GLOSSARY OF LEGAL TERMS

 

 


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14 DAY RULE  --  A rule which requires that a person charged with a felony be given a preliminary examination not more than 14 days after the person’s arraignment on the original warrant.  See MCL 766.4, MCR 6.104(E)(4).

 

180 DAY RULE  -- 

1.      A rule which allows those accused of a felony who have been in jail for 180 days and who have not yet been brought to trial, to be released on their own recognizance if they delay has not been caused by the accused or the accused’s attorney.

2.      A rule which requires all pending charges against a prison inmate be brought to trial in 180 days or be dismissed with prejudice.  

 

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A

 

ABATEMENT- A reduction in some amount that is owed, usually granted by the person to whom the debt is owed. For example, a landlord might grant an abatement in rent. In estate law, the word may refer more specifically to a situation where property identified in a will cannot be given to the beneficiary because it had to be sold to pay off the deceased debts. Debts are paid before gifts made in wills are distributed and where a specific gift has to be sold to pay off a debt, it is said to "abate" (compare with "ademption").


ABBACINARE - A barbaric form of corporal punishment meted out in the middle ages where persons would be permanently blinded by the pressing of hot irons to the open eyes.

ABDUCTION - To take someone away from a place without that person's consent or by fraud. See also "kidnapping".

ABET - The act of encouraging or inciting another to do a certain thing, such as a crime. For example, many countries will equally punish a person who aids or abets another to commit a crime.

Ab initio - Latin: from the start.  

ABSTRACT OF CONVICTION - Summary of the court's findings on a moving violation

ABSTRACT OF RECORD - An abbreviated or partial record.

ABSTRACT OF TITLE - A condensed history of the chain of title to land, used to determine or establish present ownership.

ACCELERATION CLAUSE - A clause in a contract that states that if a payment is missed, or some other default occurs (such as the debtor becoming insolvent), then the contract is fully due immediately. This is a typical clause in a loan contract; miss one payment and the agreement to pay at regular intervals is voided and the entire amount becomes due and payable immediately.

ACCEPTANCE - One of three requisites to a valid contract under common law (the other two being an offer and consideration). A contract is a legally binding agreement between two or more parties which starts with an offer from one person but which does not become a contract until the other party signifies an unequivocal willingness to accept the terms of that offer. The moment of acceptance is the moment from which a contract is said to exist, and not before. Acceptance need not always be direct and can, in certain circumstances, be implied by conduct (see acquiescence below).

ACCESSORY - One who knowingly and intentionally contributes to or aids in the commission of a crime, before or after, but not necessarily during, the commission of a crime.

ACCOMPLICE - One who participates in the commission of a crime, other that the person actually doing that act constituting the crime.

ACCORD AND SATISFACTION - A term of contract law by which one party, having complied with its obligation under a contract, accepts some type of compensation from the other party (usually money and of a lesser value) in lieu of enforcing the contract and holding the other party to their obligation. This discharges the contract. The definition cited by lawyers is usually that found in British Russian Gazette & Trade Outlook Ltd. v. Associated Newspapers Ltd. (1933) 2 K.B. 616: "Accord and satisfaction is the purchase of a release from an obligation arising under contract or tort by means of any valuable consideration, not being the actual performance of the obligation itself. The accord is the agreement by which the obligation is discharged. The satisfaction is the consideration which makes the agreement operative."

ACCRETION - The imperceptible and gradual addition to land by the slow action of water. Heavy rain, river or ocean action would have this effect by either washing up sand or soil or by a permanent retreat of the high water mark. The washing up of soil is often called avulsion although the latter term is but a variety of accretion.

ACQUIESCENCE - Action or inaction, which binds a person legally even though it was not intended as such. For example, an action which is not intended as a direct acceptance of a contract will nevertheless stand as such as it implies recognition of the terms of the contract. For example, if I display a basket of fruit in a marketplace and you come by, inspect an apple and then bite into it, you have acquiesced to the contract of sale of that apple. Acquiescence also refers to allowing too much time to pass since you had knowledge of an event which may have allowed you to have legal recourse against another, implying that you waive your rights to that legal recourse. 

