Glossary of Legal Terms
A
Acquittal--A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
Active judge--A judge in the full-time service of the court. Compare to senior judge.
Administrative Office of the United States Courts (AO)
The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
Admissible--A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Adversary proceeding--A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the context of a bankruptcy case.
Affidavit--A written or printed statement made under oath.
Affirmed
In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
Alternate juror
A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror.
Alternative dispute resolution (ADR)
A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.
Amicus curiae
Latin for "friend of the court." It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.
Answer
The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.
Appeal
A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
Appellant
The party who appeals a district court's decision, usually seeking reversal of that decision.
Appellate
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.
Appellee
The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.
Arraignment
A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.
Article III judge
A federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.
Assets
Property of all kinds, including real and personal, tangible and intangible.
Assume
An agreement to continue performing duties under a contract or lease.
Automatic stay
An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.
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B
Bail
The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
Bankruptcy
A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code).
Bankruptcy administrator
An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.
Bankruptcy code
The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law.
Bankruptcy court
The bankruptcy judges in regular active service in each district; a unit of the district court.
Bankruptcy estate
All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor's property.
Bankruptcy judge
A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.
Bankruptcy petition
A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)
Bankruptcy trustee
A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.
Bench trial
A trial without a jury, in which the judge serves as the fact-finder.
Brief
A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
Burden of proof
The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt. (See standard of proof.)
Business bankruptcy
A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.
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C
Capital offense
A crime punishable by death.
Case file
A complete collection of every document filed in court in a case.
Case law
The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.
Caseload
The number of cases handled by a judge or a court.
Cause of action
A legal claim.
Chambers
The offices of a judge and his or her staff.
Chapter 11
A reorganization bankruptcy, usually involving a corporation or partnership. A Chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. Individuals or people in business can also seek relief in Chapter 11.
Chapter 12
The chapter of the Bankruptcy Code providing for adjustment of debts of a "family farmer" or "family fisherman," as the terms are defined in the Bankruptcy Code.
Chapter 13
The chapter of the Bankruptcy Code providing for the adjustment of debts of an individual with regular income, often referred to as a "wage-earner" plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.
Chapter 13 trustee
A person appointed to administer a Chapter 13 case. A Chapter 13 trustee's responsibilities are similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.
Chapter 15
The chapter of the Bankruptcy Code dealing with cases of cross-border insolvency.
Chapter 7
The chapter of the Bankruptcy Code providing for "liquidation," that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a "means test." The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7.
Chapter 7 trustee
A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. The trustee's responsibilities include reviewing the debtor's petition and schedules, liquidating the property of the estate, and making distributions to creditors. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate.
Chapter 9
The chapter of the Bankruptcy Code providing for reorganization of municipalities (which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).
Chief judge
The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority
Claim
A creditor's assertion of a right to payment from a debtor or the debtor's property.
Class action
A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.
Clerk of court
The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system.
Collateral
Property that is promised as security for the satisfaction of a debt.
Common law
The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.
Community service
A special condition the court imposes that requires an individual to work – without pay – for a civic or nonprofit organization.
Complaint
A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.
Concurrent sentence
Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.
Confirmation
Approval of a plan of reorganization by a bankruptcy judge.
Consecutive sentence
Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.
Consumer bankruptc
A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.
Consumer debts
Debts incurred for personal, as opposed to business, needs.
Contingent claim
A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay.
Contract
An agreement between two or more people that creates an obligation to do or not to do a particular thing.
Conviction
A judgment of guilt against a criminal defendant.
Counsel
Legal advice; a term also used to refer to the lawyers in a case.
Count
An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count.
Court
Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."
Court reporter
A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.
Credit counseling
Generally refers to two events in individual bankruptcy cases: (1) the "individual or group briefing" from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the "instructional course in personal financial management" in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.
Creditor
A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.
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D
Damages
Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).
De facto
Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law.
De jure
Latin, meaning "in law." Something that exists by operation of law.
De novo
Latin, meaning "anew." A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.
Debtor
A person who has filed a petition for relief under the Bankruptcy Code.
Debtor's plan
A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.
Declaratory judgment
A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.
Default judgment
A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.
Defendant
An individual (or business) against whom a lawsuit is filed.
Defendant
In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.
Deposition
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.
Discharge
A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.
Dischargeable debt
A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated.
Disclosure statement
A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide "adequate information" to creditors to enable them to evaluate the chapter 11 plan of reorganization.
Discovery
Procedures used to obtain disclosure of evidence before trial.
Dismissal with prejudice
Court action that prevents an identical lawsuit from being filed later.
Dismissal without prejudice
Court action that allows the later filing.
Disposable income
Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses.
Docket
A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
Due process
In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.
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E
En banc
French, meaning "on the bench." All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.
Equitable
Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction). In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases.
Equity
The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.)
Evidence
Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.
Ex parte
A proceeding brought before a court by one party only, without notice to or challenge by the other side.
Exclusionary rule
Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.
Exculpatory evidence
Evidence indicating that a defendant did not commit the crime.
Executory contracts
Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).
Exempt assets
Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.
Exemptions, exempt property
Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and amount of property the debtor may exempt depends on the state the debtor lives in.
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F
Face sheet filing
A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. (Face sheet filings are often made for the purpose of delaying an eviction or foreclosure
Family farmer
An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.
Federal public defender
An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.
Federal public defender organization
As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.
Federal question jurisdiction
Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.
Felony
A serious crime, usually punishable by at least one year in prison.
File
To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
Fraudulent transfer
A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.
Fresh start
The characterization of a debtor's status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.)
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G
Grand jury
A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney.
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H
Habeas corpus
Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.
Hearsay
Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial
Home confinement
A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment – a transmitter attached to the wrist or the ankle – to help ensure that the person stays at home as required.
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I
Impeachment
1. The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached;" 2. The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government, who are then tried by the Senate.
In camera
Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.
In forma pauperis
"In the manner of a pauper." Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.
Inculpatory evidence
Evidence indicating that a defendant did commit the crime.
Indictment
The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information.
Information
A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.
Injunction
A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.
Insider (of corporate debtor)
A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.
Insider (of individual debtor)
Any relative of the debtor or of a general partner of the debtor; partnership inwhich the debtor is a general partner; general partner of the debtor; or corporation of which the debtor is a director, officer, or person in control.
Interrogatories
A form of discovery consisting of written questions to be answered in writing and under oath.
Issue
1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.
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J
Joint administration
A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.)
Joint petition
One bankruptcy petition filed by a husband and wife together.
Judge
An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.
Judgeship
The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.
Judgment
The official decision of a court finally resolving the dispute between the parties to the lawsuit.
Judicial Conference of the United States
The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.
Jurisdiction
The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.
Jurisprudence
The study of law and the structure of the legal system
Jury
The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury.
Jury instructions
A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.
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L
Lawsuit
A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.
Lien
A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.
Liquidated claim
A creditor's claim for a fixed amount of money.
Liquidation
The sale of a debtor's property with the proceeds to be used for the benefit of creditors.
Litigation
A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
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M
Magistrate judge
A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.
Means test
Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.
Mental health treatment
Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.
Misdemeanor
An offense punishable by one year of imprisonment or less. See also felony.
Mistrial
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
Moot
Not subject to a court ruling because the controversy has not actually arisen, or has ended
Motion
A request by a litigant to a judge for a decision on an issue relating to the case.
Motion in Limine
A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.
Motion to lift the automatic stay
A request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.
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N
No-asset case
A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims.
Nolo contendere
No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nondischargeable debt
A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.
Nonexempt assets
Property of a debtor that can be liquidated to satisfy claims of creditors.
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O
Objection to dischargeability
A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary.
Objection to exemptions
A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors.
Opinion
A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.
Oral argument
An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
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P
Panel
1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.
Parole
The release of a prison inmate – granted by the U.S. Parole Commission – after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer.
The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.
Party in interest
A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.
Per curiam
Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion.
Peremptory challenge
A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.
Petit jury (or trial jury)
A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.
Petition
The document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities.
Petition preparer
A business not authorized to practice law that prepares bankruptcy petitions.
Petty offense
A federal misdemeanor punishable by six months or less in prison.
Plaintiff
A person or business that files a formal complaint with the court.
Plan
A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.
Plea
In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere.
Pleadings
Written statements filed with the court that describe a party's legal or factual assertions about the case.
Postpetition transfer
A transfer of the debtor's property made after the commencement of the case.
Prebankruptcy planning
The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.)
Precedent
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
Preferential debt payment
A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.
Presentence report
A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.
Pretrial conference
A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.
Pretrial services
A function of the federal courts that takes place at the very start of the criminal justice process – after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.
Priority
The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full.
Priority claim
An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.
Pro per
A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."
Pro se
Representing oneself. Serving as one's own lawyer.
Pro tem
Temporary.
Probation
Sentencing option in the federal courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions.
Probation officer
Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants.
Procedure
The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.
Proof of claim
A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. (There is an official form for this purpose.)
Property of the estate
All legal or equitable interests of the debtor in property as of the commencement of the case.
Prosecute
To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government
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R
Reaffirmation agreement--An agreement by a debtor to continue paying a dischargeable debt after the bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to repossession.
Record--A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.
Redemption--A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then retain the property.
Remand
Send back.
Reverse--The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.
S
Sanction--A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.
Schedules--Lists submitted by the debtor along with the petition (or shortly thereafter) showing the debtor's assets, liabilities, and other financial information. (There are official forms a debtor must use.)
Secured creditor--A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor's collateral.
Secured debt--Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.
Senior judge--A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court's active judges. A senior judge retains the judicial office and may cut back his or her workload by as much as 75 percent, but many opt to keep a larger caseload.
Sentence--The punishment ordered by a court for a defendant convicted of a crime.
Sentencing guidelines--A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.
Sequester--To separate. Sometimes juries are sequestered from outside influences during their deliberations.
Service of process--The delivery of writs or summonses to the appropriate party.
Settlement--Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.
Small business case
A special type of chapter 11 case in which there is no creditors' committee (or the creditors' committee is deemed inactive by the court) and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.
Standard of proof
Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof.
Statement of financial affairs
A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)
Statement of intention
A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.
Statute
A law passed by a legislature.
Statute of limitations--The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.
Sua sponte--Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by either side.
Subordination--The act or process by which a person's rights or claims are ranked below those of others.
Subpoena--A command, issued under a court's authority, to a witness to appear and give testimony.
Subpoena duces tecum--A command to a witness to appear and produce documents.
T
Temporary restraining order--Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.
Testimony--Evidence presented orally by witnesses during trials or before grand juries.
Toll
See statute of limitations.
Tort--A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.
Transcript--A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition
Transfer--Any mode or means by which a debtor disposes of or parts with his/her property.
Trustee--The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.
Typing service
A business not authorized to practice law that prepares bankruptcy petitions.
U
U.S. attorney--A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.
U.S. trustee--An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.
Undersecured claim--A debt secured by property that is worth less than the amount of the debt.
Undue hardship--The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor cannot maintain – based on current income and expenses – a minimal standard of living if forced to repay the loans; (2) there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans.
Unlawful detainer action
A lawsuit brought by a landlord against a tenant to evict the tenant from rental property – usually for nonpayment of rent.
Unliquidated claim--A claim for which a specific value has not been determined.
Unscheduled debt--A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.)
Unsecured claim--A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.
Uphold--The appellate court agrees with the lower court decision and allows it to stand. See affirmed.
V
Venue
The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.
Verdict--The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.
Voir dire--Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.
Voluntary transfer--A transfer of a debtor's property with the debtor's consent.
W
Wage garnishment--A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor.
Warrant--Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.
Witness
A person called upon by either side in a lawsuit to give testimony before the court or jury.
Writ--A written court order directing a person to take, or refrain from taking, a certain act.
Writ of certiorari--An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.
Glossary of Legal Terms
A
acknowledgment: the act of going before a qualified officer (e.g., Clerk) and declaring the validity of the document. The officer certifies same, whose certification is known as the acknowledgment
acquit: the act of freeing a person from the charge of an offense by means of a decision, verdict or other legal process; to discharge
action: a civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary party
actual place of business: Any location that the defendant, through regular solicitation or advertisement, has held out as its place of business (sec. 308.6 CPLR).
ad damnum: clause of a pleading alleging amount of loss or injury
adjournment: a temporary postponement of the proceedings of a case until a specified future time
adjudicate: to hear or try and determine judicially
adversary: An opponent. The defendant is the plaintiff's adversary.
adversary system: the system of trial practice in the U.S. and some other countries in which each of the opposing, or adversary, parties has full opportunity to present and establish its opposing contentions before the court
affiant: one who swears to an affidavit; deponent
affidavit: a sworn or affirmed statement made in writing and signed; if sworn, it is notarized
affinity: Related by marriage; family relation from one's spouse's family.
affidavit of service: an affidavit intended to certify the service of a writ, notice, or other document
affirm: an act of declaring something to be true under the penalty of perjury by a person who conscientiously declines to take an oath for religious or other pertinent reasons
affirmation: A solemn and formal declaration under penalties of perjury that a statement is true, without an oath.
affirmed: Upheld, agreed with (e.g.,The Appellate Court affirmed the judgment of the City Court).
allegation: the assertion, declaration, or statement of a party to an action, made in a pleading, setting out what the party expects to prove
allege: To assert a fact in a pleading.
alternate juror: a juror selected as substitute in case another juror must leave the jury panel
amend: To change.
amicus curiae: A Friend of the Court. A non-party to a proceeding that the Court permits to present its views.
annul: to make void, as to dissolve the bonds of marriage
answer: a paper submitted by a defendant in which he/she responds to and/or denies the allegations of the plaintiff
appeal: a proceeding to have a case examined by an appropriate higher court to see if a lower court's decision was made correctly according to law
appearance: the participation in the proceedings by a party summoned in an action, either in person or through an attorney
appellant: the party who takes an appeal to a higher court
appellee: the party against whom an appeal is taken
arbitration: the submission voluntarily or involuntarily of a disputed matter to selected persons and the substitution of their award or decision for the judgment of a court or its confirmation by the court as a judgment of the court
argument: a reason given in proof or rebuttal
at issue: whenever the parties to a suit come to a point in the pleadings which is affirmed on one side and denied on the other, they are said to be "at issue"
attachment: The taking of property into legal custody by an enforcement officer (see specialty section: Recovery of Chattel).
attestation: the act of witnessing an instrument in writing at the request of the party making the same, and subscribing it as a witness
attorney of record: attorney whose name appears in the permanent records or files of a case
award: A decision of an Arbitrator.
