Legal Terms Page 2
Incarceration-Confinement to a correctional institution prison.
Indigent-Someone without enough money to either support himself or herself or his family. Someone who
cannot to pay certain fees required by the court.
Infraction-A case where the fine may be paid by mail and usually the person does not have to appear or
come to court. i.e. A speeding ticket.
Injunction-A court order to stop doing a specific act.
Interrogatory-Formal,written questions used to get information from another party in a lawsuit.
Investigatory Grand Jury-A judge,constitutional state referee ,appointed by the Chief Court Administrator
to conduct an investigation into the commission of a crime or crimes.
Judge-A person who hears and decides cases for the courts. Appointed by the governor for a term of
eight years and confirmed by the General assembly.
Judgment-A court decision. Also called a decree or an order.
Judgement File-A permanent court record of the court's final disposition of the case.
Jurisdiction-Power and authority of a court to hear and make a judgement in a case.
Juror-Member of a jury.
Jury Charge-The judge's formal instructions on the law to the jury before it begins deliberations.
Jury Instructions-directions given by the judge concerning the law of the case.
Juvenile Court-Also called Superior Court for Juvenile Matters. A special division of the Superior Court
designated to hear all cases concerning not cared for,dependent children and youth and delinquents. All
juvenile court proceedings and case records are confidential and are not public information.
Juvenile Delinquent-A person under the age of 16 who commits a criminal act.
JDO- A person who works within a Juvenile Detection Center.
Juvenile Probation-Placement of an adjudicated delinquent under the supervision of a juvenile probation
officer.
Justice-Fairness,rightfulness, reward or penalty as deserved, the use of authority to uphold what is just.
Legal Aid-Free legal representatives in civil cases for income eligible.
Legal Custody-Relationship with a child created by court order which gives a person legal responsibility
for the physical possession of a minor and the duty to protect,care for and discipline the child.
Legal Separation-A court order describing the conditions under which two married people will live
separately.
Lien-A charge,hold,or claim upon property of another a security for a debt.
Litigant-A party to a case.
Lockout-Illegally forcing a tenant out of rented property,usually by changing the locks on the doors.
Magistrate-A person who is not a judge but who is authorized to hear and decide certain types of cases.
Mandamus-An order directed to a private corporation,or any of its officers,or to an
executive,administrative or judicial officer,or to a lower court,commanding the performance of a
particular act.
Misdemeanor-A crime that carries a maximum penalty of one year and or a $2000.00 fine
Mitigating Circumstances-Circumstances that may be considered to reduce the guilt of a defendant.
Usually based on fairness or mercy.
Motion-Usually written request to the court in a case. Filed with the clerk's office.
Moving Party-The person making the request to the court in a case.
Neglected Minor-A child or youth who has been abandoned,is being denied proper attention,is being
permitted to live under conditions injurious to his or her well being,or has been abused.
No Contact Order-A court order that prohibits contact by a defendant with a victim, can be ordered by a
judge,probation officer or a parole officer.
No Fault Divorce-The most common kind of divorce,where no one needs to prove that the husband or
the wife is at fault,or caused the marriage to end.
Nolo Contendere- It means "no contest". A plea in a criminal case that allows the defendant to be
convicted without admitting guilt for the crime charged.
No Contest-A plea in a criminal case that allows the defendant to be convicted without admitting guilt for
the crime charged. Also called the above legal term Nolo contendre.
Non-Suit- Vacating a case by the court,usually for failure to prosecute.
Oath- To swear/affirm to the truth of a statement or document.
Order-A written direction of a court or judge to do or refrain from doing certain acts.
Order to Detain-An order signed by a judge of the Superior Court authorizing admission of a juvenile to a
Juvenile Detention Center,pending a hearing on the next business day.
Orders of Temporary Custody-Court order placing a child or youth in the short term legal custody of an
individual or agency authorized to care for juveniles.
Parenting Education Program-A mandatory program for persons involved in a divorce with children or a
custody or visitation case. Must be attended within 60 days of the return date on the summons.
Parole-Release from incarceration after serving part of a sentence.
Party-A person or legal entity that is named as plaintiff or defendant on legal papers.
Paternity-Legal fatherhood.
Perjury-Making false statements under oath.
