The following legal terms are derived from: http://www.womenslaw.org/.
*Legal Definitions (A through L)
abuse (domestic abuse, domestic violence, family abuse, family violence) -- Each state defines abuse or domestic violence differently. For the legal definition in your state, please select your state from the top, left-hand corner of the website, and go to the "How to Get a Restraining Order" page.
acquit -- To find not guilty.
adjudication -- The entry of a decree or an order by a court. The legal process of resolving a dispute.
alimony -- Money or other financial support awarded to a spouse in a divorce action for his or her separate support. lt is usually awarded only where one spouse has been dependent on the other or has less earning power than the other and for a temporary period of time. Also called spousal support.
annulment -- A court declaration that a marriage is invalid or nonexistent. Courts annul marriages where fraud bigamy, impotence, or other serious problem has occurred. It means that the marriage never occurred legally. Church annulments are not the same as legal annulments.
arraignment -- The initial court proceeding, in which the state formally charges the defendant with a crime, and in which the defendant usually pleads guilty or not guilty.
arrest -- The initial step in the criminal justice process, in which the state deprives a suspect of her freedom due to alleged violations of criminal law.
assess -- To figure out a sum of money and charge it to another.
assignment -- To award a debt or benefits to another person. For example, a husband who does not pay child support can be forced to assign his wages to the court for his children.
asylum -- The granting of protection against return to a refugee; can lead to lawful permanent resident status and eventually to citizenship.
attorney -- Legal advocate who is licensed to practice law in the state you are going to court in. Attorneys and lawyers are the same; these terms are used interchangeably.
attorney general -- (AG) Head of the state agency responsible for prosecuting violations of state laws. The AG's office is the State's law firm for civil matters. The AG's represent the State, either defending the State, or bringing lawsuits on behalf of the State.
bail -- Money or other security pprovided by the defendant, or by others on her behalf, to assure that she will appear at the required stages of the trial process.
bench warrant -- a warrant that a judge issues for someone's arrest. A judge may issue a bench warrant in a number of circumstances, including when someone does not obey a court order or fails to come to a court hearing that s/he was ordered to come to.
bench warrant -- a warrant that a judge issues for someone's arrest. A judge may issue a bench warrant in a number of circumstances, including when someone does not obey a court order or fails to come to a court hearing that s/he was ordered to come to.
book -- To enter into police records a suspect's name and the crime for which he was arrested.
clerk -- The court official who keeps court records and files.
commonwealth's attorney -- Equivalent of state's attorney who prosecutes felony crimes in their respective counties within the commonwealth of Kentucky. It is possible that this term is also used in other states that are also known as Commonwealths.
commonwealth's attorney -- Equivalent of state's attorney who prosecutes felony crimes in their respective counties within the commonwealth of Kentucky. It is possible that this term is also used in other states that are also known as Commonwealths.
competent -- Able to make decisions. The court may decide if a person is competent or incompetent. If someone is incompetent, the court may appoint a legal guardian.
consent -- Free and willing agreement. (eg., A "consent order" is made when both parties agree to the terms of the order and then the judge signs off on it.)
consortium -- The services of a spouse. Services include household tasks one spouse performs for another and/or in addition to sexual services. (Term is used in law suits for "loss of consortium" where one spouse loses the services of the other and can sue for damages. Available only in some states.)
contempt of court-- Committed by a person who intentionally disobeys a court order, acts in a way that does not respect the authority and dignity of the court, or fails to follow a court order.
continuance -- The postponing (rescheduling for later) of a court hearing. If you ask a judge for a continuance, s/he may or may not give it to you.
convey -- To give, sell, or transfer to another person.
court -- Place where civil and criminal trials are held.
court officer -- An officer of the court who protects the judge; is in charge of the accused person while he is in the courtroom; and looks after the jurors.
court reporter -- A legal stenographer who records what happens during official court proceedings.
criminal case -- A legal proceeding brought by the state, county, or city against someone, charging the person with a crime.
