# Legal glossary *NOTE: I am not a lawyer, just someone who is making sense of the law for people who don't understand it. Do not use this as legal advice.* ## A AKA - "Also known as", used to list aliases or another name or another spelling of a name Abrogation - Removal of a prior ruling with a new rule Absentee owner - An individual or entity who does not occupy or manage a property Accelerated Rehabilitation - aka AR, a program that gives someone charged with a crime or motor vehicle violation for the first time a second chance by placing them in probation for a few years, where they're dismissed if they complete it satisfactorily Acceptable Use Policy - A contract clarification of the defined use of a good or service Accommodation - aka "accommodation endorsement", a legal obligation entered as a favor without consideration Accord and satisfaction - A backup contract in the case of at least one of the parties not performing (i.e., collateral for a loan) Accredited Investor - aka "sophisticated investor", a financially regulated status (in some countries) that provides access to complex and higher-risk investments like venture capital, hedge funds, and angel investments Acknowledgment - A clerk or attorney's signature certifying that the person filing the document has sworn that the contents are true, or that the document is signed by his or her free act and deed Acquiescence - Consent inferred from silence Action - aka Case or Lawsuit, a civil judicial proceeding where one party sues another for a wrong done, or to protect a right or to prevent a wrong Act of God - risks that couldn't have been prevented by foresight or caution Actus reus - Latin for "guilty act", the state of mind of someone when a person does something, in contrast with intent Adjournment - Postponing a court session until another time or place Adjudication - A decision or sentence imposed by a judge Adjudicatory Hearing - Juvenile court proceeding to determine whether the allegations made in a petition are true and whether the child/youth should be subject to orders of the court Adult Court Transfer - Transferring juveniles who are at least 14 years old to regular criminal dockets in Geographical Area or Judicial District courts, or the transfer from a Juvenile Detention Center to the State Department of Corrections Adult Probation - A legal status, applied to people 16 years of age and older, who have been convicted of a crime and placed under the supervision of a probation officer for a period set by the court Affirm - Declare something to be true under the penalty of perjury, for a person who will not take an oath Affidavit - A written statement made under oath in the presence of an authorized person Age of majority - aka "age of consent", an indicated legal age where someone is considered fully capable of making their own decisions Agent - aka "attorney-in-fact", a person authorized to make specific decisions on behalf of someone else Agent of record - An individual or entity who has a duly executed contractual agreement with an [insurance policy](money-insurance.md) owner, who is responsible for purchasing, servicing, and maintaining insurance coverage with that designated insured Alcohol Education Program - A pre-trial program for first time offenders charged with driving a motor vehicle under the influence of alcohol Aleatory Contract - a specific type of contract where the parties involved do not have to perform a particular action until a specific triggering event occurs Alimony - Money a court requires one spouse to pay the other for support before or after the divorce is granted, and they can't get it in the future if they don't ask for alimony at the final hearing Allege - Asserting, declaring, or stating something is true in a case, made in a pleading Allocution - A court's inquiry for whether there's any legal reason why they shouldn't impose a sentence Allowance - A contract arrangement where a party pays the other party at various times before the final payment Alternate Juror - A juror selected as a substitute in case another juror must leave the jury panel Alternative Detention Program - Programs operated by service providers under the Office of Alternative Sanctions used to detain juveniles instead of in a Juvenile Detention Center Alternative Dispute Resolution - aka ADR, any method used to resolve disputes other than traditional trial proceedings, such as mediation, and ADR programs speed up the disposition of civil cases Alternative Incarceration Center - aka AIC, a community-based program that monitors, supervises and services people who would otherwise be incarcerated Alternative Sanctions - Criminal punishment that's less restrictive than incarceration Ambiguity - A situation where a legal term or sentence has at least 2 meanings Amendment - A binding modification to a contract or law Amicus Curiae Brief - A Latin term meaning "friend of the court", an Amicus Curiae brief is filed by someone who is not a party to a case but has an interest in its outcome, the court usually has to give permission for someone to file one Annulment - A court order declaring a marriage is invalid Answer - A court document, or pleading, in a civil case, where the defendant responds to the plaintiff's complaint Ante Litem Motam - Latin for "before suit brought", spoken discussion before a lawsuit is engaged Anticipatory Breach - A breach of contract in the future, where the intent is clear that one party will not perform Appeal - Asking a higher court to review the decision or sentence of a trial court because the lower court made an error Appeal Bond - Money paid to the court while taking an appeal to cover costs and damages to the other party, if the appeal is not successful Appearance - The official court form filed with the court clerk which tells the court you're representing yourself in a lawsuit or criminal case or that an attorney is representing you, all court notices and calendars will be mailed to the