dictionary.json

[{"term":"Administrative Office of the United States Courts","definition":"The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"Alford plea","definition":"A plea of guilty despite a claim of innocence by a defendant who acknowledges that the evidence may be sufficient to convict him, named for the case of North Carolina v. Alford; an Alford plea is a guilty plea.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"Article III judge","definition":"A federal judge who is appointed for life, during \"good behavior,\" under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"Frye Hearing","definition":"Hearing to determine the admissibility of scientific evidence or expert testimony.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"Miranda rule","definition":"The rule of law requiring the government to tell a (to \"mirandize\") suspect after arrest and before questioning that he has certain rights such as the right to remain silent, that the statements he makes may be used against him, his right to counsel and that counsel may be appointed if he cannot afford one.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"Terry","definition":"Short-hand reference to the famous case, Terry vs. Ohio, whereby police stop but do not arrest suspects because probable cause does not exist to arrest the suspect.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"U.S. attorney","definition":"A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"U.S. trustee","definition":"An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"abscond","definition":"To escape, flee or disappear.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"absolute or unconditional pardon","definition":"A pardon which frees the criminal without any condition whatever from reaches both the punishment prescribed for the offense and the guilt of the offender. It obliterates in legal contemplation of the offense itself. It restores the accused to his civil rights and remits the penalty imposed for the particular offense of which he was convicted in so far as it remains unpaid or unserved.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"accessory","definition":"A person who aids or contributes in a secondary way or assists in or contributes to a crime as a subordinate; an accessory does acts which facilitate others in the commission or attempted commission of a crime or in avoiding apprehension for a crime.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"accessory after the fact","definition":"One who receives, comforts, or assists a felon knowing that he has committed a felony, or is sought in connection with the commission of a felony.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"accessory before the fact","definition":"One who procures, counsels or commands the deed perpetrated, but who is not actively present at such perpetration.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"accomplice","definition":"Witness who is liable to being prosecuted for the identical offense charged against the defendant on trial; his testimony must be corroborated.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"accused","definition":"A person against whom a criminal proceeding is initiated, charging him with the commission of a crime or punishable offense.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"acquit","definition":"To find a defendant not guilty in a criminal trial. ","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"acquittal","definition":"A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"active judge","definition":"A judge in the full-time service of the court. Compare to senior judge.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"addendum","definition":"Something to be added, especially to a document; a supplement.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"adjudicate","definition":"To decide or make a judicial judgment or order.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"admissible","definition":"A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"adversary proceeding","definition":"One having opposing parties; contested, as distinguished from a hearing in which only one party appears.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"affidavit","definition":"A written, printed, or videotaped declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"affirm","definition":"To ratify, make firm, confirm, establish, reassert. Alternate to swearing under an oath.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"affirmation of marriage","definition":"A judicial proceeding in which a party seeks to confirm or ratify that a valid marriage exists between that party and the other party to the suit.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"affirmative defense","definition":"A defense to a charge of criminal activity, which places the burden of proof on the defendant. Examples of Affirmative Defenses include insanity, self-defense and intoxication.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"affirmed","definition":"In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"aforethought","definition":"Premeditated or conceived of before actually being done or carried out.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"aggravated assault","definition":"To assault where serious bodily injury is inflicted on the person assaulted; it is also an assault with the intent to commit an additional crime, such as rape, murder or robbery; it also includes assaults committed with deadly weapons.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"aggrieved party","definition":"One whose legal right is invaded by an act complained of.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"aid and abet","definition":"To actively, knowingly, intentionally, or purposefully facilitate or assist another individual in the commission or attempted commission of a crime.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"alias","definition":"A name, other than his true name, by which a person is known; an indication that person is known by more than one name, often shown with the abbreviation AKA (also known as).","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"alibi","definition":"A defense proving that the accused, at the time of the commission of the crime charged, was at a different place than the scene of the crime, so that he could not possibly have committed it.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"alimony","definition":"The allowance which a person pays by order of the court for the support of his or her estranged spouse.