B
bail: the security given (or posted) to ensure the future appearance of a defendant
bar: 1. Prohibit - to bar the prosecution of an action. 2. The members of the legal profession.
bench: The Judge's seat or the judge, himself/herself, (e.g., the attorney addressed the bench)
bifurcated trial: a case in which the trial of the liability issue in a personal injury or wrongful death case is heard separate from and prior to trial of the damages in question
bill of costs: A written statement of the itemized taxable costs and disbursements
bill of particulars: factual detail submitted by a claimant after a request by the adverse party which details, clarifies or explains further the charges and/or facts alleged in a pleading
brief: a written or printed document prepared by the lawyers on each side of a dispute and submitted to the court in support of their arguments - a brief includes the points of law which the lawyer wished to establish, the arguments the lawyer uses, and the legal authorities on which the lawyer rests his/her conclusions.
C
calendar: a schedule of matters to be heard in court
calendar call: the calling of matters requiring parties, or their attorneys, to appear and be heard, usually done at the beginning of each court day
caption: in a pleading, deposition or other paper connected with a case in court, it is the heading or introductory clause which shows the names of the parties, name of the court, number of the case on the docket or calendar, etc.
case file: the court file containing papers submitted in a case
cause of action: grounds on which a legal action may be brought (e.g., property damage, personal injury, goods sold and delivered, work labor and services).
certified copy: Copy of a document signed and certified as a true copy of an original by the Clerk of the Court or other authorized persons (e.g., lawyer).
certificate of readiness: a document attesting that the parties in a lawsuit are ready to go to trial
certify: to testify in writing
certiorari: a proceeding in the state Supreme Court under Art. 78 of the CPLR to review the decisions or actions of a public official or body, as in a tax certiorari matter, a review of the tax assessed challenge an exception taken to a juror before he/she is sworn challenge for a challenge based on a legally specified reason
change of venue: the removal of a suit begun in one county or district to another county or district for trial, though the term may also apply to the removal of a suit from one court to another court of the same county or district
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
chattel: article of personal property
citation: 1) summons to appear; 2) reference to authorities in support of an argument
clerk's extract: a summary of a trial which is written by a clerk
clerk's minutes: notes, which are taken by a clerk, of events that occurred in court
commissioner of jurors: a person in charge of summoning citizens for jury duty
commitment: an order to commit a person to the custody of a sheriff, commissioner of corrections, or mental health facility
common law: the body of law which originated in England and upon which present day U.S. law is based
compensatory damages: reimbursement for actual loss or injury, as distinguished from exemplary or punitive damages
complaint: the initial pleading in an action formally setting forth the facts and reasons on which the demand for relief is based
condemnation: see eminent domain
consanguinity: Related by blood.
conservator: one who is appointed by a court to manage the affairs of a protected person
consolidated action: two or more actions involving a common question of law or fact may be consolidated by the court; the actions then are merged, becoming one action with one title, and they result in one verdict and one judgment
contempt of court: an act or omission tending to obstruct or interfere with the orderly administration of justice or to impair the dignity of the court or respect for its authority
consolidate: A joining of two or more actions to be tried together.
contested action: an action which involves disputed issue(s) of fact or law
contract: a legally enforceable agreement between two or more persons or parties (oral or written)
corroborate: to strengthen; to add weight by additional evidence
costs: The statutory sum awarded to the successful party when a judgment is entered. (Section 1901 all Court Acts.)
counsel: Lawyer or attorney.
counterclaim: 1. In civil actions, a claim brought by a defendant against the plaintiff for an unlimited amount of money. 2. In small claims/commercial claims, a claim brought by a defendant against the plaintiff for an amount not to exceed the maximum monetary jurisdiction allowed in the small claims/commercial claims court.
court of limited jurisdiction: A City Court, District Court or other court that has jurisdiction only over actions authorized by law.
court reporter: a person who transcribes by shorthand or stenographically takes down testimony during court proceedings
crossclaim: claim litigated by co-defendants or co-plaintiffs against each other and not against a party on the opposite side of the litigation
cross- examination: questioning by a party or his attorney of an adverse party or a witness called by an adverse party
D
damages: Monetary compensation or indemnity for wrong or injury caused by the violation of a legal right. 1. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary damages - Monetary award by way of punishment for injury caused by aggravated circumstances or malice, in addition to compensation for the injury. 3. Punitive damages - Monetary compensation awarded in excess of ordinary damages, as punishment for a gross wrong.
date-stamp: the stamping on a document of the date it is received
decision: the determination reached by a court in any judicial proceeding, which is the basis of the judgment
declaratory judgment: one fixing rights of parties without ordering anything to be done
decree: a decision or order of the court - a final decree is one which fully and finally disposes of the litigation; an interlocutory decree is a provisional or preliminary decree which is not final
default: a "default" in an action of law occurs when a defendant omits to plead or otherwise defend within the time allowed, or fails to appear at the trial
defendant: the party being sued or the party accused of committing the offense charged
deliberation: the process by which a panel of jurors comes to a decision on a verdict
de novo: From the beginning, a new trial.
deponent: One who testifies under oath to the truth of facts.
deposition: sworn testimony of a witness
direct examination: the first interrogation of a witness by the party on whose behalf the witness is called
directed verdict: an instruction by the judge to the jury to return a specific verdict
discovery (or disclosure): a proceeding whereby one party to an action may be informed as to facts known by other parties or witnesses
dismissal: termination of a proceeding for a procedurally prescribed reason
dismissal with prejudice: Action dismissed on the merits which prevents renewal of the same claim or cause of action.
dismissal without prejudice: Action dismissed, not on the merits, which may be re-instituted.
dispose: the act of terminating a judicial proceeding
disposition: the result of a judicial proceeding by withdrawal, settlement, order, judgment or sentence
dissolution of marriage: the effect of a judgment of dissolution of marriage is to restore the parties to the state of unmarried persons
docket: a document which summarizes a case
domicile: that place where a person has a true and permanent home - a person may have several residences, but only one domicile
E
easement: right held by one person to use the land of another for a special purpose
eminent domain: the power to take private property for public use by condemnation, i.e., the legal process by which real estate of a private owner is taken for public use without the owner's consent, but upon the award and payment of just compensation
enjoin: to require a person, by writ of injunction from a court of equity, to perform or to abstain or desist from some act
equitable action (equity matter): an action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action; case in which payment of money damages will not be adequate compensation
equitable distribution: the power to distribute equitably upon divorce all property legally and beneficially acquired during marriage by husband and wife or either of them, whether legal title lies in their joint or individual names
estop: to stop, bar, or impede
estoppel: a rule of law which prevents a person from alleging or denying a fact, because of his/her own previous act
et al: an abbreviation of et alia meaning "and others"
et ano: And another.
evidence: a form of proof or probative matter legally presented at the trial of an issue by the acts of the parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or the jury
eviction, warrant of: Legal mandate authorizing an enforcement officer to remove persons and their personal property from their premises.
examination before trial (EBT): a formal interrogation of parties and witnesses before trial
execution: (1) the performance of all acts necessary to render a written instrument complete, such as signing, sealing, acknowledging, and delivering the instruments (2) supplementary proceedings to enforce a judgment, which, if monetary, involves a direction to the sheriff to take the necessary steps to collect the judgment
exemplification: An official transcript of a document from public records, made in a form to be used as evidence and authenticated or certified as a true copy, (e.g. exemplification of a judgment).
exhibit: a paper, document or other article produced and exhibited to a court during a trial or hearing and, on being accepted, is marked for identification or admitted in evidence
ex parte: a proceeding, order, motion, application, request, submission etc., made by or granted for the benefit of one party only; done for, in behalf of, or on application of one party only
expunge: the authorized act of physically destroying information, in files, computers or other depositories
F
fair preponderance: Level of proof in a civil action; more than half; more convincing.
fee: a fixed charge for service rendered on behalf of court
fiduciary: a person or institution who manages money or property for another, and who must exercise a standard of care in such management activity imposed by law or contract
finding: the court's or jury's decision on issues of fact
fine: a sum imposed as punishment for an offense
first paper: Paper instituting the action (e.g., Summons, Motion, Infants's Compromise).
foreclosure: a legal proceeding that bars or extinguishes right
foreperson: a member of a jury, usually the first juror called and sworn, or a juror elected by fellow jurors, who delivers the verdict to the court
forum: A judicial tribunal or a place of jurisdiction. A meeting for discussion.
full faith and credit: A requirement of the U.S. Constitution that the records and judicial proceedings of one state shall have the same effect in courts of other states with the same jurisdiction.
G
garnish: to attach a portion of the wages or other property of a debtor to secure repayment of the debt
garnishee: A person who owes a debt to a judgment debtor, or a person other than the judgment debtor who has property in his/her possession or custody in which a judgment debtor has an interest
guardian ad litem: person appointed by a court to represent a minor or incompetent for purpose of some litigation
H
habeas corpus: "You have the body." - the name given a variety of writs whose object is to bring a person before a court or judge - in most common usage, it is directed to the official or person detaining another, commanding him/her to produce the body of a person detained so the court may determine if such person has been denied his/her liberty without due process of law
hearing: a preliminary examination where evidence is taken for the purpose of determining an issue of fact and reaching a decision on the basis of that evidence
hearsay: a type of testimony given by a witness who relates not what he/she knows personally, but what others have told the witness, or what the witness has heard said by others; may be admissible or inadmissible in court depending upon rules of evidence
hung jury: a jury whose members cannot reconcile their differences of opinion and thus cannot reach a verdict
I
impaneling: the process by which jurors are selected and sworn to their task
impleader: An addition of a third party to an action by the defendant.
in camera: in the judge's chamber out of the presence of the jury and the public
incompetency: lack of legal qualification or fitness (physical, intellectual or moral fitness) to discharge a legally required duty or to handle one's own affairs; also relates to matters not admissible in evidence
indemnity: Security against loss or damages, exemption from penalty or liability, amount paid as compensation under an indemnity agreement.
index number: a number issued by the county clerk, which is used to identify a case - in civil matters there is usually a charge
individual assignment system (IAS): a system, established for all civil actions and proceedings heard in Supreme and County Court, which provides for the continuous supervision of each action and proceeding by a single judge (NYS)
indorsed complaint: A statement of the nature and substance of the cause of action, for money only, which indicates the amount of the claim. It may be set forth upon the summons or attached to it. INFANT An individual who has not attained the age of eighteen (18).
infant's compromise: a civil proceeding or motion for obtaining court approval of the settlement of an infant's claim
injunction: a court order for a party to stop doing or to start doing a specific act
inquest: a proceeding which usually is a limited non-jury trial for the purpose of fixing the amount of damages where the plaintiff or defendant alone introduces testimony.
in re: In the matter of; concerning.
in rem: Regarding the right or title to property.
inter alia: Among other things.
interlocutory: provisional; temporary; not final - refers to orders and decrees of a court
interpleader: action by which one having possession of an article or fund claimed by two parties may compel them to litigate the title between themselves, instead of with him/her
interpreter: a person sworn at a judicial proceeding to translate oral or written language
interrogatories: written questions propounded by one party and served on an adversary, who must provide written answers thereto under oath
intestate: a person who dies without a will
J
joint trial: two or more actions involving a common question of law or fact may be joined by court order for trial - the actions are not merged but remain separate and distinct and may result in one or more verdicts and judgments
judgment: A determination of the rights of the parties in an action or special proceeding. A judgment shall refer to and state the result of a verdict or decision, or recite the circumstances on which it is based
judgment roll: a record of the judgment with the supporting papers
judicial hearing officer (JHO): a person who has served as a judge or justice of a court of record of the Unified Court System, and who no longer is serving in such capacity, except a person who was removed from a judicial position pursuant to Section 22 of Article VI of the Constitution
jurisdiction: the geographical, subject matter, and monetary limitations of a court
Personal jurisdiction- Directed to a specific person to impose a personal liability on him (usually the defendant).
