Law Terms
Law Term(s) | Description | Reference |
affidavit |
n. 1) any written document in which the signer swears under oath before a notary public or someone authorized to take oaths (like a County Clerk), that the statements in the document are true. 2) in many states a declaration under penalty of perjury, which does not require the oath-taking before a notary, is the equivalent of an affidavit. |
law.com |
arraignment |
n. the hearing in which a person charged with a crime is arraigned in his or her first appearance before a judge. This is the initial appearance of a criminal defendant (unless continued from an earlier time) in which all the preliminaries are taken care of. |
law.com |
bail |
1) n. the money or bond put up to secure the release of a person who has been charged with a crime. For minor crimes bail is usually set by a schedule which will show the amount to be paid before any court appearance (arraignment). For more serious crimes the amount of bail is set by the judge at the suspect's first court appearance. The theory is that bail guarantees the appearance of the defendant in court when required. While the Constitution guarantees the right to reasonable bail, a court may deny bail in cases charging murder or treason, or when there is a danger that the defendant will flee or commit mayhem. In some traffic matters the defendant may forfeit the bail by non-appearance since the bail is equivalent to the fine. 2) v. to post money or bond to secure an accused defendant's release. This is generally called "bailing out" a prisoner. |
law.com |
continuance |
The postponement of a hearing, trial or other scheduled court proceeding, at the request of one or both parties, or by the judge without consulting them. Unhappiness with long trial court delays has resulted in the adoption by most states of "fast track" rules that sharply limit the ability of judges to grant continuances. Note: This action waives your right for "speedy trial". |
nolo.com |
county seat |
"Each county has a county seat, usually the biggest town, where the county offices are." It is possible to have more than one county seat per county. |
wikipedia.org |
demurrer |
n. a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. A hearing before a judge (on the law and motion calendar) will then be held to determine the validity of the demurrer. Some causes of action may be defeated by a demurrer while others may survive. Some demurrers contend that the complaint is unclear or omits an essential element of fact. If the judge finds these errors, he/she will usually sustain the demurrer (state it is valid), but "with leave to amend" in order to allow changes to make the original complaint good. An amendment to the complaint cannot always overcome a demurrer, as in a case filed after the time allowed by law to bring a suit. If after amendment the complaint is still not legally good, a demurrer will be granted sustained. In rare occasions, a demurrer can be used to attack an answer to a complaint. Some states have substituted a motion to dismiss for failure to state a cause of action for the demurrer. |
law.com |
discovery |
n. the entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, examination of the scene and the petitions and motions employed to enforce discovery rights. The theory of broad rights of discovery is that all parties will go to trial with as much knowledge as possible and that neither party should be able to keep secrets from the other (except for constitutional protection against self-incrimination). Often much of the fight between the two sides in a suit takes place during the discovery period. |
law.com |
grounds |
"typically (could) include errors of law, fact, or procedure" |
wikipedia.org jrank.org |
motion |
n. a formal request made to a judge for an order or judgment. Motions are made in court all the time for many purposes: to continue (postpone) a trial to a later date, to get a modification of an order, for temporary child support, for a judgment, for dismissal of the opposing party's case, for a rehearing, for sanctions (payment of the moving party's costs or attorney's fees), or for dozens of other purposes. Most motions require a written petition, a written brief of legal reasons for granting the motion (often called "points and authorities"), written notice to the attorney for the opposing party and a hearing before a judge. However, during a trial or a hearing, an oral motion may be permitted. |
law.com |
pro per |
adj. short for "propria persona," which is Latin for "for oneself," usually applied to a person who represents himself/herself in a lawsuit rather than have an attorney. |
law.com |
pro tem |
adj. short for the Latin pro tempore, temporarily or for the time being. In law, judge pro tem normally refers to a judge who is sitting temporarily for another judge or to an attorney who has been appointed to serve as a judge as a substitute for a regular judge. When an appeals justice is not available or there is a vacancy, a lower court judge is appointed Justice Pro Tem until a new Justice is appointed. Small claims cases are often heard by an attorney serving as Judge Pro Tem. |
law.com |
"post bail" |
Paying the fine of the citation, and an agreement with the court that after Defendant posted bail, he or she has promised to appeal for a court trial. |
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"serving" |
"serving" is when someone not you or anyone else listed in this case gives a copy of your court papers to the person, business, or public entity you are suing. Service lets the other party know: * What you are asking for, * When and where the trial will be, and * What they can do. |
courtinfo.ca.gov |
speedy trial |
n. in criminal prosecutions, the right of a defendant to demand a trial within a short time since to be held in jail without trial is a violation of the "due process" provision of the 5th Amendment (applied to the states by the 14th Amendment). Each state has a statute or constitutional provision limiting the time an accused person may be held before trial (e.g. 45 days). Charges must be dismissed and the defendant released if the period expires without trial. However, defendants often waive the right to a speedy trial in order to prepare a stronger defense, and if the accused is free on bail he/she will not be hurt by the waiver. |
law.com |
timely |
adj. within the time required by statute, court rules or contract. |
law.com |
trial de novo |
n. a form of appeal in which the appeals court holds a trial as if no prior trial had been held. A trial de novo is common on appeals from small claims court judgments. |
law.com |
"untimely" |
adj. passed the time required by statute, court rules or contract. |
N/A |
"waive time" |
To "waive time" is to give up the defendant's right to have the trial or other statutory proceedings occur within specified periods of time. Note: This action waives your right for "speedy trial". |
nolo.com |