Legal Glossary - Chow & Losinski

Legal Glossary



ACCRUAL: The total amount of child support payments that you owe or that are late.


ACQUITTAL: When a judge or jury finds that the person on trial is not guilty.


ADJUDICATION: The judge’s decision in a case or action.


ADMISSIBLE EVIDENCE: Evidence that can legally and properly be used in court.






ALIMONY: Money the court orders you to pay to a spouse or ex-spouse.


ANNULMENT (“NULLITY OF MARRIAGE”): A legal action that says your marriage was never legally valid because of unsound mind, incest, bigamy, being too young to consent, fraud, force, or physical incapacity.


ARREARAGE: Child support that is overdue or unpaid. A parent that has arrearages is “in arrears.”








BATTERY: Illegal beating or physical violence or control of a person without their permission.


BEST INTEREST OF THE CHILD: The standard that courts use to decide who will take care of the child. Some of the factors courts look at are: the age of the child, the health of the child, the emotional ties between the parents and the child, the ability of the parents to care for the child, and the child’s ties to school, home, and the community.


BURDEN OF PROOF: When one person in the case has the responsibility to give more evidence than the other person.






CASE LAW: Law made by earlier decisions in similar cases.


CHALLENGE: Someone’s right to object to or fight something in a legal case.


CHARGE: In criminal law, each thing the defendant is accused of.


CHILD ABUSE: Hurting a child physically, sexually or emotionally.


CHILD ADVOCATE: Someone with special training appointed by the court to help a child in a case.






CHILD MALTREATMENT: Child abuse and/or neglect.


CHILD NEGLECT: Not taking good care of a child. Neglect can be physical or emotional.


CHILD PROTECTIVE SERVICES (CPS): State agency that responds to reports of child abuse and neglect. If the agency’s investigations show there is abuse or neglect, they open a child protection case. Then, a case worker makes a plan to help the family.


CHILD SUPPORT: Money paid by a parent to help support a child or children.


CHILD SUPPORT ENFORCEMENT (CSE) AGENCY: Agency that exists in every state to find parents that don’t have custody (called “noncustodial parents,” or “NCPs”). Or to find the person assumed to be the father of a child (called a “putative father,” or “PF”). Makes, enforces, and changes child support. Collects and gives out child support money. Also known as an “IV-D agency.”
















COMPENSATORY DAMAGES: Money that one person must pay another to cover the cost of a wrong or injury.






CONVICTION: When a judge or jury finds a criminal defendant guilty.COUNSELOne or more lawyers that represent a client. Also, legal advice.




COURT TRIAL: A trial without a jury. A judge decides the case.


CRIMINAL CASE: A court case that starts because of a crime.


CROSS-EXAMINATION: The testimony a witness gives when the other side’s lawyer is asking the questions at a trial, hearing, or deposition.


CUSTODIAL PARENT: The parent that has primary care, custody, and control of the child(ren).






DAMAGES: Money that the losing side must pay to the winning side to make up for losses or injuries. There are 2 kinds of damages: (1) “compensatory,” meaning money to pay for the actual cost of an injury or loss; and (2)”punitive” or “exemplary,” meaning an amount of money that’s more than the actual damages. This is a punishment for willful or malicious acts.




















DIVORCE: A common name for a marriage that is legally ended.








EVICTION: A court-administered proceeding for removing a tenant from a rental unit because the tenant has violated the rental agreement or did not comply with a notice ending the tenancy (also called an “unlawful detainer” lawsuit).






EXONERATE: To clear of blame or to relieve from responsibility.


FAMILY LAW COURT: A court that hears family matters, like divorce (“dissolution”), legal separation of spouses, annulment of marriage or domestic partnerships, child custody and support, and domestic violence petitions.





FAMILY VIOLENCE INDICATOR (FVI): The Federal Case Registry (FCR) uses this term to identify a person involved in a family violence case or order in another state. “FVI” means the person was involved with child abuse or domestic violence and says not to tell the location of a parent and/or a child that the state believes is at risk of family violence.


