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Abatement: A reduction in some amount that is owed, usually granted by the person to whom the debt is owed. For example, a landlord might grant an abatement in rent. In estate law, the word may refer more specifically to a situation where property identified in a will cannot be given to the beneficiary because it had to be sold to pay off the deceased debts. Debts are paid before gifts made in wills are distributed and where a specific gift has to be sold to pay off a debt, it is said to "abate" (compare with "ademption").

Abduction: To take someone away from a place without that person's consent or by fraud.  

Abet: The act of encouraging or inciting another to do a certain thing, such as a crime. For example, many countries will equally punish a person who aids or abets another to commit a crime. See: Aid and Abet.

Absent Parent: Any individual that is absent from the home and is legally responsible for providing financial support for a dependent child.

Absentia:  Absent; proceedings without the defendant present.

Abstract of Title:  A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.

Acceleration Clause: A clause in a contract that states that if a payment is missed, or some other default occurs (such as the debtor becoming insolvent), then the contract is fully due immediately. This is a typical clause in a loan contract; miss one payment and the agreement to pay at regular intervals is voided and the entire amount becomes due and payable immediately.

Acceptance: Act of voluntarily receiving something or of a voluntary agreement to certain terms or conditions; implies the right to reject.

Accomplice:  1. A partner in a crime. 2. A person who knowingly and voluntarily participates with another in a criminal activity.

Accretion: The imperceptible and gradual addition to land by the slow action of water. Heavy rain, river or ocean action would have this effect by either washing up sand or soil or by a permanent retreat of the high water mark. The washing up of soil is often called avulsion although the latter term is but a variety of accretion.

Acknowledgment: 1. A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. 

Acquiescence: Action or inaction which binds a person legally even though it was not intended as such. For example, action which is not intended as a direct acceptance of a contract will nevertheless stand as such as it implies recognition of the terms of the contract. For example, if I display a basket of fruit in a marketplace and you come by, inspect an apple and then bite into it, you have acquiesced to the contract of sale of that apple. Acquiescence also refers to allowing too much time to pass since you had knowledge of an event which may have allowed you to have legal recourse against another, implying that you waive your rights to that legal recourse.

Acquit, Acquittal:  A finding of not guilty by a judge or jury.

Act: A bill which has passed through the various legislative steps required for it and which has become law, as in "an Act of the Commonwealth of Australia." Synonymous to statute, legislation or law.

Action:  Case, cause, suit, or controversy disputed or contested before a court of justice.

Ad Damnum: Latin: refers to the parts or sections of a petition that speaks to the damages that were suffered and claimed by the plaintiff. The ad damnum part of a petition will usually suggest an amount in dollars that the plaintiff asks the court to award.

Ad Hoc: Latin: for this purpose; for a specific purpose. An ad hoc committee, for example, s created with a unique and specific purpose or task and once it has studied and reports on the matter, it stands disbanded (compare with standing committee).

Ad Infinitum: Latin: forever; without limit; indefinitely.

Ad Litem:  A Latin term meaning for the purpose of the lawsuit; ie: a guardian "ad litem" is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.

Addendum: An attachment to a written document. For example, affidavits may be addendums to a petition as a petition may be an addendum to a writ.

Additur:  An increase by a judge in the amount of damages awarded by a jury.

Ademption: When property identified in a will cannot be given to the beneficiary because it no longer belonged to the deceased at the time of death. For example, the particular gift may have been destroyed, sold or given away between the time of the will and the time of death. Compare this with "abatement". 

Adjudication:  Judgment rendered by the court after a determination of the issues.

Administrator: A person who administers the estate of a person deceased. The administrator is appointed by a court and is the person who would then have power to deal with the debts and assets of a person who die intestate. Female administrators are called "administratrix." An administrator is a personal representative.

Admissible Evidence:  Evidence that can be legally and properly introduced in a civil or criminal trial.

Adversary Proceeding:  A proceeding involving a real controversy contested by two opposing parties.

Adverse Possession: The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner. The more common word for this is "squatters." Each state has its own period of time after which a squatter can acquire legal title. Some states prohibit title by mere prescription or possession.  

Affidavit: A statement which before being signed, the person signing takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, to the effect that the person signing the affidavit was under oath when doing so. These documents carry great weight in Courts to the extent that judges frequently accept an affidavit instead of the testimony of the witness.

Affidavit of Defense:  A plea in absentia in infraction and misdemeanor cases.