ACQUIT - To find not guilty and set free.

ACQUITAL - A judgment of not guilty in a criminal case

ACT - A bill that has passed through the various legislative steps required for it and which has become law, as in "an Act of the Commonwealth of Australia." Synonymous to statute, legislation or law.

ACT OF GOD - An event which is caused solely by the effect of nature or natural causes and without any interference by humans whatsoever. Insurance contracts often exclude "acts of God" from the list of insurable occurrences as a means to waive their obligations for damage caused by hurricanes, floods or earthquakes, all examples of "acts of God".
ACTION - A legal dispute brought forward before a court.  An action is also referred to as a "case," "lawsuit," "cause of action,"or "cause

Ad damnum - Latin: refers to the parts or sections of a petition that speaks to the damages that were suffered and claimed by the plaintiff. The ad damnum part of a petition will usually suggest an amount in dollars that the plaintiff asks the court to award."

ADDENDUM - An attachment to a written document. For example, affidavits may be addendums to a petition as a petition may be an addendum to a writ.

ADEMPTION - When property identified in a will cannot be given to the beneficiary because it no longer belonged to the deceased at the time of death. For example, the particular gift may have been destroyed, sold or given away between the time of the will and the time of death. Compare this with "abatement".

ADDITUR - The power of a trial court to increase the amount of an award made by a jury verdict as an alternative to granting a new trial.

ADEHESION CONTRACT - A fine-print consumer form contract which is generally given to consumers at point-of-sale, with no opportunity for negotiation as to it's terms, and which, typically, sets out the terms and conditions of the sale, usually to the advantage of the seller.

Ad hoc - Latin: for this purpose; for a specific purpose. An ad hoc committee, for example, is created with a unique and specific purpose or task and once it has studied and reports on the matter, it stands disbanded (compare with standing committee).

Ad infinitum - Latin: forever; without limit; indefinitely.

ADJOURN - To suspend indefinitely, or until a later stated time.

ADJOURNMENT - The postponing or putting off a case or session of court until

another time or place.

ADJUDICATE  - To determine judicially.

ADJUDICATION - The final judicial determination of a case by a finding of guilt or innocence by a trial court in a criminal case or the giving of a judgment or a decree in a civil case.

Ad litem - Latin: for the suit. A person appointed only for the purposes of prosecuting or defending an action on behalf of another such as a child or mentally challenged person. Also called a guardian ad litem.

ADMINISTRATIVE AGENCY REGULATIONS - Rules adopted by an administrative agency (such as the Department of State or the Department of Natural Resources) to govern matters under the jurisdiction of the agency.

ADMINISTRATIVE LAW - Synonymous with "natural justice." Administrative law is that body of law, which applies for hearings before quasi-judicial or administrative tribunals. This would include, as a minimum, the principles of natural justice as embodied in audi alteram partem and nemo judex in sua causa. Many quasi-judicial organizations or administrative tribunals supplement the rules of natural justice with their own detailed rules of procedure.

ADMINISTRATIVE ORDERS – Orders issued by the Michigan Supreme Court to regulate court procedures.

ADMINISTRATOR DE BONIS NON – In cases where the administration of the decedent’s estate is left unfinished due to the death, removal, or resignation of the personal representative, a court may appoint a new personal representative to complete the administration of the estate. In some jurisdictions, the new personal representative is called the "administrator de bonis non." Under the Michigan Revised Probate Code, this person is referred to as a "successor personal representative."

ADULT – Someone who is no longer a minor. In criminal cases, an adult is someone age 17 or older. See MCL 712A.2(a). In most other proceedings, an adult is someone age 18 or older. See MCL 700.8(5). See also MINOR.

ADMINISTRATIVE TRIBUNAL - Hybrid adjudicating authorities, which straddle the line between government and the courts. Between routine government policy decision-making bodies and the traditional court forums lies a hybrid, sometimes called a "tribunal" or "administrative tribunal" and not necessarily presided by judges. These operate as a government policy-making body at times but also exercise a licensing, certifying, approval or other adjudication authority which is "quasi-judicial" because it directly affects the legal rights of a person. Administrative tribunals are often referred to as "Commission", "Authority" or "Board."

