Glossary of Terms

Rebuttal: Evidence presented at trial by one party intended to overcome evidence introduced by another party.

Recess: A brief adjournment in a trial ordered by the judge.

Record: A written account of the proceedings in a case, including all pleadings, evidence and exhibits submitted in the course of the case.

Record on Appeal: A copy of the pleadings, exhibits, orders, or decrees filed in a case in a trial court as well as a transcript of the testimony taken in the case.

Records Retention and Disposal Schedules: A system or plan covering all records kept by a court, which states what may be disposed of and when.

Record Sealing: A request for an order by the court to "seal" the record of a misdemeanor conviction. In order to be eligible, the offense must have been committed before a defendant's 18th birthday and a release of penalties order must have been previously granted. A sealing order involves closing all conviction, charge, and arrest records or any other records related to the matter in question. Once an order is made to seal the record, the misdemeanor is deemed to never have happened in the eyes of the law.

Referee: A person appointed by the court to hear and make decisions on certain limited legal matters: e.g., juvenile or traffic.

Referral: Generally refers to an alternate disposition program: e.g., Children's Protective Services, Drug/Alcohol Rehabilitation.

Referral Order: A court order which refers a case to another court or outside agency for a factual determination necessary before proceeding with the case, but which does not fit the definition of "transfer." Examples of such referrals are 1) Referral to a probation department to determine a criminal defendant's eligibility for participation in a diversion program; 2) Referral of a defendant for psychiatric evaluation by a court-appointed physician.

Register of Actions: The official permanent court record of actions of civil cases, including small claims.

Reinstated Bail: Bail previously forfeited, exonerated, or reduced that is now reestablished in its original amount.

Remand: (1) The act of an appellate court sending a case to a lower court for further proceedings; (2) to return a prisoner to custody.

Remanding Order: An order to the sheriff directing that a defendant be held in custody until his or her next court appearance, pending the posting of bail.

Remittitur of Record: The transfer of the records of a case from a Court of Appeal to the original trial court for further action or other disposition as ordered by the appellate court.

Report and Sentence: The proceeding in a criminal case following conviction in which the judge reviews the probation report and imposes sentence on the defendant.

Request for Admission: A method of discovery in which one party formally and in writing, asks the opposing party to admit the truth of certain facts relevant to a case.

Respondent: The person against whom an appeal is made; the responding party in a dissolution, nullity, adoption, or probate matter.

Restitution: The act of restoring or giving the equivalent value to compensate for an injury, damage, or loss.

Restraining Order: A time-limited court order that directs a person to stop doing something until a formal hearing is held to determine an outcome.

Revocation: The act of voiding or canceling something, usually probation or a driver's license. (Time Limit) A time frame set by law in which certain actions are required to occur unless waived by the plaintiff.

S

Sanction: (1) To concur, confirm, or ratify. (2) A penalty or punishment to enforce sobedience to the law.

Satisfaction: Payment of amount of judgment by the losing party.

Sealed Record: A record closed by a court to further inspection by anyone unless further ordered by the court.

Search Warrant: An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue the warrant unless she has been convinced that there is probable cause for the search -- that reliable evidence shows that it's more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations the police may search without a warrant, but they cannot use what they find at trial if the defense can show that there was no probable cause for the search.

Seizure: The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a robbery. The police must generally obtain a search warrant, or court order, before they can seize personal property.

Self-Defense: An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.

Self-Incrimination: The making of statements that might expose you to criminal prosecution, either now or in the future. The 5th Amendment of the U.S. Constitution prohibits the government from forcing you to provide evidence (as in answering questions) that would or might lead to your prosecution for a crime.

Senior Judge: A special category of retired judges who has elected to participate in the Senior Judge Program and serve full-time on assignment by the Chairperson of the Judicial Council, in return for the equivalent of full pay.

Sentence: The formal pronouncement by a court stating the punishment to be imposed on a person convicted of a criminal offense.

