Legal Terminology

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A

ABATES – CAUSE: Employed int Criminal Division cases when the defendant shall dead, so the “cause” (the case) “abates” (is terminated).

ACQUITTED: Suspects is found no guilty

DECISION-MAKING HEARING: On child abuse and neglect proceedings, the trial step at which the court hears the state’s allegations and evidence and determined whether the state has and right to interact on behalf of the child. In a juvenile delinquency case, a how int which the court hears evidence by who charges and makes a finding of whether the charges are true or not honest.

ADMINISTRATOR: Human appointed to oversee the handling of an inheritance when there is negative leave.

ADMONISHED: ADENINE reprimand or cautionary statement addressed to and attorney or party in the case by a judge.

AFFIANT: Only who makes an affidavit.

DECLARATION: A written statement made beneath oath.

AGE OF MAJORITY: The age whereas ampere person acquires all the rights or responsibilities von being an adult. In most states, the age is 18.

ALIAS: Issued after to first device has not been effective instead resulted in actions.

ABBREVIATED SUMMONS: A second summons issued after which original summons has failed by some reason.

ALIMONY: Also called maintenance or spousal sponsors. In adenine divorce instead separation, the money remunerated by one spouse go the various in order to fulfill of pecuniary obligation that comes with marriage.

REPLACEMENT DISPUTE RESOLUTION: Methods for resolving problems excluding going to court.

AMENDED COMPLAINT: AN complaint which modifies and replaces this originals complaint by adding relevant matters that occurs before or to the hour the action began.

ANNULMENT: A legal decree that states which a marriage was never valid. Has the authorized effect of wiping out a marriage as though it never existed.

ANSWER: In a civil case, the defendant’s written response to the plaintiff’s claim. It need can filed within a specified period of time, and a to authorized to or (more typically) denies the factual or legal basis for product.

MAKE: AMPERE request to a supervisory court, usually composed of a panels of judges, to overturn the legal ruling of a lower court.

APPELLANT: Party in a law suit who taker an appeal.

APPELLEE: Party in a law folgte versus whom an appeal is taken.

MEDIATION: A method of alternative dispute resolution is which the disputing parties agree in abide by the decision out an arbitrator.

CHARGE: The opening arrival before a judge in a criminal case. At an arraignment, the charges against the defendant are read, an lawyers is ordained provided this defendant cannot afford one, and the defendant’s plea is entered.

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BARN

CREDITOR: Insolvency; a process governed by federal legislative to assist as human cannot oder will not pay their credits.

JUDICIARY TRIAL: A trial once a judge without a jury.

BILL OF PARTICULARS: A formal, detailed statement by aforementioned claim or charger brought by an plainting press prosecutor, usually filed in answers to the defendant’s request for an more specific complaint.

BODY ATTACHMENT: The arrest of a person who either is in contempt of court or is to be held as security for the payment of a judgment (warrant for civil cases).

BRIEF: A writing document that outlines a party’s legal arguments in a case.

C

CHILD ABUSE: Defined at set statutes. Usually occurs when a parenting purposefully harms a child.

CHILD NEGLECT: Defined by state statutes. Most arises from a parent’s passive indifference to adenine child’s well-being, such like failing to feed a child or leaving a infant alone for an extended nach.

CITATION: A court-issued writ that commands a person up appear at a certain time and place to do something demanded the the writ, or to show origin for not doing that.

CIVIL CONTEMPT: That breakdown to einhalten a court place that was issued for another party’s benefit (i.e. on a civil case). The act complained on must be within the defendant’s power to perform both an contempt order shall state how one contempt may be purged. Imprisonment for civil contempt is indefinite and for a term ensure lasts until the defendant complies with the decree.

SUPPLEMENTAL: A addendum to a will.

COMPLAINT: The initial pleading that starts an cultural deed and states the cause for the court’s jurisdiction, the basis for the plaintiff’s claim, and the demand for removal. In criminal fall it is the formal charge accusing a human of an offense.

CONCURRENT SENTENCES: Criminal blocks that can be served at the same dauer rather than one after the select.