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"allegation","definition":"A declaration by a party to an action made in a pleading which states what he expects to prove ","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"allocution","definition":"Presentence step in which the judge asks the defendant whether he has any legal cause to show why judgment should not be pronounced against him, or whether he would like to make statement on his behalf and present any information in mitigation of sentence. It permits defendants to speak in their own behalf in criminal cases prior to sentencing and to present any information in mitigation of punishment procedure.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"alternate juror","definition":"A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"alternative dispute resolution","definition":"A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"amend","definition":"To change.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"amicus curiae","definition":"Latin for \"friend of the court.\" It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"ancillary proceeding","definition":"One growing out of or auxiliary to another action or suit, or which is subordinate to or in aid of a primary action, either law or in chancery.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"ancillary process","definition":"Any process which is in aid of or incidental to the principal suit or action; e.g. attachment.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"annulment","definition":"A judicial proceeding in which one party seeks to nullify a void or voidable marriage. A voidable marriage is valid until annulled, while a void marriage never was a valid marriage.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"appeal","definition":"A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is \"to appeal\" or \"to take an appeal.\" One who appeals is called the \"appellant;\" the other party is the \"appellee.\"","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"appearance","definition":"A formal proceeding by which a party summoned submits or presents himself to the court.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"appellant","definition":"The party who appeals a district court's decision, usually seeking reversal of that decision.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"appellate","definition":"About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"appellate jurisdiction","definition":"The power vested in an appellate court to review and revise the judicial action of an inferior court, evidenced by an appellate order or an appealable judgment rendered by such court. Limits of appellate jurisdiction are governed by statutes or constitutions. For example, the Court of Appeals has appellate jurisdiction over criminal cases (except capital murder cases) tried in circuit courts.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"appellee","definition":"The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"arraign","definition":"Arraignment of an accused consists of calling upon him by name, reading to him the charges in the arrest documents, demanding of him whether he pleads guilty or not guilty or, in misdemeanors, nolo contendere, and entering his plea. This hearing may be combined with right to counsel hearing.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"arraignment","definition":"The appearance of the accused before the court, where he is formally informed of the charges being brought against him and where he is requested to plead \"guilty\" or \"not guilty\"; (in some cases, he can also plead \"nolo contendere\" or \"no contest\").","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"arrears","definition":"That which is unpaid although due to be paid; a person \"in arrears\" is behind in payment.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"arrest","definition":"To deprive a person of his liberty by legal authority; to take a person who is suspected of a crime into official custody.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"arson","definition":"The illegal and malicious burning or destruction of any dwelling.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"assault","definition":"To attempt or threat to inflict bodily injury upon another, accompanied by the apparent present ability to carry out the attempt or the threat if not prevented.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"assets","definition":"Property of all kinds, including real and personal, tangible and intangible.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"attachment","definition":"The act or process of taking, apprehending, or seizing persons or property, by virtue of a writ, summons or other judicial order, and bringing the same into custody of the court for purpose of securing satisfaction of the judgment ultimately to be entered in the action.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"attorney at law","definition":"A lawyer or counsel; a person who is qualified and authorized to assist and to represent people in legal matters, including in the trying of cases and suits in court.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"attorney general","definition":"The chief law officer of the federal government or of each state government; his office represents the government and its agencies in court; his office also represents the people of the state and assists district attorneys in the prosecution of criminal cases.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"attorney-in-fact","definition":"A person, not necessarily a lawyer, to whom authority is given by another to act in his place. The authority to act as an Attorney-In-Fact is given by a document containing a power or letter of attorney.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"automatic stay","definition":"An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"bail","definition":"The release of a person from legal custody by a written agreement (recognizance) that he shall appear at the time and place designated and submit himself to the jurisdiction of the court and observe the requirements set forth in the recognizance.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"bail bond","definition":"A document executed to obtain the release of a person in custody stating that the surety forfeits his security in the event the defendant fails to appear as required for court dates.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"bail forfeiture","definition":"Loss of bail status by order of a judge, usually upon a defendant's failure to appear.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"bailiff","definition":"A court officer or attendant who has charge of a court session in the matter of keeping order, custody of the jury, and custody of prisoners while in the court.