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Legal Term Glossary

A - B - C - D - E - F - G - H - I - J - L - M - N - O - P - R - S - T - U - V - W
 
 

A
Advocate
Someone who speaks on behalf of another, frequently a lawyer or paralegal.

Administrative Law Judge (ALJ)
The person who decides appeals from the decisions of government agencies such as the Department of Social and Health Services.

Affidavit
A statement made under oath and notarized by a Notary Public. Affidavits are no longer required in Washington. Instead the courts use Declarations (see definition below).

Affidavit of Paternity
An affidavit signed by an unmarried mother and father (and the mother's husband if she is married to someone else) stating who the child's father is.

Amendment
An addition or modification that changes something such as a law, rule or contract.

Appeal
A request to change a decision.

Appearance
Informing the court of your whereabouts, either in person at a Court hearing or in writing by filling out a Notice of Appearance form.

Arbitration
A process where the people in a dispute agree to allow a third person not a judge to decide their disagreement.

Arrears
Money owed but not paid.

Attorney of Record
An attorney who has filed either a Notice of Appearance or any court papers in the case.

B
Bailiff The person in charge of courtroom procedure and security.

Beneficiary A person who receives benefits or advantage (for example, money from an insurance policy).

Breach A failure to carry out an agreement or legal obligation.

C
Calendar The court's schedule of cases to be heard, also called a Docket.

Caption The heading of each legal document that contains the name of the court, the names of the parties, the case number, and the name of the document itself.

Cease and Desist Stop

Certified Copy A copy of the document from the court file made by the court clerk that has an official stamp on it. There is usually a charge for a certified copy.

Chambers The private office of a Judge or Commissioner, where s/he hears motions and signs orders when not holding court.

Clerk of the Court An officer in the County Clerk's Office who handles clerical matters like keeping records, filing documents and providing certified copies.

Commissioner (Court Commissioner) This person is similar to a judge but only makes decisions relating to a particular subject matter. Many counties have family law commissioners who decide cases only in family law, such as dissolutions.

Community Property The property you and your spouse acquired during your marriage. (See Separate Property). This includes wages, pensions and other benefits from employment during your marriage.

Compensation Something you are owed.

Complaint The initial request or plea to a court in a civil matter.

Conformed Copy A copy of any court document that has been filed and is stamped with the date filed. If the document is an order, it must have the name of the judge/court commissioner, who signed it written or stamped on the order.

Consideration Something of value.

Contempt of Court Failure to obey a judge's order.

Contested A case that is being disputed or litigated.

Continuance Postponing your court hearing to a later date.

Counterclaim A claim filed by a defendant against the plaintiff in a civil action.

Court Facilitator A court employee who can provide forms and help you fill them out but not give legal advice.

Creditor Someone owed money.

D
Debtor Someone who owes money.

Declaration (DCS) A written statement made to the court that the signer swears is true.

Decree The final court order in your dissolution. It includes the property division and the arrangements made for the care and support of your children.

Default Failure to respond to a lawsuit.

Default Order (Order of Default)
An Order that is entered after a party fails to respond to court papers within the designated time.

Defendant A person being sued in a civil matter.

Deferment A postponement of a responsibility to a later date.

Department of Social Services (DSHS) The government agency runs welfare programs.

Dissolution of Marriage Divorce

Division of Child Support (DCS) A state agency that helps one parent (or guardian) collect child support from the other parent.

E
Emancipation The point in time when parental duties of care for a child stop.

Equitable Estoppel A defense in law that forbids someone (such as DSHS) from collecting money from you because it is not your fault that you owe the money.

Escrow Account An account where money owed is kept until it is supposed to be paid. Estate The property of a deceased person.

Estoppel A legal bar to allowing something from happening.

Evidence Information used to prove a point in a court action, including what people say under oath (promising to tell the truth) and documents such as receipts, bank statements, letters, notices or others.

Exempt Property Property that can not be taken to pay off a debt.

Ex Parte Asking the Court for an Order without notifying the other party.

F
Filing Giving court papers to the court clerk to place in the case file.

Forbearance An agreement not to collect money owed.

Foreclosure A proceeding by a creditor to take back land.

Forfeiture The loss of property. Also the procedure by which the seller on a real estate contract takes back the property due to non-payment.

G
Garnishment An order requiring either a part of ones wages or money in a bank account be given to a creditor.

State Disability Insurance (SDI) A state program for people who can not work because of a disability.

Grantee Someone who gets something.

Grantor Someone who gives something.

