Legal Glossary and Info - Courts of General Jurisdiction and Limited Jurisdiction (including Small Claims Court)

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 court’s final decision. Can be used as a lien if you file it with the county recorder.

Abstract of Title - A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.

Accused - The person that is charged with a crime and has to go to criminal court.

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. (California)

Acknowledgment. - Saying, testifying, or assuring that something is true.

ad litem - "For this lawsuit."

Adjournment - To put off a court hearing until another time or place.

Adjudicate - When a judge hears and decides a case.

Adjudication - The judge’s decision in a case or action.

Adjudication - Judgment rendered by the court after a determination of the issues.

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.

Admonish - To warn, advise, or scold.

Adverse witness - A person called to testify for the other side.

Affiant - A person who makes and signs an affidavit.

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

Affidavit - A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. In civil cases, affidavits of witnesses are often used to support motions for summary judgment.

Affirm - To make a solemn (serious) statement.

Affirmative defense - A reason that would make the defendant "not guilty". The defendant has the "burden of proof". The defense has to explain this defense in their answer.

Alaska Execution Procedure - Alaska Statutes on execution procedure: Chapter 35 and Chapter 38 of Title 9 of the Alaska Statutes (abbreviated as AS 09.35.010 etc. and AS 09.38.010 etc.).

Allegation - A statement or claim that is made and hasn’t been proved to be true or false.

Amend - To add to or change a claim that has been filed in court.

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

Answer - The defendant’s response to the plaintiff’s allegations as stated in a complaint. An item-by-item, paragraph-by-paragraph response to points made in a complaint; part of the pleadings.

Appeal - Ask a higher court, appellate court, to review a decision and say if it was right. Appellant is the person who appeals. Appellee is the other person.

Appearance - Going to court.

Arbitration - A third-party looks at the evidence, hears the arguments, and makes a decision.

Assigned claim - One in which a person having a claim has assigned (given or sold) this right to another person or to a collection agency.

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.

Attachment - Document attached to court papers to give more information.

Attachment - Taking a person’s property to satisfy a court-ordered debt.

Automated administrative enforcement of interstate - 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.

Bank levy - The money is taken from their checking or savings account at a bank, savings and loan, thrift institution, or credit union.

Burden of proof - When one person in the case has the responsibility to give more evidence than the other person.

Burden of Proof - In the law of evidence, the necessity or duty of affirmatively providing a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point or points; standard of proof indicates the degree to which the point must be proven. For example, in a civil case the burden of proof rests with the plaintiff, who must establish his/her case by such standards of proof as a preponderance of evidence or clear and convincing evidence.

Calendar - List of cases scheduled for hearing in court.

Case Law - Law established by previous decisions of appellate courts, particularly the Supreme Court.

Certified copy - An official copy of a paper from a case file that is marked as being true, complete, and a real copy of the original paper.

Civil case - A lawsuit to get property back, to force someone to complete a contract, or to protect someone’s civil rights.

Civil jurisdiction - A court’s right or power to hear noncriminal ("civil") cases.

Civil Procedure - The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Claim of exemption - A court paper filed by the judgment debtor that lists each piece of property that the judgment debtor claims is an exempt asset under certain provisions of the law and, therefore, can’t be taken to pay the judgment.

Clear and Convincing Evidence - Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.

Clerk of court - A person chosen by the judges to help manage cases, keep court records, deal with financial matters, and give other administrative support.

Contempt - When doing something or not doing (or saying) something prevents justice from being had or hurts the honor, respect, or authority of the court. This includes ignoring or disobeying a court order on purpose. Punishment can be a fine or jail.

Contempt of court - An act of disrespect to the court, willful disregard of the court’s authority.

Continuance - Putting off a court case to a later date.

Continuance - Deferring a trial or hearing to a later date.

Contract - An agreement between 2 or more people to do or not to do a particular thing.

coram nobis - A legal paper that is used to tell the court about mistakes in the facts of the case. It is used to try to cancel the judgment. Latin: "before us, in our presence."

Costs - Fees and charges that a party pays to file and present a court case or to enforce a judgment. Money won in a civil suit to pay for expenses.

Cross-complaint/cross-claim - A claim filed by codefendant(s) or coplaintiff(s) against each other.

Cross-defendant - The defendant in a cross-claim.