ADMINISTRATOR - A person who administers the estate of a person deceased. The administrator is appointed by a court and is the person who would then have power to deal with the debts and assets of a person who died intestate. Female administrators are called "administratrix." An administrator is a personal representative.

 

ADR - Abbreviation for alternative dispute resolution.

 

ADULTERY - Voluntary sexual intercourse between a married person and another person who is not their married spouse. In most countries, this is a legal ground for divorce. The person who seduces another's spouse is known as the "adulterer." In old English law, this was also known as criminal conversation.

 

Ad Valorem - According to the value.  For example, an ad valorem tax on an automobile is one where the tax depends on the value of the automobile.

 

ADVERSE POSSESSION - The possession of land, without legal title, for a period of time sufficient to become recognized as legal owner. The more common word for this is "squatters." Each state has its own period of time after which a squatter can acquire legal title. Some states prohibit title by mere prescription or possession.

AFFIANT - One who, being sworn, makes and signs an affidavit; a deponent.

AFFIDAVIT - A statement, which before being signed, the person signing takes an oath that, the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, to the effect that the person signing the affidavit was under oath when doing so. These documents carry great weight in Courts to the extent that judges frequently accept an affidavit instead of the testimony of the witness.

AFFINITY - The relationship that exists as a result of a marriage, between a wife and her husband’s relatives, or a husband and his wife’s relatives, as distinguished from relationship by blood.

AFFIRMATION - A solemn and formal declaration that a statement is true. In certain cases, an affirmation may be substituted for an oath.

AGENT - A person who has received the power to act on behalf of another, binding that other person as if he or she were himself or herself making the decisions. The person who is being represented by the agent is referred to as the "principal."

 

AGGRAVATED DAMAGES - Special and highly exceptional damages awarded by a court where the circumstances of the tortuous conduct have been particularly humiliating or malicious towards the plaintiff/victim.

ALIAS SUMMONS - A second or subsequent summons issued after the originally issued summons expires without being served.

ALLEGATION - A declaration, assertion, or statement of a party to a lawsuit, made in a pleading, and setting out what the party intends to prove.

Alimony - An amount given to one spouse to another while they are separated. Historically, the word "alimony" referred to monies paid while spouses were legally separated but stilled wed locked. Where they were divorced, the monies payable were then referred to as "maintenance" but this distinction is now in disuse.

 

Alliance - A military treaty between two or more states, providing for a mutually-planned offensive, or for assistance in the case of attack on any member.

 

Alienate - To sell or give completely and without reserve; to transfer title to somebody else. A voluntary conveyance of property, especially real property.

 

AllodiaL A kind of land ownership that is unfettered, outright and absolute. It is the opposite of the feudal system and supposes no obligation to another (ie. a lord).

 

Allonge

A piece of paper which has been attached to a contract, a check or any promissory note, on which to add signatures because there is not enough room on the main document.

 

Alternative dispute resolution - Also known as "ADR"; methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usually through one of two forms: mediation or arbitration. It typically involves a process much less formal than the traditional court process and includes the appointment of a third-party to preside over a hearing between the parties. The advantages of ADR are speed and money: it costs less and is quicker than court litigation. ADR forums are also private. The disadvantage is that it often involves compromise.

 

Amalgamation - The merging of two things together to form one such as the amalgamation of different companies to form a single company.

 

Ambassador - A citizen that has been officially asked by their country to live in another country in order to legally represent it. For example, the USA has sent ambassadors to live, and represent the USA, in almost all other countries.

 

Ambulatory - Something, which is not cast in stone; which can be changed or revoked, such as a will.

 

Amend - To change, to revise, usually to the wording of a written document such as legislation.

 

Amicus curiae - Latin: friend of the court. Refers more specifically to persons asking for permission to intervene in a case in which they are neither plaintiff nor defendant, usually to present their point of view (or that of their organization) in a case, which has the potential of setting a legal precedent in their area of activity. This is common, for example, in civil rights cases and, in some instances, can only be done with the permission of the parties or the court.