Subject matter jurisdiction- Topic of consideration, thing in dispute, right claimed by one party against another
jury: a prescribed number of persons selected according to law and sworn to make findings of fact
jury (advisory): a body of jurors impaneled to hear a case in which the parties have no right to a jury trial - the judge remains solely responsible for the findings and may accept or reject the jury's verdict
jury instructions: directions given by the judge to the jury
L
laches: the failure to diligently assert a right, which results in a refusal to allow relief
legal age: Eighteen (18) years of age. See CPLR Section 1206.
legal aid: system by which legal services are rendered to those in financial need who cannot afford private counsel
liability: an obligation to do, to eventually do, or to refrain from doing something; money owed; or according to law one's responsibility for his/her conduct; or one's responsibility for causing an injury
liber: a book used for keeping a record of specific documents or events having legal effect
lien: a claim upon the property of another as security for some debt
litigant: Party to a legal action
long form order: an order prepared by counsel for signature of the court (usually based on a memorandum decision)
M
maintenance: the furnishing by one person to another the means of living, or food, clothing, shelter, etc., particularly where the legal relations of the parties is such that one is bound to support the other, as between parent and child or between spouses
material witness: person whose testimony on some issue has been judicially determined as relevant and substantial
memorandum decision: a written opinion or decision of a court on a litigated question, giving the court's conclusion on factual and legal issues (this may constitute the order of the court if so stated)
memorandum opinion: memorandum in writing, which is a very brief statement of the reasons for a decision, without detailed explanation
military calendar: To hold in suspense an action that cannot reasonably be tried because a party or witness is in the military service.
minute book: A Court Clerk's Journal of Courtroom proceedings.
minutes: a record of court proceedings kept by noting significant events
mistrial: a trial which has been terminated and declared void prior to the reaching of verdict due to extraordinary circumstance, serious prejudicial misconduct or hung jury - it does not result in a judgment for any party but merely indicates a failure of trial
moot: (adj.) unsettled, undecided, not necessary to be decided
motion: an oral or written request to the court made by a party for a ruling or order
movant: the party who initiates the motion
M
maintenance: the furnishing by one person to another the means of living, or food, clothing, shelter, etc., particularly where the legal relations of the parties is such that one is bound to support the other, as between parent and child or between spouses
material witness: person whose testimony on some issue has been judicially determined as relevant and substantial
memorandum decision: a written opinion or decision of a court on a litigated question, giving the court's conclusion on factual and legal issues (this may constitute the order of the court if so stated)
memorandum opinion: memorandum in writing, which is a very brief statement of the reasons for a decision, without detailed explanation
military calendar: To hold in suspense an action that cannot reasonably be tried because a party or witness is in the military service.
minute book: A Court Clerk's Journal of Courtroom proceedings.
minutes: a record of court proceedings kept by noting significant events
mistrial: a trial which has been terminated and declared void prior to the reaching of verdict due to extraordinary circumstance, serious prejudicial misconduct or hung jury - it does not result in a judgment for any party but merely indicates a failure of trial
moot: (adj.) unsettled, undecided, not necessary to be decided
motion: an oral or written request to the court made by a party for a ruling or order
movant: the party who initiates the motion
N
natural person: Individual (does not include corporate entities)
negligence: conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm
non seq. (Non sequitur): It does not follow
note of issue: a document filed with the court placing a cause on the trial calendar
notice of entry: A notice with an affidavit of service stating that the attached copy of an entered order or judgment has been served by a party on another party.
notice of petition: Written notice of a petitioner that a hearing will be held in a court to determine the relief requested in an annexed petition.
nunc pro tunc: (now for then) presently considered as if occurring at an earlier date; effective retroactively
O
oath: a swearing to the truth of a statement which, if made by one who knows it to be false, may subject one to a prosecution for perjury or other legal proceedings
opening statement: the first address of counsel prior to offering of evidence
oral proof: evidence given by word of mouth; the oral testimony of a witness
order: an oral or written direction of a court or judge
N
natural person: Individual (does not include corporate entities)
negligence: conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm
non seq. (Non sequitur): It does not follow
note of issue: a document filed with the court placing a cause on the trial calendar
notice of entry: A notice with an affidavit of service stating that the attached copy of an entered order or judgment has been served by a party on another party.
notice of petition: Written notice of a petitioner that a hearing will be held in a court to determine the relief requested in an annexed petition.
nunc pro tunc: (now for then) presently considered as if occurring at an earlier date; effective retroactively
O
oath: a swearing to the truth of a statement which, if made by one who knows it to be false, may subject one to a prosecution for perjury or other legal proceedings
opening statement: the first address of counsel prior to offering of evidence
oral proof: evidence given by word of mouth; the oral testimony of a witness
order: an oral or written direction of a court or judge
P
palimony: term has meaning similar to `alimony' except that award, settlement or agreement arises out of non-marital relationship of parties (i.e., non-marital partners)
parcel: a tract or a plot of land
part: a court room where specified business of a court is to be conducted by a judicial officer
party: Person having a direct interest in a legal matter, transaction or proceeding.
peremptory challenge: the challenge which may be used to reject a certain number of prospective jurors without assigning any reason
perjury: the act of lying or stating falsely under oath
petition: a formal written request to a court, which initiates a special proceeding
petitioner: In a special proceeding, one who commences a formal written application, requesting some action or relief, addressed to a court for determination. Also known as a plaintiff in a civil action
petit jury: the ordinary jury for the trial of a civil case (so called to distinguish it from the grand jury)
plaintiff: the party bringing a civil action
pleadings: complaint or petition, answer, and reply
polling the jury: a practice whereby the jurors are asked individually whether they assented, and still assent, to the verdict
power of attorney: instrument authorizing one to act legally for another either generally or in a specified matter
precedent: previously adjudged action or decision on same or similar point, serving as a rule or example for present guidance
proceeding: the succession of events constituting the process by which judicial action is invoked and utilized pursuant to procedure
preclude: To prevent or stop
process: a legal means, such as a summons, used to subject a defendant in a lawsuit to the jurisdiction of the court; broadly, refers to all writs issued in the course of a legal proceeding
pro se: for oneself; in one's own behalf; in person; a pro se party is one who, without representation, acts as his/her own attorney
purge: To atone for an offense, to submit to a court's mandate (i.e., to purge oneself of contempt of court)
R
recuse: To disqualify oneself as a judge
redact: to edit, revise
referee: a person to whom a cause pending in a court is referred by the court to take testimony, hear the parties, and report thereon to the court, or to make a judicial determination - the referee is an officer exercising judicial powers and is an arm of the court for a specific purpose
relief: Legal remedy
remand: to send a case back from an appellate court to the lower court from which it came, for further proceedings
remittitur: legal process by which an appellate court transmits to the court below the proceedings before it, together with its decision, for such further action and entry of judgment as is required by the decision of the appellate court
replevin: an action brought for the owner of items to recover possession of those items when those items were wrongfully taken or are being wrongfully kept
reply: a plaintiff's response to a defendant's answer when the answer contains a counterclaim
res: Subject matter
res judicata: a thing judicially acted upon or decided
respondent: One who formally answers the allegations stated in a petition which has been filed with the court. Also known as a defendant in a civil action
restore/ reinstate to calendar: to reinstate the action to active inventory
S
sanction: a penalty or punishment provided as a means of enforcing obedience to a law, rule or code; also, an authorization
satisfaction: Discharge of a legal obligation, as in a "Satisfaction of Judgment."
seal: to close a case file from public scrutiny - in instances of youthful offenders and acquittal, sealing orders are issued by the court to prevent the public from obtaining information on the cases
security for costs: An undertaking required by a court to cover the payment of costs if the judgment is against the depositor.
separation: in matrimonial law, a cessation of cohabitation of husband and wife by mutual agreement, or in the case of "judicial separation," under the decree of a court
sequester: to separate, set apart, hold aside for safekeeping or awaiting some determination; jurors are sequestered when not permitted to return home until the case is closed
service: the exhibition or delivery of a writ, notice, etc., officially notifying a person of some action or proceeding in which that person is concerned
short form order: an order prepared by the court
show cause: an order, decree, execution, etc., to appear as directed, and present to the court such reasons and considerations as one has to offer why it should not be confirmed, take effect, be executed, or as the case may be
sine die: Without a date, as in an action being adjourned sine die. Legal process which commands a witness to appear and testify.
small claims assessment review (SCAR): filing by any person aggrieved by an assessment of a one, two or three family, owner occupied residential structure used for residential purposes (including condominiums) (NYS)
special master: a special master is an attorney appointed on an ad hoc basis to assist the court in hearing motions (NYS)
special proceedings: general term for remedies or proceedings which are not ordinary actions, e.g., condemnation
special referee (or referee): the special referee has the authority to exercise judicial functions when assigned duties by the court to determine the following (1) to determine an issue (binding) (2) to perform an act (disclosure) (3) to hear and report - matrimonial actions may be included (NYS)
special term: a court part set aside to hear specific types of cases
special verdict: a special finding of the facts of a case by a jury leaving to the court the application of the law to the facts thus found
statute of limitations: a statute that declares that no actions of a specified kind be commenced after a specified period of time after the cause of action arose
stay: a stopping or suspension of procedure or execution by judicial or executive order
stipulation: an agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial - most stipulations must be in writing
stpulation of settlement: A formal agreement between litigants and/or their attorneys resolving their dispute.
sua sponte: upon its own motion, initiation or will; without a prior request
subpoena: Legal process which commands a witness to appear and testify.
subpoena duces tecum: a subpoena requiring a person to produce specified documents or records in a trial
subpoena (judicial): an order issued by the court to a person to attend court and give testimony
subpoena duces tecum (judicial): an order issued by the court requiring a person to produce specified documents or records in a trial
subsequent proceedings: Any proceeding or action taken with respect to a specific case after it has been filed with the court.
suit: A legal action or proceeding.
sum certain: Liquidated damages pursuant to contract, promissory note, law, etc.
summary judgment: a determination in an action on the grounds that there is no genuine issue of fact
summons: A form used to commence a civil action and acquire jurisdiction over a party
supplementary proceedings: further inquiry, under court jurisdiction, after entry of judgment, to determine means for enforcing the judgment against judgment debtor
surety: One who is legally liable for the debt, default, or failure to carry out a duty of another.
T
third-party action: A claim asserted by a defendant, styled a third-party plaintiff, against a person, styled a third-party defendant.
trial assignment part (TAP): that part of the court which assigns cases for trial (NYS)
testimony: an oral declaration made by a witness or party under oath
tort: an injury or wrong committed, either with or without force, and either intentionally or negligently, to the person or property of another
transcript: the official record of proceedings in a trial or hearing
transfer: the removal of a cause from the jurisdiction of one court or judge to another by lawful authority
trial: the formal examination of a legal controversy in court so as to determine the issue
trial de novo: A new trial (see: 22NYCRR 28.12).
U
undertaking: Deposit of a sum of money or filing of a bond in court.
V
vacate: to set aside a previous action
venire: technically, a writ summoning persons to court to act as jurors; popularly used as meaning the body of names thus summoned
venue:1. Geographical place where some legal matter occurs or may be determined. 2. The geographical area within which a court has jurisdiction. It relates only to a place or territory within which either party may require a case to be tried. A defect in venue may be waived by the parties.
verdict: the determination of a jury on the facts
verification: confirmation of the correctness, truth or authenticity of pleading, account or other paper by an affidavit or oath
voir dire: a questioning of prospective jurors by the attorneys, and, on application of any party, by the judge, to see if any of them should be disqualified or removed by challenge or examination
W
waiver: an intentional and voluntary relinquishment of some known right
warrant: a written order directing the arrest of a person issued by an authority - warrants are "issued," "executed" or "canceled"
with prejudice: the term, as applied to judgment of dismissal, is as conclusive of rights of parties as if action had been prosecuted to final adjudication adverse to the plaintiff
without prejudice: a dismissal "without prejudice" allows a new suit to be brought on the same cause of action
witness: one who testifies to what he/she has seen, heard, or otherwise observed
writ: an order issuing from a court of justice and requiring the performance of a specified act, or giving authority and commission to have it done
Act
Law passed by parliament, known as a 'bill' before assent by governor or governor general.
Adjournment
When a case is put off to a later date.
Administrative law
The rules governing decision making by public officials.
Administrative Notices
Provide guidance on practice and procedure required or followed by the Court in the District Registry to which the notice relates to supplement what might be contained in statutes or the Court’s Rules.
See also Practice Notes and Administrative Notices
Admiralty
The law and court with jurisdiction over maritime affairs in general.
Affidavit
A written declaration made under oath before a notary public or other authorised officer.
Agent
An independent person or company with authority to act on behalf of another.
Alternative dispute resolution
See mediation
Appeal
An application to a higher court to review a decision of a lower court or tribunal. For example, an appeal from a decision of the Federal Circuit Court of Australia may be made to the Federal Court, and a decision of a single judge of the Federal Court may be the subject of an appeal to the Full Court of the Federal Court.
Appellate jurisdiction
The power given to a court to hear appeals in certain matters.
Appellant
Person, person's organisation or corporation that starts an appeal in a court. Applicants, appellants, respondents, defendants, etc., are generally called 'parties'.
Appellate courts
Courts to which an appeal is made.
Applicant
The individual, organisation or corporation who/which applies to the Court to start legal proceedings against another person or persons. Also known as ‘plaintiff’ in admiralty and corporations matters and in some other courts.