address listed on the form, the defendant is submitting to the court's jurisdiction in a civil case when they file an appearance Appellant - The party appealing a decision or judgment to a higher court Appellate Court - A higher court that has taken a lower court's decision, which typically means it will change the prior ruling Appellee - The party an appeal is taken against Arbiter - aka Arbitrator, a referee selected to decide a controversy Arbitration - Submitting a case or dispute to designated parties for a decision instead of using a judge Arraign - Bringing an entity charged with a crime to answer the charge made against them Arraignment - The first court appearance of a person accused of a crime, where they are advised of their rights by a judge and may respond to the criminal charges by entering a plea, usually happens the morning after a person is arrested Arrest - When a person is taken into custody by a police officer and charged with a crime Arrearages - Money for alimony or child support, which is overdue and unpaid Arrest Warrant - A court order directing law enforcement to seize and detain a person so they can appear in court As Is - A contractual statement that an item is sold as it currently is, without *any* implied warranty Asset - Anything owned by an entity that has monetary value Asset Blocking - aka Asset Freezing, preventing an entity access to assets as part of an investigation Asset Confiscation - aka Asset Seizure, taking an entity's assets as part of an investigation Asset Flight - Illegally moving assets from one jurisdiction to another to avoid confiscation or penalties Asset Mingling - Combining legal and illegal assets to make asset matches more complicated Asset Protection - Reorganizing how assets are held to make them less vulnerable against a claim Assignment - A contract and property law concept where an assignor transfers rights or obligations to an assignee Assignment List - A printed list of cases to be presented to the court for hearing Assistant Attorney General - An attorney who represents a state agency in civil cases Assumption of Risk - A common law defense that bars or reduces recovery to an injured party if they knew of the consequences of an action and deliberately chose to assume the risk Assured clear distance ahead - aka ACDA, the distance ahead of any terrestrial locomotive device (e.g., automobile) that affords them to bring the device to a halt Attachment - A lien on property or assets to hold it to pay or satisfy any final judgment Attorney of Record - Attorney whose name appears in the permanent records or files of a case Attractive Nuisance - A hazardous object or condition that's likely to attract children who can't rightly judge risks Automatic Renewal Clause - A contract clause which automatically renews that contract for another term Automatic Orders - Court orders that take effect when a divorce or custody case is started ## B Bail Commissioner - A state-appointed person who may set the amount of bond for individuals detained at a police station before arraignment in court, and who recommends to the court the amount of bond that should be set for the defendant on each criminal case Bar - Refers to a group of attorneys Battle of the Forms - A dispute arising from multiple organizations making agreements where their standard form contracts have conflicts Bearer Form - A contract that can engage a transfer to a bearer without requiring further written instructions Bearer Negotiable Instruments - Monetary "legal instruments" that pass title upon delivery Bearer Share - Legal instruments that give ownership to a corporation to "Bearer" (i.e., whoever owns the document) Benami Account - An account held on behalf of others, typically to disguise one's true identity or the recipient of the funds Bench Warrant - Court papers issued by the judge, "from the bench," for the arrest of a person Beneficial Interest - The right a party has which has arisen from a contract they're *not* a party to Beneficiary - A party entitled to receive something, can be a third-party beneficiary for the purpose of filing suit Best Interest of the Child - The standard a judge uses to decide custody and visitation issues Bill of Lading - A legal document held by a carrier as receipt of cargo, includes details about the cargo itself and its destination Bind - A legal state of obligation to do or not do something, often refers to contracts and can be a "binder" or "binding" Blacklist - An internal list of screened names used to identify illicit actors Blockade - Deploying military resources to prevent moving goods or people between jurisdictions Bona fide - Latin for "in good faith", the absence of fraud or deception, in contrast with mala fide Bona vacantia - Latin for "in good absence", unowned property, in UK common law that property vests in the Crown Bond - aka Bail, money or property given to the court for the temporary release of a defendant, to ensure the defendant will return to court, with two different types: - Non-financial bonds (non-surety where the defendant's signature alone guarantees the amount of bond and the defendant is not required to post any property or retain the services of a professional bail bondsperson as collateral) - Promise to appear (Surety bond where the court requires cash, real estate or a professional bail bondperson's signature as collateral before releasing the defendant back into the community, as well as possibly letting the defendant post ten percent of the bond in cash to secure his or her release) Bond Forfeiture - aka "calling the Bond", If the defendant fails to appear in court as scheduled, the judge may order the bond forfeited (paid to the state) and the defendant rearrested Bond Review - A hearing for a judge to decide if the defendant's bond amount needs to be changed Bondsman - A surety; one who has to put up cash or property as collateral before a defendant may be released, often as a debt-based business