Guardian A person appointed by a judge to look after the interests and to manage the affairs of a minor or a person who is unable to manage them him/her self.

Guardian Ad Litem A person appointed by a judge to look after the interests of a minor or an incapacitated person in a court proceeding such as a dissolution or a guardianship.

H
Hearing Going before a judge or court commissioner to request a court order.

Home State The state where the parties were living six months before the action is filed. The home state court is generally the court with jurisdiction to make final determinations in a dissolution case.

I
Incapacitated A person found by a judge to have a mental or physical condition which makes him/her unable to manage his/her own affairs.

Incompetent A person who, because of a mental or physical disability, is unable to look after his or her own affairs. Indigent Poor.

In Forma Pauperis A Latin term which means you may file your papers in court without paying the filing fee if you cannot afford the fee.

Intestate Dying without a will.

Irretrievably Broken The basis for getting a divorce. It means that you cannot successfully continue your marriage.

J
Joinder Both spouses ask the court together to dissolve their marriage, divide the property and make arrangements for the children.

Judgment The decision of a judge.

Jurisdiction The authority of a court to hear and decide cases. Jurisdiction is determined by the geographic location of the court and the subject matter of the case.

L
Lien A claim or charge against property or another asset for the payment of a debt.

M
Maintenance A fixed amount of money paid from one spouse to another for support of that spouse. This amount is separate from the amount of money paid for support of the children.

Medi-Cal A publicly funded health insurance program for low-income California residents. To qualify for Medi-Cal, an individual must (1) demonstrate membership in a group eligible for Medi-Cal coverage and (2) meet Medi-Cal's restrictive income and property standards.

Mediation An attempt to resolve a dispute by having a third disinterested person assist the parties in reaching an agreement.

Modification A change.

Motion A request to a court to issue an order.

N
Notary Public A person who authenticates a signature by determining that the person signing is truly the person of that name.

Note for Motion A written request to the clerk to schedule your case for a hearing.

Notice of Appearance A paper filed with the court showing that a party knows of the case and where to send papers filed in the future.

O
Opposing Party The person or organization you are in conflict with.

Order A court document signed by a judge or commissioner that gives an order and requires that someone do or not do something.

Order to Show Cause A court order requiring a person to appear in person at a time set by the court for a hearing.

Overpayment Money paid to you that you are not entitled to.

P
Paternity Parenthood.

Perjury Telling a lie under oath.

Petition A legal pleading making a formal request.

Plaintiff The person who is suing in a civil case.

Pleading Formal legal documents of the parties giving their respective claims and responses.

Pro Bono For free.

Pro Se Acting without the aid of an attorney; representing yourself.

Process Written notification to appear in court (see Summons)

Prosecutor The lawyer that represents the government.

Protection Order A special court order to protect a spouse from domestic violence.

R
Real Property Land and any houses or other buildings on it.

Reconsideration A request that a judge review his or her previous ruling in a case.

Repossession A right, under contract, to take back property when the debt to pay for the property has not been paid.

Visitation and custody. The residential schedule of the Parenting Plan states the time that each parent will spend with the children.

Respondent The party who is responsible to answer a legal action; the defendant in an action.

Response A formal written answer to a petition filed with the court by the respondent.

Restitution Money one must pay to compensate another for damages.

Restraining Order A court order to prevent a spouse from doing some act that may harm the other spouse.

Ruling A decision by the court.

S
Separate Property Property owned before marriage, obtained during a marriage as a result of a gift or inheritance made specifically to one spouse but not the other, or obtained after separation of the spouses.

Service Giving court papers to the other party by hand delivering, sending them by certified mail or notifying the other party of the dissolution case through publication of a notice in a newspaper.

Statute A law.

Summons Notice that a lawsuit has been filed and an explanation of how to respond.

Supplemental Security Income (SSI) A federal program for poor people who cannot work because of a disability.

T
Temporary Assistance for Needy Families (TANF) The state welfare program.

Temporary Order An order entered after a case is filed which is in effect until a final order is entered.

Testator A person who leaves property through a will.

U
UCCJA Declaration A declaration required by the Uniform Child Custody Jurisdiction Act which you must include in the petition. This informs the court where the children of the marriage have lived and with whom.

Unlawful Detainer The court action used by a landlord to evict a tenant.

V
Venue The county where the case should be filed, usually the county where you live.

W
Warranty of Liability The requirement that a rental unit be clean and safe.

Writ of Restitution The order of a court to a sheriff to remove a tenant from a rental unit.