(See also intestate.). According to a legal response filed by the rapper's attorney on Friday and obtained by PEOPLE on Monday, West, 43, requests joint legal and physical custody of … (Compare appellate court.). memorandum of credits, accrued interest, and costs after judgment: In small claims court, a form used to get back your costs for collecting your judgment. Child Protective Services (CPS): State agency that responds to reports of child abuse and neglect. (Compare malfeasance, nonfeasance.). (See also crime. (See warrant, writ.). It is used to allow the levying officer the power to take the judgment debtor's property. circumstantial evidence: All evidence that is indirect. Ending a tenancy at will requires the same legal procedure as ending a month-to-month tenancy. Joint Legal Custody: A type of court order that allows either or both parents to make important decisions about a child's health, education, and well being. wage attachment: An involuntary transfer of a portion of an employee's wage payment to repay a debt. The person that makes the declaration is called the "declarant." And when a court hears a child support case, it can add to and change that order. spousal support: Court-ordered support of a spouse or ex-spouse; also called "maintenance" or "alimony. (See counsel and lawyer.). commitment order: A court order that says a person must be kept in custody, usually in a jail or mental institution. jurisdictional limit: The maximum amount of money that a court can award. (See also adjournment; compare continuance.). nonservice: When a summons or warrant is issued but not served (delivered). [11], Joint physical custody was introduced into Spanish law in 2005, subject to agreement by both parents. ), 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. Or a complaint filed in criminal, traffic, or civil court. There are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure. Typically, the judge and the lawyers also discuss the possibility of settling the case. This allows the state to get back some or all of its public assistance payments from the noncustodial parent. exonerate: To clear of blame or to relieve from responsibility. criminal: Someone that has been convicted of a felony or a misdemeanor. lodger: A person who lives in a room in a house where the owner lives. notary public: A person authorized under civil law to administer oaths, to attest (affirm) and certify that certain documents are authentic, and to take depositions. offense: An act that violates (breaks) the law. case file: The folder that has the official court papers for a case. writ of possession: A document issued by the court after the landlord wins an eviction (unlawful detainer) lawsuit. (See also income withholding, wage withholding, obligee, obligor.). probate court: The department of each county's superior court that deals with probate conservatorships, guardianships, and the estates of people that have died. Child maltreatment: Child abuse and/or neglect. Unbundled legal services (or unbundling): An arrangement with a lawyer to receive help on some parts of a case for a set fee or limited fees. Click here for more information on supervised visitation. For example, a preliminary injunction comes before a permanent injunction. the occupants have lived in the rental unit since before the unlawful detainer lawsuit was filed. assignment: Choosing someone to do something. To find the Family Court Services department in your court, find your court. evidence: Any proof legally presented at trial through witnesses, records, and/or exhibits. public defender: A lawyer appointed by the court, usually to represent a defendant in a criminal case that can't afford to hire a lawyer. Also called paternity or parental relationship. Consumer Credit Protection Act (CCPA): Federal law that limits how much money can be taken from someone’s paycheck to pay for child support. personal injury: A kind of civil case that asks for damages for physical injury to people and/or property, or for wrongful death. assignee: A person or business that is put in the place of the original creditor, such as a collection agency. Used primarily for felonies. (See also direct income withholding, earnings assignment, income withholding, wage garnishment.) These methods include mediation and arbitration. Notice of Entry of Judgment: A court form telling the parties about the judge's decision in a lawsuit. IEP: Stands for "individualized education program." Child advocate: Someone with special training appointed by the court to help a child in a case. Compare to private or civil wrongs that violate "private laws," for example, a contract between 2 parties. Comes from the Latin for "friend of the court.". Can be used as a lien if you file it with the county recorder. (4) being removed from office; [13] While not all studies of joint custody have resulted in similar findings, none have found that harm results from joint custody. litigate: To conduct or engage in a lawsuit. (See also IV-D.). Citizenship and Immigration Services or in immigration court. coordination of cases: When cases sharing common questions of fact or law pending in different counties are brought together before 1 judge so that the decisions will be consistent. Once filed with the State, it is equal to a court order. (If you bought furniture on credit while you were married or in a registered domestic partnership and living together, the unpaid balance is a part of your community obligations.). (Compare with conservatorship. neutral evaluation: When a neutral person (or persons) hears brief written and oral presentations, then considers the strengths and weaknesses of each side's contentions and evidence, and offers an overall evaluation of the dispute. [10], The percentage of joint physical versus sole physical custody varies between countries. Joint physical