Affidavit of Insolvency:  A detailed form signed by the defendant, under oath, attesting to his/her indigency (inability to pay for private legal counsel)

Affirmative defense: Without denying the charge, the defendant raises circumstances such as insanity, self-defense or entrapment to avoid civil or criminal responsibility.

Agent: A person who has received the power to act on behalf of another, binding that other person as if he or she were themselves making the decisions. The person who is being represented by the agent is referred to as the "principal".

Aid and Abet:  To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime.

Alimony: An amount given to one spouse to another while they are separated. Historically, the word "alimony" referred to monies paid while spouses were legally separated but stilled wed locked. Where they were divorced, the monies payable were then referred to as "maintenance" but this distinction in now in disuse.

Allegation:  A statement of the issues in a written document (a pleading) which a person is prepared to prove in court; ie:  an indictment contains allegations of crimes against the defendant. 

Allodial: A kind of land ownership that is unfettered, outright and absolute. It is the opposite of the feudal system and supposes no obligation to another (ie. a lord).

Alternative Dispute Resolution: Also known as "ADR"; methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usually through one of two forms: mediation or arbitration. It typically involves a process much less formal than the traditional court process and includes the appointment of a third-party to preside over a hearing between the parties. The advantages of ADR are speed and money: it costs less and is quicker than court litigation. ADR forums are also private. The disadvantage is that it often involves compromise.

Amend: To change, to revise, usually to the wording of a written document such as legislation.

Amicus Curiae: Latin: friend of the court. Refers more specifically to persons asking for permission to intervene in a case in which they are neither plaintiff or defendant, usually to present their point of view (or that of their organization) in a case which has the potential of setting a legal precedent in their area of activity. This is common, for example, in civil rights cases and, in some instances, can only be done with the permission of the parties or the court.     

Annulment: To make void; to cancel an event or judicial proceeding both retroactively and for the future. Where, for example, a marriage is annulled, it is struck from all records and stands as having never transpired in law. This differs from a divorce which merely cancels a valid marriage only from the date of the divorce. A marriage annulled stands, in law, as if never performed.

Antedate: To date back; retroactively. To date a document to a time before it was written.

Antenuptial: An event or document which pre-dates a marriage. For example, an "antenuptial agreement" is one which is signed before marriage. A antenuptial gift is a gift given by one spouse to the other before marriage.    

Appeal: Legal process used to ask a higher court to review a decision made in a legal matter from the trial court. Legal process used to ask a higher court to review a decision made in a legal matter from the trial court. Legal process used to ask a higher court to review a decision made in a legal matter from the trial court.

Appellant: The party appealing to an appellate court from a decision of a trial court.

Appellate Court: A higher court than a trial court, usually consisting of three or more judges, having jurisdiction to hear and decide appeals from trial courts, and to reverse, affirm or modify their decisions.

Arbitration: A alternative dispute resolution method by which an independent, neutral third person ("arbitrator") is appointed to hear and consider the merits of the dispute and renders a final and binding decision called an award. The process is similar to the litigation process as it involves adjudication, except that the parties choose their arbitrator and the manner in which the arbitration will proceed. The decision of the arbitrator is known as an "award." Compare with mediation.

Arraignment:  Appearance of the defendant in court to enter his/her plea to the charges.

Arrearages (Arrears): Unpaid child support/spousal maintenance payments owed by a person who is obligated to pay support.

Assault: The touching of another person with an intent to harm, without that person's consent.

Assessed Value: The value of something, the value of property upon which a tax rate will be imposed.

Assign: To give, to transfer responsibility, to another. The assignee (sometimes also called "assigns") is the person who receives the right or property being given and the assignor is the person giving.

Attorney-at-Law:  An advocate, counsel, or official agent employed in preparing, managing, and trying cases in court.

Attorney-in-Fact:  A private person (who is not necessarily a lawyer) authorized by another to act in his/her place, either for some particular purpose, as to do a specified act, or for the transaction of business in general, not of legal character.  This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly a power of attorney.

Attorney of Record:  The attorney retained or assigned to represent a client.

Autrefois Acquit: French word now part of English criminal law terminology. Refers to an accused who cannot be tried for a crime because the records shows he has already been subjected to trial for the same conduct and was acquitted. If the accused maintains that the previous trial resulted in conviction, he or she pleads "autrefois convict." "Autrefois attaint" is another similar term; "attainted" for a felony, a person cannot be tried again for the same offence.

A Vinculo Matrimoni: Latin: of marriage. The term is now used to refer to a final and permanent divorce.

