This information is provided by Colorado Legal Services. It is intended as general information only, and is not meant as legal advice for any specific situation. If you need legal advice, consult an attorney.

Understanding 'Legal Talk'   (A-C)  
What is the word that you don't understand? Click on the first few letters to find a word and its definition.

A- ab-ai   aj-aq   ar-az       B- ba-bi   bj-bq   br-bz       C- ca-ci   cj-cq   cr-cz

A

abatement
A reduction in an amount that is owed, usually granted by the person to whom the debt is owed. When talking about a will, abatement may refer to the situation where property identified in a will cannot go to the person named in the will because the property had to be sold to pay the deceased's debts. The debts of the deceased will be paid before gifts in the will are distributed and where a specific gift has to be sold to pay off a debt, the gift is said to abate.

abstract of title
A short history of a piece of land that lists any transfers in ownership, such as a sale or gift, as well as any liabilities attached to it, such as a mortgages or a right of way (also known as an easement).

abstract of trust
A reduced version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. An abstract of trust is often used to prove to a financial institution or other organization that a living trust has been established without revealing specific details.

acceptance
The taking and receiving of anything in good faith with the purpose of keeping it.

acknowledgment
A sworn statement before a public official, usually a notary public. An acknowledgement declares that a legal document is signed freely and that any statements in the document are accurate. Examples of legal documents that might require acknowledgements include living wills and durable powers of attorney.

acquittal
A release or forgiveness of a responsibility. In criminal law, an acquittal occurs when the jury finds the defendant not guilty.

action case
Cause, suit, or disagreement questioned or challenged before a court of justice.

actual damages
Actual damages are monies to compensate for loss or injuries that have actually occurred. When damages suffered by someone as a result of another's wrongdoing can be precisely measured, they are called actual damages. This is different from "nominal" damages or "punitive damages." Nominal damages are a small amount paid when there is no real loss, and punitive damages are amounts required to be paid as punishment for some wrong.

additur
An increase by a judge in the amount of money awarded by a jury.

adjudication
Giving or stating a decision or decree. Also the judgment given.

administrative agencies
Agencies created by the government to oversee laws in specific areas like taxes, transportation, and labor. The Internal Revenue Service (IRS) and Environmental Protection Agency (EPA) are administrative agencies.

administrator
A person who manages the estate of a deceased person. The administrator is appointed by a court to deal with the debts and assets of a person who died without leaving a will disposing of his or her property. If the administrator is a female, she will be called an "administratrix."

admissible evidence
Evidence that can be legally and properly considered in a civil or criminal trial.

admonish
To advise or warn. For example, the court may caution or admonish counsel for improper practices.

adversary proceeding
A proceeding having opposing parties such as a plaintiff and a defendant.

adverse possession
Method of getting real property under certain conditions including living on the property for a certain amount of time set forth in the law.

affiant
The person who makes and subscribes an affidavit (sworn statement).

affidavit
A statement which a person signs only after first taking an oath professing that, to the best of his or her knowledge, what the statement says is true. An affidavit will be signed by a notary or some other judicial officer to verify that the statement was made under oath. These documents can carry great weight in courts to the extent that judges might accept an affidavit instead of the testimony of the witness.

affirmation
A serious and formal statement that an affidavit is true. This is substituted for an oath in certain cases.

affirmative defense
A defense raised by a defendant that does not deny the truth of an allegation but gives some other reason why the defendant should not be held liable.

affirmed
The term used by an appeals court to indicate the decision of the trial court was correct.

agent
A person who performs services for another person. An agent can be established through a written agreement or without a written agreement where the situation seems like a person is someone else's agent. The person for whom the services are performed is called the principal. The person performing the services does not have to be paid to be considered an agent.

agreement
Mutual consent.

alien
A person born outside of the country who has not qualified as a citizen of the country.

alimony
In a divorce or separation, the money paid by one spouse to the other in order to fulfill the financial obligation that comes with marriage. The specific amount of alimony is usually set by a judge, and some states have formulas setting the amount. Maintenance and spousal support are other terms for alimony

allegation
A statement in a written document (a pleading) which a person is prepared to prove in court.

allocation of parental responsibilities (APR)
This term refers to parenting time and decision-making responsibilities for the children of a marriage. The term is another word for "custody" and is used in Colorado.

alternative dispute resolution (ADR)
Settling a dispute without a full, formal trial. Methods of ADR include mediation, arbitration, and settlement.