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"bankruptcy","definition":"A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code).","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"bankruptcy administrator","definition":"An officer of the Judiciary serving in the judicial districts of Alabama and North Carolina who, like the United States trustee, is responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"bankruptcy code","definition":"The informal name for title 11 of the United States Code (11 U.S.C. \u00a7\u00a7 101-1330), the federal bankruptcy law.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"bankruptcy court","definition":"The bankruptcy judges in regular active service in each district; a unit of the district court.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"bankruptcy estate","definition":"All interests of the debtor in property at the time of the bankruptcy filing. The estate technically becomes the temporary legal owner of all of the debtor's property.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"bankruptcy judge","definition":"A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"bankruptcy petition","definition":"A formal request for the protection of the federal bankruptcy laws. (There is an official form for bankruptcy petitions.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"bankruptcy trustee","definition":"A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"battery","definition":"The unlawful application of force to the person of another; includes the assault and the actual use of force or violence in injuring another person.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"bench trial","definition":"A trial without a jury, in which the judge serves as the fact-finder.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"bench warrant","definition":"An arrest warrant issued by the court.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"beyond a reasonable doubt","definition":"Standard of proof required to convict a criminal defendant.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"bill of complaint","definition":"The pleading filed in equity actions.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"bill of cost","definition":"A certified, itemized statement of the amount of costs in an action or suit.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"bill of indictment","definition":"A formal written document accusing a person or persons named of having committed a felony or misdemeanor, lawfully presented by the prosecuting attorney for their action upon it.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"bill of particulars","definition":"A written statement or specification of the details of the demand for which an action at law is brought.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"bond","definition":"A certificate or evidence of a debt with a sum fixed as a penalty, which contains a written agreement binding the parties to pay the penalties. It contains a condition, however, that the payment of the penalty may be avoided by the performance by some one or more of the parties of certain acts.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"brief","definition":"A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"burden of proof","definition":"The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"burglary","definition":"The entering into a house or building or structure with the intent of committing a felony or a theft therein.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"business bankruptcy","definition":"A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"capias","definition":"General name for a court order requiring law enforcement to take a person into custody.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"capital offense","definition":"A crime punishable by death.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"capital punishment","definition":"A sentence of death for the convicted offender.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"case file","definition":"A complete collection of every document filed in court in a case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"case law","definition":"The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"caseload","definition":"The number of cases handled by a judge or a court.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"cause of action","definition":"A legal claim.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"challenge for cause","definition":"A request from a party to a judge that a certain prospective juror not be allowed to be a member of the jury because of specified causes or reasons which would legally justify such person not being allowed to serve as a juror in the case.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"chambers","definition":"The offices of a judge and his or her staff.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"chancery","definition":"A term used to identify equity cases in which the party filing suit is seeking an award of something other than money.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"chancery docket","definition":"The chancery docket lists all chancery cases in the sequence in which they were filed and generally refer to pending cases only.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"chancery order book","definition":"These books contain a copy of all orders (both interlocutory and final) entered in equity cases. They are recorded in the date order in which they were entered in the court, not batched together with other orders in the same case.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"chief judge","definition":"The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"circuit","definition":"A geographical area containing one or more courts.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"circumstantial evidence","definition":"Indirect evidence; the evidence of facts or circumstances from which the existence or non-existence of other facts or circumstances may be inferred; the showing of secondary facts by which a principal fact may be rationally inferred.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"citation","definition":"A written order requiring the appearance of a person at the time and place indicated therein; it may be issued instead of taking the person under arrest; if the person fails to appear, then an arrest warrant may be issued.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"civil action","definition":"An action seeking monetary damages or asking for equitable relief.