Glossary

Action: a lawsuit brought in a court

Adjudicatory hearing: a proceeding in which a judge decides what should happen to a juvenile.

Affidavit: a sworn, written statement describing facts

Appeal: a complaint to a higher court about an error committed by a lower court

Appeals court: a court in which appeals are heard

Application to Proceed Without Payment of Fees: a form which a party fills out to ask a judge to waive court fees

Acquittal: a determination that the prosecution did not prove its case to a criminal charge

Arraignment: an appearance in court in which a defendant pleads guilty or not guilty

Arrest: an act in which a police officer takes custody of a person to have him answer a criminal charge

Assault: an unlawful injury to another person

Beyond a reasonable doubt: the standard used to determine the guilt or innocence of a person prosecuted for a crime, which means to a moral certainty

Bind-over hearing: a proceeding in which a lower court decides whether to transfer case to a higher court

Breach: an act which violates an obligation or duty to another

Civil: relating to private rights

Complaint: a written statement, filed in court that is the start of a lawsuit

Constitution: the fundamental law of a state or nation

Contingency fee agreement: an agreement in which a lawyer pursues a case at his own expense in exchange for a portion of the award, if any

Contract: an agreement between two or persons which creates an obligation to do or not do something

Crime: a violation of law for which the State has set a penalty

Criminal: relating to the law of crimes

Court: where judges and juries decide cases. Sometimes refers to a judge.

Damages: money awarded by a court for a loss or injury

Defendant: a person who is accused of a crime or who is the subject of a lawsuit

Delinquent: a juvenile who has committed an offense

Detention: when a police officer restrains an individual from walking away; when a person is confined to a particular place

Disposition: the final settlement of a matter in juvenile court

Dispositional hearing: a proceeding in which a final settlement is decided in juvenile court

Duty: an obligation

Emancipation: freeing the child from the control of the parents and allowing him to live on his own

Evidence: information or material offered as proof of a fact or to persuade a judge or jury

Exculpatory evidence: evidence that favors the defense

Federal: relating to the United States of America

Guilty: a plea to a criminal charge; a determination that a person committed an offense

Immediate and present danger: in a domestic violence case, the standard a judge will use to decide if a Temporary Order is appropriate

Interim care: short term custody of a juvenile in a non-criminal matter

Intentional tort: a civil wrong which requires proof that a person had the purpose to injure

Jurisdiction: the power a court to decide a case

Liable: legally responsible for a civil wrong

Litigation: a lawsuit

Negligence: a failure to use care that a reasonable person would use

Not Guilty: a plea to a criminal charge; an acquittal of a charge; innocent of a crime

Notice of hearing: written information that tells someone the date and time of a court proceeding

Order: a written direction issued by a court

Plaintiff: a person who brings a civil lawsuit

Plea: a formal response to a criminal charge

Plea bargain: an agreement between a prosecutor and a defendant where the defendant agrees to plead guilty to a charge in exchange for the prosecutor recommending a lesser sentence

Preponderance of the evidence: the standard of proof in civil cases, which is the greater weight of evidence (more evidence than not)

Probable cause: a reasonable ground for belief a person should be arrested or searched

Pro se: a person who acts as his own attorney in court

Prosecute: in criminal law, when the state attempts to prove a case against a person

Protection from abuse complaint: a form filed in District Court to start proceedings in domestic violence cases

Remedy: what is done to compensate a person for a civil wrong

Search: an examination of a person or his property to discover some evidence of guilt or a weapon

Seizure: when a police officer takes possession of property or a person into custody, or restrains a person’s freedom to walk away

Service: when someone is notified of a court proceeding or material related to a court proceeding with a written document

Stop: a temporary restraint of a person’s liberty or freedom to walk away

Strict liability: the legal responsibility for an injury without a showing of negligence

Subpoena: a court order that commands someone to appear in court or turn over documents

Summons: a written notice that a person must appear in court at a specific date and time; an alternative to arrest for minor crimes

Taken into custody: for adults, an arrest; for juveniles, a temporary detention in a non-criminal matter

Taxation: imposing a tax

Temporary Order: an emergency order from a court which is of short duration

Tort: a civil wrong

Trial court: a court in which guilt or innocence is established, or liability in the case of a civil wrong

Verdict: a formal decision in a court case

Waiver: when a person voluntarily gives up a right, claim or privilege

Warrant: a written order of a court giving a police officer the authority to search or seize property or a person

Warranty: a promise that certain facts are can be relied upon, such as a manufacturer’s warranty that a product will last for a certain amount of time