Application
The document that starts most proceedings in the Federal Court.
Bar
The practicing members of the legal profession.
Barrister
A lawyer who presents cases in higher courts.
Case at first instance
A case for which no precedent is set.
Case law
The area of law developed by the courts while hearing and determining disputes.
Cause of action
A term used in the Federal Court’s case management system to classify proceedings commenced with the Court. There are sixteen main causes of action and five supplementary causes of action.
Civil law
Laws regulating the behaviour of individuals; a form of private law.
Class actions
See Representative proceedings
Common law
Case law developed in common courts. This term is sometimes used to describe all case law or judge made law.
Constitution
A set of rules or principles according to which a state or other organisation is governed. A body of laws governing those who make laws. The Australian Constitution is an Act that sets out the structure of federal government and the powers of federal parliament.
Counsel
A barrister.
Copyright
A right that gives the author of an artistic work, for a limited period, the exclusive privilege of making copies of the work and publishing and selling the copies.
Criminal law
Laws concerned with both the rights of the individual and of society as a whole.
Cross appeal
An application by a respondent in an appeal also seeking a review of the lower court or tribunal decision and made in response to the appeal. A cross appeal is not required if the respondent is simply seeking that the decision of the lower court or tribunal be upheld.
Cross claim
A claim made in a proceeding by one party against a co-party, such as the first respondent (or defendant) against the second respondent (or defendant). However, if the claim in the proceeding is by one party against an opposing party, such as the respondent (or defendant) against the applicant (plaintiff), it is called a counter claim. A cross claim has to be closely connected to what is in dispute in the original claim or a counter claim.
Crown prosecutor
Legal representative of the Crown who institutes criminal proceedings against the accused.
Custom
A long established tradition or usage that becomes customary law if it is (a) consistently and regularly observed and (b) recognized by those states observing it as a practice that they must follow.
Customary law
The way people live and their rules including ceremonies, songs, stories; a way of life governed by a system of beliefs.
Damages
Compensation (usually money); most common outcome of civil cases.
Defence
In the defence the respondent must answer each allegation made by the applicant in the statement of claim. Matters in dispute should be apparent when the defence is delivered. Points of disagreement between the parties are referred to as “issues”. Where facts are admitted they cease to be an issue in the proceedings. Consequently, they need not be proved at the trial.
See also Reply
Defendant
Person brought to court and charged with a criminal offence. Applicants, appellants, respondents, defendants, etc., are generally called 'parties'.
Determination of fact
The court's role to discover the truth.
Directions
Orders made by the Court or a judge in relation to the conduct of a proceeding. Before the trial or hearing of a matter a judge may give directions so that the parties involved will be properly ready. The directions usually set down a list of steps to be taken by the parties and the deadline for those steps. The steps usually involve filing of material and defining the issues that require a decision by the Court.
Disclosure
Revealing all relevant information.
Discovery
A process by which the parties involved in a legal proceeding must inform each other of documents they have in their possession and which relate to the matters in dispute between the parties.
Discretion
The ability to choose whether to, or whether not to, proceed with a decision.
Discretionary
When the decision is made on what seems fit for the circumstances.
Dissent
To differ in opinion.
Docket system
A system by which each case is allocated to a particular judge who will then see the case through to completion. In the Federal Court the system is called the Individual Docket System (IDS).
Equity
The body of rules applied to where there is no relief under common law. equity: (From Latin Æquitas: 'even' or 'fair.') Being just, impartial, and fair. Justice applied in circumstances not covered by rules of law.
estoppel
(From Old French estoupail: 'stopper' or 'bung.') Legal rule that one cannot make an allegation or denial of fact that is contrary to one's previous actions or words.
Evidence
Evidence is material that tends to prove or disprove a particular fact or facts. Evidence might be an object or thing, it might be a document or it might be oral testimony from a witness. Whether evidence can be used in a hearing will depend on its admissibility. This may depend on a number of matters and there are many rules of evidence which take account of such matters as the relevance and reliability of evidence.
Exhibit
A document or item produced in court for the purpose of becoming part of the evidence in a proceeding.
Extinguish
To wipe out, make nonexistent.
Filing of documents
The process of the Court accepting a document or documents lodged by a party to a proceeding.
First instance
A proceeding heard in the Court’s original jurisdiction.
Fixed costs
See Lump sum
Full Court
Three or more judges sitting together to hear a proceeding.
Hearing
That part of a proceeding where the parties present evidence and submissions to the Court.
Human rights
Basic rights intended to protect all people from cruel and inhumane treatment, threats to their lives, and persecution.
Injunction
A court order making a person do, or refrain from doing, something.
Intellectual property
Abstract property, such as a manuscript or computer software, over which the owner has legal possession.
Interlocutory application
Interlocutory proceedings are for dealing with a specific issue in a matter - usually between the filing of the application and the giving of the final hearing and decision. An interlocutory application may be for interim relief (such as an injunction) or in relation to a procedural step (such as discovery).
Interrogatories
A method of formal discovery wherein a lawyer serves upon the other party's lawyer a written document consisting of a set of questions. The party served must answer the questions, under oath and in writing.
Judgment
The final order or set of orders made by the Court after a hearing, often accompanied by reasons which set out the facts and law applied in the case. A judgment is said to be ‘reserved’ when the Court postpones the delivery of the judgment to a later date to allow time to consider the evidence and submissions. A judgment is said to be ‘ex tempore’ when the Court gives the judgment orally at the hearing or soon after.
Judicial discretion
The right of a judge to make a choice, eg. in punishment.
Jurisdiction
The extent of legal authority or power of the Court to apply the law. The Federal Court has jurisdiction under more than 150 Acts of the Commonwealth Parliament and has original and appellate jurisdiction.
Law
A rule established by authority, society, or custom.
Legislation
An act of parliament or piece of delegated legislation.
Litigants
Individuals, organisations or companies who/which are the parties to a proceeding before the Court.
Lump sum (or fixed costs)
The Court may fix an amount for professional costs to avoid the need to have the costs taxed.
Mediation or (Alternative Dispute Resolution)
A process in which an impartial third party (the mediator) assists the parties in an attempt to bring about an agreed settlement or compromise, without requiring a decision of the Court.
Natural justice
Rules of fair play originally developed in the common law courts.
Obiter dictum
A judge's statement made during a judgment, but not part of the reason for the decision.
Original jurisdiction
The authority or legal power to hear a case in the first instance.
Parties
People involved in a court case. Applicants, appellants, respondents, defendants, are generally called ‘parties’.
Party and party costs
Costs that have been fairly and reasonably incurred by the party in the conduct of the litigation.
Plaintiff
A party who initiates a civil action.
Pleadings
Pleadings include formal written statements of an applicant's claim and a respondent's defence. All of the material facts the parties intend to allege at the trial and the issues in dispute are defined in the pleadings. The pleadings show what facts are in dispute and what issues the Court will need to determine.
Within the Federal Court Rules 2011, pleadings are defined to include: statement of claim, statement of cross claim, defence and reply. It does not include originating application, interlocutory application or affidavit.
Practice Notes and Administrative Notices
The Court publishes Practice Notes and Administrative Notices. Practice Notes are issued by the Chief Justice on advice of the judges of the Court. Administrative Notices are issued by each District Registrar at the request, or with the agreement, of the judges in the District Registry to which the notice relates.
Practice Notes
Provide guidance on practice and procedure required or followed by the Court nationally to supplement what might be contained in statutes or the Court’s Rules.
See also Practice Notes and Administrative Notices
Precedents Judgments
quoted as an authority for deciding a similar set of facts; must come from an equivalent or higher court. precedent: (From Latin prÆcedens: 'going before in time').
Prima facie case
(Prima facie is Latin for 'at first sight' or 'on first consideration.') A showing of sufficient evidence to initially establish a petitioner's case. If such a case is made out, the opposing party is then required to respond; if not, the case will be dismissed.
Procedural fairness
The just administration of rules that provide how parties go about enforcing their legal rights.
Proceeding
The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the judgment.
Professional costs
Costs paid to the lawyer who represents a party to the proceeding.
Ratio decidenti
The legal reasoning on which a judgment is based.
Regulations
The Federal Court and Federal Circuit Court Regulation 2012 which prescribe the filing and other fees that must be paid in relation to proceedings in the Federal Court.
Remedy Redress
make up for a wrong.
Repeal
Cancellation of a statute or part of a statute or act.
Reply
The applicant may respond to the defence with a reply, although not for the sole purpose of denying the allegations in the defence. A reply is to raise facts and matters in answer to the allegations in the defence. See also Defence
Representative proceedings
Representative proceedings are commonly referred to as class actions. A class action allows one claimant to bring an action in court on behalf of a group of people. There are no limitations on the types of claims that can be brought through the class action system. Some Examples of class actions that have been brought in Australia include: shareholder class actions; cartel class actions; product liability class actions; financial services and planners class actions.
Respondent
The individual, organisation or corporation against whom/which legal proceedings are commenced. Also known as a ‘defendant’ in admiralty and corporations matters and in some courts. In an appeal it is the party who/which did not commence the appeal.
Rites
Religious or solemn ceremonies that must be observed.
Rule of law
The concept that everyone obeys the law; no one is above it.
Rules
Rules made by the judges which set out the procedures for conducting a proceeding. The current rules of the Federal Court are the Federal Court Rules, Federal Court (Corporations) Rules 2000 (for proceedings under the Corporations Act 2001) and Federal Court (Bankruptcy) Rules 2005 (for proceedings under the Bankruptcy Act 1966).
Rules of standing
Determining who is allowed to appear before the court.
Self represented litigant
A party to a proceeding who does not have legal representation and who is conducting the proceeding on his or her own behalf.
Separation of powers doctrine
Division of the power among legislative, executive and judicial arms of government to provide for checks and balances.
Statement of claim
In the statement of claim the applicant alleges all of the material facts that show that the applicant has a cause of action that is enforceable against the respondent. The statement of claim may formulate any question of law that the Court will be asked to determine. It must set out the orders sought by the applicant against the respondent.
Statutes
Acts of parliament.
Statutory rule
The generic name for all types of delegated legislation.
Subpoena
A subpoena compels the appearance of a person at a trial to testify and to produce documents. A subpoena is a court order, and if properly issued and disobeyed, the disobedient person could be in contempt of court.
Summons
A document issued by a court directing a person to appear before it.
Sunset clause
A legal clause giving a final date after which no remedy may be sought, regardless of the grounds of complaint.
Taxation of costs
The process by which a party in whose favour a costs order is made may apply to a taxing officer to have their costs quantified.
Terra nullius
Empty land; land belonging to no one.
Tort
A civil wrong where one person unreasonably interferes with the rights of another.
Trial
Judicial examination and determination of issues between parties with or without a jury.
Tribunal
A specialised adjudication body. The term is generally used to refer to administrative dispute resolution bodies other than courts.
Ultra vires
Where a body has acted outside its lawmaking powers.
Writ--A written court order to do or refrain from doing something.
The commencement of a proceeding in a court by way of filing the appropriate court form.
A request made to the court.
Apprehend
To take or seize.
In child protection cases, to remove a child from his or her parents or the person having care of the child and take him or her to a place of safety. Child protection workers and police have the authority to do this.
Arbitration(see Alternative Dispute Resolution)ArbitratorA neutral third party, selected by the parties to a dispute, who makes a decision on an issue in dispute.ArraignmentThe initial step in a criminal proceeding to confirm the identity of the accused, formally read the charges, and ask how the accused pleads.ArrearsMoney that is owed to a party under a court order or agreement, but has not been paid.ArrestThe taking or keeping of a person in custody by legal authority, usually in response to a criminal charge.Assessment
The determination of the rate or amount of something. For example, damages or a fine imposed.
In family law cases, an analysis by a qualified professional who investigates, assesses and reports on the needs of the child(ren) and the ability of the parties to meet those needs.
In criminal law cases, a determination by a qualified person of the mental condition of an accused person.
In civil cases, a determination of the capacity of an individual to manage property, to make personal care decisions, or to properly retain and instruct counsel.
Fitness Assessment An analysis performed by a psychiatrist or psychologist to determine whether a person is fit to stand trial. Solicitor-Client Assessment A hearing where an assessment officer reviews the amount of a lawyer's bill. Capacity Assessment A determination by a capacity assessor, or the court, as to a person's ability to manage property, make personal care decisions, or to properly retain and instruct counsel Assessment Order(see Order)Attorney
A term for a lawyer – more often used in the United States.
A person who has been appointed under a power of attorney by a capable grantor to act on their behalf. An Attorney can be for either property issues, or personal care issues, or both.
Attorney GeneralThe principal law officer of "the Crown"; the Minister of the provincial or federal government responsible for the administration of justice.
BailA commonly used term for a Recognizance of Bail. When a person is not released by the arresting officer, the person must be taken before a judicial officer to determine whether the person should remain in custody pending trial. The term "bail" is often used to refer to the money paid as security for the person showing up the next time he or she is required to appear in court.Balance of Probabilities(see Burden of Proof)BankruptInsolvent and involved in a proceeding to become bankrupt or against whom a creditor has started a proceeding to put them into bankruptcy. Can be used to refer to apply to the person in this position.BankruptcyA legal process by which an insolvent person is relieved of certain debts, usually with conditions.Bar
Term used to describe the legal profession as a whole.
