The Sacramento County Superior Court has developed legal glossaries in 12 different languages for use by the public. Please click the following link: Legal Glossaries
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| Within the Glossary below you will find definitions
for many common terms found within the VLSP website or documents
you have received. The glossary is designed to help people understand
those words and phrases specific to your legal problem. Remember,
this glossary is for information only and is not a substitute
for legal advice. |
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To search Law.Com Dictionary
for legal terms, enter the word below and click search.
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A
Advocate Someone who speaks on behalf of another,
frequently a lawyer or paralegal.
Administrative Law Judge (ALJ) The person who
decides appeals from the decisions of government agencies such as
the Department of Social and Health Services.
Affidavit A statement made under oath and notarized
by a Notary Public. Affidavits are no longer required in Washington.
Instead the courts use Declarations (see definition below).
Affidavit of Paternity An affidavit signed by
an unmarried mother and father (and the mother's husband if she
is married to someone else) stating who the child's father is.
Amendment An addition or modification that changes
something such as a law, rule or contract.
Appeal A request to change a decision.
Appearance Informing the court of your whereabouts,
either in person at a Court hearing or in writing by filling out
a Notice of Appearance form.
Arbitration A process where the people in a dispute
agree to allow a third person not a judge to decide their disagreement.
Arrears Money owed but not paid.
Attorney of Record An attorney who has filed either
a Notice of Appearance or any court papers in the case.
B
Bailiff The person in charge of courtroom procedure
and security.
Beneficiary A person who receives benefits or
advantage (for example, money from an insurance policy).
Breach A failure to carry out an agreement or
legal obligation.
C
Calendar The court's schedule of cases to be heard,
also called a Docket.
Caption The heading of each legal document that
contains the name of the court, the names of the parties, the case
number, and the name of the document itself.
Cease and Desist Stop
Certified Copy A copy of the document from the
court file made by the court clerk that has an official stamp on
it. There is usually a charge for a certified copy.
Chambers The private office of a Judge or Commissioner,
where s/he hears motions and signs orders when not holding court.
Clerk of the Court An officer in the County Clerk's
Office who handles clerical matters like keeping records, filing
documents and providing certified copies.
Commissioner (Court Commissioner) This person
is similar to a judge but only makes decisions relating to a particular
subject matter. Many counties have family law commissioners who
decide cases only in family law, such as dissolutions.
Community Property The property you and your spouse
acquired during your marriage. (See Separate Property). This includes
wages, pensions and other benefits from employment during your marriage.
Compensation Something you are owed.
Complaint The initial request or plea to a court
in a civil matter.
Conformed Copy A copy of any court document that
has been filed and is stamped with the date filed. If the document
is an order, it must have the name of the judge/court commissioner,
who signed it written or stamped on the order.
Consideration Something of value.
Contempt of Court Failure to obey a judge's order.
Contested A case that is being disputed or litigated.
Continuance Postponing your court hearing to a
later date.
Counterclaim A claim filed by a defendant against
the plaintiff in a civil action.
Court Facilitator A court employee who can provide
forms and help you fill them out but not give legal advice.
Creditor Someone owed money.
D
Debtor Someone who owes money.
Declaration (DCS) A written statement made to
the court that the signer swears is true.
Decree The final court order in your dissolution.
It includes the property division and the arrangements made for
the care and support of your children.
Default Failure to respond to a lawsuit.
Default Order (Order of Default) An Order that
is entered after a party fails to respond to court papers within
the designated time.
Defendant A person being sued in a civil matter.
Deferment A postponement of a responsibility to
a later date.
Department of Social Services (DSHS) The government
agency runs welfare programs.
Dissolution of Marriage Divorce
Division of Child Support (DCS) A state agency
that helps one parent (or guardian) collect child support from the
other parent.
E
Emancipation The point in time when parental duties
of care for a child stop.
Equitable Estoppel A defense in law that forbids
someone (such as DSHS) from collecting money from you because it
is not your fault that you owe the money.
Escrow Account An account where money owed is
kept until it is supposed to be paid. Estate The property of a deceased
person.
Estoppel A legal bar to allowing something from
happening.
Evidence Information used to prove a point in
a court action, including what people say under oath (promising
to tell the truth) and documents such as receipts, bank statements,
letters, notices or others.
Exempt Property Property that can not be taken
to pay off a debt.
Ex Parte Asking the Court for an Order without
notifying the other party.
F
Filing Giving court papers to the court clerk to
place in the case file.
Forbearance An agreement not to collect money
owed.
Foreclosure A proceeding by a creditor to take
back land.
Forfeiture The loss of property. Also the procedure
by which the seller on a real estate contract takes back the property
due to non-payment.
G
Garnishment An order requiring either a part of
ones wages or money in a bank account be given to a creditor.