Petition-A formal written request to a court,which starts a special proceeding.
Petitioner- Another word for plaintiff.
Plaintiff-The person who sues or starts a civil case .
Plea-An accused persons answer to a criminal charge. Not Guilty,Guilty,No Contest.
Plea Bargain-The agreement a defendant makes with the prosecutor to avoid a trial. Usually involves
pleading to lesser charges in exchange for a lighter sentence.
Pleadings-The court documents filed with the court by the parties in a civil or criminal case. Motion to
Dismiss i.e.
Post Judgement-Any request to a court or action by a judge after a judgment in a case.
Pretrial-In a civil case,a conference with a judge to discuss discovery and settlement. In a criminal case a
conference with the prosecutor,defense attorney and judge to discuss the case status and what will
happen next.
Probable Cause Hearing-A hearing held before a judge in criminal cases to determine if enough evidence
exists to prosecute. The probable cause hearing must be conducted within 60 days of the filing of the
complaint or information in Superior Court,unless the accused person waives the time or court grants an
extension based on good cause.
Probate/Probate Court- A court with limited authority to hear certain kinds of cases
adoption,guardianship,mental health commitments.
Probation-When a convicted offender receives a suspended term incarceration and is then supervised
by a probation officer for a period of time set by the judge.
Probation Absconder-A person under probation supervision whose location is unknown,in violation of
the conditions of their probation.
Promise to Appear-A type of non-financial bond where the defendant agrees to return to court without
giving cash or property.
Pro Se- A Latin phrase meaning for "yourself"-representing yourself in any kind of case.
Prosecutor-Sometimes called the state's attorney. Represents the state in a criminal case against a
defendant.
Protective Order-A criminal court order issued by a judge to protect a family or household member.
Public Defender-An attorney appointed and paid by the state who defends a person in a criminal case
after the court finds that the person is financially unable to hire a private attorney or indigent.
Respondent-Another word for defendant;the person responding to a lawsuit.
Residential Treatment Programs-Programs that provide extensive drug or alcohol treatment on inpatient
basis.
Restitution-Money ordered to be paid by the defendant to the victim to reimburse the victim for the costs
of the crime. Generally making good,or giving the equivalent for any loss,damage or injury caused by a
persons actions. Often a condition of probation.
Rest-To be done presenting the evidence in a case,as in "the defense rests".
Revocation Hearing-A hearing held before a judge to determine whether or not a person has violated
the conditions of a probation. If there is a finding that a violation has occurred,the judge may impose all
or part of the original sentence.
Rule to show Cause-Summons compelling a person to appear in court on a specific date to answer to a
request that certain orders be modified or vacated.
Sentences-The penalty imposed by a judge after the defendant is convicted of a crime. Sentences can be
: Concurrent-Multiple sentences will at the same time(i.e.,sentences of 10 years,8years,and 2 years to be
served concurrently- equal a total effective sentence of 10 years) Consecutive-The sentences are
served back to back.. The same above example would equal a total effective sentence of 20 years.
Sentencing-When a criminal defendant is brought before a judge after conviction for ordering the terms
of the punishment.
Sentence Modification-A defendant's written application to the sentencing judge or court to reduce the
sentence at any time during the sentence. The judge conducts a hearing. If the original sentence was
more than three years,the prosecutor must agree.
Small Claims-Civil actions to recover damages,or money, as high as $10,000.People often represent
themselves.
Statute-A law enacted by a legislative body.
Statue of Limitations-A certain time allowed by law for starting a case. For example ,six years in a contract
case.
State Referee- A retired judge who presides over cases referred by the court with agreement of counsel
for both parties. Has full powers of an active trial judge.
Special Sessions of the Superior Court-A program of the Judicial branch where cases of a single type are
heard by the same judge through the entire case. Examples- Drug Sessions,Tax sessions,Community
Court some examples.
Stay-Temporarily stopping a judicial proceeding.
Stipulation-A written agreement by the parties or their attorneys.
Substance Abuse Education-A community based program for drug offenders that provides education
about the harmful effects of drug abuse and also supervises community service.
Subpoena Duces Tecum-A legal paper requiring someone to produce documents or records for a trial.
Substitute Charge-In a criminal case,a charge that replaces the original charge by the prosecutor.
