Contract
An oral or written agreement between two or more parties which is enforceable by law.
Contributory negligence
The failure to exercise care by a plaintiff, which contributed to the plaintiff's injury.
Conviction
In a criminal case, a finding that the defendant is guilty.
Corpus delicti
The body (material substance) upon which a crime has been committee, e.g., the corpse of a murdered man or the charred remains of a house burned by an arsonist.
Corroborating evidence
Evidence supplementary to that already given and tending to strengthen or confirm it.
Costs
An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees.
Counterclaim
A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff.
Court of record
A court in which the proceedings are recorded, transcribed, and maintained as permanent records.
Court reporter
A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings.
Criminal case
A case brought by the government against a person accused of committing a crime.
Criminal insanity
Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong.
Criminal summons
An order commanding an accused to appear in court.
Cross-claim
In a civil proceeding, if there are two or more defendants, one defendant can raise a claim against another defendant.
Cross-examination
The questioning of a witness by the lawyer for the opposing side.
Custody
The right to or responsibility for a child's care and control, carrying with it the duty of providing food, shelter, medical care, education and discipline.
Damages
Pecuniary (money) compensation which may be recovered by a party for personal injury, or loss or damage to one's property or rights as a result of another party's unlawful act or negligence.
Declaratory judgment
One which declares the rights of the parties or expresses the opinion of the courts on a question of law, without ordering anything to be done.
Decree
A decision or order of the court. A final decree is one which fully and finally disposes of the litigation. An interlocutory decree is a preliminary decree which is not final.
Defamation
The making of false, derogatory statements about a person's character, morals, abilities, business practices or financial status (Includes libel, which is written, and slander, which is spoken).
Default
Occurs when a defendant fails to respond to the plaintiff's complaint within the time allowed, or fails to appear at the trail. The court may then enter a default judgment.
Defendant
The accused in a criminal case; the person from whom money or other recover is sought in a civil case.
Deliberation
The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions.
Delinquency
The commission of an illegal act by a juvenile.
Dependent child
A child who is homeless or without proper care through no fault of the parent, guardian, or custodian.
Deposition
The taking of testimony of a witness under oath outside of court, usually transcribed in writing by a court reporter, or less frequently, recorded on video tape.
Deprivation of custody
In juvenile court, a judicial hearing, usually held after the filing of a petition, to determine interim custody of a minor pending a judgment.
Direct evidence
Evidence that tends directly to prove or disprove a disputed fact, as distinguished from circumstantial evidence from which an inference can be drawn. See circumstantial evidence.
Direct examination
The first questioning of a witness by the attorney for the party on whose behalf the witness is called. Usually proceeds with open ended, non leading questions.
Directed verdict
In civil cases in which there is insufficient basis for any other conclusion, the judge may direct the jury to render a specific verdict. Criminal defendants may also ask the court to rule in their favor rather than submitting the case to the jury.
Discovery
The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial.
Dismissal without prejudice
A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause.
Disposition
The order of a juvenile court determining what is to be done with a minor already adjudged to be within the court's jurisdiction. In criminal cases, the settlement of a case.
Dissent
A term commonly issued to denote the disagreement of one or more judges of a court of appeals with the decision of the majority.
Diversion
A procedure used in some criminal prosecutions against persons who are arrested and have no previous criminal background. Diversion creates a written contract between the prosecutor and accused in that if the accused completes the requirements in the contract. at a time in the future, the prosecutor will dismiss all charges.
Docket
A brief entry or the book containing such entries of any proceeding in court.
Domicile
That place where a person has his true and permanent home. A person may have several residences, but only one domicile.
Double jeopardy
Common law and constitutional prohibition (5th Amendment) against more than one prosecution for the same crime.
Due process
The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt.
Embezzlement
The fraudulent appropriation by a person to his own use or benefit or property or money entrusted to him by another.
Eminent domain
The power to take private property for public use by the state and municipalities.
En banc
A proceeding in which the entire membership of the court will participate in the decision.
Enjoin
To order a person to perform, or to abstain and desist from performing a specified act or course of conduct. See injunction.
Entrapment
The act of officers or agents of a government in inducing a person to commit a crime otherwise not contemplated for the purpose of instituting a criminal prosecution against that person.
Equitable action
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.
Equity, courts of
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.
Escheat
In American law, the right of the state to an estate left vacant, to which no one makes a valid claim.
Escrow
A writing, deed money, stock, or other property is given to a third person to hold until all conditions in a contract are fulfilled.
Estate
A collective term meaning all real and personal property owned by a person.
Estoppel
A person's own act. or acceptance of facts. which preclude later claims to the contrary.
Et al
An abbreviation of et alii, meaning "and others," ordinarily used in lieu of listing all names of persons involved in a proceeding.