transaction Bonus Clause - A contract clarification that gives a bonus for over-performing (e.g., finishing a job early), in contrast with penalty clause Boycott - Withdrawing from business or social engagement with an entity as a sign of protest Breach of Contract - A violation of a contract that denies the plaintiff the main benefit of the contract Brief - A written document prepared by a lawyer or party on each side of a dispute and filed with the court supporting their arguments Buyout Clause - aka "release clause", a contract clause where an entity wishing to purchase an employee's services must pay a fee to the current employer ## C Calendar - A list of court cases scheduled for a specific date and time; the civil and family court docket Calendar Call - The calling of cases scheduled for the day, usually done at the beginning of each court day Capacity - The legal ability for an individual or entity to have rights and responsibilities Capias Mittimus - A civil arrest warrant used to get a person physically into court to respond to a specific case or claim Capital Felony - A criminal offense where the death penalty may be imposed Cardholder - person authorized to use a financial transaction card Case - A lawsuit or action in a court Case Conference - A meeting scheduled by the court to review the case Case File - The court file containing papers submitted in a case Case Flow Coordinator - A person who keeps track of your case and supervises the scheduling of hearings and trials Cash-Intensive Business - A business where customers usually pay with cash, typically more popular for money laundering Casus Belli - An action used to justify a war, typically sets a precedent to allow the other nation to strike Caveat - Latin for "beware", a condition that prohibits a statute from complete execution without discretion Central Transportation Unit - Persons in the Division of Juvenile Detention Services who provide safe and secure transportation services for juveniles detained at Juvenile Detention Centers, Alternative Detention Program and Girls' Detention Program Certify - To testify in writing; to make known or establish as a fact Certiorari - A writ by a court that quashes an inferior court's ruling Challenge - Rejecting a potential juror Charge - Formal accusation of a crime Charge to Jury - In trial practice, an address delivered by the court to the jury at the close of the case instructing the jury as to what principles of law they are to apply in reaching a decision Charter - A party's grant of authority or rights to another Child migration - aka "children on the move", the legal action of moving children aged 3-18 within or across political borders, with or without their parents/guardians, with or without legal travel documents, to another country or region Civil/Criminal Chattels - All property except real property; personal property that can include jewelry, clothing, furniture, and appliances Child - Any person under 16 years old Child Services - A government bureau that oversees internal cases beyond the purview of legal proceedings Child Support - Money paid by a parent to help meet a child's financial needs child Children in Placement - aka CIP, a voluntary program in Juvenile Court, which monitors neglect cases Chip Smith Charge - An instruction to deadlocked jurors in civil and criminal cases, urging those jurors who disagree with the majority vote to reexamine the majority views to reach a unanimous verdict Choice of Law Clause - A contract clause that indicates that a particular region's laws will apply in the case of any dispute Civil Action - A lawsuit apart from a criminal case usually filed in a Judicial District courthouse, includes family actions (divorces, child support, etc.) and small claims cases, though these are both separately designated Claim - In civil cases, the statement of relief desired Class Action Suit - A civil case that involves many plaintiffs (a class) against a common defendant Classification and Program Officer - aka CPO, a person who provides classification, program, counseling and recreational services to detained juveniles, may attend certain court hearings in Juvenile Matters and provide reports Clause - A condition or term in a contract Coercion - aka "duress", a situation where a person performs an act due to violence, threat, or other pressure Collateral - An asset given by someone acquiring a loan which will be taken in lieu of a loan if the debt is not paid Collateral Contract - A contract formed through at least one party wanting to maintain a primary contract but not wanting to amend it Collateral Warranty - A warranty that extends to specified third parties who would not otherwise be entitled to a warranty Collection Account - An arrangement where an immigrant will deposit many small currency amounts into one account where they reside, then the collected sum is transferred to an account in their home country without documentation Commission - A form of variable-pay remuneration based on a measurement, such as sales Commission Rogatoire - aka Letters Rogatory, a written request by a central authority of one country to the central authority of another country for legal assistance to furnish evidence Common Law - Laws that develop through case decisions by judges that aren't created by legislative bodies Community Service - Work that convicted defendants are required to perform to repay the community for the harm caused to the community by the crime Community Services Coordinator - The person who refers a defendant to community service work and supervises the defendant's completion of that work Community Service Labor Program - aka CSLP, a community service program for people charged with drug offenses and where the criminal case is dismissed upon successful completion of the community service sentence Comparative Negligence - A statutory method of assigning fault by determining a percentage of fault, then assessing damages for each party, contrast