FEDERAL CASE REGISTRY (FCR) OF CHILD SUPPORT: A national database of information on all people with IV-D (called “4 D”) cases and people with non-IV-D orders entered or changed on or after October 1, 1998.




FEDERAL TAX REFUND OFFSET PROGRAM: A federal program that collects overdue child support payments from parents. The program can take a parent’s federal income tax refunds or federal retirement benefits.


FEE WAIVER: Permission not to pay the court’s filing fees. People with very low income can ask the court clerk for a fee waiver form.




FIDUCIARY: A person that acts for another person’s benefit, like a trustee. It can also be an adjective and mean something that is based on a trust or confidence.


FINDING: When a judicial officer or jury says something is a fact.


FORFEITURE: When a person must give up money or property because they didn’t meet a legal obligation.


FOSTER CARE: A program that gives money to a person, family, or institution to raise someone else’s child.GARNISHMENTA legal process that allows part of a person’s wages and/or assets to be withheld for payment of a debt. Wage or income garnishment is usually involuntary.


GENETIC TESTING: A medical test to determine legal fatherhood (or “paternity”).




GUARDIAN AD LITEM: A court-appointed adult that represents a minor child or legally incompetent person.




HABITABLE: A rental unit that is fit for people to live in. A rental unit that follows important building and safety code standards that affect tenants’ health and safety is called “habitable.”




HEARSAY: Statements by a witness that did not see or hear the incident in question but heard about it from someone else. Hearsay usually can’t be used as evidence in court.HEIR(ESS)A person that inherits or receives money or property from someone that has died.


HOME DETENTION: When an electronic device is put on a prisoner’s body to keep track of where the prisoner goes in the community and what the prisoner does. Used instead of a jail sentence.


IMPEACHMENT: (1) The process of calling a witness’s testimony into question. For example, if an attorney can show that a witness may have made up parts of his or her testimony, the witness is said to be “impeached.” (2) The constitutional process used by the U.S. House of Representatives to “impeach” (or accuse of misconduct) high-ranking officers of the federal government, who are then tried by the Senate.




INACTIVE CASE: A pending case that has been filed, but for some reason can’t be processed by the court.






INCRIMINATE: To hold yourself or another person responsible for criminal actions.










INFRACTION: A minor violation of a law, contract, or right that is not a misdemeanor or a felony and can’t be punished by time in prison.




INJUNCTION: A court order that says a defendant can’t perform, or must perform, a specific act.


INSTALLMENT PAYMENTS: Weekly, monthly, or other periodic payments on a debt.






IV-A(“4-A”) CASE: A child support case where a custodial parent and child(ren) get public assistance benefits under the state’s IV-A program, which is funded under title IV-A of the Social Security Act. Applicants for IV-A assistance are automatically referred to their state IV-D agency in order to identify and locate the noncustodial parent, establish paternity and/or a child support order, and/or obtain child support payments. This lets the state get back some or all of its public assistance money from the noncustodial parent.




IV-E (“4-E”): Refers to title IV-E of the Social Security Act, which established a federal-state foster care program that gives financial support to a person, family, or institution that is raising a child or children not their own.




JOINT CUSTODY: A court order that gives both parents legal and physical custody of a child.


JOINT LEGAL CUSTODY: A type of court order that allows either or both parents to make important decisions about a child’s health, education, and well being.


JOINT PHYSICAL CUSTODY: A type of court order in which a child spends about the same amount of time living with both parents.JUDGEAn official of the judicial branch of government with authority to decide lawsuits brought before courts. The term “judge” may also refer to all judicial officers, including Supreme Court justices.






JURISDICTIONAL LIMIT: The maximum amount of money that a court can award. The limit is $5,000 for most small claims cases, but a claimant can’t file more than 2 small claims court actions for more than $2,500 anywhere in the state during any calendar year.JURORA person selected to be on a jury.


