Glossary of Terms Commonly Used in Court

[Michael Dervin OCS]

A

Abstract of judgment - An official copy of the contents of a civil judgment.

Abstract of conviction - An official copy of the contents of a criminal or traffic verdict and sentence.

Accord and Satisfaction - An agreement between the parties whereby a claim or charge may be dismissed by the court upon a payment or other consideration given to the person injured.

Accused - The person against whom an accusation is made; one who is charged with a crime or traffic infraction.

Action - Proceeding in a court by which one party prosecutes another for the enforcement or protection of a right, or the redress or prevention of a civil wrong.

Adjudicate - To pass on judicially, to decide, settle, or decree.

Admissible - Pertinent and proper to be considered in reaching a decision. Refers to the evidence considered in determining the issues to be decided in any judicial proceeding.

Adversary proceeding - One having opposing parties; contested, as distinguished from a hearing in which only one party appears.

Affiant - The person who makes and signs an affidavit.

Affidavit - A written, printed, or videotaped declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath.

Affirm - To ratify, make firm, confirm, establish, reassert. Alternate procedure to swearing under an oath.

Aggravating Factor - A fact or circumstance associated with a criminal act that makes it more serious or injurious.

Aggrieved party - One whose legal right is invaded by an act complained of.

Alleged - Claimed; asserted; charged.

Alias - "Otherwise called," indicating one was called by one or the other of two names.

Amend - To change.

Answer - A pleading by which defendant in civil suit at law endeavors to resist the plaintiff's demand by stating facts. The defendant may deny the claims of the plaintiff, or agree to them, and may introduce new matter.

Appeal - Taking a case which has been decided in a court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review.

Appeal bond - A type of bond set by the court and filed by the appellant who had a civil judgment entered against him to forestall issuance of execution until the cause can be passed upon and disposed of by the superior court.

Appellant - The party who takes an appeal from one court to another.

Appellee - The party who must respond to the appellant.

Arraign - Arraignment of an accused consists of calling upon him by name, reading to him the charges in the arrest documents, demanding of him whether he pleads guilty or not guilty or, in misdemeanors, nolo contendere, and entering his plea. This hearing may be combined with right to counsel hearing.

Arrest - To deprive a person of his liberty by legal authority.

Attachment - The act or process of taking, apprehending, or seizing persons or property, by virtue of a writ, summons, or other judicial order, and bringing the same into the custody of the law; used either for the purpose of bringing a person before the court, of acquiring jurisdiction over the property seized, to compel an appearance, to furnish security for debt or costs, or to arrest a fund in the hands of a third person who may become liable to pay it over.

[Michael Dervin OCS]

B

Bail [/b]- The release of a person from legal custody by a written agreement that he shall appear at the time and place designated and submit himself to the jurisdiction of the court and observe the requirements set forth in the recognizance.

Bail forfeiture - Order by the court that the surety pay to the court the amount of security pledged for failure of an accused to comply with the requirements of the bond. The court in turn pays the funds to the jurisdiction whose laws were violated.

Bill of particulars - A written statement or specification of the details of the demand for which an action at law is brought.

Bond - A certificate or evidence of a debt with a sum fixed as a penalty, which contains a written agreement binding the parties to pay the debt, conditioned, however, that the payment of the penalty may be avoided by the performance of certain acts by one or more of the parties.

Bondsman - A professional surety who has entered into a bond as surety.

Breach - The breaking or violating of a law, right, or duty, either by commission or omission.

[Michael Dervin OCS]

C

Capias - A type of arrest document issued by the court charging the offender with a violation of a court order or court process of contempt of court.

Child in Need of Services - A child whose behavior, conduct, or condition poses a risk of harm to himself or another person.

Child in Need of Supervision - A child who is habitually absent from school or who abandons his family or guardian in a manner that requires intervention by the court to protect the child's welfare.

Civil action - A case brought for determination enforcement or protection of a right, or redress; or prevention of a wrong; every action other than a criminal action.

Codicil - An amendment to a will. Wills are handled by the circuit courts.

Commissioner in Chancery - A neutral attorney appointed by the court to gather facts, conduct depositions, and create a report to the court setting forth the facts along with recommendations regarding the case. Commissioners in Chancery are appointed by circuit courts for certain circuit court cases.

Complaint - criminal - A charge brought before a judicial officer having jurisdiction, that a person named has committed a specified offense.

Contempt of court - Any act which is calculated to embarrass, hinder, or obstruct the court in administration of justice, or which is calculated to lessen its authority or its dignity.

Continuance - A postponement of further proceedings in a hearing, trial, or other judicial proceeding until a later date.

Contract - A legally enforceable agreement between two or more parties made orally or in writing.

Contributory Negligence - A legal doctrine which states that, in a civil action based on negligent conduct, the plaintiff may not recover from the defendant if the plaintiff was also negligent.

Convict - To find a person guilty of a criminal charge.

Counterclaim - A claim presented by a defendant in opposition to deduction from the claim of the plaintiff whether or not it arises from the matters in question in plaintiff's action.

Court order - A command or mandatory direction of a judge which is made during a case. Also includes a command of the judge which establishes courtroom or administrative procedures.

Crime - A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor.

Cross-claim - An expansion of the original action in which a claim is brought by a defendant against a third party not originally sued by the plaintiff in the same action or against a co-defendant or both concerning matters in question in the original action.

Cross-examination - The examination of a witness upon a trial or hearing, or upon taking a deposition, by the party opposed to the one who put him on the witness stand to testify.

Custody - The detainment of a person by virtue of lawful process or authority; actual imprisonment.

Custody case - In juvenile and domestic relations district court or circuit court, the type of proceedings in which the court determines which parent, other adult or agency shall have physical control over a child

[Michael Dervin OCS]

D

Damages -[/b] Money awarded by the court to a person harmed by the unlawful or negligent act of another.

Decree - An order of the court in an equity matter. Decrees are issued by circuit courts.

Defendant - The party against whom relief or recovery is sought in a court action or suit. Sometimes used to designate the accused in criminal or traffic cases.

Default - An omission of that which ought to be done. Failure to act. Also, failure of the defendant in a civil case to appear and contest the claim.

Demurrer - A motion to dismiss a case because the claim is legally insufficient.

Deposition - The testimony of a witness taken upon oral examination, after notice to the adverse party, not in open court, but in pursuance of a notice to take testimony issued by the party wanting the deposition. The adverse party has the right to attend and cross-examine. Testimony is reduced to writing and duly authenticated, and intended to be used in connection with the trial of an action in court. These are used in circuit court.

Deputy clerk - A subordinate employee to the clerk who is empowered to act in the place of the clerk in the official business of the court.

Detention - The holding of a person in custody or confinement.

Detinue - A form of action which exists for the recovery of personal property (or their alternative value) from one who acquired possession together with damages for the detention.

Direct Examination - The initial questioning of a witness by the party who called the witness.

Disclaim - To refuse or deny.

Discovery - Procedures by which one party to a lawsuit may obtain information relevant to the case which is held or known by the other party.

Dismissal - An order disposing of an action, suit, etc., without trial.

Distress - The creation of a lien on or seizure of personal property belonging to a tenant to ensure collection of rent.

Disposition - Determination of the final arrangement or settlement of a case following judgment.

Docket - A record of all cases and actions scheduled to be heard in court, whether or not the matter is actually heard in a court on a particular day.

Docket book - The chronological collection of all docket sheets of a court.

Docket sheet - A form containing the docket. More than one docket sheet may be needed to contain one day's docket.