A barrier that separates the judge's bench and the front row of lawyers' seats from the public area of the court.
BarristerPopularly used to mean lawyers who appear in court to argue cases. In Canada (except Quebec), all lawyers are barristers and solicitors. In England and other countries, historically barristers attended court while solicitors did not.Bench
The judge's seat in a court.
Judges, singly or collectively.
Bench Warrant(see Warrant)BeneficiaryA person designated to receive something as a result of a legal document, such as a will or insurance policy.Best Interests of the ChildCircumstances that must be taken into account by the court when making orders concerning children in child protection and family law cases. Factors considered can include the child's needs, interests, views and preferences, and cultural and family connections.Beyond a Reasonable Doubt(see Burden of Proof)BillProposed legislation that is brought before the legislature for approval. A bill becomes law once it is approved by the legislature, receives royal assent from the Lieutenant Governor and is proclaimed effective. The Act may be proclaimed effective on Royal Assent; by a fixed date in the legislation; or on a date to be proclaimed by the government.Binding
Mandatory
When applied to a court decision or order, required to be followed in cases with similar circumstances.
BondAn obligation or a promise given to a court. A bond includes a recognizance. Administration Bond A promise with a surety(ies), offered by an application or required by a judge in an estate application filed with the court. Peace Bond Person is ordered to keep the peace for a specified period of time on certain conditions. Surety Bond A written promise committing someone acting as a surety to pay a named person a set amount if the promise is broken. BreachA violation or infraction of a law or obligation.Brief/Legal BriefA written statement summarizing the arguments of a case. It contains factual and legal arguments, as well as references to any legislation or cases that are being relied on to support those arguments.Burden of ProofThe degree of proof needed in a proceeding for a party to prove a disputed assertion or charge. Balance of Probabilities This is the standard of proof used in civil and family matters. Beyond a Reasonable Doubt This is the standard of proof used in criminal matters. This higher standard of proof reflects the potentially serious consequences (loss of liberty) in criminal cases. Bench Warrant DaysBench warrant days measure the amount of time it takes for a charge to be brought back before the courts following the issuance of a bench warrant. If an accused has fled the jurisdiction, the bench warrant days distort the data, as the delay of proceedings would be caused by the absence of the accused rather than any inherent problems in the court system.
CASAcronym for Children's Aid Society.CaseA matter brought before the court for a decision. It includes criminal charges, applications, motions, enforcements and appeals.Case Conference(see Conference)Case Event ListA list of cases to be heard in a particular courtroom during that day. This list may be referred to as the "docket".Case LawJudge-made law and legal decisions from previous cases that form precedents for future cases. Depending on what level of court, case law can be binding or just persuasive.Case ManagementA process that gives parties in dispute scheduled opportunities to discuss the case in order to streamline proceedings.Case Management Master(see Master)Cause of ActionA situation that may entitle one person to obtain from the court a remedy against another person.CaveatLatin term for a warning. Cautionary words.CertificateA document that attests to a fact or court decision. Certificate of Appointment of Estate Trustee With a Will A legal document issued by a Superior Court of Justice confirming that the will filed with the court is the last will of the deceased and that the person named as estate trustee in the will has authority to administer the estate of the deceased person. (Commonly referred to as "letters probate" or "probate".) Certificate of Appointment of Estate Trustee Without a Will Where a person has died without a will, it is a legal document issued by a court authorizing a person to administer the estate of the deceased person. (Commonly referred to as "letters of administration" or "administration".) Certificate of Divorce A certificate issued by a court showing that a divorce has been granted under the Divorce Act dissolving the marriage of the persons specified in the certificate. Certificate of Pending Litigation Notice to a person that a proceeding has been started against the person questioning their interest in land. To have legal effect, the certificate must be issued by the court and registered in the proper land registry office. Certify (a Copy)To formally acknowledge in writing that a copy is an accurate copy of the original document.Certiorari(see Prerogative Writs)Change of Name ActOntario statute that governs how a person's name can be legally changed.Character Evidence(see Evidence)ChargeA formal accusation of an offence as a preliminary step to prosecution.CharterFrequently used to refer to the Canadian Charter of Rights and Freedoms. The Charter is a part of the Canadian Constitution and guarantees individuals certain rights and freedoms, including the right to a fair trial.ChildFor most legal purposes, a person under 18 years of age or, in some instances, a person under 16 years of age. A young person without the legal rights and responsibilities of an adult. (see Minor)Child AbductionThe taking of a child contrary to a court order or without the permission of the parent who has legal custody of the child.Child AbuseAny action or series of actions that results in harm, potential for harm, or threat of harm to a child. Abuse can include physical harm, sexual molestation or exploitation, or emotional or psychological harm.Child and Family Services ActOntario statute that governs child protection, secure treatment, adoption and some matters relating to young offenders. It establishes the exclusive authority of children's aid societies to investigate allegations that children may be in need of protection.Child in Need of ProtectionIn child protection cases, a child who the court finds has been harmed, or who is at risk of being harmed, by the person who had charge of the child before the children's aid society intervened. Criminal charges may also be pursued against that person.Child Protection CaseA case in which a party, generally a children's aid society, files an application under the Child and Family Services Act, seeking a finding by the court that a child is in need of protection and an order concerning how the child is to be protected in the future.Child Support(see Support)Child Support GuidelinesRules and tables calculating the amount of child support that should be paid to the parent with whom the children reside based on the payor's income, number of children, and the province or territory of residence. Exceptions to the guidelines allow a court to order different amounts in particular cases.Child WelfareAnother term used for child protection.Children's Aid Society (CAS)An agency that investigates allegations that children may be in need of protection, protects and cares for those children where necessary, and provides guidance, counselling and other services to families for the protection of children.Children's Law Reform ActOntario statute that governs the finding or declaration of parentage, custody of and access to children, orders restraining harassment, and guardianship.Children's Lawyer (Office of the)A part of the Ministry of the Attorney General that delivers services in the administration of justice on behalf of children under the age of 18 with respect to their personal and property rights. The Office's lawyers represent children in areas of law such as custody and access, child protection, estate and civil litigation. Clinical investigators working for the Office prepare reports for the court in custody and access proceedings and may assist lawyers who are representing children in such matters.Circumstantial Evidence(see Evidence)Civil Law(1)The law of civil or private rights, as distinct from criminal law. (2) A system of private legal rights based on Roman law and usually expressed in a Code, for example the Civil Code of Quebec.ClaimThe assertion of a legal right. Statement of Claim The method of bringing an action by one person against another. Counterclaim An action brought by the defendant in an existing action against the plaintiff, which is usually tried with the plaintiff's claim. Cross Claim An action brought between co-defendants or co-plaintiffs in an existing action. Third Party Claim An action brought by the defendant in an existing action against another person, asserting that this third party is liable for some or all of the plaintiff's damages rather than the defendant. Class ActionA lawsuit commenced by a single person or small group of people on behalf of a larger group of people who may all have a legal action against the same defendant .Clerk of the CourtThe administrative officer in a court who is assigned some or all of the responsibilities of the court, such as signing court orders, issuing particular documents, maintaining the court's record, and performing other duties under the Courts of Justice Act and other legislation, and under the rules of court.CohabitTo live together in a spousal relationship, whether within or outside of marriage.Cohabitation Agreement(see Domestic Contract)Collaborative Family Law(see Alternative Dispute Resolution)Commission(1) An act or action. A positive action in contrast to an omission. (2) To confirm with a person, by asking him or her under oath or affirmation, that the information he or she is providing in a document is true. Only persons authorized to commission a document may do so.Commissioner for Taking AffidavitsA person authorized to administer oaths and affirmations and before whom affidavits, declarations and affirmations may be made.Common Law
Legal customs and past decisions of judges (case law), in contrast to statute law.
A term that describes a relationship where two people live together as spouses but are not married.
Compellable Witness(see Witness)Compensatory Damages(see Damages)CompetenceA basic ability to do something. Competence determines such things as whether an individual can give evidence, stand trial, bring an action, make decisions with regard to property or personal care, or consent to something.ComplainantA person who brings a legal complaint against another; may include the victim of an alleged criminal offence.Concurrent Sentence(see Sentence)Conditional Discharge(see Discharge)Conditional Sentence(see Sentence)Conditional Supervision(see Sentence)ConferenceA meeting between parties in a legal case or proceeding. Different types of conferences are found in the justice system: Case Conference A meeting between a judge and the parties or their lawyers, or all together, to identify disputed issues and explore methods of resolving those issues in a timely manner. Pre-Trial Conference A meeting between a judge and the parties' lawyers (the parties may or may not be present), to consider the possibility of settling or simplifying the issues and determining questions of liability, what remedy a party seeks, and the estimated duration of the hearing. Settlement Conference A meeting between a judge and the parties or their lawyers, or all together, to identify any issues that can be settled or any facts agreed upon and the evidence that will be relied on for the outstanding issues. Trial Management Conference A meeting between the judge and the parties or their lawyers, or all together, to facilitate an orderly trial and explore possibilities for settling the matter. ConfessionAn admission of guilt.Consecutive Sentence(see Sentence)Consent
Agreement or permission that is given voluntarily by a competent person, either orally or in writing.
Sometimes refers to the written form of an agreement.
Consent and Capacity BoardIndependent provincial tribunal that makes decisions about matters of capacity, consent, civil committal and substitute decision making under statutes including the Health Care Consent Act, Mental Health Act and Substitute Decisions Act.Consent Order(see Order)Constructive Trust(see Trust)Contempt of CourtConduct that defies the authority or dignity of a court, including disobeying a court order.ContestTo oppose, resist, disagree.Contingency Fee(see Fees)Continuing Power of Attorney for Property(see Power of Attorney)Continuing RecordIn family law cases, the court's record of a case, which consists of written documents that have been filed with the court.ContractAn oral or written agreement between parties in which the parties make mutual promises to each other. The parties must be at least 18 years of age, and be mentally capable of entering into such an agreement.Controlled Drugs and Substances ActFederal statute controlling drugs, such as marijuana and cocaine, and other potentially harmful substances.ConvictionThe act of finding someone guilty.Corroborating Evidence(see Evidence)Corollary Relief(see Relief)CostsA money award made by a court or tribunal for expenses in bringing or defending a legal proceeding or a step in a proceeding. Costs may also be ordered against a party, in favour of the other, for failing to follow the court's directions or instructions before or during a step in the case. Partial Indemnity Costs Costs awarded in civil matters against a party to pay some of the legal expenses incurred by the other party.. Substantial Indemnity Costs Costs awarded in civil matters against a party to pay most, but not all, of the actual legal expenses incurred by the other party (e.g., lawyer's fees). Counsel
A lawyer, especially in a court proceeding.
Referring to an offence, to persuade or encourage a person to do something against the law.
CountA criminal charge in an information or indictment.Counterclaim(see Claim)CourtA place where justice is administered. Supreme Court of Canada The Supreme Court of Canada is Canada's final court of appeal. It hears appeals from provincial and territorial courts of appeal and from the Federal Court of Appeal. Court of Appeal for Ontario The highest court in the province. It hears appeals from lower Ontario courts. Decisions of the Court of Appeal may be further appealed on a question of law to the Supreme Court of Canada, if the Supreme Court agrees. In criminal matters, a person who is convicted of an indictable offence may also appeal to the Supreme Court of Canada as of right on any question of law on which a judge of the Court of Appeal dissents. Superior Court of Justice The Superior Court of Justice hears criminal prosecutions of indictable offences, summary conviction appeals, bail reviews, estates, civil suits (over $25,000), and, where the Family Court branch of the Superior Court of Justice does not exist, the court also hears family cases other than child protection, secure treatment, adoption cases and appeals of child protection cases. Divisional Court The Divisional Court is a branch of the Superior Court of Justice. The court hears appeals and reviews of decisions by government agencies, tribunals and boards, as well as some appeals. Family Court The Family Court is a branch of the Superior Court of Justice. It hears all family cases. Where the Family Court does not exist, jurisdiction over family matters is divided between the Superior Court of Justice and the Ontario Court of Justice. Small Claims Court The Small Claims Court is a branch of the Superior Court of Justice. The court hears civil actions for claims up to $25,000. Ontario Court of Justice This court hears criminal and Provincial Offences Act prosecutions, Provincial Offences Act appeals, and, in areas where the Family Court branch of the Superior Court of Justice does not exist, the court also hears family cases other than cases that contain claims for divorce or division of property. Court FileThe court's physical record of a case, including all documents filed with the court.Court of Appeal(see Court)Court Order(see Order)CreditorA person to whom money is owed.Criminal Code of CanadaFederal legislation that is the source of criminal law and procedure in Canada.Criminal LawLaw that prohibits harmful or undesirable conduct, and the processes by in which the state ("the Crown") responds to this conduct.Criminal Rate of Interest(see Interest Rate)Criminal RecordDocumentation of criminal conviction(s) imposed on a person.Cross Claim(see Claim)Cross-Examination(see Examination)CrownThe government. (Cabinet ministers and public servants, but not the Legislature or judges.)Crown AttorneyA lawyer who acts as an agent of the Attorney General in civil lawsuits; a lawyer who prosecutes criminal matters on behalf of the Crown.Crown Prosecution(see Prosecution)Crown WardshipIn child protection cases, a child who has been placed permanently in the care of a children's aid society. The state or Crown becomes the child's legal parent and has the rights and responsibilities of a parent.Custody
The care and control of a thing or a person. For example, in criminal matters, a person is taken into custody upon arrest or while awaiting trial.