Cross-examination - The testimony a witness gives when the other side’s lawyer is asking the questions at a trial, hearing, or deposition.

de novo - Starting a case all over again as if it had not been heard before. Latin: "new."

De novo - A trial de novo is a new trial of a case.

Debtor - A person or business that owes a debt (usually money).

Declaration - A sworn, written statement that is used as evidence in court. The statement supports or establishes a fact. The person that makes the declaration certifies or declares under penalty of perjury that the statement is true and correct. The person that makes the declaration is called the "declarant." The declarant must sign and date the declaration. The declaration must also say where the declaration was signed or that it was made under the laws of state.

Default - When a defendant in a civil case does not file an answer or other response with the court or go to court when they are supposed to, after being properly notified. This is called being "in default."

DEFAULT AFFIDAVIT AND REQUEST FOR JUDGMENT - More than 20 days have elapsed since the summons and complaint were served upon defendant (Alaska)

Default judgment - A court decision in favor of the plaintiff when the defendant doesn’t answer or go to court when they’re supposed to.

Default Judgment - A judgment entered against a party who fails to appear in court or respond to the charges.

Defendant - In a civil case, the person or organization sued by the plaintiff.

Defense - In a civil case, the facts or arguments presented by the defendant to show why the plaintiff doesn’t have a right to the relief asked for.

Demurrer - When a defendant says the facts presented by a plaintiff, even if true, are not enough to establish or prove the defendant's legal responsibility.

Deposition - Written or oral testimony given under oath in front of an authorized third person like a court reporter. Depositions take place outside of court. They allow the parties to get a record of a person’s testimony, or to get testimony from a witness that lives far away

Direct examination - When a witness testifies and answers questions posed by the party that asked them to testify.

Discovery - The gathering of information (facts, documents, or testimony) before a case goes to trial. Discovery is done in many ways, such as through depositions, interrogatories, or requests for admissions.

Dismiss with prejudice - When a court dismisses a case and will not allow any other suit to be filed on the same claim in the future.

Dismiss without prejudice - When a court dismisses a case but will allow other suits to be filed on the same claim.

Dismissa - Termination of a lawsuit. A dismissal without prejudice allows a lawsuit to be brought before the court again at a later time. In contrast, a dismissal with prejudice prevents the lawsuit from being brought before a court in the future.

Disposable income - What’s left of an employee’s income after making legally required deductions, like taxes. Disposable income is used to decide how much of the employee’s pay will be taken for a garnishment, attachment, or earnings assignment.

Disposition - The final decision by the court in a dispute.

en banc - Court sessions where all the judges of a court participate, instead of the usual number.

Estoppel - A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

Et al - All others.

Evidence - Any proof legally presented at trial through witnesses, records, and/or exhibits.

Execute - To carry out all terms of a contract or court order.

Execution - If the judgment debtor does not satisfy a judgment, the judgment creditor is entitled to get the sheriff to seize the judgment debtor's property; the seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay the judgment creditor the money the sheriff receives from the sale. This process is called execution.

Execution - Carrying out some act or course of conduct to it's completion. Execution is a process in action to carry into effect the directions in a decree or judgment.

Execution of judgment - Legal process of enforcing a judgment, usually by seizing and/or selling property of the judgment debtor.

Exempt assets - Property of a judgment debtor that is legally protected from being taken to pay the judgment.

File - When a person officially gives a paper to a court clerk and that paper becomes part of the record of a case.

Filing a form - court form is "filed" only when the court clerk stamps it "Filed." You can give your court forms to the clerk by mail or in person.

Garnishee - The person who was served a writ of garnishment, usually the employer.

Garnishment - A legal process that allows part of a person's wages and/or assets to be withheld for payment of a debt. Wage or income garnishment is usually involuntary.

Garnishment - A legal proceeding in which a debtor's money, in the possession of another (called the garnishee) is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.

Garnishor - The person who issues the writ of garnishment and serves the document on the employer.

General Jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear.

Hearing - A formal court proceeding with the judge and opposing sides present, but no jury.

Hearsay - Statements by a witness that did not see or hear the incident in question but heard about it from someone else. Hearsay usually can't be used as evidence in court.

Hearsay - Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

in forma pauperis - Latin phrase meaning permission given by a court to a person to file a case without paying the required court fees because the person can't afford to pay them.

in propria persona (in pro per) - When a person represents himself or herself without a lawyer. Latin: "in one's own proper person."