 

Ancillary - That which is part of but subordinate to some other proceeding.

 

Ancillary Administration - Administration of an estate in another jurisdiction where a decedent had property but where the decedent did not live.

 

Annulment - To make void; to cancel an event or judicial proceeding both retroactively and for the future. Where, for example, a marriage is annulled, it is struck from all records and stands as having never transpired in law. This differs from a divorce, which merely cancels a valid marriage only from the date of the divorce. A marriage annulled stands, in law, as if never performed.

 

Answer - The legal paper in which the defendant answers the claims of the plaintiff in a lawsuit.

 

Antedate - To date back; retroactively. To date a document to a time before it was written.

 

Antenuptial - An event or document, which pre-dates a marriage. For example, an "ante nuptial agreement" is one, which is signed before marriage. A ante nuptial gift is a gift given by one spouse to the other before marriage.

 

Anti-trust - (USA)"Anti-trust" legislation is designed to prevent businesses from price-setting or other secret collaboration which circumvents the natural forces of a free market economy and gives those engaging in the anti-trust conduct, a covert competitive edge. Also known as "anti-combines" or "competition" legislation.

 

Appeal - To ask a more senior court or person to review a decision of a subordinate court or person. In some countries such as Canada, the USA and Australia, appeals can continue all the way up to the Supreme Court, where the decision is final in that it can no longer be appealed. That is why it is called "supreme" (although, in Australia the supreme court is called the High Court).

 

Appeal by Application or Leave - An appeal where permission must be obtained from the higher court before the appeal may be filed

 

Appeal by Right - An appeal to a higher court where permission does not first have to be obtained.

 

Appeal Record - The record sent by the trial court of what happened at the trial court. Must be either a copy of the court record and transcripts or a settled record.

 

Appearance - The act of showing up in court as either plaintiff, defendant, accused or any other party to a civil or criminal suit. It implies that you accept the power of the court to try the matter (i.e. "jurisdiction"). Appearances are most often made by lawyers on their client’s behalf and any appearance by a lawyer binds the client. You can make a limited appearance called a "special appearance" in which your presence is not to imply acceptance of the court's jurisdiction but, rather, to challenge the jurisdiction of the court. An example of the usefulness of a "special appearance" would be where you want to raise the fact that you were never properly served with the court papers.

 

Appellant - In a case on appeal, the party appealing a decision or judgment to a higher court.

 

Appellate Court - A court which reviews lower court decisions, generally on the record of the lower court. Cases from the district courts are appealed to the circuit court. Cases from the circuit court are appealed to the Court of Appeals. Cases from the probate court are appealed to either the circuit court or the Court of Appeals depending upon the type of case. A limited number of cases may also be appealed to the Michigan Supreme Court.

 

Appellee - In a case on appeal, the party who did not appeal the lower court’s decision.

 

Application - Placing a request or petition before the court. The act of making the request.

 

Application for Leave to Appeal - A document requesting the appellate court to hear a party’s appeal from a judgment when the party has no appeal of right or the time limit for an appeal of right has expired. An "application for leave to appeal" must be made if one wishes to have the court consider one’s appeal where there is no appeal of right. The Court has final discretion to accept or reject an application.

 

Apportionment - The division and distribution of something into proportionate parts; to each according to their share. For example, if a court ordered apportionment of a contract, the party would be required to perform only to a extent equal to the performance of the other side.

 

Appurtenance

Something that, although detached, stands as part of another thing. An attachment or appendage to something else. Used often in a real estate context where an "appurtenance" may be, for example, a right-of-way over water, which, although physically detached, is part of the legal rights of the owner of another property.

 

Arbitration

A alternative dispute resolution method by which an independent, neutral third person ("arbitrator") is appointed to hear and consider the merits of the dispute and renders a final and binding decision called an award. The process is similar to the litigation process as it involves adjudication, except that the parties choose their arbitrator and the manner in which the arbitration will proceed. The decision of the arbitrator is known as an "award." Compare with mediation.

 

Arraignment

In USA criminal law, the formal appearance of an accused person to hear, and to receive a copy of, the charge against him or her, in the presence of a judge, and to then enter a plea of guilty or not guilty. The arraignment is the final preparatory step before the criminal trial.

