C - Legal Glossary

Standards of ethical conduct for attorneys.

A crime punishable by death.

Law established by previous decisions of appellate courts, particularly the United States Supreme Court. (See stare decisis in Foreign Words Glossary.)

A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

A warning; a note of caution.

Document issued by Registrar of Titles for real estate registered under the Torrens System, which is considered conclusive evidence of the present ownership and state of the title to the property described therein.

A writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes referred to as "granting cert.")

A request from a party to a judge that a certain prospective juror not be allowed to be a member of a jury because of specified causes or reasons. (Also, see peremptory challenge.)

The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Presiding or administrative judge in a court.

Arranged in the order in which events happened; according to date.

A writ or order issued by a court commanding the person named therein to appear at the time and place named; also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.

Relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings.

Civil Aeronautics Board (CAB) -A commission which promotes and regulates the civil air transport ndustry in the U.S. and between the U.S. and foreign countries.

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.

A debt owing by a debtor to another person or business. In probate parlance, the term used for debts of the decedent and a procedure that must be followed by a creditor to obtain payment from his estate.

A federal law which is an amendment to the Sherman Act dealing with antitrust regulations and unfair trade practices.

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.

Administrator or chief clerical officer of the court

An annual publication which contains the cumulative executive agency regulations.

An amendment to a will.

Trademark or service mark used by members of a cooperative, an association, or other collective group or organization.

Also case law. Law established by subject matter heard in earlier cases.

A rule in admiralty law where each vessel involved in a collision is required to pay a share of the total damages in proportion to its percentage of fault.

The party who complains or sues; one who applies to the court for legal redress. (See also plaintiff.)

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 is may be less formal.

The legal process by which the government takes private land for public use, paying the owners a fair price. (See eminent domain.)

Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations. (See also cumulative or concurrent sentences.)

Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself. (See also guardianship.)

The fundamental law of a nation or state which establishes the character and basic principles of the government.

A proceeding under the Bankruptcy Code filed by an individual (or husband and wife) who is not in business.

Postponement of a legal proceeding to a later date.

The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a bar to recovery.

A judgment of guilt against a criminal defendant.

A legal adviser; a term used to refer to lawyers in a case.

A body in government to which the administration of justice is delegated.

A court where a matter is initiated and heard in the first instance; a trial court.

Regulations governing practice and procedure in the various courts.

A person to whom a debt is owed by another.

The network of courts and tribunals which deal with criminal law and its enforcement.

The questioning of a witness produced by the other side.