Indemnity - An obligation to provide compensation (usually money) for a loss, injury, or damage.

Installment payments - Weekly, monthly, or other periodic payments on a debt.

Interrogatories - Written questions sent by 1 side in a lawsuit to an opposing side as part of pretrial discovery in civil cases. The side that receives the interrogatories must answer them in writing under oath.

Interrogatories - Written questions asked by one party in a lawsuit for which the opposing party must provide written answers.

Judgment - he official decision of a court that resolves the dispute between the parties to a lawsuit.

Judgment - States that you are legally entitled to collect the money from the defendant.

Judgment creditor - The party (either the plaintiff or the defendant) in whose favor a judgment has been awarded.

Judgment creditor - A person who wins a judgment which says someone owes them money.

Judgment debtor - The party that the judgment has been entered against.

Judgment debtor - A person who loses a civil lawsuit and owes money to the winner, judgment creditor.

Judgment debtor's statement of assets - In small claims, the form listing the judgment debtor's assets and sources of income that the judgment debtor must complete and send to the judgment creditor within 30 days after receiving notice of the court's decision. (California)

Judgment Lien On Debtor's Personal Property - Obtained by filing a Judgment Lien Certificate with the appropriate agency. In the State of Florida, a judgment lien certificate is filed with the Florida Department of State.

Judgment Lien on the Debtor's Real Property - Obtained by recording a certified copy of the judgment in the real estate records of the county in which the judgment debtors property is located.

Jurisdiction - The legal authority of a court to hear and decide a case, the geographic area over which the court has authority to decide cases and/or the territory, subject matter, or persons over which lawful authority may be exercised by a court.

Jurisdiction - 1. The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. 2. The geographic area over which the court has authority to decide cases.

Lawsuit - legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, which caused harm to the plaintiff; a legal dispute brought to a court for resolution.

Levy - To obtain money by legal process through seizure and/or sale of property.

Levy - If the judgment debtor does not pay the judgment, the judgment creditor may have the Sheriff "seize" the judgment debtor's property. Levy refers to the Sheriff's seizing the property.

Levy - A seizure. The obtaining of money by legal process through seizure and sale of property; the raising of money for which an execution has been issued.

Levying officer - Sheriff or marshal that is given the power by a writ of execution to levy on a judgment debtor's property.

Lien - A claim on property to prevent the sale or transfer of that property until a debt is paid. The lien may be enforced or collected by levying on the property.

Lien - A legal claim against another person's property as security for a debt. The legal claim does not convey ownership of the property, but gives the lienholder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid.

Limited Jurisdiction - Refers to courts that are limited in the types of criminal and civil cases they may hear.

Lis Pendens - A pending suit. Jurisdiction, power, or control which courts acquire over property in a suit pending action and until final judgment. Notice of Lis Pendens: A notice filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and that they are in danger of being bound by an adverse judgment. The notice is for the purpose of preserving rights pending litigation.

Litigants - The parties (sides) involved in a lawsuit.

Litigate - To conduct or engage in a lawsuit.

Litigation - A case, controversy, or lawsuit. The people involved in lawsuits (plaintiffs and defendants) are called "litigants."

Magistrate - A judicial officer with the power to issue arrest warrants and find probable cause at preliminary hearings.

Magistrate - Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.

Mediation - A process in which a neutral person (or people) helps people who have a dispute to communicate so they can reach an agreement.

Memorandum of credits, accrued interest, and costs - In small claims court, a form used to get back your costs for collecting your judgment. (California)

Motion - An oral or written request that a party makes to the court for a ruling or an order on a particular point.

Motion - An oral or written request that a party makes to the court for a ruling or an order on a particular point.

Notice - Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

Notice of Opposition to Claim of Exemption - In small claims court, a paper filed by the judgment creditor opposing the judgment debtor's claim that certain assets are exempt. from collection.

Opinion - A judge's written explanation of the decision of the court in appellate cases.

Order to Appear for Examination - A court order telling the judgment debtor to come to court on a specified date and time to answer questions about his or her property and sources of income. Also called a "debtor's examination."

Perjury - A false statement made on purpose while under oath in a court proceeding.

Perjury - The criminal offense of making a false statement under oath.

Personal property - Movable things, like cars, horses, boats, furniture, and jewelry

Personal service - Refers to when court forms are personally served (delivered).