 

Arrears

A debt that is not paid on the due date adds up and accumulates as "arrears". For example, if you do not pay your rent, the debt still exists and is referred to as "arrears". The same word is used to describe child or spousal maintenance or support, which is not paid by the due date.

 

Arrest Warrant - An order issued to a peace officer by a judge or magistrate, requiring the arrest of a named person.

 

Arson - Some countries define "arson" as the intentional setting of a fire to a building in which people live; others include as "arson" the intentionally setting of a fire to any building. In either case, this is a very serious crime and is punishable by a long jail sentence.

 

Assault - The touching of another person with intent to harm, without that person's consent.

 

Assign - To give, to transfer responsibility, to another. The assignee (sometimes also called "assigns") is the person who receives the right or property being given and the assignor is the person giving.

 

Attachment - The act of seizing a person or property under the authority of a judicial order so that the person or property is before the court, subject to its judgment.

 

Attest, Attestation - Signing as a witness to the execution of a written document.

 

Attorn or Attornment - To consent, implicitly or explicitly, to a transfer of a right. Often used to describe a situation where a tenant, by staying on location after the sale of the leased property, accepts to be a tenant of the new landlord; or where a person consents to ("attorns to") the jurisdiction of a court, which would not have otherwise had any authority over that person.

 

Attorney - An alternate word for lawyers or "barrister & solicitor", used mostly in the USA. A person that has been trained in the law and that has been certified to give legal advice or to represent others in litigation.

 

Attorney in Fact - The attorney acting in a fiduciary capacity under a "power of attorney." See POWER OF ATTORNEY.

 

Attorney of Record - The attorney named in the records or file of a case who bears the responsibility for the handling of the case on behalf of the party he or she represents.

 

Audi alteram partem  -Latin: a principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard. Habeas corpus was an early expression of the audi alteram partem principle. In more recent years, it has been extended to include the right to receive notice of a hearing and to be given an opportunity to be represented or heard.

 

Autrefois acquit

French word now part of English criminal law terminology. Refers to an accused that cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted. If the accused maintains that the previous trial resulted in conviction, he or she pleads, "autrefois convict." "Autrefois attaint" is another similar term; "attainted" for a felony, a person cannot be tried again for the same offence.

 

Authenicated - Certification of original or copy of recorded document.

 

Averment - Something alleged or asserted in a pleading. See also ALLEGATION.

 

A vinculo matrimonii

Latin: of marriage. The term is now used to refer to a final and permanent divorce.

 

Avulsion

Land accretion that occurs by the erosion or addition of one's land by the sudden and unexpected change in a river stream such as a flash flood.

 

Avunculus - Latin: a mother's brother. "Avuncular" refers to an uncle.

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B

 

Backlog – Total inventory of cases at issue (in civil cases) or defendants arraigned (in criminal cases) and awaiting trial.

 

Bad faith - Intent to deceive. A person who intentionally tries to deceive or mislead another in order to gain some advantage.

 

Bail – Criminal law: a commitment made (and possibly secured by cash or property) to secure the release of a person being held in custody and suspected of a crime, to provide some kind of guarantee that the suspect will appear to answer the charges at some later date.

 

Bail Bond – A financial obligation signed by the accused and those who serve as sureties to guarantee his or her future appearance in court.

 

Bailee  - The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property while it remains in his or her possession.

 

Bailiff - A court employee who maintains order in the courtroom and who is responsible for the custody of the jury, among other functions.

 

Bailment - The transfer of possession of something (by the bailor) to another person (called the bailee) for some temporary purpose (e.g. storage) after which the property is either returned to the bailor or otherwise disposed of in accordance with the contract of bailment.

 

Bailor - The person who temporarily transfers possession of property to another, the bailee, under a contract of bailment.