damages -- An award of money to the winning party in a lawsuit. Actual damages are out-of-pocket expenses such as lost wages or hospital bills. Actual damages in some cases may include an award for psychological harm. Punitive damages are an award to punish the wrongful party for willful improper action.
default judgment -- A judgment made against someone who did not defend himself/herself against a claim. For example, someone asking the Court for a restraining order may get one by default judgment if the accused abuser does not come to court.
defraud -- To cheat or steal by false representation.
defendant -- person with charges or a lawsuit against him or her. This term is used in both criminal and civil cases. (The defendant is also sometimes called the "respondent.")
defense attorney -- The lawyer who represents the defendant.
delinquent -- person under 16 years old who commits a crime.
district attorney -- The attorney(s) employed by the state to prosecute people for state criminal offenses. Also known as prosecutors, they represent the state. A city government may also have attorneys assigned to prosecute city charges. These people function like district attorneys on a local level.
domestic violence -- Each state defines domestic violence differently. For the legal definition in your state, please select your state from the top, left-hand corner of the website, and go to the "How to Get a Restraining Order" page.
domicile -- The place where you live.
emancipation -- The process by which a minor child is declared to be an "adult" by a court of law. The child must petition the court for this right. The age at which you can file for emancipation is set by law in each state.
evidence -- proof; witnesses' testimony; written statements or physical objects that someone presents at trial to make his or her case.
testimonial evidence -- Statements that witnesses make under oath at a trial.
demonstrative evidence -- Physical items that the parties introduce at trial, such as records, documents, exhibits, and objects such as guns or other weapons.
ex parte -- On one side only. (EX: A judicial proceeding or order is said to be "ex parte" when it is taken or granted for the benefit of one party only, and without notice to any other person adversely affected. For example, you might have an "ex parte" hearing on your request for a restraining order during which a judge listens ONLY to your side and then can grant you the order without the defendant (your abuser) present. The order will be temporary until the judge can hold a full court hearing with the defendant present to tell his side of the story.)
examination -- The questioning of a witness by a lawyer at a trial or deposition. When the lawyer calls a witness for their case and questions the witness, the questioning is called direct examination. When the opposing lawyer questions the same witness, the questioning is called cross-examination.
false imprisonment -- The unlawful detainment of another person. This happens when one person deprives another of freedom of movement by holding that person in a confined space or by physical restraint. Examples include being locked in a car without opportunity to get out, being tied to a chair, or being locked in a closet.
felony -- A serious criminal offense such as murder, for which the sentence can include imprisonment for more than a year.
frivolous-- A pleading or claim is frivolous if no rational or reasonable arguments can be made to support the claim, and its purpose was to delay the court or embarass the opponent.
grand jury -- A group of 23 citizens who decide whether there is "reasonable cause" to believe the defendant has committed a crime and whether an indictment should be issued.
guardian ad litem -- The person assigned by the court to represent the interests of a minor child or incompetent person in legal proceedings. In some states, such as Massachusetts, guardian as litems are appointed by the court to perform investigations or evaluations in custody cases, and to make reports to the court, sometimes with recommendations.
impound -- To seize and take into custody of the law or of a court.
Indian tribe -- The term ''Indian tribe'' means any Indian tribe, band, nation, pueblo, or other
organized group or community which administers justice or plans to administer justice under its inherent authority or the authority of the United States and which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians.
indictment -- A written accusation by a grand jury charging an individual with a crime, generally a felony.
injunction -- A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury.
liable -- Legally responsible.
judge -- The person who is appointed to decide cases and to make sure that legal procedures are followed in the courtroom.
jurisdiction -- Authority of a court to listen to and decide cases. Each court has the authority to hear certain cases. State and federal laws determine which subjects courts may decide and whether the court's decision will be binding on someone who lives in another state.
jury -- A group of people who determine the guilt or non-guilt of the defendant. The lawyers screen the jury to make sure the people on it are neutral (impartial).