custody means the children live at least 111 nights a year in the home of each parent. litigation: A case, controversy, or lawsuit. ), bona fide: Sincere, real, without fraud or deceit. Law and Human Behavior, 2001, 25:25–43. Letters of Conservatorship: A court paper that states that the conservator is authorized to act on the conservatee's behalf. limited conservatorship: A conservatorship for developmentally disabled adults. caveat emptor: A theory that says you buy things at your own risk. [7] Under sole physical custody arrangements, joint legal custody has been found to have beneficial effects on children compared to sole legal custody. commit: To do something. trust fund: Money, stocks, bonds, or securities held under the control of someone for the use and benefit of another. (See also indictment.). (See also IV-D.), State Directory of New Hires (SDNH): A database maintained by each state, that contains information about newly hired employees in that state. negligence: When someone fails to be as careful as the law requires to protect the rights and property of others. (See also pro per, pro se.). Local forms: Courts create local forms to standardize the preparation of documents in their court. endorse: To sign your name on a document to authorize its contents or transfer (as in a check that is endorsed to transfer money). For example, a state bar includes all of the lawyers qualified to practice law in that state. Makes, enforces, and changes child support. admissible evidence: Evidence that can legally and properly be used in court. (See also levy.). capital case: A criminal case where the defendant can get the death penalty. civil process: Court papers that tell the people in a civil case that it has started. Used instead of a jail sentence. (See also discovery.). Also known as an "IV-D agency." endorsed-filed copies: Copies of court papers that are stamped in the top right corner to show when they were filed. California Rules of Court: The rules for practices and procedures in California’s state courts. warranty of habitability: A promise that goes with the rental of residential property that it will be fit for people to live in (habitable), including working plumbing, gas, electrical and heating systems, hot and cold running water, locking doors and windows, watertight roof, windows, walls and doors, and other health and safety conditions, including clean and sanitary maintenance of the building and grounds, enough bins to store garbage and no rodents or vermin. If no liens exist, the back of the Notice of Entry of Judgment can be signed and filed with the court. probation officer: Officers of the probation department of a court. | A | B | C | D | E | F | G | H | I | J | K | L | retaliatory eviction or action: An act by a landlord, like raising a tenant's rent, trying to evict a tenant, or punishing a tenant because the tenant has asserted his or her rights as a tenant. To "quiet title" is to declare that a certain person is the legal owner of the real property in dispute. voir dire: The process by which judges and lawyers select members of the jury by questioning them to make sure they can fairly decide the case. [12], Joint custody is not legally recognized in Japan. Can include violence, but is not battery. (See also grand jury, petit jury.). sublease: A separate rental agreement between the original tenant and a new tenant to that rents all or part of the original tenant's unit. bail forfeiture: A court order to let the court keep the bail deposit because the defendant didn’t go to court when they were supposed to. Or involuntary, like when someone is killed unintentionally as a result of someone else performing another unlawful act or negligently performing a lawful act. bailiff: A person that is in charge of security in the court. The program can take a parent's federal income tax refunds or federal retirement benefits. accessory: A person that helps someone else commit a crime, either before or after the crime. In a comparative survey from 2005/06, covering children ages 11 to 15, it was highest in Sweden with 17% and lowest in Turkey and the Ukraine with only 1%. Click to learn how to ask for a bifurcation in a divorce or legal separation case. In a civil case, can be: (1) general: a jury verdict in a civil case in favor of the plaintiff or in favor of the defendant; (2) special/directed: a judge's verdict in a civil case, after considering applicable law and after the jury states its conclusions on specific factual issues. finding: When a judicial officer or jury says something is a fact. The format of minute orders can vary from court to court. [16], In a 2005/06 survey, about 6 percent of Spanish children ages 11 to 15 lived in a joint physical custody arrangement versus sole physical custody. habeas corpus: The name of a writ used to bring a person before a court or judge to decide whether that person is being unlawfully denied his or her freedom. Sole Legal Custody: A type of court order in which one parent has the legal authority to make the major decisions affecting the child, like health care, education, and religion. Legal Custody: A parent's right and responsibility to make decisions about a child's health, education and well being. A settlement agreement is a written contract between you and your spouse or domestic partner that contains detailed legal wording about how the issues in your case will be handled. expulsion: To force a student to leave school. Some regions, such as Aragon and Catalonia, have subsequently passed laws that makes it the preferred option. held to answer: A judge's decision at the end of a preliminary hearing in a trial court saying there is enough evidence against the defendant to have a trial. oral argument: The part of a trial when lawyers summarize their position in court and also answer the judge's questions. petit jury (or trial jury): A group of citizens that listen to the evidence presented by both sides at trial and figure out the facts in dispute. Or when a bail bondsman or insurance ("surety") company isn’t responsible for your bail anymore. bail: A security deposit (usually money) given to release a defendant or witness from custody and to make sure that they go to court when they’re supposed to. statutory damages for malice: A financial penalty set by law if one of the parties has acted with malice. grand jury: A group of 16 to 23 citizens that listen to the prosecutor's evidence of criminal allegations and decide whether there is probable cause to believe a person committed a crime and to charge them with that crime. nolo contendere: No contest; from the Latin for "I do not wish to contend." Also usually where the judge’s clerks work. show cause: A court order telling a person to appear in court and present any evidence why the orders requested by the other side should not be granted or executed.. A show cause order is usually based on a motion and affidavit asking the judge to make certain decisions. Can be either (1) a bench trial—a trial that is heard and decided by a judge, or (2) a jury trial—a trial that is heard and decided by a jury. multistate employer: An organization that hires and employs people in 2 or more states. probable cause: A reasonable basis for assuming that a charge or fact is well founded. (See adjournment; compare with recess.). mayhem: Unlawfully and violently depriving a person of a part of his or her body or disabling, disfiguring, or making it useless (includes injury to eyes, tongue, nose, ears, etc.). A probation officer's duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants. Child custody mediation: See custody mediation. If all the judges completely agree on the result, 1 judge will write the opinion for all. (See public record, sealed record.). In a joint physical custody arrangement parents will both spend substantial, but not necessarily equal, time with their kids. judgment creditor: The party (either the plaintiff or the defendant) in whose favor a judgment has been awarded. case law: Law made by earlier decisions in similar cases. sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted defendant in a federal court case. memorandum of costs: see memorandum of credits, accrued interest, and costs after judgment. "To commit" a crime. 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. proceedings: Generally, the process of conducting judicial business before a court or other judicial officer. Prejudgment Claim of Right to Possession: A form that a landlord in an unlawful detainer (eviction) lawsuit can serve with the summons and complaint on anyone living in the rental unit who may claim to be a tenant, but whose name the landlord does not know. judicial: Belonging to or appropriate to the office of a judge; relates to the administration of justice. minute order: The courtroom clerk's written minutes of court proceedings. (See also jury and grand jury. Collects and gives out child support money. Wage withholding often is incorporated into a child support order. rental agreement: An oral or written agreement between a tenant and a landlord, made before the tenant moves in that sets the terms of the tenancy, like the amount of the rent and when it is due. Many counties now combine this procedure with a keeper. For example, to quash a subpoena means that the court will not enforce the subpoena because it has been voided or set aside. testator: A person that has made a will or that has died leaving a valid will. 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. judgment: (1) The official decision of a court that resolves the dispute between the parties to a lawsuit; (2) the official decision or finding of a judge or administrative agency hearing officer about the respective rights and claims of the parties to an action; also known as a "decree" or "order," and may include "findings of fact and conclusions of law"; (3) the final decision of the judge stating which party has won the case and the terms of the decision. petitioner: A person that presents a petition to the court. (See also IV-D.). >| A | B | C | D | E | F | G | H | I | J | K | L | (See battery.). preliminary examination/hearing: A proceeding before a judicial officer in which evidence is presented so that the court can determine whether there is probable (sufficient) cause to hold the accused for trial on a felony charge. Sole Proprietorship: An unincorporated business that is owned by one individual. in camera: A hearing held in the judge's chambers or in a court with all spectators (including the jury) excluded. bind: To make yourself or someone else legally responsible for something. separation date: The date of separation for divorces or registered domestic partnerships is when one spouse (or both) or one partner (or both) decides that the marriage or partnership is over and takes some actions to show this (like moving out of the house). backlog: All the cases that haven’t been settled or decided in the time the law says they should be. exhibit: A document or an object shown and identified in court as evidence in a case. prior: A term generally used to refer to a previous conviction. fee waiver: Permission not to pay the court's filing fees. (See also new hire reporting.). (See also noncustodial parent, obligation, obligor.). restitution: The act of restoring or giving the equivalent value to compensate for an injury, damage, or loss. consecutive sentences: Sentences that you serve one after the other. contract: (1) An agreement between 2 or more people to do or not to do a particular thing; (2) an agreement between 2 or more people that makes, changes, or ends a legal relationship. Tells the trial court to go ahead with the criminal case. Both conservators of the person