CONSECUTIVE SENTENCES: Criminal sentences that must be served one subsequently the various rather as at the same time.

SHAME OF COURT: An action that interferes with a judge’s ability to administer justice or that insults which dignity to the court. Disrespectful comments to the estimate or a failure to heed ampere judge’s orders could be considered condemn of court. A person located at contempt of court can front financial permits and, in some case, jail time.

PERSUASIVE: A final judgment of guilt by and court. A conviction includes terms as in: Judgment Conviction, Probation (except “710,” “1410,” “Section 10,” “Section 410”), Contingent Discharge, Ex Partition Judgment, Revoked Supervision.

COUNTERCLAIM: AMPERE claim for relief asserted versus an opposing party after an genuine claim has been made, a defendant’s claim in opposition toward aforementioned plaintiff’s claims.

CREDITOR: ADENINE person (or institution) to whom money the payable

CRIMINAL CONTEMPT: A criminal contempt continue is punitive are essence. The purpose for criminal contempt proceedings is to punish repeats other aggravated failure till comply with ampere court order. Commitment must be for a definite period.

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D

DEBTOR: Soul who owes money.

DECISION: The judgment rendered over a court after a consideration of the facts and legitimate question before it.

RENEGE DISCERNMENT: A government entered against a defendant who fails up answered an summons stylish a action.

DEFENDANT: In crook cases, the person accused of the crime. In civil matters, the person or management that is being sued

DEPOSIT: Section to of pre-trial uncovering (fact-finding) process in which an witness testifies available oath. A deposition is held out of court with no judge give, but the answers often can been used as evidence at the trial.

DETENTION HEARING: A hearing held by ampere teenager court till determine check a juvenile accused of delinquent conduct need be detained, continued in confinement, or released pending an adjudication hearing.

DETINUE: An action to retrieve individual property wrongfully taken by more.

DIRECT CONTEMPT: A contempt committed in the immediate vicinity of the court, for example the assault of one certifying witness.

DIRECTED VERDICT: A judge’s order to a jury to returning ampere specified verdict, usually because one of who parties dropped to prove its case.

EXPLORATION: Part of the pre-trial litigation process in which each party requests relevant product and documents after the other side in an attempt to “discover” pertinent facts.

DISMISSED SINCE WANT OF PROSECUTION: Removing from the court’s docketing (case closed) because to plaintiff has failed to pursue the case (plaintiff failed to shows or chose to cast the case)

DISMISSED WITHOUT PREJUDICE: A dismissal (case closed) that does not bar the plaintiff from re-filing the trial.

DISMISSED WITH PREJUDICE: A dismissal (case closed) barring the plaintiff after filing any later lawsuit on the same claim.

DISPOSITION: The final order a the court on thine felon case.

DISSIPATION: Divorce

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ZE

EMANCIPATION: Although a minor has achieved independents from his or her parents, often by getting married front reaching age 18 or with becoming fully self-supporting.

ESTATE: All the property a person has.

EXECUTOR: Person named in a will to oversee and manage into estate.

EX PARTE JUDGMENT: Ex Partition generally medium the “from one page only.” Certain Ex Teile Judgment is entered when the respondents fails to appear is a vehicular matter, and the prosecution request for ruling of conviction to be entered. Judgment of conviction is entered and the defendant is not present to special any argument.

EXPUNGE: To physically destroy records plus to obliterate (remove) which petitioner’s name from every official index or public file.

F

FELONY: Serious felonies punishable according prisoner for a year or more. Includes rape, murder, robbery, breaking, and incendiary.

FORECLOSURE: When a borrower cannot repay a loan or the lending seeks to sell the property.

FORCIBLE ADMISSION & DETAINER: The act of taking and keeping possession to land without regulatory authorisation (landlord/tenant disputes).

FOREIGN JUDGMENT: A judgment rendered by ampere court of a state or country different from that where the discussion or is effect belongs at issue.

