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Glossary Central - Legal glossary Category: Legal Date & country: 31/05/2011, USA Words: 227

juvenile
A young person who has not yet reached the age at which he or she should be treated as an adult for purposes of criminal law; also can be used in a non-criminal context, referring to a young person who is not yet legally able to marry or sign contracts because they have not yet reached the age of majority, or adulthood.

joint physical custody
The sharing, by both parents, of the actual physical care and custody of a child.

joint legal custody
The sharing, by both parents, of the right to make important decisions about a child's welfare.

irrevocable trust
A trust that, once set up, the grantor may not revoke.

indemnity
An insurance company's payment to a plaintiff in settlement or adjudication of a claim.

irritable bowel syndrome
A condition of abnormally increased spontaneous movement (motility) of the small and large intestine, generally stress can contribute to this condition.

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

informed consent
An agreement obtained voluntarily from a patient for the performance of specific medical, surgical or research procedures after the material risks and benefits of these procedures and their alternatives have been fully explained in non-technical terms.

intestate
Dying without a will.

injunction
Writ or order by a court prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.

inheritance tax
A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax.

idiopathic
Disease of unknown origin.

guardian
A person who has qualified and/or been appointed as a guardian of the person and/or property of a minor or adult incapacitated person.

handicapped
Refers to the degree of functional limitation resulting from impairment. The existence of a handicap depends on the extent to which impairment impedes a person's function.

grantor
See Grantor or Settlor.

grand jury
A body of persons sworn to inquire into crime and if appropriate, bring accusations (indictments) against the suspected criminals.

grantor or settlor
The person who sets up a trust.

fraud
False and deceptive statement of fact intended to induce another person to rely upon and, in reliance thereof, give up a valuable thing he or she owns or a legal right he or she is entitled to.

garnishment
A legal proceeding in which a debtor's money, in the possession of another (called the garnishee), is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages. General Jurisdiction: Refers to courts that have no limit on the types of criminal and civil cases they may hear.

gross negligence
Intentional failure to perform a manifest duty in reckless disregard of the consequences to another person's life or property. There is no clear distinction between gross negligence and willful negligence.

fiduciary
A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the others benefit, e.g., a guardian, trustee, or executor.

first party benefits
In insurance law, first party benefits include medical benefits, income loss benefits, accidental death benefit, funeral benefit, and extraordinary medical benefits. In Pennsylvania, the only required coverage is $5,000 in medical benefits.

final judgment
The written ruling on a lawsuit by the judge who presided at trial. This completes the case unless it is appealed to a higher court. Also called a final decree or final decision.

fact question
See question of fact.

felony
A more serious crime than a misdemeanor; a crime, which is often punishable by death or imprisonment for a term of more than one year.

family law
The area of law, which deals with separation, divorce, child custody, and division of marital assets, as well as adoption.

expungement
Official and formal erasure of a record or partial contents of a record.

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

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.

ex parte
(Latin) On or from one side or party only--used of legal proceedings; from a one-sided or partisan point of view.

extradition
The process by which one state or country surrenders to another state, a person accused or convicted of a crime in the other state.

extenuating circumstances
Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

et al
(Latin et alii) And others.

evidence
Tangible object offered to provide proof of a fact in a case. Photographs are one example of evidence.

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.

wrongful death
The basis for a lawsuit, which is filed due to a death caused by the negligence of another person.

estate
An estate consists of personal property (car, household items, and other tangible items), real property, and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the persons death. It does not include life insurance proceeds unless the estate was made the beneficiary) or other assets that pass outside the estate (like joint tena...

error
In the legal sense, a mistaken interpretation of facts or application of the law that can prove grounds for an appeal.

estate tax
Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.

employers liability insurance
Insurance that protects an employer against the claims for damages, which arise out of injuries to employees in the course of work. Employers Liability Insurance generally provides protection in employment related injury cases not covered by Workers' Compensation Law.

equitable distribution
A division of property that is fair in view of all of the circumstances. Equitable does not necessarily mean equal.

dwi
Driving while intoxicated.

economic damages
Out-of-pocket damages, such as incurred medical expenses, lost wages, etc.

employment law
The law which regulates the operation of the labor market in general and the employment relationship between employers and employees in particular. Examples include hiring process, suspension from work, maternity rights, layoff and wages.

dui
The acronym for the criminal charge of Driving Under the Influence of alcoholic beverages, illicit drugs, or medications, which impair one's ability to operate a vehicle.

wrongful death action
An action brought to recover damages for the death of a person caused by a wrongful act or neglect or unlawful violence or negligence of another; provided that no recovery for the same damages claimed in the wrongful death action was obtained by the deceased during his lifetime. In Pennsylvania, the action may be brought by the decedent's spouse, children, or parents. If the decedent has no spous...

domestic violence
Physical abuse or threats of abuse occurring between members of the same household.

dog bite
Dog bite injuries are very common, for both adults and children. They can have serious consequences, including permanent disfigurement and psychological trauma. People who are the victims of an unprovoked dog bite injury while in a public place or lawfully on the premises where the attack occurs are almost always able to establish liability on the part of the dog owner.

double jeopardy
Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution.

domicile
The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

disability
In the legal sense, lack of legal capacity to perform some act. Used in a physical sense in connection with workers' compensation acts and is a composite of (a) actual incapacity to perform employment tasks and the wage loss resulting therefrom and (b) physical bodily impairment which may or may not be incapacitating.

