Understanding 'Legal Talk' (D-H) - Colorado Legal Services

This communication is made available by Colorado Legal Services, Inc., (CLS), as a public service and is issued to inform not to advise. No person should attempt to interpret or apply any law without the assistance of an attorney. The opinions expressed in this communication are those of the authors and not those of CLS or its funding sources.

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

D- da-di dj-dq dr-dz E- ea-ei ej-eq er-ez F- fa-fi fj-fq fr-fz
G- ga-gi gj-gq gr-gz H- ha-hi hj-hq hr-hz

D

damages
Cash compensation ordered by a court to offset losses caused by another. Damages are given either for breaches of contracts or tortious actions.

death taxes
Taxes levied at death based on the value of property left behind. Federal death taxes are called estate taxes. Some states impose inheritance taxes, while some have estate taxes.

debtor
One who owes a debt to another. Also, a person filing for relief under the Bankruptcy Code.

decision
The opinion of the court in concluding a case.

declaration
Written statement submitted to a court where the writer swears "under penalty of perjury" that the contents are true. This means that the writer understands perjury charges might result if he or she is lying. Some states allow declarations in the place of affidavits. This means a notary is not needed.

declaratory judgment
A decision by the court given where a plaintiff does not understand his or her rights. No money damages are awarded.

decree
A final order of the court that completely disposes of the litigation.

defamation
Words tending to injure a person's reputation.

default
Where a defendant fails to appear and answer the summons and complaint.

default judgment
The judgment entered against a party who fails to appear and respond to the charges.

defendant
The person defending or denying a suit.

defense of property
An affirmative defense in criminal or civil law where force was used to protect one's property.

defunct
A corporation that has ceased to exist.

demurrer
A pleading filed by the defendant stating that the plaintiff's complaint should be dismissed even without an answer.

dependent
One whose material support derives from another.

deposition
Testimony of a witness taken under oath outside the courtroom. The deposition transcript becomes part of the court's file.

direct evidence
Proof of facts by witnesses who actually saw acts done or heard words spoken.

direct examination
The questioning of witnesses by the party who called them to testify.

directed verdict
When a plaintiff or defendant does not present enough evidence for the jury to even consider, the trial judge may order a verdict without submitting to the jury.

disbarment
Form of discipline of a lawyer where he or she loses the right to practice law.

discharge
The name given to the bankruptcy court's formal release of a debtor's debts. In probate court, the representative of the deceased's estate is "discharged" from fiduciary responsibility.

disclaim
Refusal to take a gift made in a will.

discovery
The name given to pretrial devices used to obtain facts and information about the case.

dismissal
The termination of a lawsuit before a final decision.

dissent to disagree
An appellate court opinion not agreeing with the majority of the other judges. The opinion sets forth the reasons for the disagreement.

dissolution
The process of terminating or winding up something.

dissolution of marriage
divorce

diversity of citizenship
The condition when one party to the lawsuit is a citizen of one state and the other party is a citizen of another. If the case involves enough money, it will be under the jurisdiction of federal courts.

diversion
The process of removing a minor case, like traffic or juvenile, from the full judicial process. The request will usually be granted if the accused undergoes some sort of rehabilitation or pays for damages.

docket
A listing of all pleadings filed in a case. A trial docket is a calendar of cases to be tried by a court in a certain term.

docket control
A system used to keep track of deadlines and court dates.

domicile
The place of a person's permanent home.

durable power of attorney
A written instrument authorizing another to act as one's agent or attorney-in-fact. The authorization survives any subsequent incapacity or disability. An individual can have either a financial or health care durable power of attorney or even both.

due process of law
The constitutional right of all persons to receive the guarantees and safeguards of the law. It includes such requirements like adequate notice, assistance of counsel, the rights to remain silent, a speedy and public trial, an impartial jury, and to confront and secure witnesses.

E
elements of a crime
Specific factors that define a crime. The prosecution must prove each element beyond a reasonable doubt.

emancipation
To release from paternal care and responsibility

eminent domain
The power of the government to take private property for public use through condemnation.

en banc
All the judges of a court sitting together. Appellate courts can consist of many judges, but often cases are heard by panels of three judges. If a case is heard or reheard by all of the judges, it is heard en banc.

encumber
To place a claim on property. Examples include a mortgage, judgment lien, or security interest.

encyclopedia
A book or series of books containing information on areas of law including citations to support the information.

enjoining
An order by the court telling a person to stop doing something.

entity
A person or legally recognized organization.

entrapment
The act of inducing a person to commit a crime so that a charge will be brought against him.

entry
A statement of a court's conclusion placed in the court record.

environment
The conditions, influences, or forces affecting the desirability and value of property.

Environmental Protection Agency (EPA)
A federal agency created to coordinate effective governmental action to preserve the quality of the environment.

equal protection of the law
The guarantee in the Fourteenth Amendment of the U.S. Constitution that all persons be treated equally under the law.

equity
Justice administered according to fairness.

escheat
The process by which a deceased person's property goes to the state after no heir can be found.

escrow
Money or a written instrument such as a deed that is held by a neutral third party (in escrow) until all conditions of an agreement are met.

esquire
In the United States, the title commonly following an attorney's name. Historically, a title of dignity next above gentleman but below a knight. Abbreviated as Esq.

estate
A term used to denote the total of all types of property owned by a person at a particular time, usually at his or her death.

estate tax
Generally, a tax on the transfer of property to others after death. In addition to federal estate taxes, many states have their own estate taxes.

estoppel
A tool used by courts to prevent a person from asserting or doing something contrary to his or her own previous assertions or acts.