Avulsion: Land accretion that occurs by the erosion or addition of one's land by the sudden and unexpected change in a river stream such as a flash flood.

Avunculus: Latin: a mother's brother. "Avuncular" refers to an uncle.

Bad Faith: Intent to deceive. A person who intentionally tries to deceive or mislead another in order to gain some advantage.

Bail:  Cash or surety posted to procure the release of a defendant by insuring his/her future attendance court, and compelling him/her to remain in the jurisdiction of the court.

Bail Bond: An obligation signed by the accused to secure his/her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as bond.  

Bailiff:  A court attendant who keeps order in the courtroom and has custody of the jury.

Bankruptcy: The formal condition of an insolvent person being declare bankrupt under law. The legal effect is to divert most of the debtor's assets and debts to the administration of a third person, sometimes called a "trustee in bankruptcy", from which outstanding debts are paid pro rata. Bankruptcy forces the debtor into a statutory period during which his or her commercial and financial affairs are administered under the strict supervision of the trustee. Bankruptcy usually involves the removal of several special legal rights such as the right to sit on a board of directors or, for some professions that form part of the justice systems, to practice, such as lawyers or judges. 

Bar:  A term that means the whole body of lawyers.

Battery:  A beating, or wrongful physical violence.  The actual threat to use force is an assault; the use of it is a battery, which usually includes an assault.

Bench:  The seat occupied by a judge. More broadly, the court itself.

Bench Trial:  Trial without a jury in which the judge decides the facts.

Bench Warrant:  Warrant of arrest ordered and signed by a judge.

Beneficiary:  Someone named to receive property or benefits in a will.  In a trust, a person who is to receive benefits from the trust.

Bequeath:  To give a gift to someone through a will.

Beyond a Reasonable Doubt:  The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution.

Bona Vacantia:  Property that belongs to no person, and which may be claimed by a finder. In some states, the government becomes owner of all bona vacantia property. 

Bond (Supersedeas):  The bond set by the court during the appeal procedure and posted with the Clerk of  Court.

Bond (Surety):  A certificate posted by a bonding company to the sheriff for release of the defendant.

Bond amounts: Cash or surety to be posted for release on bail.

Booking:  The process of photographing, fingerprinting and recording identifying data of a suspect.  This process follows arrest. 

Breach of Contract: The failure to do what one promised to do under a contract. Proving a breach of contract is a prerequisite of any suit for damages based on the contract.

Breach of Trust: Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement or the law of trusts. A prime example is the redirecting of trust property from the trust to the trustee, personally.

Brief:  A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law.

Burden of Proof: A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. For example, in criminal trials, the prosecution has the burden of proving the accused guilt because innocence is presumed.

Capital Crime:  A crime punishable by death.

Capital Punishment: The most severe of all sentences: that of death. Also known as the death penalty, capital punishment has been banned in many countries. In the United States, an earlier move to eliminate capital punishment has now been reversed and more states are restoring to capital punishment for serious offenses such as murder.             

Caption: The heading of the pleading, or other court papers showing the name of the court paper, showing the name of the court, the names of the parties, and sometimes the number of the case.

Case Law: Law established by previous decisions of appellate courts, particularly the Supreme Court.

Cause:  A lawsuit, litigation or action.  Any question, civil or criminal litigated or contested before a court of justice.

Caveat: In general, a notice or warning emphasizing caution filed in a case.

Ceteris Paribus: Latin: all things being equal or unchanged.

Certified Copy: A copy of a document or record, signed and certified as a true copy by an authorized person.

Challenge:  Term used in a jury trial when attempting to exclude a potential juror.

Challenge for Cause:  Objection to the seating of a particular juror for a stated reason.  The judge has the discretion to deny the challenge.

Chambers:  A judge's private office.  A hearing in chambers takes place in the judge's office outside the presence of the jury and the public.

Champerty: When a person agrees to finance someone else's lawsuit in exchange for a portion of the judicial award.

Change of Venue: Moving a lawsuit or criminal trial to another place for trial.

Charge to the Jury:  The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Charges (multiple):  A case with more than one count or offense listed on the court file.

Chattel: Moveable items of property which are neither land nor permanently attached to land or a building, either directly or vicariously through attachment to real property. A piano is chattel but an apartment building, a tree or a concrete building foundation are not. The opposite of chattel is real property which includes lands or buildings. All property which is not real property is said to be chattel. "Personal property" or "personalty" are other words sometimes used to describe the concept of chattel. The word "chattel" came from the feudal era when "cattle" was the most valuable property besides land.