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"civil contempt","definition":"A type of contempt of court which generally arises from a willful failure to comply with an order of the court such as an injunction as contrasted with criminal contempt which consists generally of contumelious conduct in the presence of the court.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"civil docket","definition":"A listing of all pending civil actions, whether \u201clegal\u201d or \u201cequitable\u201d in nature.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"civil order book","definition":"The Civil Order Book contains a copy of all orders (both interlocutory and final) entered in civil cases. The orders are recorded in the date order in which they were entered in the court, not batched together with other orders in the same case.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"class action","definition":"A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"clerk of court","definition":"Court administrative personnel who assists the court and manages the daily operations of the court.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"closing argument","definition":"A summary of the evidence presented to the jury by the attorneys.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"coerced confession","definition":"An involuntary confession which is usually inadmissable because it was obtained by threats or force.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"collateral","definition":"Property that is promised as security for the satisfaction of a debt.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"commissioner in chancery","definition":"A lawyer appointed by the chief circuit court judge who conducts evidentiary hearings and makes factual findings in circuit court cases referred to him by the circuit court judge who is conducting the trial. The Commissioner in Chancery collects a fee for his services. His findings of fact are subject to challenge before the circuit court judge through the \u201cnoting of exceptions\u201d by the objecting lawyer or an unrepresented party, which results in a hearing and re-examination of the evidence by the judge.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"common law","definition":"In general, it is a body of law that develops and derives through judicial decisions, as distinguished from legislative enactments. The \u201ccommon law\u201d also includes all the statutory and case law background of England and the American colonies before the American Revolution.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"common law offense","definition":"An offense, which is defined by common law rather than by statute. ","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"community service","definition":"A special condition the court imposes that requires an individual to work \u2013 without pay \u2013 for a civic or nonprofit organization.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"competent","definition":"Judicial determination as to whether the criminal (competency to stand trial) defendant sufficiently understands the nature of trial proceedings.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"concurrent sentence","definition":"A sentence imposed which is to be served at the same time as another sentence imposed earlier or at the same time. ","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"confession","definition":"An admission of guilt or other incriminating statement made by the accused, either orally or in writing.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"conflict of interest","definition":"Arises when a criminal defense attorney represents more than one client; because the codefendant's interests or defenses may be dissimilar or incompatible, counsel will ask to be relieved from representing one of the defendants; when such a conflict is declared, private counsel is appointed by the court to represent him.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"consecutive sentence","definition":"Separate sentences (each additional to the others) imposed upon a defendant who has been convicted for several distinct offenses; one of such sentences being made to begin at the expiration of another.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"consolidated case","definition":"Joining of separate cases together under one case number.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"consolidation","definition":"Unification of two or more actions.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"consolidation of actions","definition":"The act or process of uniting several actions into one trial and judgment, by order of the court, where all actions are between the same parties, pending in the same court and involving substantially the same subject matter.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"construe","definition":"To put together; to arrange or marshal the words of an instrument. As with a will\u2014to ascertain the meaning of language by a process of arrangement and inference. ","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"consumer bankruptcy","definition":"A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"consumer debts","definition":"Debts incurred for personal, as opposed to business, needs.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"contempt","definition":"Any act which is calculated to embarrass, hinder, or obstruct the court in administration of justice, or which is calculated to lessen its authority or its dignity.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"contempt of court","definition":"An act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or the respect for its authority.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"contingent claim","definition":"A claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"continuance","definition":"The adjournment or postponement of an action or proceeding pending in a court until some future date.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"contract","definition":"An agreement between two or more people that creates an obligation to do or not to do a particular thing.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"conviction","definition":"A judgment of guilt against a criminal defendant.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"coroner","definition":"A public official who investigates the causes and circumstances of deaths that occur within his jurisdiction, especially to determine whether the death was not by natural causes.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"corpus delicti","definition":"An essential element of a criminal offense which must be proved by the district attorney; specifically, the prosecution must prove that a death occurred and it is the result of murder.