A
Acceptance - The taking and receiving of anything in good faith with the intention of retaining it.
Accessory - A person who assists in the commission of a crime, either before or after the fact.
Accomplice - 1. A partner in a crime. 2. A person who knowingly and voluntarily participates with another in a criminal activity.
Accord - A satisfaction agreed upon between the parties in a lawsuit which bars subsequent actions on the claim.
Accord and satisfaction - A method of discharging a claim upon agreement by the parties to give and accept something in settlement of the claim.
Accused - The name for the defendant in a criminal case.
Acquittal - The legal certification of the innocence of a person who has been charged with a crime, setting the person free from a charge of guilty by a finding of not guilty.
Acquittal - A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty.
Action Case- Cause, suit, or controversy disputed or contested before a court of justice.
Additur - An increase by a judge in the amount of damages awarded by a jury.
Adjudication - Giving or pronouncing a judgment or decree. Also the judgment given.
Admissible evidence - Evidence that can be legally and properly introduced in a civil or criminal trial.
Admission - A statement tending to establish the guilt or liability of the person making the statement.
Admonish- To advise or caution. For example the court may caution or admonish counsel for wrong practices.
Affidavit - A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.
Aggravated assault - An attempt to cause serious bodily injury to another or purposely, knowingly or recklessly causing such injury, or an attempt to cause or purposely or knowingly cause bodily injury to another with a deadly weapon.
Aggravated battery - The unlawful use of force against another with unusual or serious consequences such as the use of a dangerous weapon.
Agent - One who has authority to act for another.
Agreement - Mutual consent.
Aid and Abet - To actively, knowingly, or intentionally assist another person in the commission or attempted commission of a crime.
Alibi - A defense claim that the accused was somewhere else at the time a crime was committed.
Alien - A foreign-born person who has not qualified as a citizen of the country.
Allegation - A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.
Alteration - Changing or making different.
Alternative dispute resolution -Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
American Bar Association - A national association of lawyers whose primary purpose is improvement of lawyers and the administration of justice.
Amicus curiae - A friend of the court; a nonparty who interposes, with the permission of the court, and volunteers information upon some matter before the court.
Answer - A formal, written statement by the defendant in a lawsuit which answers each allegation contained in the complaint.
Appeal - A proceeding brought to a higher court to review a lower court decision.
Appearance - The act of coming into court as a party to a suit either in person or through an attorney.
Appellate court - A court having jurisdiction to hear appeals and review a trial court's procedure.
Arbitration - The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties agree to accept.
Arbitrator - A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence.
Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.
Attempt - An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution.
B
Bail - Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court. "Bail" and "Bond" are often used interchangeably. (Applies mainly to state courts.)
Bailiff - An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum and has custody of the jury.
Battery - A beating, or wrongful physical violence. The actual threat to use force is an "assault;" the use of it is a battery, which usually includes an assault.
Beyond a reasonable doubt - The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.
Bill of particulars - A statement of the details of the charge made against the defendant.
Breach - The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.
Burglary - The act of illegal entry with the intent to steal.
C
Capital crime - A crime punishable by death.
Cases - General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Cause - A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.
Caveat - A warning; a note of caution.
Certification - 1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original.
Chronological - Arranged in the order in which events happened; according to date.
Citation - A writ or order issued by a court commanding the person named therein to appear at the time and place named; also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.
Civil - Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings.
Civil action - An action brought to enforce or protect private rights.
Civil law - Law based on a series of written codes or laws.
Collate - To arrange in order; verify arrangement of pages before binding or fastening; put together.
Commit - To send a person to prison, asylum, or reformatory by a court order.
Comparative negligence - The rule under which negligence is measured by percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery.
Competency - A witness's ability to observe, recall and recount under other what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.
Complainant - The party who complains or sues; one who applies to the court for legal redress.
Complaint - 1. The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. 2. Formal written charge that a person has committed a criminal offense.
Conciliation - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but is may be less formal.
Consent - Agreement; voluntary acceptance of the wish of another.
Conspiracy - A combination of two or more persons formed for the purpose of committing by joint collaboration some unlawful act.
Continuance - Postponement of a legal proceeding to a later date.
Conviction - A judgment of guilt against a criminal defendant.
Crime - An act in violation of the penal laws of a state or the United States. A positive or negative act in violation of penal law.
D
Damages - Money awarded by a court to a person injured by the unlawful actor negligence of another person.
Defendant - The person defending or denying a suit.
Deliberation - The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions.