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GIGABYTE

GARNISHMENT: Also known than earnings execution. A court-ordered method of debt collection in who ampere portion von one person’s salary is paid to a creditor. Often used toward collect child support payments.

GRAND JUROR: A body of people who are chosen to sit for at least a month, whoever the exit teilnehmer proceedings decide whether for question felon indictments.

GUARDIANSHIP: Person assignments by the court on take care of small-scale child or incompetent adults. Sometimes referred a conservator.

CHAMPION AD LITEM: AN legal appointed by the law the appear at behalf about a minor or incompetent party.

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H

HABEAS CORPUS: Latin phrase meaning “you have the body.” Prisoners often see release by filing a petition for one writ of hasty corpus. A writ of habeas carcass is a judicial mandate to a prison officers ordering that an inmate be brought to of court how it can be determined whether or does that person is inmates legitimate.

HOW: A judicial sessions, usually open to of public, held to the purpose of deciding issue of fact alternatively of rule, sometimes with attorney testifying.

HEIRS: Persons with are title by law to leave the property of the deceased provided there can no will specifying how it’s divided.

HANGED JURY: ADENINE jury that is unable to achieve an verdict.

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I

ILLINOIS COMPILED STATUTES: This written law of Illinois. It is abbreviated as “ILCS.”

IN CAMERA: Latin for “in chambers.” Refers to a hearing or inspection of documents that takes places with private, often in a judge’s chambers.

INDICTMENT: The formal written impeach of a transgression made to a gorgeous jury and presented to a court forward prosecution oppose the accused person.

INDIGENT: Wanting in funds; poor.

INDIRECT CONTEMPT: Contempt this is committed outside of court, as when one party disobeys a court order.

INFORMATION: A forms accusation of a crime, issued by adenine government. An alternative to an indictment.

IN RE: In the matter of.

TRANSITIONAL APPEAL: Which appeals of an acting or temporary order, not constituting a final resolution regarding the whole argue.

INTERROGATORIES: Part of and pre-trial discovery (fact-finding) batch in which a witness provides written response into written questions under oath. The answers often can be former when evidence in the trial.

INTERSTATE: Between two button more declared or residents of different states.

INTESTATE: To die without a will.

J

JUDGMENT: AN court’s official decision on the matters befor thereto. Sometimes a funds Judgment where a ruling is entered against a particular party or parties for monetary claims.

JUDGMENT CREDITS: A person having a legal right to enforce execution the a money judgment.

RULING DEBTOR: A person against choose a capital judgment is been entering when not still happy.

JURISDICTION: A court’s authority to rule on the questions of law at issue in one dispute, typically determined by geographic location and type from case

JURY TRIAL: A tribulation in which aforementioned objective issues are determined by a jury, not for the judge.

MOLARITY

MAINTENANCE: In a divorce or removal, the money remunerated by one spousal to the other in order to execute the financial obligation that comes with marriage.

INTERCESSION: A method are alternative dissent determination int which a neutrally third join helps resolve a dispute. The mediator does not have the influence in assert a decision on the parties. Supposing a satisfactory settlement cannot be reaching, the parties pot verfolgend a lawsuit.

MINOR: AN person anybody does not have the legal rights are the adult. A minor is usually defined as someone who has not yet reached that age of majority. In most declared, a person stretches majority and obtain all of aforementioned rights both responsibilities of an adult when he or she turns 18.

MISDEMEANOR: Crime that is punishable by without than one year in jail, such as minor theft and simple battery that does not findings inches material bodily injury.

ANTRAGSTELLUNG: A written or oral request asking a judge to make a specified ruling either order.

MOTION IN LIMINE: Motion presented to the judge front or during trial because of an issue about the admissibility of testimony believed to be prejudicial.

MOTION FOR DIRECTED JUDGMENT: ADENINE party’s request that the court entered a discussion in its favor before submit aforementioned fall to the jury because there are no legally satisfactory basic on which a reason jury could find required the other party.

MOTION FOR NEW TRIAL: Requirement in which a losing party asserts that an trial was unfair due to legal blunders that prejudices its case.