JURY: A group of citizens picked according to law and authorized to decide a case. Can be: (1) grand, that is, a body of citizens that determines whether probable cause exists that a crime has been committed and whether an indictment should be issued; (2) hung, that is, a jury that can’t agree on a verdict after a suitable period of deliberation ; (3) petit (or “trial”), that is, an ordinary jury for the trial of a criminal or civil action; or (4) special, that is, a jury ordered by the court, on the motion of either side, in cases that are unusually important or complicated.








LEGAL CUSTODY: A parent’s right and responsibility to make decisions about a child’s health, education and well being. There are two types of legal custody orders: joint legal custody and sole legal custody.


LEGAL PARENT: A person who is recognized by the law as the parent of a child.




LEVY: To obtain money by legal process through seizure and/or sale of property.


LIBEL: False and malicious material that is written or published that is defamatory and hurts a person’s reputation.




LITIGANTS: The parties (sides) involved in a lawsuit.


LITIGATE: To conduct or engage in a lawsuit.


LITIGATION: A case, controversy, or lawsuit. The people involved in lawsuits (plaintiffs and defendants) are called “litigants.”




MALFEASANCE: Performance of an act that should not have been done at all.


MANDATORY: Required, ordered.










MEDICAL SUPPORT: Kind of child support where medical or dental insurance coverage is paid by a parent. Depending on the court order, medical support can be that parent’s only financial obligation, or the parent may also have to pay child support and/or spousal support.


MEMORANDUM OF CREDITS, ACCRUED INTEREST, AND COSTS AFTER JUDGMENT: In small claims court, a form used to get back your costs for collecting your judgment.


MINOR: A person under the age of 18 years.






MISDEMEANOR: A crime that can be punished by up to 1 year in jail.






MONEY JUDGMENTA:  Specific amount of money awarded by the court to a person as payment for damages (losses or injuries) suffered.


MOOTA:  Point or question related to a legal case that usually has no practical importance or relevance to the case. A moot point is a point that can’t be resolved by the judge, is not disputed by either side, or is resolved out of court.


MOTION: An oral or written request that a party makes to the court for a ruling or an order on a particular point. A “motion to reduce bail” asks the court to lower the amount of bail needed to release the defendant from custody and guarantee that he or she will appear in court when required. A “motion to release on own recognizance (OR)” asks the court to let a defendant go without paying bail if the defendant agrees to appear when the court tells him or her to. A “motion to set” asks the judge to set a date for a future trial. A “motion to quash” asks the court to make something void or ineffective, such as to quash a subpoena.








NONFEASANCE: Failure to perform an act that you are legally responsible for.




NULLITY: The legal invalidation of a marriage; annulment.







OBLIGOR: The person that must pay child support or perform some other financial obligation.OFFENSEAn act that violates (breaks) the law.


OFFICE OF CHILD SUPPORT ENFORCEMENT (OCSE): The federal agency responsible for administering the nationwide child support program.


OFFSET: Amount of money taken from a parent’s state or federal income tax refund before he or she receives it, or from an administrative payment like federal retirement benefits, to pay a child support debt.


ORDER: (1) Decision of a judicial officer ; (2) a directive of the court, on a matter relating to the main proceedings, that decides a preliminary point or directs some steps in the proceedings. Generally used to invalidate a prior conviction, for example, an order issued after a hearing where a prior conviction is found invalid because certain legal standards weren’t met during the time of trial and conviction. Or to set a fee, for example, an order telling a defendant to pay back the county for costs for a court-appointed attorney. Or to show cause, for example, an order to appear in court to give reasons why an action can’t, should not have been, or has not been carried out.






PARENTAGE (PARENTAL RELATIONSHIP): A legal determination of who the parents of a child are.








PARTNER SUPPORT: In family law, court-ordered support of a registered domestic partner or ex-partner.