Chattel Mortgage: When an interest is given on moveable property other than real property (in which case it is usually a "mortgage"), in writing, to guarantee the payment of a debt or the execution of some action. It automatically becomes void when the debt is paid or the action is executed.   

Child Support: The legal obligation of a parent to pay money toward the care and maintenance of his/her child(ren).

Child Support Guidelines: A formula to determine the child support amount based upon gross income of both parents. This formula uses a child support worksheet which must be submitted to the court. A formula to determine the child support amount based upon gross income of both parents. This formula uses a child support worksheet which must be submitted to the court. A formula to determine the child support amount based upon gross income of both parents. This formula uses a child support worksheet which must be submitted to the court.

Circuit: Judicial divisions of a state or the United States; originally so called because judges traveled from place to place within the circuit, holding court in various locations.

Circumstantial Evidence: Evidence which may allow a judge or jury to deduce a certain fact from other facts which have been proven. In some cases, there can be some evidence that can not be proven directly, such as with an eye-witness. And yet that evidence may be essential to prove a case. In these cases, the lawyer will provide the judge or juror with evidence of the circumstances from which a juror or judge can logically deduct, or reasonably infer, the fact that cannot be proven directly; it is proven by the evidence of the circumstances; hence, "circumstantial" evidence. Fingerprint are an example of circumstantial evidence: while there may be no witness to a person's presence in a certain place, or contact with a certain object, the scientific evidence of someone's fingerprints is persuasive proof of a person's presence or contact with an object.

Citation: An order of a court to either do a certain thing or to appear before it to answer charges. The citation is typically used for lesser offences (such as traffic violations) because it relies on the good faith of the defendant to appear as requested, as opposed to an arrest or bail. The penalty for failing to obey a citation is often a warrant for the arrest of the defendant.   

Civil: The branch of law that pertains to suits outside of criminal practice, pertaining to the rights and duties of persons in contract, tort, etc.; also refers to civil law as opposed to common law.

Civil Law: Law inspired by old Roman law, the primary feature of which was that laws were written into a collection; codified, and not determined, as is common law, by judges. The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow.

Class Action: When different persons combine their lawsuits because the facts and the defendant are so similar. This is designed to save Court time and to allow one judge to hear all the cases at the same time and to make one decision binding on all parties. Class action lawsuits would typically occur after a plane or train accident where all the victims would sue the transportation company together in a class action suit.   

Classification: Homestead, non-profit, agriculture, etc., see also exemptions.

Clerk: In charge of recording court proceedings and keeping the court records.

Codicil: An amendment to an existing will. Does not mean that the will is totally changed; just to the extent of the codicil.

Collateral: Property which has been committed to guarantee a loan.

Collateral Descendant: A descendant that is not direct, such as a niece or a cousin.

Collusion: A secret agreement between two or more persons, who seem to have conflicting interests, to abuse the law or the legal system, deceive a court or to defraud a third party. For example, if the partners in a marriage agree to lie about the duration of their separation in order to secure a divorce.

Commit:  To send a person to prison, asylum, or reformatory by a court order.

Common Law: Judge-made law. Law which exists and applies to a group on the basis of historical legal precedents developed over hundreds of years. Because it is not written by elected politicians but, rather, by judges, it is also referred to as "unwritten" law. Judges seek these principles out when trying a case and apply the precedents to the facts to come up with a judgment. Common law is often contrasted with civil law systems which require all laws to be written in a code or written collection. Common law has been referred to as the "common sense of the community, crystallized and formulated by our ancestors". Equity law developed after the common law to offset the rigid interpretations medieval English judges were giving the common law.

Companion Cases or Codefendants:  More than one person arrested on the same criminal incident.

Complainant: Also called the plaintiff. The party who complains or sues; one who applies to the court for legal redress. Also called the plaintiff.

Complaint: The first pleading in a civil case filed by the plaintiff. It alleges the material facts and legal theories to support the plaintiff's claim against the defendant.

Concurrent Sentences:  Sentences for more than one crime that are to be served at the same time, rather than one after the other.

Condemnation: The legal process by which the government takes private land for a public use, paying the owners a fair price as determined by the court.

Condition Precedent: A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place. Many residential real estate contracts have a condition precedent which states that the contract is not binding until and unless the property is subjected to an professional inspection, the results of which are satisfactory to the purchaser. Compare with "condition subsequent".

