person to help another person in an activity Failure to Appear - Failing to file an Appearance form in a civil case, and failing to come to court for a scheduled hearing in a criminal case Family Relations Counselor - A Family Services Office worker who Mediates disagreements and negotiates agreements in custody, visitation and divorce cases, and may interview each parent and the children in a family at a judge's request to evaluate the situation and write a report for the judge Family Support Magistrate - A person who decides cases involving child support and paternity who can also enforce court orders about paternity, child support, and alimony Family Violence Education Program - A program for family violence offenders that if successfully completed, results in the dismissal of criminal charges Family Violence Victim Advocate - A person who works with domestic violence victims to determine their needs and inform them of their rights and resources available to them Family With Service Needs - aka FWSN, a family that includes a child who (a) runs away without just cause (b) is beyond the control of his/her parents/guardian (c) has engaged in indecent or immoral conduct, or (d) is a truant or continuously defiant of school rules and regulations Felony - Any criminal offense where a person may be sentenced to a term of imprisonment of more than of one year Felony Murder - A murder a person commits while they were also committing a felony Filing - Giving the court clerk legal papers which become part of the case file Finality - A situation where a dispute has had a resolution, and no further appeal or collateral proceedings can disturb that resolution Financial Affidavit - A sworn statement of income, expenses, property (called assets in [accounting](money-accounting.md)) and debts (called liabilities in accounting) Finding - The court's or jury's decision on issues of fact Firm offer - an offer that will remain open for a certain period or event that changes the situation and can't be revoked otherwise Force majeure - French for "overwhelming force", a common contract clause that releases liability and responsibility of both parties if an unlikely event happens Foreclosure - A court order ending the legal ownership of property Foreman - An elected member of a jury who delivers the verdict to the court Forum Selection Clause - A contract clause which indicates what forum a contract dispute must be resolved (e.g., mediation, arbitration, litigation) Fraud - Falsely representing matters of fact, can be intrinsic (core misstatements about the issue at hand) or extrinsic (subtly destroying the means to acquire facts) Freedom of Contract - The right of individuals and entities to [bargain](people-5_conflicts.md) freely among themselves about contracts without government interference Freeze - Preventing or restricting use or transfer of assets Front Company - a business established and controlled by another organization Frustration of purpose - A defense in contract law where an unforeseen event has undermined a party's main reason for entering into a contract, which materially changes the performance of the contract Fundamental breach - A breach of contract treated as worse than "Breach of Contract" that automatically discharges the entire contract ## G Garnishment - A court order to collect money or property (e.g., a garnishment may be issued to an employer to pay part of an employee's wages to someone else to pay a debt or judgment) Gentleman's Agreement - A non-binding agreement based on convention, implication, or mutually beneficial etiquette, requires the honor or integrity of all parties to be enforced Geographical Area - aka GA, the court location where motor vehicle and most criminal cases are heard Good faith - aka "bona fides", qualities or attributes that indicate honesty, sincerity, or conviction regarding the truth or falsity of a proposition Grandfathered - A legal situation which is no longer possible to begin or initiate, but where existing arrangements are still valid Grantor - A party who transfers ownership of assets Greylist - A list of suspicious or high-risk entities, in contrast with "blacklist" Grievance - A complaint filed against an attorney or judge, claiming an ethics violation Ground - Reasoning based on laws to justify relief Guardian - A person who has the power and duty to take care of or manage the property and rights of another person regarded as unable to take care of their personal affairs Guardian Ad Litem - A person, usually a parent, appointed by the court to represent a child or unborn person in a court case (though it will be a social worker if it's a Child Services worker), and a judge may appoint an attorney if a family member is not available Guillotine Clause - A contract stipulation that indicates that *all* parts of a contract package must be adopted or the entire contract package is terminated ## H Habeas Corpus - A court order that physically brings a person before a court to test the legality of the person's detention, usually directed to the official or person detaining another, commanding them to bring the person to court for the judge to determine if that person has been denied liberty without due process of law Habitability - The adequacy of an environment for human living Heads of Loss - aka "heads of claim", the various categories a plaintiff will use when