PATERNITY SUIT: A lawsuit to decide who the father of a child is if the parents were not married when the child was born. Also called “establishment of parental relationship.”


PAYEE: Person or organization in whose name child support or other money is paid.PAYORPerson that makes a payment.


PENALTY: Punishment for breaking a law.


PENALTY ASSESSMENT: An amount of money added to a fine.


PENDING: The status of a case that is not yet resolved by the court.


PERJURY: A false statement made on purpose while under oath in a court proceeding.








PETITION: A formal written request given to the court asking for a specific judicial action.






PLEA: n a criminal case, the defendant’s statement pleading “guilty” or “not guilty” in answer to the charges.


PLEA BARGAIN: Negotiation between the prosecuting attorney and the person accused of a crime or that person’s lawyer to exchange a guilty plea for conviction of a lesser charge, if the court approves.


POWER OF ATTORNEY: When a person (the “principal”) authorizes someone else (the “agent” or “attorney in fact”) to take care of business for the principal. A power of attorney authorizes the agent to do whatever is necessary to manage the principal’s assets. A “limited” or “special” power of attorney can be made more restrictive, by setting time limits for the agent to serve, limiting the agent to certain actions, or authorizing the agent to manage only particular assets. There are “general” powers of attorney, “limited” or “special” powers of attorney, and “durable” powers of attorney. A general or limited power of attorney ends when the principal becomes incapacitated. A durable power of attorney stays in effect if the principal becomes incapacitated.






PRIMARY PHYSICAL CUSTODY: A type of court order in which a child lives with one parent more than the other parent.


PROBABLE CAUSE: A reasonable basis for assuming that a charge or fact is well founded.


PROBATE: The judicial process to determine if a will of a dead person (called the “decedent”) is genuine or not; lawful distribution of a decedent’s estate.


PROBATE COURT: The department of each county’s superior court that deals with probate conservatorships, guardianships, and the estates of people that have died.


PRO BONO: Legal work done for free; from the Latin meaning “for the good.”






PUBLIC DEFENDER: A lawyer appointed by the court, usually to represent a defendant in a criminal case that can’t afford to hire a lawyer.
















RECIDIVIST: Habitual criminal, repeat offender.






REFERRAL: Usually refers to an alternative program, like drug/alcohol rehabilitation (“rehab”) instead of serving time in jail.








RENTAL UNIT: An apartment, house, duplex, condominium, or room that a landlord rents to a tenant to live in. When a tenant uses the rental unit to live in, it is called a “residential rental unit.”



REPAIR AND DEDUCT REMEDY: The tenant’s remedy of deducting from future rent the amount necessary to repair defects covered by the implied warranty of habitability. The amount deducted cannot be more than one month’s rent. Tenants should be careful when using this remedy and should talk to a lawyer first to make sure it is appropriate for their situation.












SATISFACTION: Payment of a judgment amount by the losing party.






SEPARATE PROPERTY: Separate property is everything that a husband or wife or registered domestic partnersOWNS SEPARATELY. In most cases that includes: (1) anything that you owned before you got married or registered as domestic partners; (2) anything you earned or received after your separation; and (3) anything that either of you received, as a gift or by inheritance, at any time.








SLANDER: Defamation of a person’s character or reputation through false or malicious oral statements.


SMALL CLAIMS CASE: A civil case for a monetary judgment of $5,000 or less.




SOLE LEGAL CUSTODY: A type of court order in which one parent has the legal authority to make the major decisions affecting the child, like health care, education, and religion. If the parents do not agree on a decision about the child, the parent with sole legal custody has the right to make the final decision. “Sole custody” does not give one parent the right to move away with the child without notice to the other parent unless the court order specifically gives that right.




SOLE PROPRIETORSHIP: An unincorporated business that is owned by one individual.