State Disability Insurance (SDI) A state program
for people who can not work because of a disability.
Grantee Someone who gets something.
Grantor Someone who gives something.
Guardian A person appointed by a judge to look
after the interests and to manage the affairs of a minor or a person
who is unable to manage them him/her self.
Guardian Ad Litem A person appointed by a judge
to look after the interests of a minor or an incapacitated person
in a court proceeding such as a dissolution or a guardianship.
H
Hearing Going before a judge or court commissioner
to request a court order.
Home State The state where the parties were living
six months before the action is filed. The home state court is generally
the court with jurisdiction to make final determinations in a dissolution
case.
I
Incapacitated A person found by a judge to have
a mental or physical condition which makes him/her unable to manage
his/her own affairs.
Incompetent A person who, because of a mental
or physical disability, is unable to look after his or her own affairs.
Indigent Poor.
In Forma Pauperis A Latin term which means you
may file your papers in court without paying the filing fee if you
cannot afford the fee.
Intestate Dying without a will.
Irretrievably Broken The basis for getting a divorce.
It means that you cannot successfully continue your marriage.
J
Joinder Both spouses ask the court together to
dissolve their marriage, divide the property and make arrangements
for the children.
Judgment The decision of a judge.
Jurisdiction The authority of a court to hear
and decide cases. Jurisdiction is determined by the geographic location
of the court and the subject matter of the case.
L
Lien A claim or charge against property or another
asset for the payment of a debt.
M
Maintenance A fixed amount of money paid from one
spouse to another for support of that spouse. This amount is separate
from the amount of money paid for support of the children.
Medi-Cal A publicly funded health insurance program
for low-income California residents. To qualify for Medi-Cal, an
individual must (1) demonstrate membership in a group eligible for
Medi-Cal coverage and (2) meet Medi-Cal's restrictive income and
property standards.
Mediation An attempt to resolve a dispute by having
a third disinterested person assist the parties in reaching an agreement.
Modification A change.
Motion A request to a court to issue an order.
N
Notary Public A person who authenticates a signature
by determining that the person signing is truly the person of that
name.
Note for Motion A written request to the clerk
to schedule your case for a hearing.
Notice of Appearance A paper filed with the court
showing that a party knows of the case and where to send papers
filed in the future.
O
Opposing Party The person or organization you are
in conflict with.
Order A court document signed by a judge or commissioner
that gives an order and requires that someone do or not do something.
Order to Show Cause A court order requiring a
person to appear in person at a time set by the court for a hearing.
Overpayment Money paid to you that you are not
entitled to.
P
Paternity Parenthood.
Perjury Telling a lie under oath.
Petition A legal pleading making a formal request.
Plaintiff The person who is suing in a civil case.
Pleading Formal legal documents of the parties
giving their respective claims and responses.
Pro Bono For free.
Pro Se Acting without the aid of an attorney;
representing yourself.
Process Written notification to appear in court
(see Summons)
Prosecutor The lawyer that represents the government.
Protection Order A special court order to protect
a spouse from domestic violence.
R
Real Property Land and any houses or other buildings
on it.
Reconsideration A request that a judge review
his or her previous ruling in a case.
Repossession A right, under contract, to take
back property when the debt to pay for the property has not been
paid.
Visitation and custody The residential schedule
of the Parenting Plan states the time that each parent will spend
with the children.
Respondent The party who is responsible to answer
a legal action; the defendant in an action.
Response A formal written answer to a petition
filed with the court by the respondent.
Restitution Money one must pay to compensate another
for damages.
Restraining Order A court order to prevent a spouse
from doing some act that may harm the other spouse.
Ruling A decision by the court.
S
Separate Property Property owned before marriage,
obtained during a marriage as a result of a gift or inheritance
made specifically to one spouse but not the other, or obtained after
separation of the spouses.
Service Giving court papers to the other party
by hand delivering, sending them by certified mail or notifying
the other party of the dissolution case through publication of a
notice in a newspaper.
Statute A law.
Summons Notice that a lawsuit has been filed and
an explanation of how to respond.
Supplemental Security Income (SSI) A federal program
for poor people who cannot work because of a disability.
T
Temporary Assistance for Needy Families (TANF)
The state welfare program.
Temporary Order An order entered after a case
is filed which is in effect until a final order is entered.
Testator A person who leaves property through
a will.
U
UCCJA Declaration A declaration required by the
Uniform Child Custody Jurisdiction Act which you must include in
the petition. This informs the court where the children of the marriage
have lived and with whom.
Unlawful Detainer The court action used by a landlord
to evict a tenant.
V
Venue The county where the case should be filed,
usually the county where you live.
W
Warranty of Liability The requirement that a rental
unit be clean and safe.
Writ of Restitution The order of a court to a
sheriff to remove a tenant from a rental unit.
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