Precedent - A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent," meaning that they use the principles established in earlier cases to decide new cases dealing with similar facts and legal issues. A judge will overlook precedent if a party can show that the earlier case was decided incorrectly or that it differed in some significant way from the current case.

Preponderance of the evidence - Greater weight of the evidence; the common standard of proof in civil cases.

Presenting Your Case - Small Claims - Some suggestions for presenting your case are: 1. Start with a sentence or two stating what your case is about. 2. Then begin at the beginning and describe in more detail what happened and when it happened. Usually it is best to tell your story in chronological order. Stay on the subject. Try not to get sidetracked. 3. If you have documents or photographs or other items which may help prove your case, show them to the judge. 4. If you have witnesses, tell the judge you would like to call them to the witness stand. You will have to ask

Pretrial conference - A meeting of the judge and lawyers to plan a trial, discuss which matters should be presented to the jury, review proposed evidence and witnesses, and set a trial schedule. Typically, the judge and the lawyers also discuss the possibility of settling the case.

prima facie - Not requiring further support to establish existence, credibility, or validity; from the Latin for "from first view." A prima facie case is sufficient on its face because it is supported by the necessary minimum evidence and free from obvious defects. Prima facie evidence is sufficient to support a certain conclusion unless contradictory evidence is presented.

pro se - Refers to persons that present their own cases in court without lawyers. Latin: "on one's own behalf."

Procedure - The rules for conducting a lawsuit. There are rules of civil procedure, evidence, bankruptcy, and appellate procedure.

Process server - A person that serves court papers on a party to a lawsuit.

Promissory note - A written document that says that a person promises to pay money to another.

Proof - Evidence that tends to establish the existence or truth of a fact at issue in a case.

Real Property - Land, buildings, and other improvements affixed to the land.

Record - A written account of the proceedings in a case, including all pleadings, evidence, exhibits, and judgment submitted during the case.

Request to Set Aside Default Judgment - Court Form. If you think a default judgment was improperly entered against you, you can ask the court to set aside the judgment. (Alaska)

Rules of Evidence - Standards governing whether evidence in a civil case is admissible.

Satisfaction - Payment of a judgment amount by the losing party.

Satisfaction of Judgment - a written acknowledgment that the judgment has been satisfied.

Satisfaction of Judgment - A court form stating that the judgment debtor has satisfied the judgment.

Secured Debt - A debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.

Seizure order - Court order (after motion) allowing a levying officer to levy on personal property in a private home.

Settlement - An agreement reached among the parties that resolves the case at any time before a judge's decision in the case or a jury verdict.

Settlement - An agreement between the parties disposing of a lawsuit.An agreement between the parties disposing of a lawsuit.

Sheriff's Sale - The judgment debtor's property is sold at a public auction. The judgment creditor can bid at the auction if they choose to. The highest bidder with cash in hand becomes the owner of the property. The money from the sale is usually paid first to the Sheriff to cover the Sheriff's cost. The rest of the money is distributed according to law; in Florida, the next $500 is paid to the judgment creditor to cover costs. Thirdly, judgment liens are satisfied in order and lastly, the judgment debtor is given the remaining amount of money.

Small claim - The plaintiff is not seeking to have you put in jail. The plaintiff merely wants payment of money or return of personal property from you.

Small claims case - A civil case for a monetary judgment subject to maximum limits which vary by state to state.

Small claims court - Small claims court is designed to be simple, quick, and less costly than a regular civil lawsuit. In small claims court there are no lawyers, no rules of evidence, and no juries.

Small Claims Court - A court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.

Statute - A law passed by Congress or a state legislature.

Statute of limitations - A law that sets the deadline for parties to file suit to enforce their rights.

Statute of limitations - The time within which a plaintiff must begin a civil lawsuit. There are different statutes of limitations at both the federal and state levels for different kinds of lawsuits.

Stay - A court order halting a judicial proceeding.

Stay of Execution - A judgment debtor may stop execution procedures by filing an appeal and asking the court for a "stay of execution" of the judgment. The court will require the debtor to give the court a bond (called a "supersedeas bond") or make a cash deposit to assure that the judgment and all costs will be paid if the debtor loses the appeal.

Stay order - An order issued by a court stopping court proceedings until a further, specified event takes place.

Stipulated judgment - An agreement between the parties to a case that settles a case. Once the stipulated judgment is signed by the judge, it becomes the judgment in your case.

