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Translation glossary: Law Terms

Creator:
Andrea Moreno
Andrea Moreno
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abandonmentA parent\'s or custodian\'s act of leaving a child without adequate care, supervision, support or parental contact for an excessive period of time. Also, the desertion of one spouse by the other with the intent to terminate the marriage relationship. 
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abstract of recordA short, abbreviated form of the case as found in the record. 
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accessoryA person who assists in the commission of a crime, either before or after the fact. 
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action in personamAn action against the person, founded on personal liability, in contrast to action in rem, an action for the recovery of a specific object, usually an item of personal property such as an automobile. 
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adjudicationGiving or pronouncing a judgment or decree, or the rendering of a decision on a matter before a court. 
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admissible evidenceEvidence which can legally and properly be used in court. 
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admissionA statement tending to establish the guilt or liability of the person making the statement. 
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adversary systemThe system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court. 
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affidavitA written and sworn statement witnessed by a notary public or another official possessing the authority to administer oaths. Affidavits may be admitted into evidence. 
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agentOne who has authority to act for another. 
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alibiA defense claim that the accused was somewhere else at the time a crime was committed. 
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allegationThe assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. 
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Alternative Dispute Resolution (ADR)Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. 
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amicus curiaeA friend of the court; a nonparty who interposes, with the permission of the court, and volunteers information upon some matter before the court. 
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annual reviewYearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement. 
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answerA pleading by which defendant responds to the plaintiff\'s complaint. 
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appealThe bringing of a case to a higher court for review of a lower court\'s order or judgment. 
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appearanceThe formal proceeding by which defendant submits to the jurisdiction of the court. 
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appellantThe party appealing a final decision or judgment. 
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appellate courtA court which hears appeals from a lower court. 
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appellate jurisdictionThe appellate court has the right to review and revise the lower court decision. 
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appelleeThe party against whom an appeal is taken. 
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arraignmentIn a misdemeanor case, the initial appearance before a judge at which the criminal defendant enters a plea; in a felony case, the proceeding after the indictment or bindover at which the defendant comes before a judge in District Court, is informed of the charges, enters a plea, and has a date set for trial or disposition. In Juvenile Court, the first hearing after a petition has been filed. 
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arrest of judgmentPostponing the effect of a judgment already entered. 
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assaultA willful attempt to illegally inflict injury on or threaten a person. 
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assumption of riskIn tort law, a defense to a personal injury suit. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury. 
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attorney of recordAttorney whose name appears in the permanent records or files of a case. 
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bailIn criminal cases, a sum of money posted by or on behalf of a defendant to guarantee his appearance in court after being released from jail; 
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bail bondAn obligation signed by the defendant, with sureties, to secure his/her presence in court; 
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bail bondsmanA person who posts bail in exchange for a fee, usually 10 percent of the total bail. 
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bailiffA court officer whose duties are to keep order in the courtroom and to have custody of the jury. 
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battered child syndrome (B.C.S.)Physical condition of a child indicating that external or internal injuries result from acts committed by a parent or custodian. Also termed Parent Infant Trauma Syndrome (P.I.T.S.). 
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batteryActual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery). 
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bench trialTrial without a jury in which the judge decides the case. 
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bench warrantAn order issued by the court for the arrest of a person. 
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beyond a reasonable doubtEntirely convinced; in a criminal case the defendant\'s guilt must be proven to the jury to this extent. This is the highest burden of proof any party has in any proceeding 
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bind overA judge\'s decision to hold a criminal defendant for trial. 
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briefA lawyer\'s written statement of a client\'s case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client\'s position. 
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burden of proofThe duty to establish a claim or allegation by admissible evidence. This is usually the duty of the plaintiff in a civil case and always is the duty of the state in a criminal case. 
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burglaryThe unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. 
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calendarA court\'s list of cases for arraignment, hearing, trial or arguments. 
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captionThe heading or introductory clause of papers connected with a case in court, which shows the names of the parties, name of the court, docket number of the case, etc. 
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case lawThe law made by courts interpreting cases and laws as opposed to law made by legislatures. In the American system, the primary sources of law are 1) constitutions, 2) statutes/regulations, and 3) case law. 
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cause of actionA claim in law in fact sufficient to justify a legal right to sue. 
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certificationGenerally used to refer to the process of transferring a minor\'s case from the Juvenile Court to the adult court for trial. Usually reserved for capital or first degree felonies or for chronic offenders. 
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certiorariSee writ of certiorari. 
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challenge to the arrayQuestioning the qualifications of an entire jury panel, usually on the grounds of partiality or some fault in the process of summoning the panel. 
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chambersA judge\'s private office in the courthouse. 
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change of venueThe removal of a suit begun in one county or district to another for trial, or from one court to another in the same county or district. In criminal cases, for example, a change of venue will be permitted if the court feels the defendant cannot receive a fair trial where the court is located. 
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chargeThe statement accusing a person of committing a particular crime. Also the judge\'s instructions to the jury on its duties, on the law involved in the case and on how the law in the case must be applied. 
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