Disclaimer: This Glossary of Legal Terminology is provided as a free public service from Merrill, Arnone & Jones law firm in Sonoma County, CA. While the information on this page is about legal issues, it is not legal advice nor a form of legal representation. Because of the ever-changing nature of laws in the United States of America, we make no guarantee or warranty of the accuracy or reliability of the information contained herein.
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A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty.
Giving or pronouncing a judgment or decree. Also the judgment given.
Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor.
That body of law relating to ships, shipping, marine commerce and navigation, transportation of persons or property by sea, etc.
The science and art of flight.
A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.
A citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.
Foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce.
Air Navigation Facility
A facility used, available for use, or designed for use, in aid of air navigation, including:
1) a landing area;
2) a light;
3) apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or other electromagnetic communication; and
4) another structure or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft.
Air Traffic Control System
The combination of elements used to safely and efficiently monitor direct, control, and guide aircraft in the United States and United States-assigned airspace, including:
1) allocated electromagnetic spectrum and physical, real, personal, and intellectual property assets making up facilities, equipment, and systems employed to detect, track, and guide aircraft movement;
2) laws, regulations, orders, directives, agreements, and licenses;
3) published procedures that explain required actions, activities, and techniques used to ensure adequate aircraft separation; and
4) trained personnel with specific technical capabilities to satisfy the operational, engineering, management, and planning requirements for air traffic control.
Foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.
Any contrivance invented, used, or designed to navigate, or fly in, the air.
An engine used or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller.
1) in command, or as a pilot, mechanic, or member of the crew, who navigates aircraft when underway;
2) except to the extent the Administrator of the Federal Aviation Administration may provide otherwise for individuals employed outside the United States, who is directly in charge of inspecting, maintaining, overhauling, or repairing aircraft, aircraft engines, propellers, or appliances; or
3) who serves as an aircraft dispatcher or air traffic control-tower operator.
A landing area used regularly by aircraft for receiving or discharging passengers or cargo.
Also called maintenance or spousal support. In a divorce or separation, the money paid by one spouse to the other in order to fulfill the financial obligation that comes with marriage.
All-Cargo Air Transportation
The transportation by aircraft in interstate air transportation of only property or only mail, or both.
Alternative dispute resolution
Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
Latin for friend of the court. Refers to a party that is allowed to provide information (usually in the form of a legal brief) to a court even though the party is not directly involved in the case at hand.
A legal decree that states that a marriage was never valid. Has the legal effect of wiping out a marriage as though it never existed.
In a civil case, the defendant’s written response to the plaintiff’s complaint. It must be filed within a specified period of time, and it either admits to or (more typically) denies the factual or legal basis for liability.
A request to a supervisory court, usually composed of a panel of judges, to overturn the legal ruling of a lower court.
The act of coming into court as a party to a suit either in person or through an attorney.
A court having jurisdiction to hear appeals and review a trial court’s procedure.
When disputing parties participate in a process where they agree in advance to accept the decision of a mutually-selected arbitrator or panel of arbitrators which will hear both sides and make a decision. Bar-sponsored arbitration programs may also be a free or affordable way to work through a dispute with a lawyer.
A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence.
The initial appearance before a judge in a criminal case. At an arraignment, the charges against the defendant are read, a lawyer is appointed if the defendant cannot afford one, and the defendant’s plea is entered. A plea can be guilty, not guilty, or where permitted nolo contendere. (See preliminary hearing.)
Articles of incorporation
A document that must be filed with a state in order to incorporate. Among the things it typically must include are the name and address of the corporation, its general purpose and the number and type of shares of stock to be issued.
Law established by previous decisions of appellate courts.
Cause of action
The fact or facts which give a person a right to relief in court.
When a higher court agrees to review the decision of a lower court. If an appellate court grants a writ of certiorari, it agrees to take the appeal.
Charter Air Carrier
An air carrier holding a certificate of public convenience and necessity that authorizes it to provide charter air transportation.
Civil Aircraft of the United States
An aircraft registered under chapter 441 of United States Code, Title 49.
Civil law or civil case
A case that does not include a crime. Usually a case between private parties or businesses.
A lawsuit brought by one or more persons on behalf of a larger group.
A special fund to help compensate clients who are defrauded by dishonest lawyers, for example when a lawyer fails to turn over client’s money won in a lawsuit, or other money held in trust for the client. This fund cannot help clients in fee disputes, or pay for losses due to lawyer malpractice.