Subpoena-A command to appear in court to testify as a witness.
Summary Process-An eviction case.
Summons-A legal paper that is used to start a civil case and get jurisdiction over a party.
Testimony-Statements made by a witness or party under oath.
Time Served-A sentence of incarceration equal to the amount of time a defendant has already spent in
state custody waiting for disposition of the case.
Tort-A civil injury or wrong to someone else,or their property.
Trial De Novo- A new trial or retrial in which the whole case with evidence and witnesses is presented as
if no previous trial had been held.
Trial Referee-An attorney appointed to hear any civil non-jury case where the parties agree to use a trial
referee and all the legal papers have been filed.
Uncared For-Legal description of a child or youth who is homeless or whose home cannot provide the
specialized care which his or her physical,emotional or mental conditions requires.
Unconditional Discharge-A sentence in a criminal case in which the defendant is released with or without
imprisonment,probation supervision or conditions.
Vacate-To cancel a court order.
Venue-The court location.
Visitation-A court order deciding the amount of time a non-custodial parent may spend with his or her
child,also called parenting time or access.
Violation-An offense for which the only sentence authorized is a fine.
Violation of Probation-action or inaction that disobeys a condition of probation.
Voir Dire-"To speak the truth." The process of questioning prospective jurors or witnesses about their
qualifications.
Writ-Legal paper filed to start various types of civil lawsuits.
Pre-Sentence Investigation-A background investigation conducted by a probation officer on a person
who has been convicted of a criminal offense.
CIP- Children in Placement
"Chip Smith Charge-The "Chip Smith charge" is an instruction to deadlocked jurors,urging those jurors
who disagree with the majority vote to reexamine the majority views in an effort to reach a unanimous
verdict.
Mittimus Judgment-The formal document prepared by the court clerk to present a convicted defendant in
a criminal case to the Department of Correction for incarceration.
Peremptory Challenge-The rejection of a prospective juror by the attorneys in a case,without having to
give a reason. Each States law defines the number of peremptory challenges available.
Service-The Legal method for giving a copy of the court papers being filed to other parties in a case.
Thanks For The Visit!! Raymond E Smith
Incarceration-Confinement to a correctional institution prison.
Indigent-Someone without enough money to either support himself or herself or his family. Someone who
cannot to pay certain fees required by the court.
Infraction-A case where the fine may be paid by mail and usually the person does not have to appear or
come to court. i.e. A speeding ticket.
Injunction-A court order to stop doing a specific act.
Interrogatory-Formal,written questions used to get information from another party in a lawsuit.
Investigatory Grand Jury-A judge,constitutional state referee ,appointed by the Chief Court Administrator
to conduct an investigation into the commission of a crime or crimes.
Judge-A person who hears and decides cases for the courts. Appointed by the governor for a term of
eight years and confirmed by the General assembly.
Judgment-A court decision. Also called a decree or an order.
Judgement File-A permanent court record of the court's final disposition of the case.
Jurisdiction-Power and authority of a court to hear and make a judgement in a case.
Juror-Member of a jury.
Jury Charge-The judge's formal instructions on the law to the jury before it begins deliberations.
Jury Instructions-directions given by the judge concerning the law of the case.
Juvenile Court-Also called Superior Court for Juvenile Matters. A special division of the Superior Court
designated to hear all cases concerning not cared for,dependent children and youth and delinquents. All
juvenile court proceedings and case records are confidential and are not public information.
Juvenile Delinquent-A person under the age of 16 who commits a criminal act.
JDO- A person who works within a Juvenile Detection Center.
Juvenile Probation-Placement of an adjudicated delinquent under the supervision of a juvenile probation
officer.
Justice-Fairness,rightfulness, reward or penalty as deserved, the use of authority to uphold what is just.
Legal Aid-Free legal representatives in civil cases for income eligible.
Legal Custody-Relationship with a child created by court order which gives a person legal responsibility
for the physical possession of a minor and the duty to protect,care for and discipline the child.
Legal Separation-A court order describing the conditions under which two married people will live
separately.
Lien-A charge,hold,or claim upon property of another a security for a debt.
Litigant-A party to a case.
Lockout-Illegally forcing a tenant out of rented property,usually by changing the locks on the doors.
