A categorized list of cases to be heard in a court at specific dates and times; to assign a date, time, and court to a case. Calendars are publicly posted in court lobbies.
The legal rules that regulate the practices and procedures in state court.
California Jury Instructions for Criminal matters.
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more "special circumstances" that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.
The decision by a jury, in the second phase of a capital case, that the convicted defendant should be put to death.
The heading on all pleadings submitted to the court. It states information such as the case name, court, and case number.
The folder that contains the official court documents for a specific case.
The process of effectively managing cases from initial filing through final disposition.
A unique identification number assigned to a case.
The five major case classifications: felony, misdemeanor, general civil, small claims, and unlawful detainee.
The number of cases a judge handles in a specific time period.
The charges or counts that make the basis for a case.
From the Latin: "Let the Buyer beware."
Referring a case to Superior Court for sentencing after a felony guilty plea.
A written order by a judge that transfers the jurisdiction of a case to another court.
An official copy of a particular document from a case file that is notated as a true, complete, and authentic representation of the original document.
Reasons given by an attorney to support a request that a potential juror or judge be removed from service on a particular case.
The right of a party to object to or dispute something.
The transfer of a civil or criminal case from one judicial district to another.
In criminal law, the formal statement of each accusation against a defendant.
An article of personal property.
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.
An official order from the court notifying a defendant/respondent of the charges being made, and commanding the defendant to appear in court and /or post sbail.
A condition in which a defendant is not in custody but has signed a citation agreeing to appear in court on a specified day.
A law enforcement agency, such as the Sheriff, City Police or the California Highway Patrol that has the power to arrest persons for violations of the law.
A broad classification category that includes cases requesting the enforcement or protection of a right, or the redress or prevention of a wrong.
An officer appointed by the judges of the court to assist in managing the flow of cases through the court, maintain court records, handle financial matters, and provide other administrative support.
A publication that contains the laws regarding general legal topics: e.g., the Code of Civil Procedure, the Civil Code, the Vehicle Code, the Penal Code, the Health and Safety Code.
A supplement or amendment to a Will.
A court order directing that a person be kept in custody, usually in a penal or mental institution.
An order from a Superior Court finding a defendant mentally competent to stand trial and directing that criminal case processing proceed.
For statistical reporting purposes, the first written document filed with the court on behalf of the plaintiff.
A formal written document filed in court by a prosecutor, law enforcement officer, or other person, alleging that a specified person has committed a specific offense.
Sentences served at the same time: e.g., concurrent sentences of 10 years and 5 years equal a total of 10 years served.
Information exchanged between two people who (1) have a relationship in which private communications are protected by law, and (2) intend that the information be kept in confidence. The law recognizes certain parties whose communications will be considered confidential and protected, including spouses, doctor and patient, attorney and client, and priest and confessor. Communications between these individuals cannot be disclosed in court unless the protected party waives that protection. The intention that the communication be confidential is critical. For example, if an attorney and his client are discussing a matter in the presence of an unnecessary third party -- for example, in an elevator with other people present -- the discussion will not be considered confidential and may be admitted at trial. Also known as privileged communication.
Refers to an official record statutorily defined as unavailable for public review. Generally, such records may include adoption, juvenile, mental health conservatorship, and some family law records, and adult criminal probation reports.
To receive or endorse file copies of an original document.
Two or more sentences served continuously, one right after another: e.g., consecutive sentences of 10 years and 5 years equal a total of 15 years served.
A person who is unable to care for him or herself and who has a court appointed caretaker.
A person appointed by the court to take care of a conservatee and/or property of one who is unable to care for himself.
The grouping of multiple cases involving the same parties.
The fundamental law of our nation that establishes the conception, character, and organization of its sovereign power and the manner of its exercise. Also, the document that contains the guiding rules and principles, the descriptions of the power of the government, and the essential rights of the people of a country or state or
An act or omission that obstructs the orderly administration of justice or impairs the dignity, respect, or authority of the court.
An act or omission that obstructs the orderly administration of justice or impairs the dignity, respect, or authority of the court. May be demonstrated in behavior that shows intentional disregard or disobedience of a court order, either of which may be punishable by fine or imprisonment.
A kind of case in which evidence is introduced by both parties.
An item that is illegal to possess, produce or distribute.
An agreement between two or more persons that creates, changes, or eliminates a legal relationship.
To transfer title to property; to make known or communicate.
A determination of guilt based on a plea, a jury verdict or a finding by a judicial officer against a criminal defendant.
Latin for the "body of the crime." Used to describe physical evidence, such as the corpse of a murder victim or the charred frame of a torched building.
An award of money for expenses in a civil suit.
A person qualified to represent clients in a court of law and to advise them in legal matters.
Each distinct statement of cause of action.
An independent cause of action by one party (either a plaintiff or a defendant) that opposes or offsets a previous claim made by the other party.
A lawyer who is elected to represent a state government in criminal cases in a designated county or judicial district. A D.A.'s duties typically include reviewing police arrest reports, deciding whether to bring criminal charges against arrested people and prosecuting criminal cases in court. The D.A. may also supervise other attorneys, called Deputy District Attorneys or Assistant District Attorneys. In some states a District Attorney may be called a Prosecuting Attorney, County Attorney or State's Attorney. In the federal system, the equivalent to the D.A. is a United States Attorney. The country has many U.S. Attorneys, each appointed by the President, who supervise regional offices staffed with prosecutors called Assistant United States Attorneys.
A person holding executive power in a Court.