Condition Subsequent: A condition in a contract that causes the contract to become invalid if a certain event occurs. This is different from a condition precedent. The happening of a condition subsequent may invalidate a contract which is, until that moment, fully valid and binding. In the case of a condition precedent, no binding contract exists until the condition occurs.

Condonation: Divorces can be obtained by showing a fault of the other spouse, such as adultery or cruelty. But a court will refuse to grant a divorce based on these grounds if there has been "condonation", which is the obvious or implied forgiveness of the fault.

Conflict Attorney:  One of a pool or attorneys appointed on rotation when a codefendant has the Public Defender.

Consign: To leave an item of property in the custody of another. A item can be consigned to a transportation company. The consignee is the person to receive the property and the consignor is the person who ships the property to the consignee.

Conspiracy: An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators.

Contempt of Court: An act of defiance of court authority or dignity. Contempt of court can be direct (swearing at a judge or violence against a court officer) or constructive (disobeying a court order). The punishment for contempt is a fine or a brief stay in jail (i.e. overnight).

Contingency Fee: A method of payment of legal fees represented by a percentage of an award. Lawyers get paid in one of two ways: either you pay a straight hourly rate as you might pay a plumber (eg. $400 an hour) or the lawyer might "gamble" (i.e. "contingency" fee) and agree to only get paid if the claim is successful and by taking a portion (eg. one-third) of any award that comes after the filing of the claim.        

Continuance:  Deferring in a trial or hearing to a later date.

Contract:  An  agreement between persons which obliges each party to do or not to do a certain thing. Technically, a valid contract requires an offer and an acceptance of that offer, and, in common law countries, consideration.  

Conveyance: A written document which transfers property from one person to another. In real-estate law, the conveyance usually refers to the actual document which transfers ownership, between persons living (i.e. other than by will), or which charges the land with another's interest, such as a mortgage.

Copyright: The exclusive right to produce or reproduce (copy), to perform in public or to publish an original literary or artistic work. Many countries have expanded the definition of a "literary work" to include computer programs or other electronically stored information.

Corpus Delicti:  Body of the crime.  The objective proof that a crime has been committed.

Counterclaim:  A claim made by the defendant in a civil lawsuit against the plaintiff.  In essence, a counter lawsuit within a lawsuit.

Court of Appeals:     See Appellate Court

Court Costs:  The expenses of prosecuting or defending a lawsuit, other than the attorneys' fees.

Court Recorder:  A deputy clerk who maintains the verbatim record of court proceedings on tape.

Covenant: A written document in which signatories either commit themselves to do a certain thing, to not do a certain thing or in which they agree on a certain set of facts. They are very common in real property dealings and are used to restrict land use such as amongst shopping mall tenants or for the purpose of preserving heritage property.

Creditor: A person to whom money, goods or services are owed by the debtor.

Criminal Law: That body of the law that deals conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government.   

Cross Claim:  A claim by codefendants or co-plaintiffs against each other and not against persons on the opposite side of the lawsuit.

Cross Examination:  The questioning of a witness produced by the other side.

Cumulative Sentences: Sentences for two or more crimes to run consecutively, rather than concurrently.

Custody:  Means the charge and control of a child including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody, without qualification usually refers to a combination of physical custody and legal custody.

Custody Order: An order entered by the court which states which parent the child(ren) will live with.
a) Joint Custody - Both parents share important decisions about their child(ren).
b) Sole Custody - One parent is responsible for important decisions regarding  the child(ren) living with  them.
c) Custodial Parent - Person with legal custody and with whom the child lives.
d) Non-Custodial Parent - Parent who does not have primary custody of a child but  who is responsible for financial support.
e) Primary Residential Parent - In a joint custody agreements a term which indicates the parent with whom the child(ren) reside the majority of the time.

Damages: Money awarded by a court to a person injured by the unlawful act or negligence of another person.

Debtor: A person who owes money, goods or services to another, the latter being referred to as the creditor.

Declaratory Judgment:  A judgment of the court that explains what the existing law is or expresses the opinion of the court without the need for enforcement.

Decree: Final order ending a marriage signed by the judge/commissioner and filed with the Clerk of the Court.

Deed: A written and signed document which sets out the things that have to be done or recognitions of the parties towards a certain object. Under older common law, a deed had to be sealed; that is, accompanied not only by a signature but with an impression on wax onto the document. The word deed is also most commonly used in the context of real estate because these transactions must usually be signed and in writing.