American Bar Association (ABA)
A national association of lawyers whose primary purpose is to improve the administration of justice.

ancillary
Word used to refer to a proceeding that is not as important as another, related proceeding.

answer
A written statement by the person being sued that responds to the claims in the complaint.

answers to interrogatories
These are responses to questions asked by another party in a lawsuit. Answers to interrogatories must be in a formal written statement acknowledged before a notary public or other person authorized to take acknowledgments.

antitrust acts
Federal and state laws used to protect trade and commerce from unlawful actions such as price discrimination, price fixing, and monopolies.

appeal
A proceeding brought to a higher court to review a lower court decision.

appeal bond
When an appeal is brought, an appeal bond, which is a guaranty by the appealing party insuring that court costs will be paid, will sometimes be required.

appearance
The act of coming into court as a party to a suit. An appearance can be made either in person or through an attorney.

appendix
Additional materials added to the end of a document.

appellate court
A court having the authority to hear appeals and review a lower court's decisions.

appellee
The party against whom an appeal is taken. Also known as a respondent.

arbitration
The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose decision the parties agree to accept.

arbitrator
The person chosen by the parties in an arbitration to hear evidence concerning the dispute and to make an award based on the evidence.

arraignment
The hearing at which a criminal defendant is brought before the court to plead to the criminal charge in the indictment. He may plead "guilty," "not guilty," or where permitted "nolo contendere." (See preliminary hearing.)

arrearage
A condition of owing something, like money, to someone else.

arrears
A debt that is not paid on the due date accumulates as "arrears." For example, if rent is not paid, the debt still exists and is referred to as "arrears". This same word is used to describe child or spousal maintenance or support payments not paid by the due date.

arrest
To take into custody by legal authority.

assault
Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

asset(s)
Property, including real property (land or buildings) and personal property (for example, cash, stocks, or vehicles) that belong to a person, corporation, estate, or other entity.

assignment
The transfer to another person of any property, real or personal.

assumption of risk
A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger.

at issue
The period of time in a lawsuit after the complaining party has stated their claim and the other side has responded with a denial and the matter is ready to go to trial.

attachment
Taking a person's property to satisfy a court-ordered debt.

attorney-at-law
An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.

attorney-in-fact
A private person (who is not necessarily a lawyer) authorized by another to act in his or her place. The person can be designated to perform a specific task or for tasks in general. This authority is granted by a written document , usually called a "power of attorney" or "letter of attorney."

Attorney of record
The principal attorney in a lawsuit, who signs all formal documents relating to the suit

B

bail
Money or other security (like a bail bond) provided to the court to allow a person's temporary release from jail and assure their appearance in court. "Bail" and "Bond" are often used interchangeably.

bail bond
A responsibility signed by the accused to secure his or her presence at the trial. The obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as "bond."

bailiff
An officer of the court responsible for keeping order and maintaining appropriate courtroom etiquette. In addition, the bailiff has custody of the jury.

bankruptcy
A legal proceeding that relieves a person's responsibility of paying debts or provides protection while a person attempts to repay debts. There are two types of bankruptcies: liquidation, where debts are wiped out, and reorganization, where a court is provided with a plan for how the debts will be repaid. For both consumers and business, liquidation bankruptcy is called Chapter 7. For consumers, reorganization bankruptcy is called Chapter 13. Reorganization bankruptcy for consumers with an extraordinary amount of debt and for businesses is called Chapter 11. Reorganization bankruptcy for family farmers is called Chapter 12. Bankruptcy judges preside over these proceedings. The person owing the debts is called the debtor, and the people or companies to whom the debts are owed are called creditors.

bankruptcy judge
The judge who determines whether a debtor is entitled to a discharge of debts in bankruptcy.

bankruptcy law
The area of federal law dealing with the handling of bankrupt persons or businesses.

Bar
This term means the whole body of lawyers. Historically, the term referred to the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial.

bar examination
A state examination taken by prospective lawyers. Passing the exam is required to be admitted and licensed to practice law.

basis
For income tax purposes, the value used to determine if a profit or loss is made when property is sold. Often, the basis is the original price paid for the property. For example, if a house is purchased at $200,000, the tax basis is $200,000. If the house is later sold for $350,000, the taxable profit is $150,000 (Sales price $350,000 minus the basis $200,000)

battery
A beating, or wrongful physical violence. The threat to use force is an "assault" while the actual use of force is a battery. Usually an incident of battery will include an assault.

bench
The seat occupied by the judge. Sometimes the term is used to refer to the court itself.

bench trial
Trial held without a jury where the judge decides the facts. Also known as court trial.

