Glossary of Terms

Abstract of Judgment: A summary of the final decision of a court.

Abstract: A summarized record of the actions taken by a court or other governmental agency.

Accessory: omeone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An accessory is usually not physically present during the crime. For example, hiding a robber who is being sought by the police might make you an "accessory after the fact" to a robbery. Compare accomplice.

Accomplice: Someone who helps another person (known as the principal) commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. An accomplice is guilty of the same offense and usually receives the same sentence as the principal. For instance, the driver of the getaway car for a burglary is an accomplice and will be guilty of the burglary even though he may not have entered the building.

Acquittal: A judgment of a court based on the verdict of a jury or the finding of a judicial officer, that the defendant is not guilty of all offenses in the case.

Active Status: A pending case that is within a court's control for purposes of disposition.

Actus Reus: Latin for a "guilty act." The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

Ad Hoc Vice: An attorney not licensed in California who is allowed to practice only for a single case.

Ad Litem: From the Latin: "For the suit"; for the purpose of the suit.

Adjournment: The act of briefly recessing a court session until another time generally the next court day, or another place.

Administrative Start of Case: For purposes of calculating case processing time, in cases where not actual first appearance before a judicial officer occurs, the case starts at the time the court begins processing the case administratively, including, but not limited to, issuance of notices by mail, first telephone contact in matters resolved by telephone, and appearance by defendant or attorney at clerk's counter.

Admissible Evidence: The evidence that a trial judge or jury may consider, because the rules of evidence deem it reliable. See evidence, inadmissible evidence.

Admission: The voluntary acknowledgement that certain facts do exist or are true, which are, of themselves, insufficient to be considered confessions of guilt.

Admonish: To advise or clarify; to warn or dictate.

Admonition to Jury: Generally, a statement given by a judge to a panel of jurors advising them of their duty and expected conduct as jurors, the admissibility or nonadmissibility of evidence, and the purpose(s) for which admitted evidence might be

Adoption: The judicial act creating the legal parental relationship when no genetic linkage exists.

Affidavit: The written statement of facts, sworn to under penalty of perjury.

Affirm: To make a solemn declaration; an oath used when, for primarily religious purposes, a person does not want to swear to the truth of something.

Aggravate:  To make more serious or severe.

Aggravating Circumstances:  Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.

Alimony: Pousal financial support ordered by the court. Allegation: A statement or assertion made without proof.

Amicus Curiae: From the Latin: "Friend of the court"; a person invited to advise a court on a matter of law in a case to which he or she is not a party.

Answer: A written pleading filed by the responding party in a civil case addressing the facts alleged in the complaint.

Appeal: A request to a higher court for review of a lower court ruling. Generally, limited jurisdictional court matters are appealed to a Superior Court. Superior Court matters are appealed to the Courts of Appeal, and Court of Appeals matters are appealed to the State Supreme Court or a Federal Court.

Appellate Court: A court with the primary function of which is to review judgments of trial courts and Administrative agencies (or in the case of the Supreme Court, to review decisions of Appellate Courts).

Arbitration (Contractual): For statistical reporting purposes, the assignment of a civil case to an impartial person, as required by a contract between the parties, for an abbreviated trial-like proceeding that results in a binding decision. Assignment of a case to contractual arbitration removes the case from the court's control.

Arbitration (Judicial): For statistical reporting purposes, the assignment of a civil case to an impartial person appointed by the court for an abbreviated trial-like proceeding. Assignment of a case to judicial arbitration does not remove the case from the court's control. Judicial arbitration starts on the date on which the Notice of arbitration is mailed and ends on the date the arbitrator's award is filed with court or the arbitrator is removed from the case.

Arraign: To bring the accused to a court for the purpose of entering a plea to the charges(s) against him or her.

Arraignment: The first hearing after an arrest in which the accused is given a copy of the complaint, informed of the charges filed, and advised of his or her constitutional rights.

Arrest: The taking of an adult or minor into physical custody or issuance of a citation by authority of law, for the purpose of charging the person with a criminal offense.

Assault: A threat or attempt to do bodily harm that falls short of actual battery; may or may not include physical violence.

Attorney General:  Head of the United States Department of Justice and chief law officer of the Federal government. The Attorney General represents the United States in legal matters, oversees federal prosecutors, and provides legal advice to the President and to heads of executive governmental departments. Each state also has an attorney general, responsible for advising the governor and state agencies and departments about legal issues, and overseeing state prosecuting attorneys.

Assigned Judge: A judge who provides assistance by performing judicial duties for a court, other than one in which the judge ordinarily serves, as directed by the chairperson of the Judicial Council of California.

At-issuance Memorandum: A document filed by one or more parties in a Superior Court case indicating the case's readiness to be set for trial.

Attachment: The procedure by which a person or a person's property is restrained by court order to secure payment on a judgment.

Attorney of Record: An attorney whose name is in the permanent case record as representing a party in an action.

B

Backlog: The total inventory of cases that have not reached disposition within mandated time frames.

Bail Bond: The document executed to secure the release of a person from custody.

Bail Exoneration: The refund of a bail deposit to the depositor or release of liability to a surety company.

Bail Forfeiture: The retention by court order of a bail deposit for failure to appear in court at an appointed time.

Bail Schedule: A listing of the recommended amount of bail for specific charges. For misdemeanors and infractions, the bail generally refers to traffic fines that are

Bankruptcy: A federal court proceeding started by a person who cannot pay his or her debts and whose remaining property is administered for his or her creditors or distributed among them.

Battery:  A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how severe the injury. A fist fight is a common battery; being hit by a wild pitch in a baseball game is not.

Beginning Pending (cases): For statistical reporting purposes, cases awaiting disposition at the beginning of the current reporting month.

Bench: The total number of judges composing the court collectively.

Bona Fide: From the Latin: "for/in or with good faith."

Beyond a Reasonable Doubt:  The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced "to a moral certainty." The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict.

Blanket Search Warrant:  An unconstitutionally broad authorization from a judge that allows the police to search multiple areas for evidence without specifying exactly what they are looking for.

Bond: An instrument that binds or obligates a person to pay a specified amount of money to another person.

Book (Booking): A process done by law enforcement personnel at the time of arrest that involves fingerprinting and photographing the suspect and collecting personal data.

Brie: A written argument submitted to the court by counsel setting forth facts and /or law supporting his or her client's case.

Burglary:  The crime of breaking into and entering a building with the intention to commit a felony. The breaking and entering need not be by force, and the felony need not be theft. For instance, someone would be guilty of burglary if he entered a house through an unlocked door in order to commit a murder.

Burden of Proof: The duty of a party to produce the greater amount of evidence on a point at issue in a case.

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