In family law cases, this describes the arrangement made for the care of children when parents separate or children are found in need of protection. Different types of child custody arrangements include: Joint Custody The children live primarily with one parent and the other parent spends regular time with the children. However, the parents jointly make decisions about the children. Shared Custody Where both parents are involved in decision-making about the children and share in their on-going care. According to the Child Support Guidelines, shared custody is where the children live at least 40% of the time with each parent. Sole Custody The children live with one parent, and that parent has the right and responsibility to make major decisions about the child's care, education, religious instruction and welfare. The other parent usually has access to the child. Split Custody When the parents have more than one child together and each parent has custody of one or more of those children.
Custody and Community Supervision(see Sentence)Custody and Conditional Supervision(see Sentence)Customary CareIn child protection cases, where a child is placed in the care and supervision of an Aboriginal person who is not the child's parent, according to the custom of the child's band or native community.
DamagesMoney claimed by, or ordered to be paid to, a person as compensation for loss or injuries. Aggravated Damages Damages designed to compensate a plaintiff for suffering intangible damages such as humiliation and distress, as a result of the defendant's actions. Compensatory Damages Damages awarded for actual loss, in order to place the plaintiff in a position that he or she would have been in had he or she not suffered the wrong complained of. General Damages Damages for non-monetary losses suffered by a plaintiff. These damages are not capable of exact quantification. Examples of such losses suffered include pain, suffering, and disfigurement. Nominal Damages Token (i.e. small) damages awarded to redress a violation of a legal right that the law deems necessary to protect, even in the absence of actual harm. Non-Pecuniary Damages Damages that cannot be measured in money, but nevertheless are compensated for with money (i.e., general damages). Pecuniary Damages Damages that can be measured in money (i.e., special damages). Punitive Damages Damages awarded to punish a defendant for their purposely harsh, vindictive or malicious behaviour. Special Damages Damages intended to compensate a plaintiff for a quantifiable monetary loss. Examples of such losses include: lost earnings, medical bills, and repair costs. Dangerous OffenderA person who is convicted of a serious personal injury offence, as provided in the Criminal Code of Canada, and who is, after an assessment, found by a court to be at high risk to re-offend and whose risk cannot be managed in the community. Dangerous offenders are sentenced to a detention in a federal prison for an indefinite period. (see also Long-term Offender)DebtorA person who owes money.DeclarationAn order of the court that declares the law to require or prohibit certain conduct or that named persons have rights specified in the declaration.Default Hearing(see Hearing)Default Judgment(see Judgment)DefenceA defendant or accused person's reason(s) why a plaintiff or a prosecutor does not have a valid case.Defence CounselA lawyer who represents a defendant or accused person in a civil or criminal case.DefendantA person sued in a civil proceeding or accused in a criminal proceeding.Demonstrative Evidence(see Evidence)De Novo (Hearing)Latin term for "new." A hearing after a decision, as if no decision had previously been made.DependantA person who relies on another for support. A person whom another has an obligation to support.DeponentA person making a statement under oath or affirmation, often in an affidavit.DepositionAn affidavit or statement made under oath or affirmation.Deputy Judge(see Judge)Derivative Evidence(see Evidence)Direct Evidence(see Evidence)Direct Examination(see Examination)DischargeA release from obligation when a legal duty has ended. In the criminal context, this is also used as an alternative sentencing option for an accused who has been found guilty. The result of a discharge is that the offender has no criminal record of a finding of guilt. Absolute Discharge A conviction is not entered against the accused and any information or record relating to that offence cannot be disclosed after one year from the date of the discharge order. Conditional Discharge A conviction is not entered against the accused if certain conditions that are imposed are met. Any information or record relating to the offence cannot be disclosed after three years from the date of the discharge order, as long as all the conditions are met. DisclosureMaking information and documents known and available to a party in a proceeding. There are disclosure requirements placed on parties by law or court rules. Court records can also be disclosed to the public, subject to statutory provisions, common law rules or judicial direction restricting access to the records.DiscoveryThere are compulsory discovery rules by which parties to civil actions must reveal documents and information relevant to the case.Discretionary Bench Warrant(see Warrant)DismissalA judicial officer's decision to terminate an action, claim, or charges.DispositionA judicial officer's decision. (see "Judgment")DiversionIn criminal law, removal of a case from the usual process. The police or Crown attorney may divert a case if certain conditions are met. There are various formal and informal pre-charge and post-charge diversion programs. Some of these are also referred to as extrajudicial measures or sanctions.Divisional Court(see Court)Division of PropertyIn family law cases, the division of assets and liabilities between parties after separation or death. For married parties, property is divided by equalizing the net family property of the parties.DivorceThe legal ending of a marriage by a court order.Divorce ActFederal statute that governs divorce in Canada, as well as custody, access, and support in divorce cases.Divorce Order(see Order)Docket(1) A list of cases to be heard in a particular court room during that day. This list may be referred to as the "case event list". (2) A record of the time a lawyer spent on a particular matter.Domestic ContractIn family law, a contract between people setting out their obligations towards and expectations of each other. Cohabitation Agreement Agreement by two people who are or will be cohabiting and who are not married to each other about their respective rights and obligations during cohabitation, or when they separate or die. Marriage Contract A contract entered into by two persons who are married to each other, or who intend to marry each other, in which they agree on their respective rights and obligations during the marriage, or in case of separation, divorce, annulment or death. Paternity Agreement Agreement by parents who are not spouses about the support of their child. Separation Agreement Agreement by two people, who cohabited and have separated, on their respective rights and obligations. Domestic ViolenceAny or all of the many different forms of abuse and mistreatment that people may experience in their intimate domestic relationships.DuressSomeone being forced to do something through physical threats or psychological or emotional pressure.Duty Counsel(see Legal Aid)
ElectionThe making of a legal choice. Election by the Accused The procedure by which accused persons charged with certain criminal offences are given the choice to be tried by judge and jury or by judge alone at the Superior Court of Justice, or by a provincial judge in the Ontario Court of Justice. With certain criminal offences, the accused may elect to have a preliminary inquiry. Election by the Crown The procedure by which the Crown decides to prosecute a "hybrid" offence as a summary conviction or as an indictable offence. The major procedural difference is an indictable offence usually has a preliminary inquiry before trial. EndorseTo sign a legal document or formally approve something.EndorsementThe written decision of a judge.EnforcementWhere one party takes measures under the law or with permission of the court to compel the other party to obey a court order.Equalization paymentIn family law cases, a payment from one married spouse to the other to ensure that both parties receive an equal share of the net family property they accumulated during their marriage.EstateThe property that a person owns or has a legal interest in. Often used to describe the property after the person's death.EstreatmentThe enforcement of a forfeited recognizance due to failure to comply with the conditions agreed to. (see Default Hearing)EvidenceStatements, information, and things that are used to prove or disprove an alleged fact. Admissible Evidence Evidence that is relevant and is of such a kind that the court will receive it. Character Evidence Evidence that shows the kind of person that someone is. Circumstantial Evidence Evidence which creates an inference that a particular fact exists. Corroborating Evidence Evidence that strengthens and confirms other evidence. Demonstrative Evidence Physical evidence that can be seen and inspected. Derivative Evidence Evidence discovered by using illegally obtained evidence. This evidence may be found to be inadmissible. Direct Evidence Evidence based on personal knowledge or observation that, if true, proves a fact. Expert Evidence Opinion evidence given by a person whom the court finds to be qualified to act as an expert. Forensic Evidence Evidence collected and studied through the use of sciences and other specialized knowledge, such as, biology, chemistry, medicine, physics, computer science, psychiatry and psychology. Forensic experts examine various things, including: a person's mental condition, documents, substances, chemicals, tissue traces, or impressions left at a crime scene. Hearsay Evidence Evidence based on what someone else has told the witness. "Second-hand" evidence. Hearsay evidence is often not admissible in court. Viva Voce Evidence Evidence that is given orally, as opposed to written evidence. ExaminationThe questioning of a witness under oath or affirmation. Direct Examination The questioning of a witness in a trial or other proceeding, conducted by the party who called the witness to testify. Cross Examination The examination of a witness by an opposing party to develop or test the truth of evidence given by the witness during direct examination. Examination for DiscoveryIn civil proceedings, a process by which the parties to an action question one another, or another person, under oath or affirmation on the facts and issues. A record is produced of the questions and answers given. The term "questioning" is used in family law cases.Excluded PropertyIn family law cases, the property that is excluded from the calculation of a married spouse's net family property.Exclusive Possession of the Matrimonial HomeIn family law cases, a court order that gives one party the right to live in or use the family home, to the exclusion of the other.Executed Warrant(see Warrant)ExecutionA process by which orders of the court are enforced.ExhibitA document or object admitted as evidence in court.Ex ParteLatin term, meaning made in the absence of the opposing party. In certain circumstances, applications or motions brought by a party may be heard without notice to the other party.ExpertA person who has developed skill and knowledge on a subject and is accepted by a court as being able to form opinions on evidence presented to assist the judge.Expert Evidence(see Evidence)Expert Witness(see Witness)Extraordinary ExpensesExpenses for children listed in section 7 of the Child Support Guidelines to which both parents will generally contribute in proportion to their respective incomes, beyond the guideline amount. These are also known as special expenses.Extraordinary Remedies(see Prerogative Writs)
FactumA document in a court case in which a party sets out a concise argument, stating the facts and laws relied on.Family Court(see Court)Family LawThe laws that deal with family-related issues and domestic relations including child protection, divorce, separation, custody and access, division of property, support, and adoption.Family Law ActOntario statute governing family property, child and spousal support, the matrimonial home, domestic contracts, and restraining orders.Family Law Rules(see Rules of the Court)Family Responsibility and Support Arrears Enforcement Act, 1996Ontario statute that creates the Family Responsibility Office and sets out its powers and responsibilities to enforce child and spousal support orders and agreements.Family Responsibility Office (FRO)The Family Responsibility Office (FRO) receives every child support and spousal support order made by the Ontario courts, collects the amounts owed under the order and pays it to the person to whom it is owed. The FRO has the legal duty to take enforcement action against those who do not pay support as ordered.Fee WaiverA mechanism for waiving court or enforcement fees. People who cannot afford to pay may request that these fees be waived. Fee waiver applies to most fees in civil, family, and small claims court proceedings. A request form must be submitted and determination is based on financial eligibility criteria.Fees
A charge for services.
Court fees payable in various proceedings as set out by regulation.
Contingency Fee Fees payable to a lawyer only if a case is successful. They are usually based on a percentage of the client's recovery. FiduciaryA person who has a legal obligation to act in good faith for the benefit of another person, for example a trustee. Describes the nature of the duty that such a person owes to the beneficiary.Final Order(see Order)Financial StatementForms that set out a person's income, expenses, property, debts and liabilities.Fine(see Sentence)Fitness Hearing(see Hearing)Forensic Evidence(see Evidence)FROAcronym for the Family Responsibility Office.
GarnisheeA third party who owes money to a debtor, but must instead pay it to the court (or in family law cases, to the Family Responsibility Office), to the benefit of a creditor.GarnishmentA process whereby a person who has a court order for payment can demand money owed to a debtor by someone else. Most often, people garnish wages or bank accounts.General Damages(see Damages)Guardian/Guardian Ad LitemA person given legal authority by law or court order to have custody of another person or their property or both, because they are not able to manage their own affairs.Guilty
A verdict convicting an accused person of the crime he or she is charged with.
An accused person's plea when he or she does not contest the offence he or she is charged with.
Habeas Corpus(see Prerogative Writs)HearingGeneric label to describe a proceeding. Default Hearing
In family law cases, a hearing in which a payor is required to come to court to explain why payment has not been made as required by a support order.
In criminal law cases, when an accused has broken terms of their bail, the Court sets out the process for the court to order the default estreatment of bail, including recognizance.
Fitness Hearing The Criminal Code procedure to see if an accused is mentally fit to stand trial. Temporary Care and Custody Hearing In child protection cases, a hearing that may be held to determine who will have care and custody of a child who has been apprehended by the children's aid society until a final order is made in the case. Hearsay Evidence(see Evidence)Holograph Will(see Will)HomicideCategory of criminal charges for killing someone, including 1st and 2nd degree murder, manslaughter, and infanticide.Hybrid Offence(see Offence)
Identification of Criminals ActFederal statute that sets out the right of police to fingerprint, take photographs, and collect information on persons accused of criminal offences.IllegalProhibited by law.Imprisonment(see Sentence)Imputed incomeIn family law, when a judge finds that the amount of income a parent discloses is not accurate, the judge may attribute additional income to that person for purposes of calculating child support.In CameraPrivate/closed; said of hearings that are not open to the public or the media.IncarcerationImprisonment.Indictable Offence(see Offence)IndictmentA formal document containing the indictable offences upon which an accused will be tried. Indictments are used in the Superior Court of Justice.InformationA formal document containing the offences that the accused is charged with. Informations are used in the Ontario Court of Justice.InjunctionA court order requiring someone to do something or to refrain from doing something.InquestAn inquiry held by a coroner or medical examiner regarding the death of a person who died in circumstances set out in the Coroner's Act.InsolvencyThe inability to pay debts as they come due.InsolventA person who owes at least $1000. to creditors and is unable to pay his or her obligations as they come due.Interest RateThe percentage that a person owing money must pay to a creditor or recipient for the period that the money owed is outstanding. Criminal Rate of Interest Interest above the maximum rate allowed under the Criminal Code of Canada. Prejudgment Interest Rate The rate at which interest will accrue from the date the cause of action arose to the date of the order. Postjudgment Interest Rate The rate at which interest will accrue for money owing under a court order, including costs, calculated from the date of the order to the date of payment. Interim or Interlocutory Order(see Order)Interjurisdictional Support Orders Act, 2002Ontario statute that sets out the process for the enforcement of a support order, where one party lives in Ontario and the other party lives elsewhere in a reciprocating jurisdiction.Intermittent Sentence(see Sentence)InterpleaderA court proceeding to resolve a dispute over the ownership of property that was seized, or may be seized, in an execution.IntestateDying without having made a valid will.