bench warrant
An order issued by a judge for the arrest of a person.

beneficiary
In a will, a person named to receive property or benefits. In a trust, a person who is to receive benefits from the trust.

bequeath
To give a gift to someone in a will.

bequests
Gifts made in a will.

best evidence
Primary evidence; the best evidence available. Evidence short of this is called "secondary." For example, an original letter is "best evidence," while a photocopy is "secondary evidence."

beyond a reasonable doubt
The standard in a criminal case. The jury must be satisfied beyond a reasonable doubt that every element, or requirement, for conviction of a crime has been proved by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.

bill of particulars
A statement of the details of the charge made against the defendant.

bind over
To hold a person for trial on bond or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will "bind over" the accused. Usually, this is accomplished by setting bail for the accused's appearance at trial.

bond (see bail bond)
A written agreement under which a person insures he will pay a certain sum of money if he does not perform certain duties properly.

booking
The process of photographing, fingerprinting, and recording identifying data of a suspect. Booking will follow an arrest.

breach
The breaking or violating of a law, right, or duty, either by doing something or refusing to do something. Also, the term refers to the failure of one party to carry out any condition of a contract.

breach of contract
An unjustified failure to perform contractual obligations when performance is due.

brief
A written argument by counsel arguing a case, which contains a summary of the facts of the case, relevant laws, and an argument of how the law applies to the fact situation. Also called a memorandum of law.

burden of proof
The duty of proving facts that the parties dispute. In a criminal case, the prosecution will usually carry the burden of proof. In other words, the prosecution must prove the crime was committed. In a civil case, the plaintiff generally must carry the burden of proving the wrong by the defendant.

burglary
The act of illegally entering property with the intent to steal.

bylaws
Rules or laws used by an association or corporation to govern its actions.

C

capital gains
Profits on the sale of a capital asset. Capital assets include stocks and real estate.

calendar
A list of the cases a court is scheduled to hear.

capacity
Having legal authority or mental ability. Being of sound mind.

caption
The heading or introductory part of a pleading.

case law
Law taken from previous decisions of courts. For example, the United States Supreme Court makes case law.

cases
General term for an action, cause, suit, or controversy.

cause
A lawsuit, litigation, or action. Any question, civil or criminal, contested before a court of justice.

cause of action
The facts existing which give a person the right to relief in court.

caveat
A warning. A note of caution.

censure
An official reprimand or condemnation of an attorney. (See disbarment or suspension.)

Certificate of Title
Document issued by the Registrar of Titles for real estate. The document is considered conclusive evidence of who owns the property.

certification
Written attestation. Authorized declaration that verifies an instrument is a correct copy of the original.

certiorari
A writ of review issued by a higher court to a lower court. If an appellate court grants a writ of certiorari, it agrees to hear the appeal.

challenge
An objection. For example, when an attorney objects to a particular person on the jury.

challenge for cause
A request from a party to a judge that a certain juror be excused because of a specific reason.

chambers
A judge's private office. A hearing in chambers happens in the judge's office and outside the presence of the jury and the public.

change of venue
Moving a lawsuit or trial to another place for trial.

charge to the jury
The judge's instructions to the jury about the law that applies to the facts of the case.

charitable trust
Any trust used to make a gift to charity. This might be a way for someone to avoid income and estate taxes.

Chief judge
Presiding or administrative judge in a court.

chattel
An article of personal property.

child
Offspring of parentage; progeny.

chronological
Arranged in the order in which events happened; according to date.

circumstantial evidence
All evidence except eyewitness testimony. One example is fingerprints. From fingerprints a person can infer that someone was in a certain place.

citation
An order issued by a court commanding a person to appear at the time and place named. Also, the written reference to laws, prior cases, or other documents.

citators
A set of books which provides the history of reported decisions. Most widely used are Chopart's Citations.

civil
Relating to private rights and remedies; as contrasted with criminal proceedings.

civil action
An action brought to protect private rights.

civil law
Law based on a series of written laws.

civil procedure
The process by which a civil case is tried and appealed, including preparing for trial, trial conduct, and the procedure for pursuing appeals.

claim
A demand for money or other relief.

class action
A lawsuit brought by one or more persons on behalf of a larger group.

clean air acts
Federal and state environmental laws used to regulate and control air pollution.

clear and convincing evidence
Standard of proof used in some civil lawsuits and other administrative cases. This standard is between proof beyond a reasonable doubt and preponderance of the evidence.

clerk of court
Administrator or chief clerical officer of the court.

closing argument
The lawyer's closing statement to the jury or judge after all parties have concluded presenting evidence.

co-tenants
Two or more people who rent the same property under the same lease or agreement. Each co-tenant is 100% responsible for carrying out the rental agreement.