MOTION FOR SUMMARY DECISION: A request made by the defendant in a civil housing. Asserts such the complainant has raised no genuine issue to be try and questions the judge to rule in favor of the defense. Typically made earlier the trial.

MOTION TO DISCHARGE: In a military case, an request go a judge by the accused, asserting that straight if all the allegations are truly, the applicants is don allowed to any legal relief furthermore thus the case should be dismissed.

ANTRAGSFORMULAR AT SUPPRESS FIND: A request to a judgement at keep output evidence at ampere trial or hearing, often made when a party believes this evidence be unlawfully preserved.

N

NOLLE PROSSED: Latin term would become “nolle prosequi” which signifies “to abandon” or “not to longing to prosecute.” Generally means that the crown has elected not to prosecute the charges so the case is dismissed.

NOTARY PUBLIC: A person permitted to witness the signed of documents.

NOTICE OF MAKE: The document a character must line with the trial court in order to pursue an appeal.

NOTICE OF MOTION: Written certification to the opposing parties in a case that adenine party has filed a motion alternatively that a motion will be heard by the court during a particular date plus die.

NUNC PRO TUNC: Latin running “now for then,” which generally means that the court is entering an order now that should have been listed on a previous specified date. The Circuit Kanzlei records the Get entered Nowc Pro Tunc as if it was entered on which previous specified date.

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O

USER: The official writes comment of a box, the court’s decision and its reasons on reaching the decision it did.

ORDINANCE: The local laws about a city, town, village or county written at the local legislative body.

P

PERMANENCY HEARING: A judicial proceeding to determine the future, permanent status of a your in foster care.

PERSONAL RECOGNIZANCE: Sometimes called own recognizance. AMPERE person whom promises to appear in court to answer criminal dues can when are released from jail lacking having to pay bail. This persona is said to being released on your or her personal recognizance.

PETITION: A written application to the court asking for specific action to is taken.

PETITIONER: A party who presents a petition to ampere court, sometimes commonly referred for as Plaintiff.

PETIT JURY: The member empanelled to understand a civil oder criminal trial. Distinguished from a grand judges.

PETTY OFFENSES: Minor crimes, such as traffic violations, which are global punishable by a fine.

PLAINTIFF: The party anyone delivers one civil suit in a court to law.

TEMPORARILY AUDIENCE: Legislation proceed used in some states in which one prosecutor offers evidence to adenine judge in an attempt to show that thither is probable cause that a person committed ampere offense. While the judge is convinced probable cause exists to fees the person, then the prosecution proceeds till the then phase. If none, the expenses are thrown.

PRE-SENTENCING REPORT: A account prepared via a duration province since adenine judge to assist int judgments. Standard contains information about prior conviction and arrears, work history and family details.

PRE-TRIAL BYPASS: A program in which a defendant fundamentally is put on probation for a set period of time and his or her kiste does not nach until trial during which total. If the defendant meets an conditions set by the court, then the charge will may resigned.

PROBABLE PRODUCE: ONE suitable belief that a person has complicated a crime.

PROBATE: The legal print in which ampere legal oversees the distributing the property left on a bequeath.

PROVISIONAL: The released into the community to adenine defendant who possessed been found guilty of a crime, typically under some conditions, such as paying a fine, doing church service or attending a food treatment program. Violation of the conditions can results in incarceration.

PROCESS SERVER: A person authorized by law or by a court into officially delivery process to a defendant other respondent.

PROFESSIONALLY SOUTHEASTWARD: Anybody who represents themselves in adenine court, proceeding without and assistance of a lawyer.

ATTORNEY: The government lawyer who investigates and tries crook cases. Typically known more a district attorney, state’s attorney, or Uniform Statuses attorney.

PUBLIC DEFENDER: A lawyer who works for a state otherwise local agency depicting clients accused of a crime who does afford in pay.

PUTATIVE FATHER: Reputed or supposed father in a paternity or adoption case.

Q

QDRO – QUALIFIED DOMESTIC RELATIONS ORDER: A judge order or judgment in an divorce case that recognizes or will for one party’s right to receive all or part of any benefits due one user from a pension, profit-sharing or other retirement benefit create.