Magistrate-A person who is not a judge but who is authorized to hear and decide certain types of cases.
Mandamus-An order directed to a private corporation,or any of its officers,or to an
executive,administrative or judicial officer,or to a lower court,commanding the performance of a
particular act.
Misdemeanor-A crime that carries a maximum penalty of one year and or a $2000.00 fine
Mitigating Circumstances-Circumstances that may be considered to reduce the guilt of a defendant.
Usually based on fairness or mercy.
Motion-Usually written request to the court in a case. Filed with the clerk's office.
Moving Party-The person making the request to the court in a case.
Neglected Minor-A child or youth who has been abandoned,is being denied proper attention,is being
permitted to live under conditions injurious to his or her well being,or has been abused.
No Contact Order-A court order that prohibits contact by a defendant with a victim, can be ordered by a
judge,probation officer or a parole officer.
No Fault Divorce-The most common kind of divorce,where no one needs to prove that the husband or
the wife is at fault,or caused the marriage to end.
Nolo Contendere- It means "no contest". A plea in a criminal case that allows the defendant to be
convicted without admitting guilt for the crime charged.
No Contest-A plea in a criminal case that allows the defendant to be convicted without admitting guilt for
the crime charged. Also called the above legal term Nolo contendre.
Non-Suit- Vacating a case by the court,usually for failure to prosecute.
Oath- To swear/affirm to the truth of a statement or document.
Order-A written direction of a court or judge to do or refrain from doing certain acts.
Order to Detain-An order signed by a judge of the Superior Court authorizing admission of a juvenile to a
Juvenile Detention Center,pending a hearing on the next business day.
Orders of Temporary Custody-Court order placing a child or youth in the short term legal custody of an
individual or agency authorized to care for juveniles.
Parenting Education Program-A mandatory program for persons involved in a divorce with children or a
custody or visitation case. Must be attended within 60 days of the return date on the summons.
Parole-Release from incarceration after serving part of a sentence.
Party-A person or legal entity that is named as plaintiff or defendant on legal papers.
Paternity-Legal fatherhood.
Perjury-Making false statements under oath.
Petition-A formal written request to a court,which starts a special proceeding.
Petitioner- Another word for plaintiff.
Plaintiff-The person who sues or starts a civil case .
Plea-An accused persons answer to a criminal charge. Not Guilty,Guilty,No Contest.
Plea Bargain-The agreement a defendant makes with the prosecutor to avoid a trial. Usually involves
pleading to lesser charges in exchange for a lighter sentence.
Pleadings-The court documents filed with the court by the parties in a civil or criminal case. Motion to
Dismiss i.e.
Post Judgement-Any request to a court or action by a judge after a judgment in a case.
Pretrial-In a civil case,a conference with a judge to discuss discovery and settlement. In a criminal case a
conference with the prosecutor,defense attorney and judge to discuss the case status and what will
happen next.
Probable Cause Hearing-A hearing held before a judge in criminal cases to determine if enough evidence
exists to prosecute. The probable cause hearing must be conducted within 60 days of the filing of the
complaint or information in Superior Court,unless the accused person waives the time or court grants an
extension based on good cause.
Probate/Probate Court- A court with limited authority to hear certain kinds of cases
adoption,guardianship,mental health commitments.
Probation-When a convicted offender receives a suspended term incarceration and is then supervised
by a probation officer for a period of time set by the judge.
Probation Absconder-A person under probation supervision whose location is unknown,in violation of
the conditions of their probation.
Promise to Appear-A type of non-financial bond where the defendant agrees to return to court without
giving cash or property.
Pro Se- A Latin phrase meaning for "yourself"-representing yourself in any kind of case.
Prosecutor-Sometimes called the state's attorney. Represents the state in a criminal case against a
defendant.
Protective Order-A criminal court order issued by a judge to protect a family or household member.
Public Defender-An attorney appointed and paid by the state who defends a person in a criminal case
after the court finds that the person is financially unable to hire a private attorney or indigent.
Respondent-Another word for defendant;the person responding to a lawsuit.
Residential Treatment Programs-Programs that provide extensive drug or alcohol treatment on inpatient
basis.