In a real estate transaction, this is the final exchange in which the deed is delivered to the buyer, the title is transferred, and the agreed-on costs are paid.
Code of Professional Responsibility
The rules of conduct or ethics that govern the legal profession.
Law established by previous decisions of appellate courts.
Money awarded to reimburse actual costs, such as medical bills and lost wages. Also awarded for things that are harder to measure, such as pain and suffering.
The party who complains or sues; one who applies to the court for legal redress. (May also be called the plaintiff or petitioner.)
1) The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take.
2) Formal written charge that a person has committed a criminal offense.
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but may be less formal.
Conditional Sales Contract
1) for the sale of an aircraft, aircraft engine, propeller, appliance, or spare part, under which the buyer takes possession of the property but title to the property vests in the buyer at a later time on–
a) paying any part of the purchase price;
b) performing another condition; or
c) the happening of a contingency; or
2) to bail or lease an aircraft, aircraft engine, propeller, appliance, or spare part, under which the bailee or lessee–
a) agrees to pay an amount substantially equal to the value of the property; and
b) is to become, or has the option of becoming, the owner of the property on complying with the contract.
Contempt of court
Willful disobedience of a judge’s command or of an official court order. An action that interferes with a judge’s ability to administer justice or that insults the dignity of the court. Disrespectful comments to the judge or a failure to heed a judge’s orders could be considered contempt of court. A person found in contempt of court can face financial sanctions and, in some cases, jail time.
Also called a contingent fee. A fee arrangement in which the lawyer is paid out of any damages that are awarded. Typically, the lawyer gets between one-fourth and one-third. If no damages are awarded, there is no fee (but the client still may have to pay filing fees, costs for the lawyer’s investigation of the case, etc.).
Postponement of a legal proceeding to a later date.
A legally enforceable agreement between two or more competent parties made either orally or in writing in which an offer is made and accepted, and each party benefits. The agreement can be formal, informal, written, oral or just plain understood. Some contracts are required to be in writing in order to be enforced by a court.
A person’s right to prevent others from copying works that he or she has written, authored or otherwise created.
An independent entity created to conduct a business or other activity.
A legal adviser; a term used to refer to lawyers in a case.
A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.
The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.
A person who transcribes by shorthand or stenographically takes down testimony during court proceedings, a deposition, or other trial-related proceeding.
An act in violation of the penal laws of a state or the United States.
Criminal justice system
The network of courts and tribunals which deal with criminal law and its enforcement.
Money awarded by a court to a person injured by another person.
A person or entity who owes a debt to another.
A written legal document that describes a piece of property and outlines its boundaries.
Failure of the defendant to appear and answer the summons and complaint.
A judgment entered against a party who fails to appear in court or respond to the charges.
The person defending or denying a suit.
Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court’s file.
Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer’s right to practice law.
A state agency responsible for investigating complaints about lawyers. If the lawyer is found to have violated an ethics or court rule, he or she will be reprimanded, fined, and perhaps suspended or disbarred (license to practice law revoked). Please note that lawyer discipline agencies cannot help clients recover fees paid to the lawyer, or make the lawyer pay for a loss the client has suffered because the lawyer made mistakes in handling a case.
A process prior to a trial in which each side obtains facts and information about the case from the other side and from other sources.
The termination of a lawsuit by a court’s finding that it should not be permitted to proceed.
Dismissal with prejudice
When a case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim.
Dismissal without prejudice
When a case is dismissed but the plaintiff is allowed to bring a new suit on the same claim.
Where a person has his permanent home to which he intends to return.
Putting a person on trial more than once for the exact same crime. It is forbidden by the Fifth Amendment to the United States Constitution.
The concept that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person’s basic rights to life, liberty or property, without due process of law. Courts have issued numerous rulings about what this means in particular cases.
The portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state government institutions. The clause grants all people equal protection of the laws, which means that the states must apply the law equally and cannot give preference to one person or class of persons over another.
Information presented in testimony or in documents that is used by the fact finder (judge or jury) to decide the case for one side or the other.
A witness with a specialized knowledge of a subject who is allowed to discuss an event in court even though he or she was not present. For example, an arson expert could testify about the probable cause of a suspicious fire.
The process by which the record of criminal conviction is destroyed or sealed.
The surrender of an accused criminal by one state to the jurisdiction of another.