seeking damages Hearing - Any legal proceedings that occur in front of a judge without a jury Hearsay - Testimony given by a witness who tells second or third hand information Hire Purchase - An contractual installment plan for payment Hold-Harmless Agreement - A special type of contract most commonly found in insurance that holds a party completely free of any responsibility for liability or damages Honor Court - A program of outpatient group therapy for alcohol abusers Housing Specialist - A person who provides pretrial mediation of landlord/tenant cases to reach settlement, as well as providing information about community resources to litigants Hung Jury - A jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdict ## I Illusory promise - A contract, but with vague enough elements that a court won't enforce it Imminent peril - aka "Imminent danger", certain danger that's immediate and pending, menacingly close at hand, and threatening Immunity - a legally enforced exemption from specific duties or requirements, can be absolute (for government officials) or diplomatic (across governments for diplomatic officials) Implied - Communication based on the person's conduct Implied-in-fact - A contract defense based on the factual precedent of customary behavior establishing a contract, without explicit dialogue or consent Implied Authority - The implied ability of an individual to make a legally binding contract on behalf of another organization Implied Warranty - The implied assurances a seller has given a buyer during a purchase agreement, can be disclaimed by selling as is Impossibility - A defense in contract law where the circumstances have changed, and nobody presumed they would, so performing the contract is now literally impossible, similar to impracticability, often confused with frustration of purpose Impracticability - A defense in contract law where the circumstances have changed, and nobody presumed they would, so performing the contract is now too burdensome for one party, similar to impossibility Impute - Associate liability to a party that holds them responsible, often for financial liability In status quo - Latin for "in the present state" Incarceration - Confinement to a state correctional institute or prison Income Withholding Order - A court order to deduct child support or alimony payments from someone's wages, which all must include an income withholding order unless both parents ask the judge not to Indemnity - A contractual obligation to compensate losses through compensation, a common concept within [insurance](money-insurance.md) Indigent - Someone without enough money to either support himself or herself or his or her family, or who cannot afford to pay certain fees required by the court Inducement - An incentive by a party to bring about a desired state by another party Information - In a criminal case, the formal court document in the clerk's file, which contains the charges, dates of offenses, bond status, continuance dates and disposition Infraction - A case where the fine may be paid by mail and usually the person does not have to appear or come to court, such as a speeding ticket Inherent Risk - The risk of something before controls are set to mitigate it Injunction - A court order to stop or to start doing a specific act Injury - The amount of money that indemnifies a victim Innominate term - A component of a contract that's in the middle between a condition and warranty Innuendo - Spoken words which are defamatory through a double meaning Insured - An individual or entity who has an [insurance policy](money-insurance.md) Insurance Policy - An agreement for an insured to transfer economic risk to an insurer for a fee Integration Clause - aka "merger clause", a condition in a contract that indicates the contract is the complete and final agreement between parties, can make the entire contract an "integrated contract" Intent - aka "mens rea", a person's state of mind when performing an action, in contrast with actus reus Inter alia - "Latin for "among other things" Interlineation - Inserting language in between the content of an existing legal document Interpreter - The person who translates court hearings from a second language to English, provided at no cost to someone who needs them in all cases where the person's life, freedom, children, or housing are at risk of being taken away or in criminal or child support cases Interrogatory - Formal, written questions used to get information from another party in a lawsuit Intervening Cause - A cause that breaks the proximate cause and begins a new sequence of events Investigation - Obtaining and analyzing information about an entity in response to an alert of a possible statutory violation Investigatory Grand Jury - A judge, constitutional state referee or any three judges of the Superior Court, appointed by the Chief Court Administrator to conduct an investigation into the commission of a crime or crimes Invitation to treat/bargain - from the Latin phrase "invitatio ad offerendum" meaning "inviting an offer", an expression of willingness to negotiate, which doesn't mean others' acceptance is a binding agreement Ipso facto - Latin for "by the mere fact", declaring a logical connection between two elements ## J Judge - A person who hears and decides cases for the courts, appointed by the governor for a multi-year term and confirmed by