Joint Custody(see Custody)Joint Liability(see Liability)JudgeThe person authorized to determine legal matters in court. Deputy Judge A person appointed to determine small claims court matters. Puisne Judge A judge or justice other than the chief judge or chief justice of a court. Supernumerary Judge A judge who has the option to retire, but who instead chooses to sit half of the time of a full-time judge. JudgmentA judicial decision; the determination of a court; a court's sentence or decision on the major question in a proceeding. Default Judgment A judgment obtained where the defendant fails to defend against the plaintiff or applicant's claim. Summary Judgment In civil or family law matters, a motion for a final order without a trial on the basis that there is no genuine issue for trial because the evidence favouring one of the parties is overwhelming. Judgment CreditorIn civil cases, a person who is owed money under a court judgment or order. The term "recipient" is used in support enforcement cases.Judgment DebtorIn civil cases, a person who owes money under a court judgment or order. The term "payor" is used in support enforcement cases.Judicial Interim
Bail.--Release of the accused between committal for trial and the trial's completion. The release can be with or without conditions and with or without someone guaranteeing the release (a surety).
Jurisdiction--The legal authority of a court to hear a particular matter.JuryA group of people sworn to deliver a verdict after considering evidence delivered to them concerning the issue.Justice
The principle of giving every person his or her due.
A judge.
Justice of the Peace--A judicial officer who has authority to do a variety of things in criminal matters, including, issuing warrants and hearing bail applications and provincial offence trials.
Keep the Peace--To prevent or avoid breaches of the peace, such as acts of violence or other acts prohibited by law.
Law--Statutes, acts, regulations, rules, standards and principles that govern people. Law can also be based on court decisions.Law Society of Upper CanadaThe provincial body charged, by the legislature, with governing the legal profession and regulating the conduct of lawyers and paralegals in Ontario.LawyerA person licensed through the Law Society to practice law.LeavePermission of the court.Legal AidLegal advice and services mainly funded by government to assist those who are financially unable to retain a lawyer privately. Legal Aid Ontario administers Ontario's legal aid program, which includes legal aid clinics, duty counsel, and certificates for private lawyers.Legislation(see Act)Liability
Legal responsibility.
A financial obligation.
Absolute Liability-- A person is held liable simply because they engaged in the behaviour. No proof of intent or negligence is required. No defence is available. Joint Liability Liability shared amongst parties. Limited Liability Liability limited to contractual obligations or restricted by law. Several Liability Liability that is separate from that of other parties. Strict Liability A person is held liable because the act occurred. Some proof of intent or negligence is required, and there are some defences available. Vicarious Liability A person is held liable for the harm caused by another person. For example, an employer can be held vicariously liable for actions of employees. Limitation PeriodThe statutory time limit for commencing a legal proceeding. Most limitation periods in Ontario are included in the Limitations Act, 2002.Limited Liability(see Liability)LitigationLegal proceedings before a court or tribunal.Litigation GuardianIn civil cases, a person who commences, continues, or defends a proceeding on behalf of a party under disability and who has the right to make decisions for the party under disability in the proceeding.Long-term OffenderA person who is convicted of certain criminal offences and, after an assessment, the court finds that the risk of the person re-offending is high but can eventually be controlled in the community. Long-term offenders must serve their sentence of imprisonment (a minimum of two years) and are then supervised in the community for a period not exceeding ten years. (see Dangerous Offender)
Mandamus(see Prerogative Writs)Marriage Contract(see Domestic Contract)Master--A provincially appointed judicial officer who is authorized to decide certain non-criminal matters. Case Management Master Assists judges to manage civil caseloads by presiding at motions and case and settlement conferences. Material Witness(see Witness)Matrimonial HomeIn family law cases, a property that was ordinarily occupied by a family as their home, or one of their homes, at the time of separation.Mediation(see Alternative Dispute Resolution)MediatorA neutral third party who assists parties to resolve issues in dispute. Mediators do not take sides or make decisions for the parties, nor do they provide legal advice. (see Alternative Dispute Resolution)Mens ReaLatin term for "guilty mind." The intent to commit the offence.Mentally IncapableWhen someone cannot understand relevant information or cannot appreciate what may happen as the result of decisions they make or do not make. Different levels of capacity are required for different types of decisions and actions.MinorA person who is under the age of 18. (see Child)Minutes of SettlementDocument signed by the parties that sets out the terms of a settlement arrangement and may be filed with the court in order to obtain a consent order or, when required, an order approving of the settlement.MisrepresentationA false or misleading assertion about something.MitigateAction taken (usually by a plaintiff) to make something (usually damages) less severe.MotionA process used to make a request to a judge for an order, either before, during, or after a trial or other proceeding.
Neglect--In child protection cases, the failure by a parent or other caregiver to provide for a child's basic physical, emotional or developmental needs or to protect a child from harm or potential harm.NegligenceThe failure to take reasonable care to prevent foreseeable harm to others.Net Family PropertyIn family law cases, the value of all property that a married spouse owns on a specified date, known as the valuation date, less (a) the spouse's debts on the valuation date, (b) the value of property other than a matrimonial home owned by the spouse at the date of marriage, less any debts owing at that time, and (c) any excluded property.No Contact OrderAn order forbidding a person from contacting named person(s).Nominal Damages(see Damages)Non-Pecuniary Damages(see Damages)Notary / Notary PublicA person with legal authority to prepare and verify specific legal documents. A notary need not be a lawyer, and not all lawyers are notaries.NoticeLegal notification of something (e.g., a Notice of Appeal).Notice of GarnishmentA court order requiring garnishment of a debt owing by a third party to a judgment creditor or recipient.
Oath--A solemn declaration, followed by a swearing to God or an honoured deity, whereby the person promises to tell the truth.OffenceA violation of the law. Hybrid Offence Term applied to a criminal offence which may be tried by summary conviction procedure or by indictment at the option of the prosecutor. A hybrid offence is an indictable offence until the Crown elects to proceed by way of summary conviction. The difference is in the process followed. Indictable Offence More serious criminal offences that carry longer maximum sentences and higher fines; these offences are also subject to more complex court procedures, including the right to a preliminary hearing before a trial in the Superior Court of Justice. Quasi-Criminal Offence A non-criminal offence that carries a penalty similar to that of a criminal offence, but that is subject to less complex court procedures than are criminal offences. For example traffic and workplace safety offences. Regulatory Offence A non-criminal offence that regulates conduct in the public interest, such as securities regulations. Regulatory offences are often dealt with at administrative tribunals and not in a court setting. Summary Conviction Offence These criminal offences carry lower maximum penalties and are subject to less complex court procedures. These matters are heard in the Ontario Court of Justice. Offer to SettleA written document that is sent by one party to the other setting out the terms for which that party is willing to settle all or part of the case.OmissionThe failure to do something which it is one's duty to do, or which a reasonable person would do.Ontario Court of Justice(see Court)OrderA court's direction requiring a party to do something or refrain from doing something. Assessment Order
In criminal proceedings, a court's order to have an accused person's mental condition assessed where the court believes it necessary (a "fitness hearing").
In civil law, an order that a person attend for a physical or mental examination where the physical or mental condition of a party to the proceedings is in question.
In family law cases, a court's order to have a qualified professional investigate and report on the needs of the child(ren) and the ability of the parties to meet those needs.
Community Treatment Order An order to provide a person who suffers from a serious mental disorder with a comprehensive plan of community-based treatment or care and supervision that is less restrictive than being detained in a psychiatric facility. Consent Order An order made by the court based upon the agreement of the parties. Divorce Order Final order made by a court in a divorce case. On taking effect, a divorce order legally ends a marriage. Final Order An order that decides a case or claim on a final basis. Interim or Interlocutory Order An order that is valid for a specified period of time or until there is a final order. It does not finally dispose of the case or claim before the court or tribunal. Openness Order In child protection cases, an order made by the court allowing a Crown ward to continue to have contact, communicate or have a relationship with a person after adoption. Probation Order (see Sentence) Production Order In criminal law, an order to have evidence produced by someone other than the accused. In civil law, an order that a party, or a third party with relevant documents, produce those documents for the purposes of the litigation. Prohibition Order (1) An order to prevent a person from doing something. (2) A prerogative writ. Refraining order In family law cases, a court order preventing the Family Responsibility Of fice from suspending a payor's driver's licence. Restraining Order
In family law cases, an order restraining harassment that prohibits a person from molesting, annoying, harassing or communicating with their spouse, their children, or a person having custody.
In family law cases, an order stopping one spouse from selling or depleting his or her property.
Restitution Order (see Sentence) Society Wardship Order In child protection cases, an order placing a child in the care and custody of a children's aid society for a period of up to 12 months. Supervision Order In child protection cases, an order that the child is either placed with or returned to a parent or another person for between three and twelve months, and the children's aid society supervises the family. Support Order In family law cases, an order that a person provide support for his or her dependants, which sets out the amount to be paid and the time during which the support must be paid. Support Deduction Order In family law cases, an order that allows the Family Responsibility Office (FRO) to collect support payments. Temporary Order In family law cases, an order that is effective only for a limited time, including an interim order. Treatment Order In criminal law, an order to have the accused treated for mental health problems.
Pardon--A process that allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records. All information pertaining to convictions will be taken out of the Canadian Police Information Centre (CPIC) and may not be disclosed.Parental Responsibility Act, 2000Provincial statute that makes parents financially responsible for damages caused by their children.Parenting PlanA plan developed by parents which sets out their arrangements for the care of their children after separation. The plan can be informal or can be contained in a separation agreement or court order.ParoleThe early release of a prisoner from imprisonment, whereby the person is supervised and required to obey conditions.Partial Indemnity Costs(see Costs)ParticularsThe details of a claim. A court may order a party to provide additional "particulars" to: define any issues; prevent surprise; enable the parties to get ready for trial; and facilitate a hearing.PartyA person by or against whom a legal action is brought. The people who make promises to each other in a contract.Party Under DisabilityFor civil matters, a party is under disability and thus not permitted to manage his or her own legal actions if he or she is a minor, mentally incapable, or an absentee. (see Special Party)Paternity Agreement(see Domestic Contract)Payment Into CourtA process by which, when money is or may be owed to a party, he or she can request an order from the court requiring the other party to pay money to the clerk of the court, in trust, as security for future payments. Where parties are entitled to money, and not capable of managing their money because of their age or other disability, the money can be paid into court in order to protect the incapable person's interest.PayorA person who is required to pay money to another person under a court order or agreement.Peace Bond(see Bond)Peace OfficerA police officer or other official who has sworn to uphold the law.Pecuniary Damages(see Damages)PerjuryAn intentional lie given under oath or affirmation, either in person or in writing. It is a criminal offence.Personal Property(see Property)PlaintiffA person who commences an action.Plan of CareIn child protection cases, a plan developed by a children's aid society, a parent or other person who wishes to be involved in the child's life that sets out where the child would live, caregiving and school arrangements, and support services for the child and family.PleaThe declaration made by a person accused of a crime as to whether he or she is guilty or not guilty of the charge.Plea Bargain (Resolution Discussions)Negotiated agreement between a prosecutor and an accused, including his or her lawyer, to settle a criminal case that is presented to a judge for their consideration and decision.PleadingA statement in writing of material facts and law on which a party to a dispute relies in support of a claim or defence.Postjudgment Interest Rate(see Interest Rate)Power of AttorneyDocument that authorizes a person to make, on the grantor's behalf, decisions concerning the grantor's property and personal care issues. Restrictions on the Attorney's powers, if any, should be contained in the written document itself.Pre-Enquete HearingAn "in camera" proceeding before a justice of the peace to determine whether an Information should be laid against a person at the private complaint of another person.PrecedentA judicial decision or judgment that is cited as the authority for deciding a similar situation in the same manner.Prejudgment Interest Rate(see Interest Rate)Preliminary InquiryThe procedure conducted by a provincial court to determine whether the Crown has sufficient evidence for a trial of the accused. At the conclusion of the inquiry, the accused will either be discharged or ordered to stand trial (also referred to as committed for trial).Prerogative WritsThe remedies of certiorari, habeas corpus, mandamus, prohibition and quo warranto. They are also known as extraordinary remedies. Certiorari A remedy used by a superior court to quash an order or decision of a lower court or administrative body made without jurisdiction. Habeas corpus A remedy available to any person detained or imprisoned, not to hear and determine the case upon the evidence, but to immediately and in a summary way test the validity of the person's detention or imprisonment. Mandamus A remedy to compel the performance of a public duty. Prohibition A remedy used by a superior court to prohibit a lower court or tribunal from exercising or continuing to exercise an authority it does not have. Quo Warranto A remedy used to challenge a person's entitlement to a public office that he or she purports to occupy and exercise. Pre-Sentence ReportA report prepared before sentencing an offender. It contains information about the offender's history that is used in assisting the court in passing sentence.Pre-Trial Conference(see Conference)Prima FacieLatin term for "at first glance"; on the surface. It describes evidence or an argument that is sufficient to establish a fact or raise a presumption unless disproved or rebutted.Private Prosecution(see Prosecution)Probate(see Certificate of Appointment of Estate Trustee With a Will)Probation (Order)(see Sentence)Pro Bono ServicesLatin term for "for the public good". Legal services provided by a lawyer, free of charge, to individuals or to groups.Proceeding
A legal process used to seek redress.
