Glossary: Dd through Ll

- D -
DAMAGES:

An award of money paid by the guilty party to the injured party to compensate for losses or injuries incurred.

DECEDENT:

Refers to a dead person.

DECISION:

A judgment or decree issued by the court which settles a controversy.

DECLARATION:

A statement that presents facts. An affidavit is given under oath while a declaration is not.

DEED:

A conveyance of realty, a writing signed by grantor, whereby title to realty is transferred from one to another.

DEEM:

To consider or be of opinion, e.g., to deem it necessary.

DEFAULT:

A term meaning the failure to appear, to defend, or to follow proper procedure in a lawsuit.

DEFENDANT:

The accused person or party; the person named as the wrong-doer in a civil or criminal action.

DISPOSITION:

The final settlement by the court in a controversy.

DIVERSION:

An alternative sentence (rather than jail) where a defendant is placed in a program, supervised by Probation or District Attorney.

DOCKET:

A permanent, abbreviated record of the courtroom proceedings of a case, kept in the court file.

DUCES TECUM:

Bring with you, a subpoena duces tecum is a writ in which a witness is ordered to produce certain things at a trial.

DUE PROCESS:

The regular course of administration of law through the courts. A constitutional guarantee of due process requires that every person have the protection of a day in court, representation by an attorney, and the benefits of procedures that are speedy, fair and impartial.

- E -
EMBEZZLEMENT:

The fraudulent conversion of another's property by one to whom it has been entrusted.

EN BANC:

Literally, "in a group". Defendants are advised of their constitutional rights at the time of arraignment in a large group, rather than individually.

ENDORSE:

(Same as Indorse.) To sign one's signature on the back of a paper or document, such as a check.

ENJOIN:

To command or require; to order that something be stopped.

EQUITABLE:

To deal fairly and equally with all concerned. This term implies not only a fair or just determination on legal grounds, but also a judgment as could be guided by common sense notions of fairness and justice.

EQUITY:

A system supplemental to the law.

ESTOPPEL:

A bar which precludes a person, in law, from asserting right in contravention of his previous position or representation.

ET AL:

The Latin phrase for "and others".

ET SEQ:

Abbreviation for et sequentes (masculine and feminine plural) or et sequentia (neuter) and "and the following".

ET UX:

The Latin phrase for "and wife".

EVICTION:

Dispossession by process of law; the act of depriving a person of a possession of lands which he has held, in pursuance of the judgment of a court.

- F -
FORFEITURE OF BAIL:

The loss of bail for failure to appear in court at an appointed time.

FUGITIVE:

A person who runs away or tries to escape.

- G -
GARNISHMENT:

Satisfaction of a judgment out of property of a debtor in possession of a third party, e.g., a wage garnishment.

GUARDIAN AD LITEM:

A person appointed by the court to represent a minor, child, or an incompetent.

- H -
HEARING:

A formal public proceeding in court with all parties in a case present but without jury.

HELD TO ANSWER:

In felony cases, the transfer of a case to superior court for trial after an initial hearing to determine if in fact a felony has been committed and there is reason to believe the defendant did commit same.

HOLDING CELL:

A cell within a courthouse where prisoners are held before and after their court appearance. Prisoners are usually brought to the holding cell from the county jail.

- I -
IMPOUND:

To seize and hold in the custody of the law, usually used in reference to objects or animals rather than people.

INCARCERATED:

Imprisoned or confined to jail or penitentiary.

INCRIMINATE:

To hold another, or oneself, responsible for criminal misconduct; to involve someone, or oneself, in an accusation of a crime.

INDEMNITY:

To pay or in some way compensate for a loss, hurt or damage.

INDICTMENT:

A formal accusation by a grand jury charging a person with a crime (see Information).

INDIGENT:

Generally, this term defines a person who is poor, needy and who has no one to look to for support.

IN FORMA PAUPERIS:

When, with the court's permission, an indigent person sues without being responsible for the costs incurred.

INFORMATION:

A written accusation (document) charging a person with a crime that is presented by a prosecuting officer under oath of office, rather than one produced by a grand jury.

INFRACTION:

A minor violation of a law, contract, or right that is not a misdemeanor nor a felony and which cannot be punished by imprisonment.

INJUNCTION:

A writ granted by the court in which a person is required to do, or not do, a specific act (see Restraining Order).

IN RE:

In the matter of; concerning.

- J -
JUDICIAL DISTRICT:

The state is divided into precincts or districts which define the geographical area of a court's authority.

JUDICIAL PROCEEDINGS:

A proceeding which takes place in or under the authority of a court of justice, or which relates in some way to the administration of justice, or which legally ascertains any right or liability.

JURAT:

The clause written at the foot of an affidavit stating when, where, and before whom such affidavit was sworn.

JURISDICTION:

The authority, capacity, power or right of a court to hear and decide a legal matter.

JURY:

A body of citizens legally selected and required to hear the facts in a case. A jury determines the innocence or guilt of an accused, according to the evidence presented and to the law as stated by the judge.

JURY ROSTER:

A list of all the jurors asked to appear in court or the list of jurors impaneled (selected) to hear a case.

JURY TRIAL:

A trial in which a dispute between two or more parties is settled by the verdict of a jury of 12 people, legally impaneled and sworn in.

JUVENILE:

A person under the age of 18, who is still under parental supervision.

JUVENILE COURT:

That part of the Superior Court which has jurisdiction over cases involving delinquent and neglected children.

- K -
KEEPER:

Usually an officer appointed by the court to maintain custody of money or property legally seized in connection with a pending case.

- L -
LAWSUIT:

A case before the court.

LETTER OF INSTRUCTION:

A form filled out by a plaintiff which states the property belonging to the defendant to be levied (seized).

LEVY:

To raise, collect, or seize by legal process, e.g. taking or selling property to collect money.

LIBEL:

Anything written, printed, or published that is defamatory and injures the reputation of any individual.

LICENSE HOLD:

The action taken to prevent a drivers license renewal pending settlement of a legal matter.

LIEN:

A claim by a party on the property of another for payment of a debt or obligation. It is not a right to the property itself, but rather stops the owner from doing anything with it. The lien may be enforced or collected by levying on the property (see Levy).