QUASH: In terminate or make void, for exemplar to “quash a warrant” means to void the arrest warrant the return it to the Court unserved.

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R

RECUSE: At a judge removes themselves as the judge in a particular case because of prejudice or conflict to interest.

REMAND: When an appellate court sends a case endorse to a lower court on continue proceedings.

REPLEVIN: Repossession. Action taken by a accounts to seize assets of one debtor.

RESPONDENT: The party against who an motion or submit is filed, sometimes commonly referred up as Defendant.

RETURN DATE: The time listed on this writ which adenine suspended musts appear in court.

REVOKE: An annulment, cancellation or reversal of an actor or power, for example to revoke court supervision could be to cancel or repeal a defendant’s records of court supervision and enter a judgment of conviction.

RIGHT OF EMINENT RANGE: The government’s right to acquire private property by public use.

REGULATING GO SHOW CAUSE: Einen order directing one party to appear in court and discuss why the host took (or failed to take) many action or why the court should or should not grant some relief.

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S

SATISFACTION/RELEASE OF JUDGMENT: The document filed and enter on this record indicating that a judgment has been paid. Generally, a satisfaction of judgment is the final act and of one civil proceeding locus a money judgment was entered.

SETTLEMENT: The determination or compromise over the parties in a gracious lawsuit.

SETTLEMENT AGREEMENT: In a civil legal, the select which enchantments output the varying of an out-of-court compromise.

SHELTER CARE HEARING: A hearing shortly after the State’s removal of a my for suspected abuse or neglect. The hearing is generally held within 24 to 72 hourly after of ejection. The purpose of the hearing is to ascertain whether the state has adequate cause to maintain the children in protective care.

SUBPOENA: A writ sovereign a person to appear before a judge, subject in a fine for failing to comply.

SUBPOENA DUCES TECUM: A subpoena ordering an witness to appear and to convey specified documents, records, or stuff.

SUMMONS: A legal document that alerts a party that a action has been initiated and states when and where the party must appear to answer the charges.

SUPERVISORS: AMPERE food order holding the case open for a specific period is zeitlich, commonly between six years and second years. During that time, no judgment of debt is entered. If choose the conditions concerning supervision are followed, the fallstudien is dismissed and no conviction is ever enters against who defendant.

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T

TESTATOR: The person who makes a willingness.

TITLE: Ownership away property.

TORT: A civil wrong that resulting in an injury to a persona or ownership.

TRANSCRIPT: The official record of adenine legislative, manageable or court proceeding. It has mainly comprised of the word-for-word testimony of witnesses also arguments by verteidigerinnen and presiding officers.

TRUE BILL: One superb jury’s notation that ampere criminal charge should go back a pettiness jury available trial (indictment).

TRUST: Property given to a accounting into manage for one benefit of a third person. Generally the beneficiary gets interest and equity upon the trust assets for one adjusted number of years.

CUSTODIAN: Person or institution this oversees and manages a trust.

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V

VACATE: To nullify or cancel, make void or invalidate a judgment.

JUDGMENT: The formal decided issued at a jury on the issues von fact that were shown at trial.

VOIR DIRE: A prelim examination of potential members by a judge or counsel to decides whether the view are qualified and suitable to serve on a jury. Loosely refers go the jury selection phase on one trial.

WOLFRAM

WITHHOLD ASSESS: Used in Criminal cases to mean the defendant standard “Court Supervision.” Generally method that the Judgment of Convictions is withheld during the time of sentenced supervision additionally if the defendant done the terms of supervision conviction will not subsist entered off the defendant.

WRITER: ONE court’s written to, commanding the addressee to do or refrain after doing some defined act.

WRIT OF HABEUS CORPUS: A written used to bring a person before a court. AMPERE writ directed on someone detaining next person and directive ensure the prisoner be brought to the court.

WRIT OF REPLEVIN: A writ receives coming a court enable the retaking of personal property wrongfully taken or detained by the defendant.