Delinquency - The commission of an illegal act by a juvenile.
Deposition - Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court's file.
Direct examination - The first questioning of witnesses by the party on whose behalf they are called.
Discovery - The name given pretrial devices for obtaining facts and information about the case.
Dismissal - The termination of a lawsuit.
Due process of law - The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.
E
Embezzlement - The fraudulent appropriation by a person to his own use or benefit or property or money entrusted to him by another.
Entrapment - The act of inducing a person to commit a crime so that a criminal charge will be brought against him.
Evidence - Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Exhibit - A document or other item introduced as evidence during a trial or hearing.
Expert testimony - Testimony given in relation to some scientific, technical or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject.
F
False arrest - Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer.
False pretenses - Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods.
Felony - A serious criminal offense. Under federal law any offense punishable by death or imprisonment for a term exceeding one year.
File - To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case.
Filing Fee - The fee required for filing various documents.
Fine - A sum of money paid as part of a penalty of conviction for a particular criminal offense.
Foreclosure - A court proceeding upon default in a mortgage to vest title in the mortgagee.
Fraud - A false representation of a matter of fact which is intended to deceive another.
G
Grand Jury - A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and if appropriate issue a formal indictment.
Guardian - A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative.
Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself.
H
Habeas corpus - The name of a writ having for its object to bring a person before a court.
Hearing - A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies.
Hearsay - Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Hypothetical question - An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation.
I
Immigrants - Persons who come into a foreign country or region to live.
Immunity - Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.
Incarceration - Imprisonment in a jail or penitentiary.
Incompetent - One who lacks ability, legal qualification, or fitness to manage his own affairs.
Indictment - A written accusation by a grand jury charging a person with a crime.
Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.
Injunction - A prohibitive order or remedy issued by the court at the suit of the complaining party, which forbids the defendant to do some act which he is threatening or attempting to do. Conversely, it may require him to perform an act which he is obligated to perform but refuses to do.
Issue - 1. The disputed pint in a disagreement between parties in a lawsuit. 2. To send out officially, as in to issue an order.
J
Joint and several liability - A legal doctrine that makes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.
Judgment - The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination.
Jurisdiction - The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear.
Jury - A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense.
K
Kidnapping - The unlawful and carrying away of a human being by force and against his will.
Knowingly - With knowledge, willfully or intentionally with respect to a material element of an offense.
L
Lawsuit - An action or proceeding in a civil court; term used for a suit or action between two private parties in a court of law.
Legal process - A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate.
Legitimate - That which is legal, lawful, recognized by law or according to law.
Liable - Legally responsible.
Libel - Published defamation which tends to injure a person's reputation.
Litigation - A lawsuit; a legal action, including all proceedings therein.
M
Malpractice - Any professional misconduct.
Manslaughter - The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm).
Mediation - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
Mens rea - Literally in Latin, "guilty mind." The intent required to commit the crime. It is a prerequisite to conviction for a crime involving a moral wrong, but it is not a prerequisite to conviction for an act that is a crime only because a statute designates it to be a crime, e.g., overtime parking.
Miranda warning - Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the United States Supreme Court.
Misdemeanor - A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary.
Mistrial - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
Mitigation - A reduction, abatement, or diminution of a penalty or punishment imposed by law.
Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.
Motion - An application made to a court or judge which requests a ruling or order in favor of the applicant.
Murder - The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.
N
Naturalization - Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship.
Negligence - Failure to use care which a reasonable and prudent person would use under similar circumstances.
Negotiation - The process of submission and consideration of offers until an acceptable offer is made and accepted.
Nolo contendere - A Latin phrase meaning "I will not contest it." A plea in a criminal case which does not require the defendant to admit guilt, but the defendant does not contest the facts on which the charge is based. Some judges refuse to accept such pleas in criminal cases.
Non compos mentis - Not of sound mind; insane.
Not guilty plea - Complete denial of guilt. In criminal cases, a necessary stage of the proceedings required to preserve all legal issues.
Not guilty by reason of insanity - The jury or the judge must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense.
Notice - Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.
O
Oath - A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made.
Objection - The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.
Opinion - A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. (A per curiam opinion is an unsigned opinion "of the court.")
Order - A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.
Ordinance - A rule established by authority; may be a municipal statute of a city council, regulating such matters as zoning, building, safety, matters of municipality, etc.
Overrule - A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.
P
Paralegal - Also, legal assistant. A person with legal skills who works under the supervision of a lawyer.