 

Bankruptcy - The formal condition of an insolvent person being declared bankrupt under law. The legal effect is to divert most of the debtor's assets and debts to the administration of a third person, sometimes called a "trustee in bankruptcy", from which outstanding debts are paid pro rata. Bankruptcy forces the debtor into a statutory period during which his or her commercial and financial affairs are administered under the strict supervision of the trustee. Bankruptcy usually involves the removal of several special legal rights such as the right to sit on a board of directors or, for some professions that form part of the justice system, to practice, such as lawyers or judges. Commercial organizations usually add other non-legal burdens upon bankrupts such as the refusal of credit. The duration of "bankruptcy" status varies from state to state but it does have the benefit of erasing most debts even if they were not satisfied by the sale of the debtor's assets.

 

Bare trust - A trust that has become passive for the trustee because all the duties the settlor may have imposed upon the trustee have been performed or any conditions or terms have come to fruition, such as there is no longer any impediment to the transfer of the property to the beneficiary.

 

Barrister - A litigation specialist; a lawyer that restricts his or her practice to the court room. In England and some other Commonwealth jurisdictions, a legal distinction is made between barristers and solicitors, the latter with exclusive privileges of advising clients, providing legal advice, and the former with exclusive privileges of appearing in a court on behalf of a client. In other words, solicitors don't appear in court on a client's behalf and barristers don't give legal advice to clients. In England, barristers and solicitors work as a team: the solicitor would typically make the first contact with a client and if the issue cannot be resolved and proceeds to trial, the solicitor would transfer the case to a barrister for the duration of the litigation. Lawyers in some states, such as Canada, sometimes use the title "barrister and solicitor" even though, contrary to England, there is no legal distinction between the advising and litigating roles. Canadian lawyers can litigate or give legal advice, as is the case in the USA, where lawyers are referred to as "attorneys."

 

Bastard - An illegitimate child, born in a relationship between two persons that are not married (ie. not in wedlock) or who are not married at the time of the child's birth.

 

Bench - A judge in court session

 

Bench Trial - Trail of a case held before a judge sitting without a jury.

 

Bench Warrant - An order issued by the court, ("from the bench") for the arrest of a person for violating a court order. See CAPIAS.

 

Beneficiary - In a legal context, a "beneficiary" usually refers to the person for whom a trust has been created. May also be referred to as a "donee" or, for legal techies, as a cestui que trust. Trusts are made to advantage a beneficiary (i.e. A settlor (also called a "donor") transfers property to a trustee, the profits of which are to be given to the beneficiary).

 

Bequeath -To give personal property by a will. This term has been replaced by the term "devise" under the Michigan Revised Probate Code. See DEVISE, MICHIGAN REVISED PROBATE CODE.

 

Bequest - Former term used for gift of personal property by a will. Under the Michigan Revised Probate Code, now called a "devise." See DEVISE, MICHIGAN REVISED PROBATE CODE.

 

Berne Convention - An international copyright treaty called the Convention for the Protection of Literary and Artistic Works signed at Berne, Switzerland in 1886 (amended several times and as late as 1971) and to which now subscribe 77 nations including all major trading countries including China, with the notable exception of Russia. It is based on the principle of national treatment.

 

Bigamy - Being married to more than one person at the same time. This is a criminal offence in most countries.

 

Bill of exchange - A written order from one person (the payor) to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at some fixed future date, a certain sum of money, to either the person identified as payee or to any person presenting the bill of exchange. A check is a form of bill of exchange where the order is given to a bank.

 

Bill of lading - A document that a transport company possesses acknowledging that it has received goods, and serves as title for the purpose of transportation.

 

Blind trust - A trust set up by a settlor who reserves the right to terminate the trust but other than that, agrees to assert no power over the trust, which is administered without account to the beneficiary/settlor or the retention of any other measure of control over the trust's administration. In Canada, for example, it is common for government ministers to vest all their investment property to a blind trust to avoid any conflict of interest.

 

Bind - To create a legal obligation upon one’s self or upon another.

 

Bind Over - To hold for trial; a finding at a preliminary examination that sufficient evidence exists to require a trial on the charges made against the defendant.

 

Bona vacantia - Property that belongs to no person, and which may be claimed by a finder. In some states, the government becomes owner of all bona vacantia property.