Sequester: To separate from, as in to sequester assets or to sequester witnesses during a trial. To keep secluded.

Service of Process: The act of delivery of an order or summons to the intended person.

Settlement: An agreement reached among the parties that resolve the case at any time before court findings or a jury verdict.

Severance of Actions: To separate multiple criminal actions, defendants, causes of action, or cross -complaints for separate trials.

Show Cause: A court order directing a person to appear in court and present any evidence why the remedies stated in the order should not be confirmed or executed. A show cause order is usually based on a motion and affidavit asking for the judge to make certain decisions.

Sine Die: From the Latin: "Without a day"; without assigning a specific day for further hearing.

Slander: Oral defamation of a person's character or reputation through false or malicious statements.

Small Claims Case: A minor civil case for monetary judgment.

Small Claims Court: All civil cases claiming monetary awards of $5,000 or less and certain unlawful detainer actions. In such cases, there are no attorneys, no rules of evidence, no juries, and no formal findings.

Specific Intent: An intent to produce the precise consequences of the crime, including the intent to do the physical act that causes the consequences. For example, the crime of larceny is the taking of the personal property of another with the intent to permanently deprive the other person of the property. A person is not guilty of larceny just because he took someone else's property; it must be proven that he took it with the purpose of keeping it permanently.

Spousal Support: Financial allowance from one spouse to the other ordered by the court during separation or dissolution of marriage; alimony.

Statement of Facts: Any written or oral declaration of facts in a case.

Statute: Any written law passed by a state or federal legislative body.

Statute of limitations: A law that sets the deadline by which parties must file suit to enforce their rights. For example, if a state has a four-year statute of limitations for breach of a written contract, and "John" breached a contract with "Susan" on January 1, 2001, Susan must file her lawsuit by January 1, 2005. If the deadline passes, the "statute of limitations has run" and the party (Susan, in the example) may be prohibited from bringing a lawsuit; also expressed as the claim being "time-barred." There are very limited conditions under which a statute may be extended or "tolled."

Stay Order: An order issued by a court halting court proceedings until a further event takes place.

Stipulation: An agreement relating to a pending court proceeding between parties or their attorneys.

Strike: To delete or remove.

Sua Sponte: From Latin: "Of its own will." Commonly used when a judge does something without being so requested by either party in a case.

Subpoenas: An official order to attend court at a stated time. The most common use of the subpoena is to summon witnesses to court for the purpose of testifying in a trial. (Duces Tecum) A subpoena that, in addition to compelling the appearance of a witness, commands that specific documents be produced at the time of appearance.

Subrogate: To substitute one person in place of another with reference to a legal claim.

Summary Judgment: A court decision made on the basis of statements and evidence presented for the record without a trial. It is used when there are no factual disputes to resolve in the case. Summary judgment is granted when, on the undisputed facts in the record, a party is entitled to judgment in their favor as a matter of law.

Summons: A notice to a defendant that an action against him or her has been commenced in the court and that a judgment will be taken against him or her if the complaint is not answered within a certain time.

Superior Court: The court of general and limited jurisdiction in each county of the State of California. Superior Courts sit as probate court, juvenile court, family law court, and conciliation court. Superior Courts have trial jurisdiction over all felony cases, and all civil matters and also act as appellate courts by reviewing decisions of limited jurisdictional matters.

Suppress: To stop or put an end to someone's activities. To suppress evidence is to withhold it from disclosure or publication.

Supreme Court: In California, the appellate court of last resort that has final jurisdiction over all appeals within the state, and which exercises limited original jurisdiction.

Surety Bond: An insurance policy taken out by a defendant to ensure bail required for the defendant's release should he or she fail to make court appearances.

Suspend: To postpone, stay, or withhold certain conditions for a temporary period of time.

Suspended Sentence: In criminal law, this means in effect that the defendant is not srequired at the time the sentence is imposed to serve the sentence.

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