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A abandonment: When a parent leaves a child without enough care, supervision, support, or parental contact for an excessive period of time.

abrogate: To repeal or cancel an old law using another law or constitutional power.

abstract: A summary of what a court or government agency does.

abstract of judgment Summary of the courts final decision. Can be used as a lien if you file it with the county recorder.

accessory: A person that helps someone else commit a crime, either before or after the crime.

accomplice: A person that helps someone else commit a crime. Can be on purpose or not.

accrual: The total amount of child support payments that you owe or that are late.

accused: The person that is charged with a crime and has to go to criminal court. (See defendant.)

acknowledgment: Saying, testifying, or assuring that something is true. You can say this out loud or write it down.

Acknowledgment of Satisfaction of Judgment: A court form that the judgment creditor must fill out, sign, and file with the court when the judgment is fully paid. If no liens exist, the back of the Notice of Entry of Judgment can be signed and filed with the court. (See judgment creditor, judgment.)

acquittal: When a judge or jury finds that the person on trial is not guilty.

action: In court, when one person sues someone else to:

active status: A case that is in court but isnt "settled" or "decided" has active status. (See disposition, pending.)

adjournment: When a judge hears and decides a case.

adjudication: The judges decision in a case or action.

ad litem: "For this lawsuit." Comes from Latin.

administrative procedure: The way an executive government agency makes and enforces support orders without going to court.

admissible evidence: Evidence that can legally and properly be used in court.

admission: Saying that certain facts are true. But not saying you are guilty. (Compare with confession.)

admonish: To warn, advise, or scold.

admonition to jury: What the judge says to the jury about:

(1) what they must do and how they must behave,

(2) what evidence they can use to make their decision (called "admissible" evidence), and

(3) how they can use that evidence to make a decision.

adoption: The way to make the relationship between a parent and child legal when they are not related by blood.

adversary system: The system of trial practice in the United States and some other countries in which each of the opposing (or "adversary") parties has the opportunity to present and establish opposing positions before the court.

adverse witness: A person called to testify for the other side.

affidavit: A written statement that someone swears to under oath in front of someone that is legally authorized, like a judge or notary public.

affirm: To make a solemn (serious) statement.

affirmation: When an appellate court says that the lower courts decision was right.

affirmative defense: When a defendant or person responding to a civil case has a reason that would make him or her "not guilty" or not at fault and gives the court new evidence to prove that. The defense has to prove what it says (called "burden of proof"). The defense has to explain this defense in their answer.

agent: Someone that has authority to act for another.

Aid to Families With Dependent Children (AFDC): A past government program that used to give money (also called "public assistance") to families with children. This was replaced by Temporary Aid for Needy Families (TANF).

alibi: A defense claim that the accused was somewhere else at the time a crime was committed.

alimony: Money the court orders you to pay to a spouse or ex-spouse. (See spousal support.)

allegation: A statement or claim that is made and hasnt been proved to be true or false.

allege: To say, declare, or charge that something is true even though it isnt proved yet.

alternative dispute resolution (ADR): Methods of resolving disputes without official court proceedings. These methods include mediation and arbitration.

amend: To add to or change a claim that has been filed in court.

amicus curiae: Someone that gives advice to the court about the law in a case, but isnt part of the case. Comes from the Latin for "friend of the court."

annulment ("nullity of marriage"): A legal action that says your marriage was never legally valid because of unsound mind, incest, bigamy, being too young to consent, fraud, force, or physical incapacity.

anonymous: When someones name is kept secret.

answer: A statement that a defendant writes to answer a civil complaint and say what defense they will use.

appeal: When someone that loses at least part of a case asks a higher court (called an "appellate court") to review the decision and say if it was right. This is called "to appeal" or "to take an appeal." The person that appeals is called the "appellant." The other person is called the "appellee."

appearance: Going to court. Or a legal paper that says you will participate in the court process.

appellant: Someone that appeals a courts decision. (Compare with appellee.)

appellate: Having to do with appeals. An appellate court can review a lower courts (called a "trial court" or "superior court") decision. For example, California Courts of Appeal review the decisions of the superior courts.

appellate court: A court that can review how the law was used to decide a case in a lower court.

appellee: A person that answers an appeal in higher court.

arbitration: When a person that isnt involved in the case looks at the evidence, hears the arguments, and makes a decision. (Compare with mediation and neutral evaluation.)

arraignment: When a person that is accused of committing a crime is:

arrearage: Child support that is overdue or unpaid. A parent that has arrearages is "in arrears."

arrest: The legal capture of a person that is charged with a crime.

ascertained: Proved to be true.

assault: When someone tries or threatens to hurt you. Can include violence, but is not battery. (See battery.)

assignee: A person or business that is put in the place of the original creditor, such as a collection agency. You can assign your judgment to another person or business.