The intermediate appellate court that reviews decisions of the Superior Courts and exercises limited original jurisdiction.
A certified stenographer who transcribes a verbatim record of certain court proceedings and who must provide a written record upon demand.
An embossed seal press or stamp that prints or embosses a seal on court documents that will reproduce legibly in photocopies and may include the name of the judicial district or state upon it.
A trial in which there is no jury and in which a judicial officer determines both the issues of fact and the law in the case.
A computer-generated notice, generally sent for traffic violations, to advise a defendant of a court appearance, date, bail information, etc.
odomy; oral or anal copulation.
A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defined by Congress and state legislatures.
A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.
The name of the document, sometimes called a criminal complaint or petition in which a prosecutor charges a criminal defendant with a crime, either a felony or a misdemeanor. The information tells the defendant what crime he is charged with, against whom and when the offense allegedly occurred, but the prosecutor is not obliged to go into great detail. If the defendant wants more specifics, he must ask for it by way of a discovery request. Compare indictment.
A mental defect or disease that makes it impossible for a person to understand the wrongfulness of his acts or, even if he understands them, to ditinguish right from wrong. Defendants who are criminally insane cannot be convicted of a crime, since criminal conduct involves the conscious intent to do wrong -- a choice that the criminally insane cannot meaningfully make. See also irresistible impulse; McNaghten Rule.
Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.
The examination of a witness who represents the other side of a controversy at a trial, hearing, or deposition.
A list of the names of people in custody in various detention facilities who have to be transported by the sheriff for a court appearance on a specific day; may also be called "transportation list."
To put under the restraint and physical control of the court to insure appearance in court or to imprison an accused after a criminal conviction.
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An award of money paid by the losing party to the winning party to compensate for losses or injuries incurred. Can be compensatory, i.e., money paid as compensation for the actual cost of an injury or loss; or punitive/exemplary, i.e., an amount of money greater than the actual damages suffered that serves as punishment for willful or malicious acts by a defendant.
Trying a matter again as if it had not been heard before; from thes Latin for "about the new."
In criminal law, refers to the victim of a homicide; in probate matters, refers to a deceased person.
A judgment or decree that settles a legal issue.
A formal document, not necessarily made under oath, setting forth that facts that support a party's legal allegations.
A court decision that can be either (1) interlocutory, i.e., a preliminary finding before final disposition, or (2) final, i.e., a final judgment in which all issues of a case are settled.
The offense of injuring a person's character, fame, or reputation by false and malicious unprotected statements.
Disposition entered when a person fails to appear in or respond to plaintiff's action.
The failure to appear, to defend, or to follow proper procedure in a lawsuit.
The person against whom a lawsuit is filed. In certain states, and in certain types of lawsuits, the defendant is called the respondent. Compare plaintiff, petitioner.
To consider all the evidence and arguments presented in regard to a particular matter.
This is when a jury goes into the jury room to think about and discuss evidence and testimony to reach a verdict in a civil or criminal case.
A minor, i.e., a person under the age of 18 years, who has committed an offense and whose custody is controlled by the court.
The motion to dismiss a lawsuit on the grounds that, although the opposition statements may be true, they are insufficient to prove legal responsibility or obligation.
Testimony, either written or oral, given under oath before an authorized third party. A deposition is given outside of court for the purpose of preserving testimony, or obtaining testimony from a witness living at a distance, and to aid in the preparation of pleadings.
To put a person in prison or jail or otherwise confine him as punishment for committing a crime.
Temporary custody of an adult or juvenile while the court forms a final decision.
A judgment or decision by a court ending a lawsuit or controversy.
Dictum: A cited case that is relative but not necessary to the case determination.
Questioning of a witness by the party on whose behalf the witness was called to testify.
The gathering of information (facts, documents, or testimony) before a case goes to trial. Discovery may take the form of depositions, interrogatories, or requests for admissions, or it can take place more informally through independent investigation or conversations with opposing counsel.
The disposition that occurs when a court orders discharge without further scourt hearing. "With Prejudice" bars the right to ever bring a lawsuit on the same claim or cause. "Without Prejudice" disposes of the particular lawsuit before the court but permits a new lawsuit to be brought based on the same claim or cause.
Refers to the disqualification (usually voluntary) of a judge from hearing a case, generally based on any interest that may impair the ability of the judge to decide the case in a fair and impartial manner.
The act of terminating a marriage; divorce.
A lawyer who is elected to represent a state government in criminal cases in a designated county or judicial district. A D.A.'s duties typically include reviewing police arrest reports, deciding whether to bring criminal charges against arrested people and prosecuting criminal cases in court. The D.A. may also supervise other attorneys, called Deputy District Attorneys or Assistant District Attorneys. In some states a District Attorney may be called a Prosecuting Attorney, County Attorney or State's Attorney. In the federal system, the equivalent to the D.A. is a United States Attorney. The country has many U.S. Attorneys, each appointed by the President, who supervise regional offices staffed with prosecutors called Assistant United States Attorneys.
The procedure of postponing prosecution of a criminal offense, either temporarily or permanently, at any time in the judicial process from the time of initial charge until adjudication.
The permanent, cumulative record of all proceedings of a case as required by law; a list of cases on a court's calendar.
The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).
See Driving Under the Influence.
See Driving Under the Influence.
Administration of the law that constitutionally guarantees every person the protection of a day in court, representation by an attorney, and court procedures that are speedy, fair and impartial.
See Driving Under the Influence.
See Driving Under the Influence.
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