dissolution
Another word for divorce, which is the legal termination of a marriage relationship.

discovery
The information-exchanging process of a legal proceeding, including serving and answering interrogatories and requests for production of documents, and taking depositions.

workers' compensation
An area of law dealing with the benefits to which an injured worker is entitled.

wrongful death statute
Statutory law that provides the means for the representative of a decedent to bring suit alleging that the decedent's death was caused by someone's willful or negligent act and to seek compensation for monetary loss suffered because of the decedent's death.

defamation
That which tends to injure a persons reputation. Libel is published defamation, whereas slander is spoken.

decedent
A dead person.

divorce
Divorce or dissolution of marriage is the ending of a marriage, which can be contrasted with an annulment which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody and distribution of property.

default
A failure to respond to a lawsuit within the specified time.

defendant
The person or entity against whom a civil lawsuit is filed, or, in a criminal case, the alleged perpetrator.

default judgment
A judgment entered against a party who fails to appear in court or respond to the charges.

damages
Injuries or losses, such as a broken leg or lost wages.

deposition
The act or fact of taking sworn testimony of a witnessoutside of court, in certain well-defined circumstances. It is a part of the discovery process whereby litigants obtain information from each other in preparation for trial. Some jurisdictions recognize an affidavit as a form of deposition.

custody
Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child's welfare, or physical, which means that the child lives with and is raised by you.

cob
See Coordination of Benefits.

criminal
A type of case in which the person is charged with a crime and may face penalties including fines, jail time, or imprisonment.

codicil
The only legal document that can change a will. It is a supplement to a will, adding, taking from, or altering the will's provisions. It must be executed with the same formalities as a will.

common law
Law deriving its authority from usage and customs or judgments of courts recognizing and enforcing such usages and customs. Generally, law made by judges rather than by legislatures.

comparative negligence
The doctrine of comparing degrees of fault among the responsible parties.

commutation
The reduction of a sentence, as from death to life imprisonment.

coordination of benefits
Provisions and procedures of insurers used to avoid duplicate payments when claims are covered by more than one insurance policy.

conviction
A judgment of guilt against a criminal defendant.

contingency fee
A fee arrangement in which the plaintiff and his or her attorney agree that the fees due to the attorney will be determined by the amount of the judgment granted in the plaintiff's favor.

compensation
Something that makes up for a loss. In workers' compensation cases, it refers to payment to unemployed or injured workers or their dependents.

court reporter
The person who stenographically records and transcribes testimony during court proceedings or related proceedings such as depositions.

court
An official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law.

corpus delicti
Body of the crime. The objective proof that a crime has been committed. It sometimes refers to the body of the victim of a homicide or to the charred shell of a burned house, but the term has a broader meaning. For the state to introduce a confession or to convict the accused, it must prove a corpus delicti, that is, the occurrence of a specific injury or loss and a criminal act as the source of t...

class action
A means by which one or more individuals are able to sue for themselves and as representatives of other people. A class action requires: an identifiable group of people with a well-defined interest in the facts and law of the suit; too many people in the group for it to be practical to bring them all before the court; and the individuals bringing suit are able to adequately represent the entire gr...

circumstantial evidence
Evidence not based on actual personal knowledge or observation of the fact in dispute, but, rather, evidence of other personal knowledge or observation which allows a jury to infer the existence or nonexistence of the fact in dispute. An example of direct evidence of who was at fault for a car accident would be a witness who actually saw the accident. An example of circumstantial evidence in this ...

child support
Money that a non-custodial parent pays to the custodial parent for their child(ren)'s support.

civil
Generally pertains to disputes, not involving crimes, including family matters, contracts, collection of debts, and compensation for personal injury or property loss.

car accident
See automobile accident.

capital gains
The profit on the sale of a capital asset, such as stock or real estate.

child support guidelines
Guidelines established by statute or rule in each jurisdiction that set forth the manner in which child support must be calculated, generally based on the income of the parents and the needs of the children.

case number
The identifying number assigned to a lawsuit filed by the court.

case
See lawsuit.

carpal tunnel syndrome
(CTS) A cumulative trauma disorder involving compression of the median nerve.

cause of action
See lawsuit.

bench
The seat occupied by the judge. More broadly, the court itself.

burden of proof
The standard by which a case is decided. For example, a civil case is decided on the basis of the preponderance of the evidence (see explanation below), while a criminal case must be decided within a reasonable doubt.

bench warrant
An order issued by a judge for the arrest of a person.

bequests
Gifts made in a will.

bequeath
To give a gift to someone through a will.

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

bailiff
Court officer responsible for keeping order in the court, custody of the jury, and custody of prisoners while in court.

bail bond
An obligation signed by the accused to secure his or 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.

bankruptcy
Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or "discharged" from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is c...

at fault
Found responsible. Sometimes fault is shared between parties involved, depending on the circumstances of each case.

automobile accident
A specific type of accident, an unintentional damaging event involving one or more automobiles. Automobile accidents can damage one or more autos, people, or structures.

attorney
An alternate word for lawyer, barrister or solicitor, used mostly in the United States. A person that has been trained in the law and that has been certified to give legal advice or represent others in litigation.