ethics
Of or relating to moral action and conduct

evidence
Information presented in testimony or documents used to persuade the fact finder (either the judge or jury) to decide the case for one side or the other.

exceptions
Declarations by either side in a case that reserve a right to appeal the judge's ruling upon a motion. Also, in regulatory cases, objections to points made by the other side or to rulings by the agency.

exclusionary rule
The rule that prevents illegally obtained evidence from being used at trial.

execute
To complete; to sign; to carry out according to its terms.

executor
The person or entity named in a will to carry out the terms of the will. Duties include collecting the will maker's assets, paying the debts, and distributing the remaining assets to the beneficiaries.

exempt property
All the property of a debtor that cannot be attached under the Bankruptcy Code or state law.

exhibit
A document or other item introduced as evidence during a trial or hearing.

exonerate
Removal of a charge, responsibility, or duty.

ex parte
On behalf of one party but without notice to any other party. For example, a request for a search warrant is an ex parte proceeding: the person subject to the search is not notified of the proceeding or present at the hearing.

expungement
The process by which the record of criminal conviction is destroyed or sealed.

extradition
The surrender of an accused criminal by one state to another.

fair market value
The value for which a reasonable seller would sell an item of property and a reasonable buyer would buy that property

family law
Those areas of the law dealing with families, such as marriage, divorce, child custody, and paternity.

Federal Aviation Agency (FAA)
A federal agency that regulates air commerce and promotes aviation safety.

Federal Bureau of Investigation (FBI)
A federal agency that investigates violations of federal laws.

Federal Communications Commission (FCC)
A federal agency that regulates interstate and foreign communications by wire and radio.

Federal Deposit Insurance Corporation (FDIC)
An agency that insures deposits in banking institutions in the event of financial failure.

Federal Mediation and Conciliation Service
An agency that provides mediators to assist in labor-management disputes.

Federal Register
A daily publication which contains federal administrative rules and regulations.

Federal Unemployment Tax
A tax levied on employers based on employee wages paid. The tax appears on paystubs as FUTA.

felony
A serious criminal offense. Under federal law, a felony is any offense punishable by death or imprisonment for a term exceeding one year.

fiduciary
A fiduciary has rights and powers which would normally belong to someone else. The fiduciary holds those rights and uses them to benefit someone else. Fiduciary responsibilities exist for persons other than trustees such as between solicitor and client. A fiduciary can usually be considered the same as a trustee.

file
To place a paper in the official custody of the clerk of court or court administrator for entry into the records of a case.

filing fee
The fee required to file various documents.

filing pro se
Representing yourself in court.

finding
Formal conclusions by a judge or regulatory agency on issues of fact. Juries also make findings of fact.

Food and Drug Administration (FDA)
A federal agency that sets safety and quality standards for food, drugs, cosmetics, and household substances.

foreclosure
After default on a mortgage, a court proceeding that vests title in the holder of the mortgage.

forfeiture
After default, a legal action where a contract purchaser loses all interest in the subject property.

fraud
A false representation of a matter of fact intended to deceive someone.

Full Faith and Credit Act
Legal principle requiring judges to recognize and enforce decrees and judgments issued by courts in other states.

garnishment
A legal proceeding in which a debtor's money that is in the possession of another is applied to the debts of the debtor. A common example of this is when an employer garnishes a debtor's wages for child support.

general guardian
A person appointed by the court to make decisions about the personal affairs of someone else.

general jurisdiction
Refers to a court that can hear any type of criminal or civil case. In other words, this type of court has no limit on the types of matters it hears.

general power of attorney
An arrangement where a person is authorized to act for someone else in any capacity. In some places, this type of arrangement is ineffective for certain types of transactions.

good time
A reduction in a prison sentence because of good behavior. This reward usually amounts to one third to one half of the maximum sentence.

Government Printing Office
The federal agency in charge of the printing, binding, and selling of all government communications.

grand jury
A jury used in criminal matters to hear complaints and accusations and decide if a formal indictment should be issued.

grantor
A person who grants another person authority and power to act on behalf of the grantor. The power to act is limited to the powers set forth in a power of attorney or trust document.

grievance
An injury, injustice, or wrong which gives someone a reason to complain. In labor law, a complaint filed by an employee about working conditions. Usually, this complaint will be resolved in the way provided in the union contract.

grounds for dissolution of marriage
The marriage is broken beyond repair.

guarantor
A secondary party who agrees to repay the debt of another if that person does not pay.

guardian
A person appointed by the court or in a will to make decisions about the personal affairs of someone else. If a parent dies, the guardian will usually be the other parent. If both parents die, it usually will be a close relative.

guardianship
Legal right given to a person to be responsible for the basic needs of someone else that is incapable of providing for their own needs.

habeas corpus
The name of a writ that is asking for a person to come before court.

harmless error
An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial. This kind of error is not prejudicial enough to cause reversal.

headnote
A brief summary of a legal rule or significant facts of a case. These appear before the printed opinion of a case.

health care power of attorney
A durable power of attorney which gives someone the ability to make health-care decisions for someone else after that person cannot decide for themselves.

hearing
A formal proceeding with definite issues of law or of fact to be heard. Hearings are less formal than trials and are used extensively by legislative and administrative agencies.

hearsay
Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

holographic will
A handwritten will that is not witnessed by anyone. Some states allow these documents to be admitted to probate. Some courts are very reluctant to accept them.

hostile witness
A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and cross-examined by the party who calls him or her.

hung jury
A jury whose members cannot agree upon a verdict.

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.