 

Bond – A promise or contract to do or perform a specified act(s) or to pay a penalty for failure to perform, usually guaranteed by a "surety" who promises to pay if the "principal" defaults, or by deposit of money as a "cash bond." Means basically the same as "bail" on criminal cases; contract to pay; security. A contract to pay when another person defaults - a surety. A contract to act as surety and to pay where the principal defaults. It is given by public officers to guarantee honest and faithful performance of their official duties while in office.  If the principal defaults, the surety has to pay, and the surety can then collect from the principal. Not the same as insurance.

 

Born out of wedlock - Born of parents who were not married at the time of birth.

 

Breach of contract - The failure to do what one promised to do under a contract. Proving a breach of contract is a prerequisite of any suit for damages based on the contract.

 

Breach of trust - Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement or the law of trusts. A prime example is the redirecting of trust property from the trust to the trustee, personally.

 

Brief - A written argument submitted to the court by counsel setting forth facts and/or law supporting his or her client’s case.

 

Buggery - Synonymous with sodomy and referring to "unnatural" sex acts, including copulation, either between two persons of the same sex or between a person and an animal (the latter act also known as "bestiality"). Most countries outlaw bestiality but homosexual activity is gradually being decriminalized.

 

Burden of proof - A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. For example, in criminal trials, the prosecution has the burden of proving the accused guilt because innocence is presumed.

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C

 

Calendar - A list of all pending cases, or all pending issues ready for trail in court. A court’s complete trial (etc.) schedule. Often used interchangeably, but improperly, with "docket."

 

Calendar Audit - Review of status of all cases on active lists. The audit might result in the removal of cases from the calendar and identification of cases, which have been delayed excessively.

 

Canon law - The law of the Christian Church. Has little or no legal effect today. Canon law refers to that body of law which has been set by the Christian Church and which, in virtually all places, is not binding upon citizens and has virtually no recognition in the judicial system. Some citizens resort to canon law, however, for procedures such as marriage annulments to allow for a Christian church marriage where one of the parties has been previously divorced. Many churchgoers and church officers abide by rulings and doctrines of canon law. Also known as "ecclesiastical law."

 

Canons of Ethics - A document outlining the professional responsibilities and goals of doctors, lawyers, judges, etc. In Michigan, the canons for judges are found in the Code of Judicial Conduct. Canons for lawyers are found in the Michigan Rules of Professional Conduct.

 

Capias – A bench warrant, issued when a defendant does not appear in court when required to do so; court-issued warrant for arrest.

 

Capital punishment - The most severe of all sentences: that of death. Also known as the death penalty, capital punishment has been banned in many countries. In the United States, an earlier move to eliminate capital punishment has now been reversed and more and more states are resorting to capital punishment for serious offenses such as murder.

 

Case - A legal dispute brought before a court. A "case" is also referred to as an "action," "lawsuit," "cause of action," or "cause."

 

Caseflow – The management of cases through the court; the passage of cases through the court system. (Ideally cases are to "flow" through the judicial process in a smooth, orderly manner, hence the name "caseflow").

 

Case law - The entire collection of published legal decisions of the courts, which, because of stare decisis, contributes a large part of the legal rules, which apply in modern society. If a rule of law cannot be found in written laws, lawyers will often say that it is a rule to be found in "case law". In other words, the rule is not in the statute books but can be found as a principle of law established by a judge in some recorded case. The word jurisprudence has become synonymous for case law.

 

Caseload - The number of cases a judge handles in a specific time period.

 

Cause of Action, Cause - A legal dispute brought before a court, also referred to as an "action," lawsuit," or "case." The right to judicial relief, also referred to as a "claim."

 

Caveat  - Latin: let him beware. A formal warning. 

 

Caveat emptor means let the buyer beware or that the buyers should examine and check for themselves things which they intend to purchase and that they cannot later hold the vendor responsible for the broken condition of the thing bought.

 

Certification - s pertains to mental health: The written conclusion and statements of a physician that an individual is a person requiring treatment together with the information and opinions in reasonable detail which underlie the conclusion.

 

Certified Copy - A copy of a document, order or record of the court, or other public office, signed and certified as an exact duplicate by the officer of the court having custody of the original.