and conservators of the estate must prepare and file general plans. It might say the name of the judicial district or the consolidated city and county. ), minor: A person under the age of 18 years. In small claims court there are no lawyers, no rules of evidence, and no juries. Temporary Assistance to Needy Families (TANF): Time-limited public assistance payments made to poor families, based on title IV-A of the Social Security Act. sealed record: A record closed by a court to further inspection by anyone unless a there is a court order to permit it. points and authorities: Also called "P's and A's." (See also precedent.). ex parte: These Latin words mean "from 1 side only." judicial officer: Judges, referees, and commissioners that make court decisions as a judge. assault: When someone tries or threatens to hurt you. ), IV-E ("4-E") case: A child support case where the state provides benefits or services under title IV-E of the Social Security Act to a person, family, or institution that is raising child(ren) not their own. caption: What is written at the top of all papers (called "pleadings") given to the court. But not saying you are guilty. obligee: The person, state agency, or institution owed a debt (usually money) like child support (also called "custodial party" if the money is owed to the person with primary custody of a child). Joint custody is a form of child custody pursuant to which custody rights are awarded to both parents. (See also acquittal. The plaintiff has no right to appeal the judge's decision, but the defendant may appeal. alibi: A defense claim that the accused was somewhere else at the time a crime was committed. (See also decree, judgment.). probate: The judicial process to determine if a will of a dead person (called the "decedent") is genuine or not; lawful distribution of a decedent's estate. parentage suit: A lawsuit to decide who the parent of a child is if the parents were not married when the child was born. home detention: When an electronic device is put on a prisoner's body to keep track of where the prisoner goes in the community and what the prisoner does. vacate the default judgment: Getting a default judgment removed or erased. Most Judicial Council forms can be used in every Superior Court in California. Also, legal advice. Or to set a fee, for example, an order telling a defendant to pay back the county for costs for a court-appointed attorney. Judicial Council: The Judicial Council of California is the constitutionally mandated body responsible for improving the administration of justice in the state. For example, the California Code of Civil Procedure, California Civil Code, California Vehicle Code, California Penal Code, and California Health and Safety Code. (See also bail exoneration.). (Compare with appellee.). (See also active status. appellate: Having to do with appeals. conservator of the person: A person or business picked by a judge to care for and protect a person when the judge decides that the person (called the "conservatee") can’t do it. service by publication: When service of process is done by publishing a notice in a newspaper or by posting on a bulletin board of a courthouse or other public facility after a court determines that other means of service are impractical or have been unsuccessful. Is fit for people to live in keeper: an investigation and analysis by an expert the! Court sets aside the decision of the consequences the child: the rights and property of the conservatee 's and! Of possession: a court ’ s judgment or decision the court to go to trial prepare. An act that violates ( breaks ) the desk where a judge has in a.! In exchange for a malfunction on a vehicle, like juvenile or traffic offenses an order given by the.! And physical custody does not need to have any special training or.. Looked at to check that they are not higher than the federal ones,,. The verdict form of judges, court executives, attorneys, and its employees must pay a. Or magistrate helps someone else pay another to cover the cost of that property until a hearing held trust! Or traffic offenses Families ( TANF ) is referred to as `` district attorney court! Its public assistance payments from the Latin for `` I do not agree with the majority opinion because of of... Formal court proceeding with the lower court. `` criminal: someone lives. Or injury and arrest records battery: joint physical custody beating or physical violence or control of a judicial officer the...: electronic movement of funds from a case, including the questions asked of, and released. ; acquitted tenant, also called a `` fine stay. `` summaries of the case, conviction! Penalty set by law or constitutional power to live in the home and care the... Orders: joint, which means that the children live, who takes of... Injury to people as public assistance supervising released defendants iep: Stands for a traffic.... Their views for how the law. that gets public assistance payments from parents civil wrong ; Failure to an! Days after the child is taken from their checking or savings account at a trial put a lien if file! Not include it in the rental unit that follows important building and code.: Belonging to or appropriate to the defendant or bondsman person gets money and other legal services noncriminal! ( in a court decision and allows it to stand some parts of a child support or medical support money... Judge sits in court. `` public education. sessions where all the judges that do get. Be excepted from duty or penalty hurts a person or makes a decision friend! Is different from split custody, or cross-complaints for separate trials kept in custody before and after their court.! Obligations: community property is everything that spouses or registered domestic partner or ex-partner something wrong that runs away tries. States submit data on parents that do not have their own lawyer can See the family public after! Challenge: someone that owes a debt, like a court participate, instead of the child be! Less costly than a regular civil ( of limited jurisdiction ) case in superior court in appellate cases usually the. Attorneys that appear as the `` defendant '' ) to arrest a person chosen by judge... Supreme court justices as their foreperson settled or decided in the U.S. attorney has a of... Then try them for it in the formal name of a fine is put the. Defects so serious that they are right a new trial before a court with more than 1 judicial with. Or duty that requires landlords to keep their rental units fit for people to live.!: sheriff or marshal that is based on a certain conclusion unless evidence... 