Pardon - An act of grace from governing power which mitigates punishment and restores rights and privileges forfeited on account of the offense.
Parole - Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to termination of his sentence.
Party - A person, business, or government agency actively involved in the prosecution of defense of a legal proceeding.
Perjury - The criminal offense of making a false statement under oath.
Plaintiff - A person who brings an action; the party who complains or sues in a civil action.
Plea - The first pleading by a criminal defendant, the defendant's declaration in open court that he or she is guilty or not guilty. The defendant's answer to the charges made in the indictment or information.
Plea bargaining - Process where the accused and the prosecutor in a criminal case work out a satisfactory disposition of the case, usually by the accused agreeing to plead guilty to a lesser offense. Such bargains are not binding on the court. Also referred to as plea negotiating.
Power - Authority to do. One has the power to do something if he is of legal age. Also, used as "powers," the term refers to authority granted by one person to another, i.e., powers given an executor in a will or an agent in a power of attorney.
Power of attorney - An formal instrument authorizing another to act as one's agent or attorney.
Precedent - Laws established by previous cases which must be followed in cases involving identical circumstances.
Probable cause - A reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests.
Probation - An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment.
Prosecutor - A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
Public defender - Government lawyer who provides free legal defense services to a poor person accused of a crime.
Q
Quantum meruit - Expression means "as much as he deserves," and describes the extent of liability on a contract implied by law.
Quid pro quo - What for what; something for something; giving one valuable thin- for another.
Quasi-contract - An obligation created by the law in the absence of an agreement or contract; not based upon the intentions or expressions of the parties.
Quasi-criminal action - A classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against the public punishable through fines but are not usually indictable offenses.
R
Reasonable doubt - An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
Rebut - Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.
Record - All the documents and evidence plus transcripts of oral proceedings in a case.
Recuse - The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.
Redress - To set right; to remedy; to compensate; to remove the causes of a grievance.
Remand - To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.
Removal - The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.
Reply - The response by a party to charges raised in a pleading by the other party.
Res ipsa loquitur - Literally, " a thing that speaks for itself." In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.
Rescission - The unmaking or undoing of a contract; repeal.
Resolution - The formal adoption of a motion.
Respondent - The person against whom an appeal is taken.
Rest - A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.
Retainer - Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he or she retains the attorney to act for them.
Return - A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal.
Reverse - An action of a higher court in setting aside or revoking a lower court decision.
Revoke - To cancel or nullify a legal document.
Robbery - Felonious taking of another's property, from his or her person or immediate presence and against his or her will, by means of force or fear.
Rules - Established standards, guides, or regulations set up by authority.
Rules of evidence - Standards governing whether evidence in a civil or criminal case is admissible.
S
Self-defense - The claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.
Self-incrimination, privilege against: - The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the United States Constitution . Asserting the right is often referred to as "taking the Fifth."
Sentence - The punishment ordered by a court for a defendant convicted of a crime.
Sequester - To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial.
Settlement - An agreement between the parties disposing of a lawsuit.
Slander - Spoken defamation which tends to injure a person's reputation.
Small Claims Court - A state court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.
Standing - The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.
Stare decisis - The doctrine that, when a court has once laid down a principle of law applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same. This is a defining characteristic of the common law system followed in the U.S., Great Britain, and a few other nations.
Status offenders - Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult, i.e., smoking. Also referred to as minors or children in need of supervision.
Statute - Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature.
Statute of limitations - A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue.
Stay - A court order halting a judicial proceeding.
Stipulation - An agreement between the parties involved in a suit regulating matters incidental to trial.
Strict liability - Concept applied by the courts in product liability cases that when a manufacturer presents his goods for public sale, he is representing that they are suitable for their intended use.
Strike - Highlighting in the record of a case, evidence that has been improperly offered and will not be relied upon.
Subpoena - A command to appear at a certain time and place to give testimony upon a certain matter.
Subpoena Duces Tecum - A court order commanding a witness to bring certain documents or records to court.
Substantive criminal law - Law with the purpose of prevention of harm to society which prescribed punishment for specific offenses. The basic law of rights and duties as opposed to "remedial law" which provides methods of enforcement.
Substantive law - The statutory or written law that governs rights and obligations of those who are subject to it.
Summons - Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party.
Suppress - To forbid the use of evidence at a trial because t is improper or was improperly obtained.
Suspension - A temporary loss of the right to practice law by an attorney.
Sustain - A court ruling upholding an objection or a motion.
T
Taxable income - The income against which tax rates are applied to compute tax paid; gross income of businesses or adjusted gross income of individuals less deductions and exemptions.