Stipulation - An agreement relating to a pending court proceeding between parties or their attorneys.

Stipulation - An agreement by attorneys on both sides of a civil case about some aspect of the case; e.g. to extend the time to answer or to admit certain facts at the trial.

Stipulation To Pay Judgment In Installments - Allows the judgment creditor to receive payments on a regular basis without incurring costs of execution. Allows the judgment debtor to pay what he can afford without incurring additional costs. As long as the debtor makes the payments as agreed, the court will not issue a Writ of Execution (definition below) against the debtor's wages, property, or bank accounts.

Subpoena - An official order to go to court at a stated time. Subpoenas are commonly used to tell witnesses to come to court to testify in a trial.

Subpoena duces tecum - An official court order to bring documents or records to a stated place at a stated time.

Summary judgment - A court decision made on the basis of statements and evidence presented for the court record without a trial. It is used when no factual disputes exist in the case. Summary judgment is granted if, based on the undisputed facts in the record, a party is entitled to judgment in his or her favor as a matter of law.

Summary judgment - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.

Summons - A notice to a defendant or respondent that an action against him or her was filed in the court issuing the summons and that a judgment will be taken against him or her if the defendant or respondent doesn't answer the complaint or petition within a certain time.

Summons - A document signed by a deputy clerk ordering a person to appear before the court.

Sworn Affidavit of Account - Sworn accounts - Affidavit of Sworn Account. A collection agency or collection attorney may bring suit against the debtor and submit an affidavit of sworn account with the affidavit of the plaintiff or its agent to its correctness. Usually the affidavit must be signed in front of a notary public with such notary public's official seal annexed on the affidavit. The affidavit of sworn account will be filed with the court and served upon the debtor. Depending on law, the court may allow the debtor to orally deny the sworn account under oath and assert any defense or objection the debtor may have; or the debtor may have to file a sworn denial with the court. Upon denial, the judge may continue the proceedings or schedule the proceedings for a later date.

Testimony - Evidence presented orally by witnesses during trials, before grand juries, or during administrative proceedings.

Trial court - The first court to consider a case.

Vacate the default judgment - Getting a default judgment removed or erased.

Venue - The particular court in which an action may be brought.

Venue - The proper geographical area (county, city, or district) in which a court with jurisdiction over the subject matter may hear a case.

Wage attachment - An involuntary transfer of a portion of an employee's wage payment to repay a debt.

Wage garnishment - A legal procedure that requires the employer of a judgment debtor to withhold a portion of the judgment debtor's wages to satisfy a judgment.

Wage withholding - A legal procedure that allows deductions to be made from wages or income on a regular schedule.

With Prejudice - Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.

Without prejudice - A term used when rights or privileges are not waived or lost. A dismissal of a lawsuit without prejudice means a new suit can be brought on the same cause of action if it is within the statute of limitations.

Without Prejudice - A claim or cause dismissed without prejudice may be the subject of a new lawsuit.

Writ - A written court order saying that certain action must be taken.

Writ - A judicial order directing a person to do something.

Writ of attachment - A writ of the court ordering the sheriff to seize or hold a person or property and bring same before the court.

Writ of Execution - An order issued by a court requiring the performance of a specified act, or giving authority to have it done. It is used to allow the levying officer the power to take the judgment debtor's property.

Writ of execution - Judgment debtor's property (bank accounts, wages, vehicles, land, etc.) may be taken to satisfy the judgment.

Writ of Execution - a court order directing a peace officer or process server to take property of the debtor to pay the judgment. Property can include money, bank accounts, wages, personal and real property, or any other asset belonging to the debtor which has value.

Writ of Execution - The Writ of Execution tells the Sheriff to seize the judgment debtor's property to satisfy a judgment. The Writ of Execution should be delivered to the Sheriff in the county where the property is located.

Writ of Execution - Court order directing and authorizing the Sheriff to seize, advertise, and to sell to the highest bidder, enough of the judgment debtor's property to satisfy the amount of the judgment plus additional costs.

Writ of Garnishment - A garnishment when served, would obligate the garnishee (any third person, such as an employer, tenant, mortgagor or bank (where the debtor has money deposited) who may owe the debtor any money or have possession of any of the debtor's personal property) to hold money or property for disposition by the Court.

Written statement from a witness - May not be very valuable evidence at the trial because the judge and the other party will not be able to question the absent witness about the written statement.

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