the General Assembly Judgment - aka Decree or Order, a court decision Judgment File - A permanent court record of the court's final disposition of the case Judicial District - aka JD, where civil, criminal, family and juvenile matters are heard, as well as civil jury, civil non-jury, administrative appeals and family matters Juris Number - An identification number assigned to each attorney in a state Jurisdiction - Power and authority of a court to hear and make a judgment in a case Juror - Member of a jury Jury Charge - The judge's formal instructions on the law to the jury before it begins deliberations Jury Instructions - Directions given by the judge to the jury concerning the law of the case Juvenile Court - aka "Superior Court for Juvenile Matters", a special division of the Superior Court designated to hear all cases concerning Uncared For, Dependent children and youth and delinquents Juvenile Delinquent - A person under the age of 16 who commits a criminal act Juvenile Detention - State facility to provide for the temporary care of a child who alleged to be delinquent and who requires a physically restricted, secure environment Juvenile Detention Center - A secure facility for juveniles operated by the Division of Juvenile Detention Services of the State Judicial Branch, open 24 hours a day, 7 days a week Juvenile Detention Officer - aka JDO, a person who works within a Juvenile Detention Center Juvenile Matters - All cases concerning: - Uncared For, Neglected or Dependent children and youth - Termination of parental rights of children committed to a state agency - Matters concerning families with service needs - Contested matters involving termination of parental rights or removal of guardian transferred from the Probate Court and the emancipation of minors - Doesn't include matters where the Probate Court has jurisdiction, who hears appeals concerning adoption, termination of parental rights, and removal of a parent as guardian Juvenile Probation - Placement of an adjudicated delinquent under the supervision of a juvenile probation officer Juvenile Transportation Officer - aka JTO, a person who provides safe transportation services for juveniles in custody ## K Kickback - A negotiated form of bribery where a commission is paid to the bribe-taker in exchange for rendered services Knock and talk - An investigative technique where one or more police officers approaches a private residence, knocks on the door, and requests consent from the owner to search the residence Knowledge - The mental state that accompanies a prohibited act ## L Lapse - A gap in time after the term ended Larceny - Theft of physical possessions Law Librarian - Court staff who maintain legal reference and research materials for public use Legal Aid or Legal Services - Free legal representatives in civil cases for income eligible persons Legal Custody - Relationship with a child created by court order which gives a person legal responsibility for the physical possession of a minor and the duty to protect, care for and discipline the child Legal Fiction - A fact assumed or created by courts, which is then used to reach a decision or apply a legal rule (e.g., your formalized full name in all capital letters) Legal Instrument - A legal document that can be formally attributed to its author Legal Immunity - A condition where a person or entity cannot be held liable for a violation of the law Legal Rights - Rights bestowed onto a person by a legal system (creates "positive laws"), in contrast with natural rights Legal Separation - A court order describing the conditions under which two married people will live separately Legality - Whether an action is consistent or aligned with the law Lemon Laws - aka "redhibition", a civil action against a seller/manufacturer of a defective product Letter of Intent - aka "letter of comfort", "heads of terms" or "heads of agreement" an unenforceable communication to indicate initial willingness to enter into a contract but without all the necessary elements to make a contract, its purpose is to create a morally binding but not legally binding assurance and tends to be worded vaguely Liability - The responsibility a party has for adverse events License - Authorization to perform an otherwise prohibited or restricted activity Lien - A charge, hold, or claim upon property of another as security for a debt Limited Liability Company (LLC or LTD) - A company where the owners' liability is limited to how much they've put into the company Limited Liability Partnership (LLP) - A partnership that is a Limited Liability Company Limited Warranty - A warranty that only applies to portions of a contract Liquidated Damages - A contract stipulation that clarifies the damages incurred in the case of specific breaches of contract Lis Pendens - A pending lawsuit, jurisdiction, or control that courts have over property in a case waiting for final disposition, a notice of lis pendens is filed on the land records Litigant - A party to a case Lockout - Illegally forcing a tenant out of rented property, usually by changing the locks on the doors Locus standi - aka "standing, a party seeking a legal remedy must demonstrate to the court they have sufficient connection with what they're challenging Loss - A materially significant sabotage for an individual or entity's expected purposes or rights [Continued](glossary-legal-3.md)