 

Certify - To vouch for something in writing; to put in writing a statement. To attest in writing to the authenticity and accuracy of a written instrument or document, or a copy of it.

 

Certiorari - A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an administrative tribunal, judicial office or organization (eg. government) and to decide if the decision has been regular and complete or if there has been an error of law. For example, a certiorari may be used to wipe out a decision of an administrative tribunal, which was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard.

 

Cestui que trust or cestui que use - The formal Latin word for the beneficiary or donee of a trust.

 

Ceteris paribus - Latin" all things being equal or unchanged.

 

Challenge - To ask that a member of the jury panel be excused. To question or dispute an action.

 

Challenge for Cause - To ask that a member of the jury panel be excused because there appears to be a specific reason, set out in the court rule, that one is not legally qualified to act as a juror in this case.

 

Challenge to the Array - To question the qualifications of an entire panel summoned for jury duty, usually because of alleged partiality or some deficiency in the manner by which the panel was selected and summoned.

 

Change of Venue - A transfer to removal of a case to a court of another territorial location and jurisdiction, either because it should have been commenced there in the first place, or for the convenience of the parties or witnesses, or because a fair trial cannot be had in the original court location.

 

Champerty - When a person agrees to finance someone else's lawsuit in exchange for a portion of the judicial award.

 

Charge to the Jury - A judge’s instructions to the jury which contain information about the laws which relate to the issues to be decided in a case.

 

Chattel - Moveable items of property, which are neither, land nor permanently attached to land or a building, either directly or vicariously through attachment to real property. A piano is chattel but an apartment building, a tree or a concrete building foundation are not. The opposite of chattel is real property, which includes lands or buildings. All property, which is not real property, is said to be chattel. "Personal property" or "personality” is other words sometimes used to describe the concept of chattel. The word "chattel" came from the feudal era when "cattle" was the most valuable property besides land.

 

Chattel mortgage - When an interest is given on moveable property other than real property (in which case it is usually a "mortgage"), in writing, to guarantee the payment of a debt or the execution of some action. It automatically becomes void when the debt is paid or the action is executed.

 

Check or cheque - A form of bill of exchange where the order to pay is given to a bank which is holding the payor's money.

 

Child Abuse - Mistreatment of a minor by an adult legally responsible for the minor.

 

Child Born Out of Wedlock - A child born to a woman who was not married from the date of conception to the date of birth; or, A child who the court has determined to be born or conceived during a marriage but who is not a child of the marriage. See MCL 722.711(a).

 

Child Care Fund - State funds used to reimburse counties for part of the expenses incurred in providing foster care and other services to children under the jurisdiction of the family division of the circuit court.

 

Child Care Rules - The administrative rules for the care of children in foster care.

 

Child Custody - The responsibility to care for and exercise control over a child. Child custody may be awarded incident to a domestic relations proceeding. See DOMESTIC RELATIONS ACTION.

 

Child Neglect - The failure of a parent, guardian, or custodian of a minor to provide the minor with proper or necessary support, education, medical care, or physical care; also, the failure to provide a fit home environment for the minor.

 

Child Protective Proceedings - Proceedings in the family division of the circuit court regarding children under age 18 who are abuse or neglected. See MCL 712A.2(b).

 

Child Support - In domestic relations cases, ongoing payments made by a parent to meet the financial needs of that parent’s child, including medical, dental, educational, and child care expenses. See also SUPPORT ORDER.

 

Child Support Formula - Factors used by the Friend of the Court and the Prosecuting Attorney when recommending an appropriate amount of child support. Both the non-custodial and custodial parent’s income are factors considered in the determination of child support under the formula.

 

Child Protective Services (CPS") – A division in the Office of Children’s Services in the Family Independence Agency. Children’s Protective Services workers investigate reports of suspected child abuse or neglect. They can also provide services to families in an effort to prevent abuse or neglect. See the Child Protection Act, MCL 722.622 et seq.

 

Chose in action - A right of property in intangible things or which are not in one's possession, enforceable through legal or court action . Examples may include salaries, debts, insurance claims, shares in companies and pensions.