Restitution-Money ordered to be paid by the defendant to the victim to reimburse the victim for the costs
of the crime. Generally making good,or giving the equivalent for any loss,damage or injury caused by a
persons actions. Often a condition of probation.
Rest-To be done presenting the evidence in a case,as in "the defense rests".
Revocation Hearing-A hearing held before a judge to determine whether or not a person has violated
the conditions of a probation. If there is a finding that a violation has occurred,the judge may impose all
or part of the original sentence.
Rule to show Cause-Summons compelling a person to appear in court on a specific date to answer to a
request that certain orders be modified or vacated.
Sentences-The penalty imposed by a judge after the defendant is convicted of a crime. Sentences can be
: Concurrent-Multiple sentences will at the same time(i.e.,sentences of 10 years,8years,and 2 years to be
served concurrently- equal a total effective sentence of 10 years) Consecutive-The sentences are
served back to back.. The same above example would equal a total effective sentence of 20 years.
Sentencing-When a criminal defendant is brought before a judge after conviction for ordering the terms
of the punishment.
Sentence Modification-A defendant's written application to the sentencing judge or court to reduce the
sentence at any time during the sentence. The judge conducts a hearing. If the original sentence was
more than three years,the prosecutor must agree.
Small Claims-Civil actions to recover damages,or money, as high as $10,000.People often represent
themselves.
Statute-A law enacted by a legislative body.
Statue of Limitations-A certain time allowed by law for starting a case. For example ,six years in a contract
case.
State Referee- A retired judge who presides over cases referred by the court with agreement of counsel
for both parties. Has full powers of an active trial judge.
Special Sessions of the Superior Court-A program of the Judicial branch where cases of a single type are
heard by the same judge through the entire case. Examples- Drug Sessions,Tax sessions,Community
Court some examples.
Stay-Temporarily stopping a judicial proceeding.
Stipulation-A written agreement by the parties or their attorneys.
Substance Abuse Education-A community based program for drug offenders that provides education
about the harmful effects of drug abuse and also supervises community service.
Subpoena Duces Tecum-A legal paper requiring someone to produce documents or records for a trial.
Substitute Charge-In a criminal case,a charge that replaces the original charge by the prosecutor.
Subpoena-A command to appear in court to testify as a witness.
Summary Process-An eviction case.
Summons-A legal paper that is used to start a civil case and get jurisdiction over a party.
Testimony-Statements made by a witness or party under oath.
Time Served-A sentence of incarceration equal to the amount of time a defendant has already spent in
state custody waiting for disposition of the case.
Tort-A civil injury or wrong to someone else,or their property.
Trial De Novo- A new trial or retrial in which the whole case with evidence and witnesses is presented as
if no previous trial had been held.
Trial Referee-An attorney appointed to hear any civil non-jury case where the parties agree to use a trial
referee and all the legal papers have been filed.
Uncared For-Legal description of a child or youth who is homeless or whose home cannot provide the
specialized care which his or her physical,emotional or mental conditions requires.
Unconditional Discharge-A sentence in a criminal case in which the defendant is released with or without
imprisonment,probation supervision or conditions.
Vacate-To cancel a court order.
Venue-The court location.
Visitation-A court order deciding the amount of time a non-custodial parent may spend with his or her
child,also called parenting time or access.
Violation-An offense for which the only sentence authorized is a fine.
Violation of Probation-action or inaction that disobeys a condition of probation.
Voir Dire-"To speak the truth." The process of questioning prospective jurors or witnesses about their
qualifications.
Writ-Legal paper filed to start various types of civil lawsuits.
Pre-Sentence Investigation-A background investigation conducted by a probation officer on a person
who has been convicted of a criminal offense.
CIP- Children in Placement
"Chip Smith Charge-The "Chip Smith charge" is an instruction to deadlocked jurors,urging those jurors
who disagree with the majority vote to reexamine the majority views in an effort to reach a unanimous
verdict.
Mittimus Judgment-The formal document prepared by the court clerk to present a convicted defendant in
a criminal case to the Department of Correction for incarceration.
Peremptory Challenge-The rejection of a prospective juror by the attorneys in a case,without having to
give a reason. Each States law defines the number of peremptory challenges available.
Service-The Legal method for giving a copy of the court papers being filed to other parties in a case.
Thanks For The Visit!! Raymond E Smith
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