De facto: Latin: as a matter of fact; something which, while not necessarily lawful or legally sanctified, exists in fact.    

Defamation:  That which tends to injure a person's reputation.  Libel is published defamation, whereas slander is spoken.

Default:  A failure to respond to a lawsuit within the specified time.

Defendant:  In a civil case, the person being sued.  In a criminal case, the person accused of the crime.

Deferred Fees: Court fees, which must be paid at a later date.

Demand letter: A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is in default.

Demurrer: This is a motion put to a trial judge after the plaintiff has completed his or her case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defense, asks the court to reject the petition right then and there because of a lack of basis in law or insufficiency of the evidence.

Deposition: The official statement by a witness taken in writing (as opposed to testimony which where a witness give their perception of the facts verbally). Affidavits are the most common kind of depositions.

Descendant: Those person who are born of, or from children of, another are called that person's descendants. Grandchildren are descendants of their grandfather as children are descendants of their natural parents. The law also distinguishes between collateral descendants and lineal descendants.

Devise: The transfer or conveyance of real property by will. 

Disposition: The sentencing or other final settlement of a case.

Dissolution: The act of ending, terminating or winding-up a company or state of affairs.

Distraint: The right of a landlord to seize the property of a tenant which is in the premises being rented, as collateral against a tenant that has not paid the rent or has otherwise defaulted on the lease, such as wanton disrepair or destruction of the premises.

Divorce: The final, legal ending of a marriage, by Court order.

Docket: An official court record book which lists all the cases before the court and which may also note the status or action required for each case.

Docket Sounding:  The proceeding in which a judge assigns trial dates or takes pleas.

Domicile: The permanent residence of a person; a place to which, even if he or she were temporary absence, they intend to return. In law, it is said that a person may have many residences but only one domicile.

Double Jeopardy:  Putting a person on trial more than once for the same crime.  This is  forbidden by the Fifth Amendment of the U.S. Constitution.

Due process: A term of US law which refers to fundamental procedural legal safeguards of which every citizen has an absolute right when a state or court purports to take a decision that could affect any right of that citizen. 

Due Process of Law:  The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notices, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses.

Duplex: A house which has separate but complete facilities to accommodate two families as either adjacent units or one on top of the other.

Duress: Where a person is prevented from acting (or not acting) according to their free will, by threats or force of another, it is said to be "under duress".

Easement: A right of passage over a neighbor's land or waterway.

Emancipation: Term used to describe the act of freeing a person who was under the legal authority of another (such as a child before the age of majority) from that control (such as child reaching the age of majority).

Embezzle: The illegal transfer of money or property that, although possessed legally by the embezzler, is diverted to the embezzler personally by his or her fraudulent action. 

Eminent Domain:  The power of the government to take private property for public use through condemnation.

En Banc:  All the judges of a court sitting together.  Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges.  If a case is heard or reheard by the full court, it is heard en banc.

Enjoining:  An order by the court telling a person to stop performing a specific act.

Emphyteusis: Civil law: a long-term (many years or in perpetuity) rental of land or buildings including the exclusive enjoyment of all product of that land and the exercise of all property rights typically reserved for the property owner such as mortgaging the property for the term of the emphyteusis or permitting a right of way.

Endowment: The transfer of money or property (usually as a gift) to a public organization for a specific purpose, such as medical research or scholarship.  

Entrapment:  The inducement, by law enforcement officers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially-provoked crime.

Escheat:  The process by which a deceased person's property goes to the state if no heir can be found.

Escrow:  Money or a written instrument such as a deed that, by agreement between two parties is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

Estate: Interest, right, or ownership in land; technically, the degree, quantity, nature, and extent of a person's interest or ownership of land.

Estate law: A term used by the law to describe that part of the law which regulates wills, probate and other subjects related to the distribution of a deceased person's "estate".

Estoppel:  A rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A cannot later, to his (or her) benefit, deny those facts or say that his (or her) earlier act was improper. 

Estreature:  Civil aspect of a bond forfeiture.

Et al:  All others.

Euthanasia: The putting to death, by painless method, of a terminally-ill or severely debilitated person through the omission (intentionally withholding a life-saving medical procedure,  also known as "passive euthanasia") or commission of and act ("active euthanasia").

Evidence: Proof of fact(s) presented at a trial. 

Execute:  To complete the legal requirements (such as signing before witnesses) that make a will valid.  Also, to execute a judgment or decree means to put the final judgment of the court into effect.

