Glossary of Terms

Jeopardy: The danger of conviction and punishment faced by a defendant when an indictment/information is filed and a jury is impaneled in a court of jurisdiction.

Joinder: A coupling or joining together of multiple causes or parties into a single suit.

Judgment: In a civil case, an official determination by the court regarding the rights and obligations of the parties to the case following a court trial, a jury verdict, or other resolution of the case. In a criminal case, a sentence.

Judicial Council: Body of judges, legislators, and attorneys whose responsibility is the administration of the state's judicial system by standardizing court administration, practice, and procedure.

Judicial Officer: A person vested with judicial authority. Judicial officers include judges, senior judges, and temporary judges, as well as subordinates such as court scommissioners, referees, magistrates and masters.

Jury Commissioner: The local official responsible for providing lists of qualified prospective jurors to the court.

Jury Nullification: A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in "three strikes" cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

Jury Roster: A list of all the potential jurors asked to appear before the court for selection; the list of jurors impaneled for a case.

Jury Trial: A trial in which a group of citizens is impaneled to determine the issues of fact in a case.

Jury: A group of citizens selected according to law and impaneled to determine the issues of fact in a case. Can be: (1) grand, i.e., body of citizens who determine whether probable cause exists that a crime has been committed and whether an indictment should be issued; (2) hung; i.e., a jury that is unable to agree on a verdict after a suitable period of deliberation; (3) petit (or trial), i.e., an ordinary jury for the trial of a criminal or civil action; or (4) special, i.e., a jury ordered by the court, on the motion of either party, in cases of unusual importance or intricacy.

K

Keeper: An officer appointed by the court to negotiate custody of money or property legally seized in connection with a pending case.

Keeper Levy: A judgment enforcement procedure in which the levying officer takes over the operation of a judgment debtor's business for a limited duration to obtain cash and credit card receipts for payment to the judgment creditor.

L

Larceny: Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the intent to permanently deprive the owner of the property. If the taking is non forceful, it is larceny; if it is accompanied by force or fear directed against a person, it is robbery, a much more serious offense.

Letters of Conservatorship: A court document that states that the conservator is authorized to act on the conservatee's behalf. Also called Letters.

Levy: To raise, collect, or seize by legal process.

Lewd: Any conduct that is considered indecent or offensive. Today the term is often used when referring to pornography, prostitution and indecent exposure.

Libel: False and malicious written, printed, or published material that is defamatory and injuries the reputation of an individual.

Liability:

(1) The state of being liable--that is, legally responsible for an act or omission.

Example:

Peri hires Paul to fix a broken pipe in her bathroom, but the new pipe bursts the day after Paul installs it, ruining the bathroom floor. This raises the issue of liability: Who is responsible for the damage? Peri claims that Paul is responsible, and sues him for the cost of hiring another plumber to fix the pipe and replacing the floor. Paul, in turn, claims that the pipe manufacturer is responsible, because they supplied him with faulty materials. Both Peri and Paul must prove their claims in court; if Paul and/or the manufacturer is found liable, one or both will have to pay damages to Peri.

(2) Something for which a person is liable. For example, a debt is often called a liability.

 

License Hold: The action taken to prevent a driver's license renewal pending settlement of a legal matter.

Lien: A claim that bars the sale or transfer of specific property until payment of a debt or obligation is made.

Lineup: A procedure in which the police place a suspect in a line with a group of other people and ask an eyewitness to the crime to identify the person he saw at the crime scene. The police are supposed to choose similar-looking people to appear with the suspect. If the suspect alone matches the physical description of the perpetrator, evidence of the identification can be attacked at trial. For example, if the robber is described as a Latino male, and the suspect, a Latino male, is placed in a lineup with ten white males, a witness' identification of him as the robber will be challenged by the defense attorney.

Lis Pendens: From the Latin:" a pending suit"; jurisdiction of a court over property until final disposition.

Litigants: The parties involved in a lawsuit. Litigation: A lawsuit.

