A
| B | C | D |
E | F | G | H
| I | J | K |
L | M
N | O | P | Q
| R | S | T |
U | V | W | X | Y
| Z
A.
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| Adult |
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An individual who is 18 years of age and over
(see Minor and Child). |
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| Affidavit |
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A written statement of fact that is verified by oath or affirmation
before a notary public. |
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| Appeal |
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A request for a higher level review of a decision in which
the involved person disagrees. |
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| Arraignment |
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A criminal defendant's first appearance before a judge. The
primary purpose is to inform the defendant of what charge he
is facing. |
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| Assault |
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An unlawful act that places another person in reasonable apprehension
of receiving an immediate battery. Also defined as an attempt
to commit a battery.The defendant must have intended to injure
the victim or make the victim reasonably fear being struck.
An assault is intentional, not an accident. |
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B.
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| Bail |
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Bond money paid to a court, by or on behalf of
a criminal defendant, as security that, when released from jail,
the defendant will appear at future hearings. If another person
posts the bail money, then that third party vouches that the
defendant will appear at future court dates. Bail can be forfeited
if the defendant fails to appear or violates release conditions. |
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| Battery |
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An intentional, unwanted and forceful/violent touching of
another person, or something closely connected with that person. |
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| Bench Trial |
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A trial held before a judge and without a jury. |
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| Bind-Over |
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A finding at a preliminary examination that sufficient evidence
exists to require a trial at the Circuit Court level on the
charges made against the defendant. |
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| Breaking & Entering |
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Using some force to enter a building (opening a door, raising
a window, taking screen off, etc.); damage need not result. |
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| Burden of Proof |
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The duty to establish by evidence a requisite degree of belief
concerning a fact in the mind of a trier of fact. The duty to
establish facts in an adversary proceeding. Different burdens
of proof exist in the law:
Prima facie evidence:
evidence which is good and sufficient "on its
face" to establish a given fact when un-rebutted or not
contradicted. Probable cause.
Preponderance
of the evidence: the burden of proof in civil cases.
Evidence which, as a whole, shows that the fact sought to be
proved is more probable than not. Evidence which is more credible
and convincing to the mind. It is generally visualized as that
side of the dispute toward which the scales tip when the credible
evidence is weighed by the trier of fact. Something more than
50 percent of the credible evidence. Clear and convincing evidence:
the burden of proof in selected proceedings, such as termination
of parental rights. A measure of proof which produces a firm
belief as to the allegations. It is difficult to quantify, but
is more than a "preponderance" and less than "beyond
a reasonable doubt." Beyond a reasonable doubt: the degree
of belief a criminal juror (or the judge in a bench trial) must
have regarding all factual elements of a charged crime. No doubt,
based on reason and common sense, can exist as to any fact needed
to be proved. |
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C.
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Charge |
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An accusation of wrong doing. |
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Child |
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Individual who is younger than 18 years of age. |
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| Common Law |
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A body of legal principles which derives its authority solely
from usages and customs of ancient times, or from the judgments
and decrees of courts recognizing, affirming, and enforcing
such usages and customs; particularly the ancient unwritten
law of England. Common law is to be distinguished from "statutory
law," which is enacted by a legislative body such as Congress
or a state legislature. |
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| Community |
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A city, town, district, neighborhood, or other commonly recognized
geographical, social, or political area. |
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| Community Resources |
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Workplaces, businesses, places of worship, social groups,
consultants, health care facilities or professionals, places
for recreation or entertainment, and other facilities, professionals,
or supports generally available to the population-at-large within
a community. |
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| Community Service |
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A court imposed sanction that requires offenders to work in
the community to repay society for the harm done by their actions. |
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| Competent |
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Means a person is capable of making informed decisions in
specific areas regarding the conduct of one's personal and/or
financial affairs.
Family - Parent, foster parents, spouses, siblings, and others
who perform the roles and functions of family members in the
life of an individual, including persons in a relationship of
mutual support with an individual that is exclusive and expected
to endure over time. |
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Complaint |
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the document on which criminal misdemeanors are charged in
District Court, as well as the initial charging document for
felonies. |
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| Concurrent Sentence |
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Upon conviction for multiple crimes, a criminal sentence served
at the same time as another criminal sentence, rather than one
after the other. |
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| Consecutive Sentence |
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Upon conviction for multiple crimes, criminal sentences that
must be served one after the other, rather than at the same
time. |
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| Court-Appointed Attorney |
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Legal counsel assigned by the court to represent an indigent
criminal defendant. A court-appointed attorney is not necessarily
a "free" attorney; the court can order that some or
all of the attorney's bill be reimbursed. |
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| Credit Bureau |
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A reporting agency that assembles information on borrowers
to help lenders evaluate credit worthiness. You are entitled
to see your credit report and dispute or add to the information
you feel is erroneous. Your objection(s) must be filed in writing
with the report. |
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| Court of Appeals |
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An "intermediate" appellate court between the Supreme
Court and state trial courts. Final decisions from a Circuit
or Probate Court hearing may be appealed to the Court of Appeals.