assignment: Choosing someone to do something. Usually used in:

(1) Cases when the court uses a calendar to give (or "assign") cases to judges;

(2) Lawyers when lawyers are chosen (or "appointed") to represent juveniles, conservatees, or poor defendants; and

(3) Judges when judges are sent (or "assigned") to different courts to fill in while other judges are on vacation, sick, etc., or to help with cases in a court.

assignment of support rights: When a person that gets public assistance (money from the government) agrees to give the state any child support they get in the future. The person gets money and other benefits from the state. So the state can use part of the child support to pay for the cost of that public assistance.

assignment order: A court order (made after a motion) that says a judgment debtor must assign certain rights to the judgment creditor. Useful for payments that the judgment debtor would usually get, like rent from tenants, wages from the federal government, sales commissions, royalties, a businesss accounts receivable, or installment payments on IOUs (also called "promissory notes") or judgments.

at-issue memorandum: A legal paper filed in a civil case that says the case is ready to go to trial. (See memorandum to set.)

attachment: (1) Document attached to court papers to give more information; (2) A way to collect a judgment: by getting a court order that says you can take a piece of property.

attorney: Someone that is qualified to represent clients in court and to give them legal advice. (See counsel and lawyer.)

attorney of record: The lawyer whose name is listed in a case record as representing someone in the case.

audit: When records or accounts are looked at to check that they are right and complete.

automated administrative enforcement of interstate (AEI) cases: Part of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) that lets states find, put a lien on, and take property from people in a different state that owe money.

automated voice response (AVR) system: Phone system that gives information to people over the phone.

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B

backlog: All the cases that havent been settled or decided in the time the law says they should be.

bail: A security deposit (usually money) given to release a defendant or witness from custody and to make sure that they go to court when theyre supposed to.

bail bond: A legal paper that you buy from a bondsman and give to the court instead of bail. The defendant signs it and is let go. But if they dont come to court when theyre supposed to, they must pay the amount of money on the bail bond.

bail exoneration: When you get your bail back. Or when a bail bondsman or insurance ("surety") company isnt responsible for your bail anymore.

bail forfeiture: A court order to let the court keep the bail deposit because the defendant didnt go to court when they were supposed to.

bail notice: A legal paper from the court that says the court will make a warrant for arrest unless the defendant goes to court or pays bail.

bail receipt: A written statement that the court gives a defendant that says bail was paid.

bail schedule: A list of the amount of bail that is recommended for different charges. In criminal cases, the court decides how much bail a defendant has to pay to be released.

bailiff: A person that is in charge of security in the court. Bailiffs are picked by sheriffs or marshals.

bank levy: Way to enforce a decision against someone that owes money. The money is taken from their checking or savings account at a bank, savings and loan, thrift institution, or credit union.

bankruptcy: The legal way for a business or person to get help when they cant pay the money they owe. In bankruptcy court, they can get rid of debts by paying part of what they owe. There are special bankruptcy judges at these hearings.

bar: All of the lawyers qualified to practice law. For example, a state bar includes all of the lawyers qualified to practice law in that state.

battery: Illegal beating or physical violence or control of a person without their permission. (Compare with assault.)

behavior intervention plan: Plan made by a local educational agency (LEA), as part of the individualized education program (IEP), to change the behavior of students that hurt themselves, assault others, or are destructive.

bench: (1) The desk where a judge sits in court;

(2) Judges in general or a specific judge.

bench trial: Trial without a jury. The judge decides the case.

bench warrant: An order given by the judge (or "bench") to arrest a person. (See warrant, writ.)

best interest of the child: the standard that courts use to decide who will take care of the child. Some of the factors courts look at are: the age of the child, the health of the child, the emotional ties between the parents and the child, the ability of the parents to care for the child, and the child's ties to school, home, and the community.

bifurcation: to separate the legal issues in a case. For example, sometimes spouses or domestic partners cannot agree on all the issues in a divorce and it is holding up the divorce itself. The parties may want to move ahead with ending the marital status or domestic partnership while other issues remain to be resolved. To do this, a party can ask for a bifurcation of marital/partnership status. This means that the court makes a decision on ending your marriage or domestic partnership while other issues remain open and to be decided. Click to learn how to ask for a bifurcation in a divorce or legal separation case.

bind: To make yourself or someone else legally responsible for something.

bind over: A judges decision before a trial that says there is enough evidence for a trial.

blocked account: An account with a financial institution in which money or securities are placed. No person may withdraw funds from a blocked account without the court's permission.

blood test: Testing someones blood sample to:

(1) see how much of a certain chemical is in the blood, or

(2) see who is the parent of a child. (See genetic testing.)

bona fide: Sincere, real, without fraud or deceit. Comes from the Latin for "in good faith."

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Self-Help Glossary - selfhelp - California Courts