A part of the navigable airspace that the Administrator designates as a Federal airway.
A serious criminal offense. Usually any offense punishable by death or imprisonment for a term exceeding one year.
A person or institution who manages money or property for another. For example, an executor of an estate, a trustee, etc.
An obligation to act in the best interest of another party. For instance, a corporation’s board member has a fiduciary duty to the shareholders, a trustee has a fiduciary duty to the trust’s beneficiaries.
The fee required for filing various documents.
Foreign Air Carrier
A person, not a citizen of the United States, undertaking by any means, directly or indirectly, to provide foreign air transportation.
Foreign Air Commerce
The transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation, between a place in the United States and a place outside the United States when any part of the transportation or operation is by aircraft.
Foreign Air Transportation
The transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft, between a place in the United States and a place outside the United States when any part of the transportation is by aircraft.
A group of citizens convened in a criminal case to consider the prosecutor’s evidence and determine whether probable cause exists to prosecute a suspect for a felony.
A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative.
Guardian ad litem
Latin for guardian at law. The person appointed by the court to look out for the best interests of a child or other person not able to look out for themselves during the course of legal proceedings.
One that takes care of and often is legally responsible for something.
Knock and Announce Rule
A rule of criminal procedure requiring that police announce their authority and purpose before entering a premises in execution of a search or arrest warrant unless special circumstances (as risk of harm to the police) warrant unannounced or forcible entry.
A place on land or water, including an airport or intermediate landing field, used or intended to be used, for the takeoff and landing of aircraft, even when facilities are not provided for sheltering, servicing, or repairing aircraft, or for receiving or discharging passengers or cargo.
Legal services that may be available to persons or organizations unable to afford such services in civil matters. There is no right to legal aid in most types of civil matters.
Also known as a medical directive or advance directive. A written document that states a person’s wishes regarding life-support or other medical treatment in certain circumstances, usually when death is imminent.
Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.
In a divorce or separation, the money paid by one spouse to the other in order to fulfill the financial obligation that comes with marriage. Also called alimony.
A private, informal way to resolve a dispute. A mediator is a neutral third person who tries to aid disputing parties in reaching a mutually agreeable solution to their differences. Bar sponsored client-lawyer mediation programs can be a good first step if efforts to work the problem out with the lawyer have not succeeded.
A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary or for less than one year.
A fundamental error in a trial. When a mistrial is declared, the trial must start again with the selection of a new jury.
A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing that would be affected by the court’s decision.
A request made to a court or judge which seeks a ruling or order in favor of the applicant.
Motion to dismiss
In a civil case, a request to a judge by the defendant, asserting that even if all the allegations are true, the plaintiff is not entitled to any legal relief and thus the case should be dismissed.
Airspace above the minimum altitudes of flight prescribed by regulations under this subpart and subpart III of this part, including airspace needed to ensure safety in the takeoff and landing of aircraft.
Failure to use care which a reasonable and prudent person would use under similar circumstances.
A divorce in which it doesn’t matter who did what to whom that caused the marriage to break down; all that matters is that there is no reasonable prospect of reconciliation.
A person who has been authorized by a state to administer oaths or certify documents.
A solemn pledge made under a sense of responsibility.
A judge’s written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. (A per curiam opinion is an unsigned opinion of the court.)
A Paralegal is someone with special training but has not earned a law degree, who works under the supervision of a lawyer. Also called a legal assistant.
In some states or types of cases, the person filing a lawsuit or action in a court. Also, the person who appeals the judgment of a lower court.
A person who brings a lawsuit or action; the party who complains or sues in a civil action.
The defendant’s statement that he or she is guilty or not guilty. The defendant’s answer to the charges made in the indictment or information. A plea can be guilty, not guilty, or where permitted nolo contendere.
The written statements of fact and law filed by the parties to a lawsuit.
Also, called a preliminary examination. Legal proceeding used in some states in which a prosecutor presents evidence to a judge in an attempt to show that there is probable cause that a person committed a crime. If the judge is convinced probable cause exists to charge the person, then the prosecution proceeds to the next phase. If not, the charges are dropped.
Work done by a lawyer without compensation, for the public good: a lawyer’s pro bono work.
Latin phrase that means for himself. A person who represents himself in court alone without the help of a lawyer is said to appear pro se.