Executor:  A personal representative, named in a will, who administers an estate.

Exemptions: Not subject to tax.

Exculpate: Something that excuses or justifies a wrong action.

Executor: A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.

Exhibit: A document or object shown to the court as evidence in a trial.

Ex Parte:  On behalf of only one party, without notice to any other party; i.e.; a request for a search warrant is an ex parte proceeding, since the person being searched is not notified of the proceeding and is not present at the hearing.

Ex Parte Proceeding:  The legal procedure in which only one side is represented.

Ex Post Facto:  After the fact.  The Constitution prohibits the enactment of ex post facto laws.  These are laws that permit conviction and punishment for a lawful act performed before the law was changed and the act made illegal. 

Exhibit: An article of tangible evidence introduced at a trial. Photographs, letters, and other documents are common examples. Others are murder weapons, samples of earth or chemicals, parts of automobiles or machinery or other material that is of assistance on proving a relevant fact.

Exonerate:  Removal of a charge, responsibility or duty.

Expunge: To physically erase; to white or strike out. To "expunge" something from a court record means to remove every reference to it from the court file. 

Expungement of Records: A procedure whereby a court orders the annulment and destruction of records of an arrest or other court proceedings.

Fee simple: The most extensive tenure allowed under the feudal system allowing the tenant to sell or convey by will or be transfer to a heir if the owner dies intestate. In modern law, almost all land is held in fee simple and this is a close as one can get to absolute ownership in common law. 

Fees:  Monies the court is required to collect. The fees are set by the Arizona State Legislature. Fees may be waived or deferred if the party is eligible.: Monies the court is required to collect. The fees are set by the Arizona State Legislature. Fees may be waived or deferred if the party is eligible.: Monies the court is required to collect. The fees are set by the Arizona State Legislature. Fees may be waived or deferred if the party is eligible.

Felony: A serious crime for which the punishment is prison for more than a year or death.

Fiduciary:  A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other's benefit:  i.e., a guardian, trustee or executor.

Fieri facias: A writ of fieri facias commands a sheriff to take and sell enough property from the person who lost the law suit, to pay the debt owed by the judgment.

File:  To place a paper in the official custody of the clerk of court to enter in to the files or records of a case.

First Appearance: The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his/her arrest.

Force majeure: French for an act of God; an inevitable, unpredictable act of nature, not dependent on an act of man. Used in insurance contracts to refer to acts of nature such as earthquakes or lightning.

Fraud:  Intentional deception to deprive another person of property or to injure that person in some way.

Freehold: A special right granting the full use of real estate for an indeterminate time. It differs from leasehold, which allows possession for a limited time. There are varieties of freehold such as fee simple and fee tail.

Furiosi nulla voluntas est: A Latin expression that mentally impaired persons cannot validly sign a will.

Garnishee: A person who receives notice to retain custody of assets in his control that are owed to or belong to another person until he receives further notice from the court; the garnishee merely holds the assets until legal proceedings determine who is entitled to the property. 

Garnishment: Process in which money or goods in the hands of a third person which are due a defendant, are attached by the plaintiff; e.g., property controlled by a third person which is owed to or belongs to a debtor is used to repay a debt of the debtor.

General counsel: The senior lawyer of a corporation.

Gift over: A device used in wills and trusts to provide for the gift of property to a second recipient if a certain event occurs, such as the death of the first recipient.

Grand Jury:  A jury of inquiry of not more than 18 and not less than 15 persons, with at least 12 concurring before and indictment may be returned.

Gross negligence: (Culpa lata Latin) Any action or an omission in reckless disregard of the consequences to the safety or property of another.

Guarantor: A person who pledges collateral for the contract of another, but separately, as part of an independently contract with the obligee of the original contract. Compare with surety.  

Guardian:  Legal right given to a person to be responsible for the food, housing, health care and other necessities of a person deemed incapable of providing these necessities for himself/herself.

Guardian ad litem: A guardian appointed to assist an infant or other mentally incapable defendant or plaintiff, or any such incapacitated person that may be a party in a legal action.

Habeas Corpus:  A writ used as a means to bring a person before the court to determine whether he/she is being detained unlawfully.

Hearsay:  Statements by a witness who did not see or hear the incident in question but heard about it from someone else.  Hearsay is usually not admissible as evidence in court.

Harassment: Unsolicited words or conduct which tend to annoy, alarm or abuse another person. 

Hostile Witness:  A witness whose testimony is not favorable to the party who calls him/her as a witness.  A hostile witness may be asked leading questions and may be cross examined by the party who call him/her to the stand.