SPOUSAL SUPPORT: Court-ordered support of a spouse or ex-spouse; also called “maintenance” or “alimony.”


STATE PARENT LOCATOR SERVICES (SPLS): A unit within each state’s child support enforcement agency that locates noncustodial parents to establish and enforce child support obligations, visitation, and custody orders or to establish paternity.


STATEMENT OF FACTS: Any written or oral declaration of facts in a court case.


STATUS OFFENSE: An act, committed by a child, that is illegal only because of the child’s age (e.g. truancy, underage drinking, etc.).


STATUTE OF LIMITATIONS: A law that sets the deadline for parties to file suit to enforce their rights. For example, if a state has a 4-year statute of limitations for breach of a written contract, and “John” breached a contract with “Susan” on January 1, 1996, Susan must file her lawsuit by January 1, 2000. If the deadline passes, the “statute of limitations has run” (or the claim is “time-barred”) and “Susan” may not be allowed to sue. There are very few conditions that allow a statute to be extended or “tolled” (kept from running).


STATUTORY DAMAGES FOR MALICE: A financial penalty set by law if one of the parties has acted with malice. Malice is conscious, intentional wrongdoing based on ill will, hatred or total disregard for the other’s well-being.


STAY ORDER: An order issued by a court stopping court proceedings until a further, specified event takes place.




STIPULATION: An agreement relating to a pending court proceeding between parties or their attorneys.


SUBLEASE: A separate rental agreement between the original tenant and a new tenant to that rents all or part of the original tenant’s unit. The new tenant is called a “subtenant.” The agreement between the original tenant and the landlord is still in place, and the original tenant continues to be responsible for paying the rent to the landlord and for other tenant obligations.








SURROGATE PARENT: A person that substitutes for the legal parent to advocate for a child’s special educational rights and needs; can be selected by the child’s parent or appointed by the local educational agency (LEA).






TENANCY: The tenant’s exclusive right, created by a rental agreement between the landlord and the tenant, to use and possess the landlord’s rental unit.TENANTA person who rents or leases a rental unit from a landlord. The tenant has the right to the exclusive use and possession of the rental unit during the lease or rental period.


TESTATE: Having made a will or having died leaving a valid will.




TESTIFY: To give evidence under oath as a witness in a court proceeding.




THIRD-PARTY ACTION: Generally, an action taken by anyone that is not a party to an underlying contract, agreement, or other transaction.


THIRD-PARTY CLAIM: An interest or share in property that has been taken by order of a court.


TIME-SHARE: The plan for how the parents share time with their children. Also called visitation or parenting plan.




TITLE: The ownership or evidence of ownership of land or other property.




TORTFEASOR: Person that commits or is found guilty of a tort.


TRANSCRIPT: A Written, word-for-word record of what was said at a trial or some other formal conversation like a hearing or deposition.


TRANSFER: A Judge’s order to transfer a case from 1 court to another before a hearing or trial is held in the matter.








TRUSTEE: (1) The person that has custody of or control over funds or items for the benefit of another; (2) in a bankruptcy case, a person appointed to represent the interests of the bankruptcy estate and the unsecured creditors. The trustee’s responsibilities may include selling the property of the estate, making distributions to creditors, and bringing actions against creditors or the debtor to recover property of the bankruptcy estate.


UNCLAIMED FUNDS: Support payment that can’t be disbursed because the identity of the payor, or the address of the payee, is unknown.




UNINHABITABLE: A rental unit that has problems or defects so serious that they affect the tenant’s health or safety. A rental unit may be uninhabitable if it is not fit for people to live in, or if does not follow important building and safety code standards that affect the tenants’ health and safety.










WAGE ATTACHMENT: An involuntary transfer of a portion of an employee’s wage payment to repay a debt.








WARD OF THE COURT: A minor that is under the care and control of the juvenile court and not his or her parent(s).






WILL: A legal paper that lists a person’s wishes about what will happen to his or her personal property after death.