Court proceeding by which a will is proved valid or invalid. Term used to mean all proceedings pertaining to the administration of estates such as the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will.
The court with authority to supervise estate administration.
A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
Any of the following:
1) Except with respect to an aircraft described in subparagraph (E), an aircraft used only for the United States Government, except as provided in section 40125(b).
2) An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration, except as provided in section 40125(b).
3) An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).
4) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).
5) An aircraft owned or operated by the armed forces or chartered to provide transportation to the armed forces under the conditions specified by section 40125(c).
Government lawyer who provides free legal defense services to a poor person accused of a crime.
An irrevocable and absolute refusal to accept a particular interest in the estate of a decedent (as a spouse) that is made in accordance with federal tax requirements and results in favorable tax consequences.
Quid Pro Quo
Something (as consideration) given or received for something else.
Quid Pro Quo Sexual Harassment
Sexual harassment in which the satisfaction of sexual demands is made the condition of job benefits or continued employment or is used as the basis for employment decisions regarding the individual.
To release a claim to and convey by quitclaim deed (required under the divorce decree to the property to his wife).
A term sometimes used to describe when a person handles a legal matter on their own, without using a lawyer.
Standard of proof
In a court case, indicates the degree to which the point must be proven. In a civil case, the plaintiff must usually establish his or her case by a “preponderance of evidence” or “clear and convincing evidence.”
The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.
Statute of limitations
A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue.
An agreement between the parties involved in a suit, agreeing that a certain fact or law will be assumed to be true or relevant.
An order compelling a person to appear to testify or produce documents.
When a court gives its judgment that there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.
A legal document used to begin a civil case or to tell a person they must appear in court or respond to a lawsuit.
An emergency but temporary order by a court used when immediate or irreparable damages or loss might result.
The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
A person (except an air carrier, a foreign air carrier, or an employee of an air carrier or foreign air carrier) that as a principal or agent sells, offers for sale, negotiates for, or holds itself out as selling, providing, or arranging for, air transportation.
When a person or entity caused a civil wrong or injury.
A legal device used to manage real or personal property, established by one person for the benefit of another.
The person or institution that manages the property put in trust.
Being or relating to a supplemental insurance policy that extends the coverage of an underlying policy on the same risk.
An accident that is not proximately caused by the negligence of any party or that is unforeseeable or not preventable by exercise of reasonable precautions and for which liability based on fault is not imposed.
An unavoidable circumstance that prevents the timely performance of a procedural act (as the filing of an answer) by a party or the party’s lawyer.
A complainant will be denied relief if he or she has engaged in misconduct (as acting in bad faith) directly relating to the complaint.
Unreasonably unfair to one party, marked by oppression, or otherwise unacceptably offensive to public policy.
Contrary to or failing to comply with a constitution.
Unconstitutional Conditions Doctrine
A doctrine in constitutional law that bars a government from imposing a condition on the grant of a benefit requiring the waiver of a constitutional right.
A debt secured by property that is worth less than the full amount of the debt.
One whose name is signed at the end of a document.
Improper influence that deprives a person of freedom of choice or substitutes another’s choice or desire for the person’s own.
Income (as interest and dividends) that is not gained by labor, service, or skill.
Unfair Labor Practices
Any act by a union or employer in violation of the National Labor Relations Act.
Unfair Trade Practice
Any of various deceptive, fraudulent, or otherwise injurious (as to a consumer) practices or acts that are declared unlawful by statute (as a consumer protection act) or recognized as actionable at common law.
A legal declaration that disposes of a person’s property when that person dies.
A person who testifies in court and swears to give truthful evidence about what he has seen, heard, or otherwise observed.
Words and Phrases Legally Defined
A set of books in dictionary form which lists judicial determinations of a word or phrase.
1) A state agency which handles claims of workers injured on their jobs.
2) A benefit paid to an employee who suffers a work-related injury or illness.
A judicial order directing a person to do something.
Writ of certiorari
An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. (See certiorari in Foreign Words Glossary.)
Writ of execution
An order of the court evidencing debt of one party to another and commanding the court officer to take property in satisfaction of the debt.
Writ of garnishment
An order of the court whereby property, money, or credits in the possession of another person may be seized and applied to pay a debtor’s debt. It is used as an incident to or auxiliary of a judgment rendered in a principal action.
When an employee is fired for reasons that are not legitimate, typically either because they are unlawful or because they violate the terms of an employment contract.