to contributory negligence Complaint - A legal document that tells the court what you want, and is served with a summons on the defendant to begin the case Compliance - A legal state or action of following rules, laws, policy, specifications, or understood [norms](habits.md) Complete Contract - A hypothetical contract that outlines *all* the rights and responsibilities of everyone in all possible situations, to apply to everyday life uses default rules and mandatory rules Complex Litigation - A specialized docket designed for complex civil cases, where one judge hears the case from beginning to end and which often include multiple parties, large amounts of money, lengthy trial, or complex legal issues Condemned Property - A building or property that local (usually municipal) authorities have closed, seized, or placed restrictions on for various reasons including public safety or public health Condition - A component of a contract that's necessary for a party fulfilling it, contrast to warranty Condition Precedent - A contractual state of things or event required for something else to occur, contrast to condition subsequent Condition Subsequent - A contractual state of things or event that causes something to end, contrast to condition precedent Conditional Discharge - A disposition, in criminal cases, where the defendant must satisfy certain court-ordered conditions instead of a prison term Confidentiality - Keeping information out of public or unauthorized view Confiscation - aka Forfeiture, permanently depriving assets through a court order Consent - A person making a reasoned, deliberate decision that follows another's recommendation Consideration - Giving or promising something another party promised, typically to bind a [contract](people-contracts.md) Consolidation of Goods - An entity groups or mixes restricted items with non-restricted items and doesn't declare them in shipping documentation Constitutional convention - Informal and uncodified [tradition](people-culture.md) followed by the institutions of a state Contempt of Court - A finding that someone disobeyed a court order, but can also mean disrupting court by being loud or disrespectful in court Contingent Contract - An agreement which states how certain conditions will result in specific outcomes, typically not considered final because they're based on conditions or events occurring Continuance - Adjourning or postponing a court case to another day Continuance Date - Date when a case will next be heard in court Contract - A legally enforceable agreement between two or more persons or parties, typically arises from a solicitation Contract Price - The price for engaging in a contract Contributory negligence - A common law method of assigning fault, where the plaintiff's failure to exercise reasonable care means they can in *no* way receive compensation for damages, in contrast with comparative negligence Control Effectiveness - aka Mitigation Measures or Quality of Risk Management, the measure of the quality of controls used to mitigate inherent business risks Contumacy - Disobedience of honoring a Summons to appear in a court of law Conviction - To be found guilty of committing a crime Corporation - A legally defined Entity that is treated as a living being for legal reasons Costs - Expenses in prosecuting or defending a case in court, usually doesn't include attorney's fees Count - The different parts of a complaint, which could each be a basis or grounds for the lawsuit Counter Claim - A claim by the defendant in a civil action that the defendant is entitled to damages or other relief from the plaintiff Counterparty - A legal entity, unincorporated entity, or collection of entities on the other side of a transaction or dispute Court-Appointed Attorney - An attorney who is asked by the court (judge) to either represent a party to the case, or to serve in some other capacity that the case requires Court Clerk - The person who maintains the official court record of your case, with their office receiving all court papers and assigning hearing dates Court Interpreter - The person who translates court hearings from English to another language, provided at state expense in all criminal cases and in cases enforcing child support orders if requested, no interpreter is available for divorce or any other civil case Court Monitor - The person who prepares a written record of the court hearing for a fee, if requested, from audiotapes made during the hearing Court Reporter - The person who records everything said during the court hearing on a stenography machine and prepares a written record for a fee, if requested Court Services Officer - A person who assists the judge and oversees cases as they go through the court Court Trial - Trial by a judge, rather than by a jury Covenant - A verbal or written promise Cover - A remedy available to a buyer who has received an anticipatory breach, which includes the payment of the extra costs of finding an alternative for the expected goods Crime - Any action performed in violation of a statute Crime Victim Compensation Program - Awards money to crime victims and their families for medical, mental health, dental, funeral expenses, lost wages and loss of support Criminal Proceeds - Any property gained through a crime Cross Border - A situation that involves two jurisdictions or countries Cross Claims - A situation where both parties in a civil dispute must pay claims, tends to lead to a set-off Cross-Examination - Questioning by a party or the attorney of an adverse party or a witness Custodian - An entity responsible to maintain assets Custody - Ownership or authority over an entity or asset, implicit for parents and some property depending on the law Custody Affidavit - A sworn statement containing facts about a child involved in a case, including full name of the child, date of birth, current and past residences and other information as may be required by law [Continued](glossary-legal-2.md)