Temporary restraining order - An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.
Testimony - The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
Third party complaint - A petition filed by a defendant against a third party (not presently a party to the suit) which alleges that the third party is liable for all or part of the damages plaintiff may win from defendant.
Title - Legal ownership of property, usually real property or automobiles.
Transcript - A written, word-for-word record of what was said. Usually refers to a record of a trial, hearing, or other proceeding which has been transcribed from a recording or from shorthand.
Transmittal form - Form required in certain courts for transmitting documents for filing.
Treatise - A formal and systematic book or writing containing a narrative statement on a field of law.
Trial - A judicial examination of issues between parties to an action.
Trial brief - A written document prepared for and used by an attorney at trial. It contains the issues to be tried, synopsis of evidence to be presented and case and statutory authority to substantiate the attorney's position at trial.
Trust - A legal device used to manage real or personal property, established by one person (grantor or settler) for the benefit of another (beneficiary).
Trust agreement or declaration - The legal document that sets up a living trust. Testamentary trusts are set up in a will.
Trustee - The person or institution that manages the property put in trust.
Truth in lending - Statutes which provide that precise and meaningful cost of credit information be provided to the credit customer.
U
Unconscionability - An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party.
Undue influence - Whatever destroys free will and causes a person to do something he would not do if left to himself.
Unfair labor practice - Actions by the employer which interfere with, restrain, coerce, or threaten employees with respect to their rights.
Union - An organization of workers formed for the purpose of collective bargaining.
United States Court of Appeals - Courts which hear appeals from federal district courts, bankruptcy courts, and tax courts.
United States Court of Claims - Court which hears actions against the U.S. Government.
United States District Courts - Courts which try both criminal and civil actions and admiralty cases.
Unliquidated debt - Remaining not determined; unassessed or unsettled; in dispute as to the proper amount.
Unsecured debts - In bankruptcy, debts such as open accounts at department stores for which the debtor has not pledged collateral to guarantee payment.
Usury - Extraction of interest on a loan above the maximum rate permitted by statute.
V
Vacate - To set aside.
Venire - A writ summoning persons to court to act as jurors.
Venue - Authority of a court to hear a matter based on geographical location.
Verdict - A conclusion, as to fact or law, that forms the basis for the court's judgment.
Veterans' Administration - The federal agency which administers a system of benefits for veterans and their dependents.
Visa - An official endorsement on a document or passport denoting that the bearer may proceed.
Void - Invalid; a void agreement is one for which there is no remedy.
Voidable - Capable of being declared invalid; a voidable contract is one where a person may avoid his obligation, as a contract between an adult and a minor.
Voir dire - The preliminary examination made in court of a witness or juror to determine his competency or interest in a matter. Literally, to speak the truth.
Voluntary bankruptcy - A proceeding by which a debtor voluntarily asks for a discharge of his debts under the Bankruptcy Code.
W
Wage Earner's Plan - Also, Chapter 13. A chapter of the Bankruptcy Code which allows a debtor to file a wage earner's plan for payment of a percentage of his debts from future earnings.
Waiver - Intentionally given-up right.
Waiver of immunity - A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.
Warrant - Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.
Warranty - A promise that a proposition of fact is true.
Warranty deed - A deed which guarantees that the title conveyed is good and its transfer rightful.
Will - A legal declaration that disposes of a person's property when that person dies.
Withholding - A tax deducted from a salary, wage, or other income on behalf of the government at the time of payment of wages to the person who pays it.
With prejudice - A declaration which dismisses all rights. A judgment barring the right to bring or maintain an action on the same claim or cause.
Without prejudice - A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal these words maintain the right to bring a subsequent suit on the same claim.
Witness - One who personally sees or perceives a thing; one who testifies as to what he has seen, heard, or otherwise observed.
Words and Phrases Legally Defined - A set of books in dictionary form which lists judicial determinations of a word or phrase.
Worker's compensation - A state agency which handles claims of workers injured on their jobs.
Writ - A judicial order directing a person to do something.
Writ of certiorari - An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Writ of execution - An order of the court evidencing debt of one party to another and commanding the court officer to take property in satisfaction of the debt.
Writ of garnishment - An order of the court whereby property, money, or credits int he possession of another person may be seized and applied to pay a debtor's debt. It is used as an incident to or auxiliary of a judgment rendered in a principal action.
Z
Zoning Commission - Local agencies with jurisdiction to regulate use of properties within their geographic area.