A matter before the court.
Production Order(see Order)Prohibition
See Prohibition Order.
See Prerogative Writs
Prohibition Order(see Order)PropertyAnything over which the rights of possession, use, and enjoyment are exercised. Real Property Used to describe land and anything attached to the land. Personal Property Used to describe anything not classified as real property (also known as chattels).Choses in ActionUsed to define property that is neither real nor personal, but which a person has certain rights to, like the right to an action, or the right to copyright or patents. ProsecuteTo commence and carry out a legal action in a criminal or provincial offence proceeding.ProsecutionA proceeding in which an accused person is tried. Crown Prosecution A prosecution commenced by a peace officer or representative of the Crown. Private Prosecution A prosecution commenced by a member of the public, as opposed to a peace officer. Prosecutor
A legal officer who represents the federal, provincial, or municipal government in proceedings. In Canada, federal prosecutors handle immigration and drug related charges; provincial prosecutors handle criminal cases and some provincial offences; and municipal prosecutors handle certain prosecutions of Provincial Offences Act matters.
A private individual who carries on a private prosecution.
Provincial Offences Act (POA)Provincial statute that sets out procedures for the prosecution of offences under other provincial statutes and regulations and municipal by-laws. Under a Memorandum of Understanding, municipalities are responsible for the administration of courts hearing Provincial Offences Act (POA) matters and the prosecution of certain POA cases.Psychiatric Assessment(see Assessment)Public Guardian and Trustee (Office of the)A part of the Ministry of Attorney General that delivers services that safeguard the legal, personal and financial interests of mentally incapable adults. The office may be appointed to administer estates where there is no will, heirs or executor. The office also plays a role in protecting the public interest in charitable property.Publication BanA court order or law that prohibits the publication of information that might identify a complainant, offender, child, or witness, or prohibits the publication of a report of the hearing or trial or a specified part of the hearing or trial.Puisne Judge(see Judge)Punitive Damages(see Damages)ParalegalA person licensed under the Law Society Act to provide legal services in Ontario.
Quash--To terminate or void something.Quasi-Criminal Offence(see Offence)Questioning(see Examination for Discovery)Quo Warranto(see Prerogative Writs)
R. v. (name)/The Queen v. (name)The title of proceeding of a criminal case. The 'R.' stands for Regina or Rex, which are the Latin words for Queen or King. The 'v.' stands for versus, but it is often read aloud by using the term "and" instead.Real Property(see Property)RecipientIn family law cases, a person who is entitled to receive support under an order or agreement.Reciprocating JurisdictionIn family law cases, another province, territory or country that has entered into an agreement with Ontario for the enforcement of support orders and the making or changing of support orders. Reciprocating jurisdictions are listed in a regulation under the Interjurisdictional Support Orders Act, 2002.Recognizance
A legislated form used by the court that sets out the terms under which a person will be released on bail or on a peace bond and when he or she is expected to return to appear before the court.
In family law cases, an acknowledgment entered into before a judge, justice of the peace or clerk when a bond is posted that money is owed if certain conditions are not met. (see Bond)
Record of the ProceedingIn regard to a particular case, the listing or recording by the court of all of the appearances and proceedings and their outcomes before the court.Refraining Order(see Order)RegistrarWith respect to a court, the administrative officer who has been assigned some or all of the responsibilities of registrar, such as filing and issuing particular documents, maintaining the court's record and performing other duties under the Rules of Civil Procedure, the Courts of Justice Act, and other legislation.RegulationDelegated legislation made by the government, not the legislature. Regulations are a form of law.Regulatory Offence(see Offence)ReliefThe remedy a party asks for in a proceeding. Corollary Relief In a case under the Divorce Act, claims and orders for custody and access, child support and spousal support. RemandTo adjourn a hearing to a future date, most often used in criminal cases when the accused is in custody.RemedyThe award a party seeks in a proceeding to enforce a right or redress a wrong.ReplyA response to a claim.RescindTo cancel.Reserved JudgmentWhen the judge postpones making a decision to research, study the law, or review the evidence presented during the proceeding.Respondent
A person against whom a claim is made in an application, answer or appeal.
A person against whom one issues a summons.
Restitution (Order)(see Sentence)Restraining Order(see Order)Resulting Trust(see Trust)Review BoardEstablished by the Criminal Code, each province has a Review Board to oversee the cases of persons found unfit to stand trial or not criminally responsible because of a mental disorder.Rule of LawFundamental legal principle that everyone – including the government – is subject to the same law that regulates behaviour and preserves order.Rules of Civil Procedure(see Rules of the Court)Rules of (the) CourtThe procedures which govern the proceedings in the court and which are to be followed by the parties. In civil cases, the Rules of Civil Procedure are the rules of court. In family law cases, the Family Law Rules are the rules of court. In criminal law, Criminal Appeal Rules and Criminal Proceeding Rules are the rules of court.RepresentativeA lawyer, paralegal or other person representing a person in a Small Claims Court proceeding.
Seal--An imprint affixed to a document to prove authenticity and attest to its accuracy.Sealed--Closed to the public. If the court seals a court file or a court document filed, public access is only permitted by order of the court.SearchAn examination of a person's body or private property to find evidence, conducted by a public authority who is acting pursuant to a court order or other legal authority.Search Warrant(see Warrant)Secure TreatmentAn approved program for the treatment of children with mental disorders in which continuous restrictions are imposed on the liberty of the children.SecurityMoney or other valuables that may be required to be paid into court or to another party.Security for CostsA court order that a party pay money into court to ensure that money will be available to pay for costs ordered by the court, if the party is not successful in pursuing his or her claims.SeizureThe taking of property from a person, without his or her consent, by a public authority who is acting pursuant to a court order or other legal authority.SentenceThe penalty imposed on the finding of guilt. Concurrent Sentence Two or more terms of imprisonment served simultaneously. Conditional Sentence Where a sentence of imprisonment of less than two years is given, the judge may order that the sentence be served in the community subject to conditions. Consecutive Sentence Two or more terms of imprisonment served one after the other. Custody and Community Supervision/Custody and Conditional Supervision The Youth Criminal Justice Act makes provisions for a custody and community or conditional supervision order, where two thirds of the sentence is served in custody and one third is served in the community under supervision. Discharge (see Discharge) Fine A monetary penalty. Imprisonment The act of confining someone in a jail or prison. Intermittent Sentence A sentence consisting of periods of imprisonment interrupted by periods of probation. Intermittent sentences may be given for sentences of imprisonment for 90 days or less, usually to avoid loss of employment or interruption of education or childcare. Probation An order authorizing a person to be in the community subject to conditions listed in the order. Restitution An order requiring a convicted person to restore property to its rightful owner, compensate for a loss, or repair damage caused. Suspended Sentence The release of the convicted person on certain conditions contained in a probation order. Separation (breakdown of the relationship)In family law cases, where spouses are living separate and apart and one or both of them has the intention of ending the relationship.Separation Agreement(see Domestic Contract)ServiceThe formal delivery of a legal document to the required person in accordance with the rules of court.Settlement Conference(see Conference)Several Liability(see Liability)Shared Custody(see Custody)SheriffThe name formerly used for an officer of the court who is responsible for enforcing court orders. May also include a Small Claims Court bailiff. Now called Enforcement Officers.Show Cause HearingA hearing where the prosecutor must "show cause" that the accused should be held in custody until the trial. (see Bail Hearing)Sine DieLatin term, meaning "without a day". Used to describe an indefinite adjournment of a proceeding.Small Claims Court(see Court)Society Wardship Order(see Order)Sole Custody(see Custody)SolicitorIn Canada (except Quebec), all lawyers are both barristers and solicitors. In England and other countries, historically, barristers attended court, while solicitors did not.Solicitor-Client PrivilegeThe confidentiality of communications between a lawyer and client where they relate to seeking, forming, or giving legal advice.Special Damages(see Damages)Special Expenses(see Extraordinary Expenses)Special PartyIn family cases, a party who is under the age of 18 or who is or appears to be mentally incapable. It does not include a child who is the subject of the case.Specific PerformanceA court order that requires the performance of a legal or contractual obligation where monetary damages for non-performance would be inadequate.Split Custody(see Custody)Spousal Support(see Support)SpouseA person who lives with another person in a conjugal relationship, either inside or outside marriage. The length of time required to qualify as a spouse in situations outside of marriage is different under different statutes.Standard of Proof(see Burden of Proof)StandingA party's right to make a legal claim or seek judicial redress.Stare DecisisLatin term for the principle by which a precedent or decision of one court binds lower courts.Status ReviewIn child protection cases, an application for the review of a child's status by the court before the end of the current protection order.Statute(see Act)Stay of ProceedingsAn order suspending a legal proceeding.Strict Liability(see Liability)SubmissionStatements and arguments urging the decision maker to make particular findings of fact and apply the law in the manner proposed by the person making the submission.SubpoenaA document that compels a person to attend proceedings as a witness in order to give testimony.Substantial Indemnity Costs(see Costs)Substitute Decisions Act, 1992Ontario statute that governs what may happen when someone is not mentally capable of making certain decisions about their own property or personal care. It describes how a substitute decision-maker may be appointed for a mentally incapable person, and the powers and duties of the substitute decision-maker.Summary Conviction Offence(see Offence)Summary Judgment(see Judgment)Summons (to Witness)A document issued by a court, agency, board or commission, or another person, requiring a person to attend and to produce documents or other things.Superior Court of Justice(see Court)Supernumerary Judge(see Judge)Supervised AccessIn family law cases, access visits or the exchange of the child that take place in the presence of a third party, to ensure safety.Supervision Order(see Order)SupportMonetary assistance that a person provides for his or her dependant(s). Child Support The amount a parent pays, usually to the other parent, for the financial support of a child under a court order or agreement. Spousal Support Money paid by one spouse to another after separation to contribute to the other spouse's living expenses. Support Deduction Order(see Order)Support Order(see Order)Supreme Court of Canada(see Court)SurchargeAn additional or extra charge. A charge upon a charge. Victim Surcharge An offender who is convicted or discharged of an offence under the Criminal Code, Controlled Drugs and Substances Act, or Provincial Offences Act, must pay a victim surcharge in addition to any other punishment imposed on the offender, unless the court exempts the offender from paying. Surety Bond(see Bond)Suspended Sentence(see Sentence)
Tariff--A schedule of fees to be charged for various legal services.
UncontestedA case, or a step in a case, which is not defended by the responding party.Undertaking
A promise.
A form of judicial interim release that depends on a promise made.
Undue HardshipIn family law cases, a situation where paying the required amount of child support would cause excessive financial difficulty.Unexecuted Warrant(see Warrant)Unified Family CourtTerm occasionally used to describe the Family Court branch of the Superior Court of Justice.Unjust EnrichmentA benefit obtained by one person at the expense of another, without a legal justification for it.UnlawfulIllegal.
Valuation DateIn family law cases, the date at which a married spouse's property is valued, for the purpose of calculating net family property.VariationA change to a court order or other legal document, made on the authority of a court.VaryTo change.VerdictA judge or jury's decision in a trial.Vexatious LitigantSomeone who persistently, and without reasonable grounds, brings proceedings in any court, or conducts a proceeding in a troubling manner. Once declared a vexatious litigant by a court, that person cannot start or continue any civil legal proceeding without the court's agreement.Vicarious Liability(see Liability)Victim Impact StatementA written statement prepared by victim(s) describing the impact of the offence on their life.Victim Surcharge(see Surcharge)Victim/Witness Assistance Program (VWAP)Program that provides information, assistance and support to victims and witnesses of crime in order to increase their understanding of, and participation in, the criminal court process.Viva Voce Evidence(see Evidence)Voir DireA trial within a trial. A procedure to determine the admissibility of certain evidence in advance of the evidence being admitted.
Waive-To abandon a right or to refrain from insisting on a right or a formality.
Young Offenders Act (YOA)Federal statute that was replaced by the Youth Criminal Justice Act in 2003.Young PersonUnder the Youth Criminal Justice Act, a person between the ages 12 and 17 inclusive.Youth Court (Youth Justice Court)Specially designated courts that hear Youth Criminal Justice Act cases.Youth Criminal Justice Act (YCJA)Federal statute that sets out the procedures for criminal charges and sentences against persons under 18.Youth Custody FacilitySpecially designated places under the Youth Criminal Justice Act for young persons to be held in custody.
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