Immunity:  Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.

Impeachment of a Witness:  An attack on the credibility (believability) of a witness, through evidence introduced for that purpose.

Inadmissible:  That which, under the rules of evidence, cannot be admitted or received as evidence.

In Camera:  In chambers, or in private.  A hearing in camera takes place in the judge's office (chambers) outside of the presence of the jury and the public.

In Forma Pauperis:  In the manner of a pauper.  Permission given to a person to sue without payment of court fees on claim of indigence or poverty.

In-custody arraignments:  Arrests and filed cases going to court in which there has not been a release on bond or by other means. (In jail cases).

Indictment:  A formal charging document issued by a grand jury to the court, that the named person committed a specific offense.

Infraction:  A violation of law not punishable by imprisonment.  Minor traffic offenses generally are considered infractions.

Indigent:  Needy or impoverished.  A defendant who can demonstrate his/her indigence to the court may be assigned a court-appointed attorney at public expense.

Injunction: A judicial remedy awarded for the purpose of requiring a party to refrain from doing or continuing to do a particular act or activity.

Inter Vivos Gift:  A gift made during the giver's life.

Inter Vivos Trust:  Another name for living trust.

Intestate:  Dying without having a will.

Irrevocable Trust:  A trust that, once set up, the grantor may not revoke.

Judgment: A decision by a court which establishes the rights of the parties in an action or proceeding.

Judgment Debtor: A person owing a debt, and against whom legal judgment for that debt has been entered.  The effect of becoming a judgment debtor is that property in the debtor's possession may be subject to creditors' claims.

Jurat:  Certificate of officer or person whom writing was sworn before. In common term is employed to designate certificate of competent administering office that writing was sworn to by person who signed it.

Jurisdiction: The power to hear and determine a case.

Jury:  Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.

Jury Polled:  Each individual juror is asked to affirm his or her verdict in open court at the conclusion of a trial.

Knowingly and Willfully:  In reference to a statute, means consciously and intentionally.

Larceny: Obtaining property by fraud or deceit. 

Legal Separation: A court order establishing the terms of: custody, support, etc. under which a married couple will live separately.

Lesser included offense: Any lesser offense included in the statute under the original charge.

Liable: Legally responsible.

Libel: Published words or pictures that falsely and maliciously defame a person. Libel is published defamation; slander is spoken.

Lien: a charge, hold, claim, or incumbrance upon the property of another as security for some debt or charge, not a title to property but rather a charge upon it; the term connotes the right which the law gives to have a debt satisfied out of the property.

Limine: A motion requesting that the court not allow certain evidence that might prejudice the jury. 

Lis Pendens: A pending suit. Jurisdiction, power, or control which courts acquire over property in a suit pending action and until final judgment. Notice of Lis Pendens: A notice filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and that they are in danger of being bound by an adverse judgment. The notice is for the purpose of preserving rights pending litigation.

Litigant: A party to a lawsuit. Litigation refers to a case, controversy, or lawsuit.

Living Trust: A trust set up and in effect during the lifetime of the grantor. Also called inter vivos trust.

Magistrate: Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.

Malfeasance: Evil doing, ill conduct; the commission of some act which is positively prohibited by law.

Mandamus: A writ issued by a court ordering a public official to perform an act.

Mandate: The official decree by a court of appeal.

Manslaughter: The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm.)

Mediation: A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

Mens Rea: The "guilty mind" necessary to establish criminal responsibility.            

Minor Children: Children who are under the age of 18.

Minute Entry: An official record of what takes place in court made available to the parties.

Miranda warning: Requirement that police tell a suspect in their custody of his/her constitutional rights before they question him/her. So named as a result of the Miranda v. Arizona ruling by the U.S. Supreme Court.

Misdemeanor: A class of criminal offenses consisting of those offenses less serious than felonies and which are sanctioned by less severe penalties.  It is generally distinguished from a felony by the duration or place of imprisonment and the severity of the possible or actual punishment.

Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Mitigating Circumstances: Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Moot: A moot case or a moot point in one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.    

Motion: A formal written request to the Court asking that a specific action be taken.

Negligence: Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.

No-Contest Clause: Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

No-Fault Proceedings: A civil case in which parties may resolve their dispute without a formal finding of error or fault.

No probable cause: Insufficient grounds to hold the person who was arrested.

Nolle prosequi: The State Attorney declines to prosecute but may still initiate prosecution within one year.