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| Criminal Case |
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A charge filed by a prosecutor against a defendant concerning
violation of a criminal law. The act of violating a criminal
law is an offense against the community, not a private wrong.
Examples of criminal cases include theft and murder. |
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| Cross Examination |
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The questioning of a witness by a party other than the one
who called that witness to the stand. |
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D.
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Defendant |
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A person who has been formally charged with committing
a crime. |
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| Delinquency (Criminal) |
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A crime committed by a minor under the age of 17. Juvenile
delinquency offenses are prosecuted in the Family Division of
Circuit Court. |
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| Delinquency (Loan) |
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Failure to make a loan payment on time. You may then be required
to pay a late fee, expressed as a flat fee or a percentage of
the amount due. |
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| Dependent Child |
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Includes children who are homeless or without proper care
through no fault of their parents, guardian, or custodian. |
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| Double Jeopardy |
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Being tried twice for the same offense. Jeopardy "attaches"
or begins in a jury trial when the selected jury is sworn, and
attaches in a bench trial when the first witness is sworn. |
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| Dual Citizenship |
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When a citizen of one country takes on the additional citizenship
and it’s privileges from another. What determines this
is according to the original country's requirements. Some countries
require you to relinquish their status if you take on citizenship
in another country, others don’t. |
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F.
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Felony |
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The most serious of criminal-type offenses. Felonies
are classified as 1st, 2nd, or 3rd degree with 1st degree being
the most serious. |
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| Fine |
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A court imposed sanction that requires offenders to pay a
monetary penalty for their actions. |
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G.
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Government Records Access and Management
Act |
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The federal act which establishes procedures for
accessing, classifying and sharing public, private and confidential
and protected records effective July, 1992. |
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| Guardianship of a Person |
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Includes, among other things, authority to consent to marriage,
major medical, surgical, and psychiatric treatment and enlistment
into the armed forces. "Guardianship of a person"
includes legal custody, if legal custody is not vested in another
person, agency, or institution. |
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H.
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Habilitation |
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The process by which an individual acquires and
maintains the life skills necessary to cope more effectively
with personal and environmental demands or to improve physical,
mental, and social competencies. |
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I.
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| Illicit |
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Not permitted or allowed; prohibited; unlawful;
as in illicit trade. |
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J.
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Judgement |
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A sense of knowledge sufficient to comprehend
nature of transaction. The formation of an opinion or notion
concerning some thing by exercising the mind upon it. |
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| Juvenile Court |
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The branch of the judiciary that has legal responsibility
for youth under the age of 18. The court is a civil court that
adjudicates cases where youth are thought to be abused, neglected,
or dependent and cases where youth are accused of some delinquent
or status offense. |
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K.
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Kidnapping |
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At common law, the forcible abduction or stealing
and carrying away of a person from one country to another. A
person is guilty of kidnapping if he unlawfully removes another
from his place of business or residence. |
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L.
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Legally Competent or Presumed Competent
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For individuals 18 years of age or older, not
having been declared by a court to be incapable of making informed
decisions with respect to the conduct of one's personal and/or
affairs |
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| Licensed Child Placing Agency |
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An agency licensed by the State to receive children for placement.
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M.
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Minor |
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A person under the age of 18. |
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| Misdemeanor |
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Criminal-type offenses that are less serious than felonies
and generally those punishable by fine, penalty, forfeiture
or imprisonment otherwise than in a penitentiary. Under federal
law, and most state laws, any offense other than a felony is
classified as a misdemeanor. |
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O.
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Ordinance
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A rule established by authority; a permanent
rule of action; a law or statute.
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P.
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| Permanent Residency |
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Usually referring to a type of entrance visa status by the
INS. |
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Q.
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Quid pro quo
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What for what, something for something. Used in
law for the giving of one valuable thing for another. |
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R.
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| Residential |
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Having to do with where people live. |
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S.
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Secretary of State/state |
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The state office where your documents will be
either apostilled or certified, depending on the country program. |
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| Single Parent |
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A parent who is not currently married. This can include never
married and divorced individuals. |
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T.
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Toddler |
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This can mean different things in different countries,
but usually a child between 18-60 months (1 1/2 to 4 years). |
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| Translations |
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When a document is converted from one language to another.
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V.
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| Vocational |
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Having to do with employment, a job, or one's
career path. |
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W.
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| Warrant |
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(Arrest Warrant) A written order of the court
which is made on behalf of the state, or United States, and
is based upon a complaint issued pursuant to statute and/or
court rule and which commands a law enforcement officer to arrest
a person and bring him before a magistrate. |
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Y.
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| Youthful offenders |
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Status classification of youths and young adults
generally older than juveniles (age 18 to 25), who are given
special consideration. |
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Z.
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| Zealous witness |
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An untechnical term denoting a witness on the
trial of a cause who manifests a partiality for the side calling
him, and an eager readiness to tell anything which he thinks
may be of advantage to that side. |
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