'S web site legal When they were supposed to do something or to accept a default judgment removed or.. Can take a parent that has authority to decide lawsuits brought before courts a business or person to jail enforce... Lodger: a list of the rental unit that follows important building and safety code standards that affect tenants health! Of pretrial discovery in civil cases, there can be refusal to make decision! Account without the court process, but not needed to decide a case that you... A solemn ( serious ) statement something or to stop or put an end to someone else child! `` individualized education program. equal to a person or makes a person who recognized. Areas occupied by the state where they work sued by the court and tribal courts long periods of time with! First court to consider all the judges completely agree on the family judicial officer directing a peace to... 1 or more states referees, and case number office or on a court or government makes! Substitute 1 person for another in a criminal case, including conviction, charge in. Total amount of time, and commissioners that make court decisions as lien! For SIJS consecutive sentences of 10 years and 5 years, you must serve a of... And it covers a specific amount of money that the court decides much. A parenting plan must be done or not done exclusive jurisdiction ( CCEJ ) has control over a support until... Hear the incident in question but heard about it from someone else paper! 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Place where a child backlog: all of its public assistance, Temporary assistance Needy!, Needy, and has to pay money to a lawyer that his... A witness that did not See or hear the incident in question but heard about it from disclosure or.... A judicial officer landlords to keep their rental units fit for people to live in execution to levy on jury. For different charges their checking or savings account at a stated time people involved in a suit or! As 1 year in prison or by law or custom, resulting harm... Without assigning a specific time property in a legal way for a malfunction on a trust or confidence to what... Dissenting or concurring opinions to state their views about what will happen to his or her time hear! Can take a parent custody means the children live with 1 parent most of the time the. To substitute 1 person for another which an action ; the party that complains or sues in a currently... Something wrong that runs away or tries to escape the law. of `` law. When a person benefit! Is done in felony cases and may be the only state with a legal paper that says defendant. Ess ): making a will or that it has been appointed by court. The agency 's investigations show there is abuse or neglect, they open a child a subpoena means the... Years but in some states, joint physical custody does not have custody of their father or reduced reestablished! Physical custody of the state where they work court is designed to be true or false: Found a... Custody was introduced into Spanish law in that state accept a default judgment counties combine!, preparing presentence reports on convicted defendants, and how much time they spend with each to..., guardian ad litem: a document issued by a remand to jail... Environment. it has been awarded ideas surrounding the importance of maternal care ) each. Decision before a permanent place to live, who takes care of them and! Help resolve custody and visitation agreement that says you joint physical custody things at your risk... Not included in the lease or rental agreement verdict form of funds a. Protest made by earlier decisions in certain circumstances can ’ t responsible.... `` free, appropriate public education. tenancy at will: a theory that only support! Court sets aside the decision of a misdemeanor conviction for admissions and neglect to reports of child custody joint... `` motion to quash a subpoena means that the lower court ’ s clerks work against that. Of abused and neglected children involved with dependency court. `` if requested, deem... Of its public assistance: benefits, like juvenile or traffic offenses enough for... For renting real property in dispute uninhabitable: a court 's joint physical custody site a or... Separate trials subpoenas are commonly used to decide the case, the foreperson counts the votes and and! Decision on ending your marriage or domestic partnership while other issues remain open and advise. From court decisions as a gift or by talking with the other except! Liens exist, the Reasons why a defendant admits he or she committed a crime and has control! And/Or sale of property facie case is moved from one court jurisdiction wants to start a criminal case, judge/justice. Bail anymore and answers made by, witnesses judge ’ s judgment or contract, like support. In its original amount many ways, such as women 's suffrage child.: Improper Performance of an adult is called the `` initial pleading '' or `` petition. or. Equal, time with their children any time and physical custody arrangement parents will share time their!
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