M

Magistrate: A judicial officer having the power to issue a warrant for the arrest of a person charged with a public offense. Judicial officers exercising magisterial authority include justices of the Supreme Court and Courts of Appeal, and judges of the Superior Courts.

Malfeasance: Performance of an act that should not have been done at all.

Manslaughter: The unlawful killing of a person without any deliberation. Can be voluntary, i.e., the unlawful taking of human life under circumstances falling short of premeditated intent to kill, or involuntary, i.e., the unintentional taking of human life as a result of performing an unlawful act or negligently performing a lawful act.

Master: A judicial officer who acts with limited legal authority as directed by a court or commission - e.g., special masters assigned by the Supreme Court, on the request of the Commission on Judicial Performance, to hear matters related to the removal of a judge.

McNaghten Rule: The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.

Mediation: A non-binding process in which a neutral person facilitates communication between disputants to assist them in reaching a mutually acceptable settlement.

Memorandum to set: Document filed by one or more parties in a court case indicating readiness for trial. This document is referred to as the "at-issue memorandum."

Mens Rea: The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

Misdemeanor: A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

A crime, other than a felony or an infraction, punishable by payment of a fine or by imprisonment not to exceed one year in the county jail or both. Misdemeanors are generally categorized as follows:

Group A: Includes non-traffic misdemeanor violations of the Penal Code and other state statutes, but excludes Fish and Game Code violations and intoxication complaints.

Group B: Includes non-traffic misdemeanor violations of local city and county ordinances, Fish and Game Code violations, and intoxication complaints.

Group C: Includes violations of Vehicle Code sections 20002 (hit and run, property damage), 23104 (reckless driving, causing injury) and 23152 (driving under the influence of alcohol or drugs).

Group D: Includes all traffic misdemeanor violations that are not included in the Group C misdemeanor category.

 

Minor: A person who is under eighteen years of age.

Minute Order: The official permanent record of a court proceeding: e.g., witnesses appeared, what motions were made, and what findings were reached.

Miranda Warning: Refers to a United States Supreme Court decision requiring that at the time of arrest, and before questioning, a person be advised of certain rights against self-incrimination.

Misfeasance: Improper performance of an act that might have been lawfully done.

Mistrial: A trial that has been terminated and declared void due to prejudicial error in proceedings or other extraordinary circumstances.

Modification: A change or alteration.

Moot: An abstract point or question that is not resolved by a judge because it is not disputed by either party or because it has already been resolved out of court.

Motion: An oral or written request made by a party to the court for a ruling or an order on a particular point. A motion to reduce bail is a request to decrease the amount of bail needed to guarantee that the defendant will appear in court when required. A motion to release on own recognizance is a request to release a defendant without bail, dependent upon agreement to appear when the court so orders. A motion to set is an application made to the judge to set a date for a future trial. A motion to quash is a request to make something void or ineffective, such as to quash a subpoena.

N

Negligence: The failure of a person to use that degree of care in a given situation which by law one is obligated to use in order to protect the rights and property of others.

Nolo Contendere: From the Latin: "I do not wish to contest"; a statement of implied guilt that holds true only for a criminal action and cannot be used as an admission of guilt in a civil suit for the same offense.

Nonfeasance: Failure to perform an act for which one is legally responsible. Nonservice: Status in which a summons or warrant is issued but not served.

Notary Public: A person authorized under civil law to administer oaths, to attest and certify that certain documents are authentic, and to take depositions.

Notice: A written announcement or warning.

Notice of Conditional Settlement: Written notice to a court that removes a case from the court's control pending occurrence of the terms upon which settlement and dismissal of or judgment in the case are conditioned.

Notice of Non-Compliance with or Completion of Conditional Settlement: Written notice to a court that the terms of a conditional settlement either have not been complied with or have been completed. Filing of this notice acts to restore the case to the court's control.

Nullity: The act of legally invalidating marriage; annulment.

Nunc Pro Tunc: From the Latin: "Now for then "; used when an order is issued on one date but is effective retroactively.

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