Code of Professional Responsibility
The rules of conduct that govern the lawyers.

codicil
An addition to a will. A codicil may just explain the will or change its terms. Since a codicil changes a will, it must be signed in front of witnesses and in some cases, notarized.

commit
To send a person to prison, an asylum, or reformatory by a court order.

common-law marriage
A marriage by mutual consent but without a formal license or certificate. A common-law marriage requires that both parties agree to assume the same duties as formal marriages. Common-law marriages are not recognized by all states.

community property
A way to define who owns property acquired and owes debts incurred during marriage. In states that follow community property principles, all earnings during marriage and property acquired with those earnings are community property.

comparative negligence
The rule under which each party's negligence is measured by percentage. Damages are distributed according to the percentage of negligence of each party. For example, in an automobile accident, if Driver A is 60% negligent and Driver B is 40% negligent, A would get $60 of a $100 award, and B would get the remaining $40.

complainant
The party who sues.

complaint
The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. Also, a complaint is the formal written charge that a person has committed a criminal offense.

conciliation
A form of alternative dispute resolution. The parties bring their dispute to a neutral third party who helps lower tensions and improve communication. Conciliation is like mediation but less formal.

condemnation
The process of the government taking private land for public use. The owners of the land are paid a fair price.

conformed copy
An exact copy of a document that contains written things that were not copied. For example, a signature is replaced on a conformed copy with a notation.

consent
Agreement; voluntary acceptance of the wish of another.

conservator
A court-appointed decision-maker who has authority to make decisions about property.

conservatorship
The legal right given to a person to manage the property and financial affairs of a person. Usually, a person is deemed incapable of handling themselves, and a conservator is appointed.

consideration
The price bargained for and paid in contract.

Constitution
The fundamental law of a nation or state which establishes the basic principles of the government.

Constitutional law
Law set forth in the Constitution of the United States and the state constitutions.

consumer bankruptcy
A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) but not a business.

contempt of court
Deliberate disobedience of a judge's command or official court order.

contingency fee
A fee arrangement where the lawyer is paid out of any damages that are awarded. Typically, the lawyer gets between one-fourth and one-third of the award. If no damages are awarded, there is no fee.

contingent beneficiary
An additional beneficiary named in a will or trust in case the property cannot be given to the primary beneficiary.

continuance
The postponement of a legal proceeding to a later date.

contract
An agreement between two or more persons that creates an obligation to do or not to do something. A contract can be made in writing or orally.

contributory negligence
The rule of law under which the negligence of a plaintiff partially causes the injury, and the plaintiff is barred from recovering damages. This is different from comparative negligence where each party recovers according to its proportion of total negligence.

conveyance
Instrument transferring title of land from one person or group to another.

corroborating evidence
Additional evidence that tends to strengthen the initial evidence.

counsel
A legal adviser; a term used to refer to lawyers in a case.

counterclaim
A claim made by the defendant in a civil lawsuit against the plaintiff. Basically, a lawsuit within a lawsuit.

court
A body in government to which the administration of justice is delegated.

court-appointed attorney
Attorney appointed by the court to represent a defendant. This usually happens in criminal cases, and the defendant does not have to pay for the representation.

court costs
The expenses of prosecuting or defending a lawsuit, aside from attorney fees. An amount of money may be awarded to the winning party (from the losing party) as reimbursement for court costs.

court of original jurisdiction
The court where a matter is first heard. Often, this is the trial court.

court reporter
A person who transcribes by shorthand or stenographically takes down testimony during court proceedings, depositions, or other trial-related proceedings.

court rules
Regulations governing practice and procedure in the various courts.

creditor
A person to whom a debt is owed by another.

crime
An act violating the penal laws of a state or the United States.

criminal justice system
The network of courts that deal with criminal law and its enforcement.

cross-claim
A pleading which asserts a claim against a co-party in a lawsuit arising out of the same subject action as the original complaint. For example, one co-defendant cross claims against another co-defendant for any damages assessed against him.

cross-examination
The questioning of a witness called by the other side.

custody
Holding a person by lawful process or authority to assure appearance in any hearing. Also, the jailing or imprisonment of a person convicted of a crime.

This glossary is composed by combining information from the legal glossaries of the AARP Legal Solutions website, and from the U.S. Courts District of Idaho website.