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"counsel","definition":"Legal advice; a term also used to refer to the lawyers in a case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"counterclaim","definition":"A claim presented by the defendant in a civil case alleging that the plaintiff owes damages to the defendant.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"county jail","definition":"A facility run by a county to detain people awaiting trial or convicted and sentenced for minor crimes or offenses.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"court","definition":"Government entity authorized to resolve legal disputes. Judges sometimes use \"court\" to refer to themselves in the third person, as in \"the court has read the briefs.\"","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"court order","definition":"A command or mandatory direction of a judge which is made during a case. Also includes a command of the judge which establishes courtroom or administrative procedures.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"court reporter","definition":"A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"court trial","definition":"Trial by a judge alone without a jury.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"credit counseling","definition":"Generally refers to two events in individual bankruptcy cases: (1) the \"individual or group briefing\" from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the \"instructional course in personal financial management\" in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"creditor","definition":"A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"crime","definition":"Any act which the sovereign power of a country has deemed contrary to the public good and hence, prosecutable in a criminal proceeding; crimes include \"felonies\" and \"misdemeanors\".","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"cross examination","definition":"Questioning by a lawyer of a witness for the opposing side.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"cross-claim","definition":"Claim by party against a co-party arising out of the transaction that is the subject matter of the original action or of a counterclaim; i.e. litigated by parties on the same side of the main litigation.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"custody","definition":"The detainment of a person by virtue of lawful process or authority; actual imprisonment.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"custody case","definition":"The type of proceedings in which the court determines which parent, other adult, or agency shall have physical control over a child. ","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"damages","definition":"Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"de facto","definition":"Latin, meaning \"in fact\" or \"actually.\" Something that exists in fact but not as a matter of law.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"de jure","definition":"Latin, meaning \"in law.\" Something that exists by operation of law.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"de novo","definition":"Latin, meaning \"anew.\" A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"de novo hearing","definition":"A new hearing or a hearing for the second time contemplating an entire trial in the same manner in which the matter was originally heard. Court hears matter as court of original jurisdiction and not appellate jurisdiction.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"dead time","definition":"Time spent by defendant in jail awaiting trial and sentencing.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"debtor's plan","definition":"A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"declaratory judgment","definition":"A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"decree","definition":"The judgment of a court of equity. It is the equivalent to an Order (just a different name).","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"default","definition":"A failure to comply with a duty to one's own disadvantage; default means anything wrongful, an omission to do that which ought to have been done by one of the parties.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"default judgment","definition":"A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"defendant","definition":"In criminal cases, the person against whom a criminal proceeding is initiated, charging him with the commission of a crime or a punishable offense; in civil cases, the person being sued, who also may be called the \"respondent.\"","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"deliberations","definition":"Jury discussions and consideration of the facts conducted prior to reaching a decision.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"demurrer","definition":"A pleading by a defendant disputing the legal sufficiency of plaintiff's pleadings. In effect, it is an allegation that \u201ceven if the plaintiff's claims are true, he has not stated a claim which is sufficient for the judge to enter an order in his favor for the requested award.\u201d It is used to try to get a case dismissed because the legal claims are not sufficient for granting judicial relief. ","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"deposition","definition":"Sworn testimony taken and recorded outside the courtroom but according to the rules of the court.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"detain","definition":"To hold a suspect or suspect's property against that suspects will.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"direct examination","definition":"The witness\u2019 first questioning by the side introducing the witness.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"dischargeable debt","definition":"A debt for which the Bankruptcy Code allows the debtor's personal liability to be eliminated.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"disclosure statement","definition":"A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide \"adequate information\" to creditors to enable them to evaluate the chapter 11 plan of reorganization.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"discovery","definition":"Procedures by which one party to a lawsuit may obtain information relevant to the case which is held or known by the other party. Discovery methods include depositions, interrogatories, requests for production of evidence, request for admissions, request for physical or mental examination of a person, and subpoena duces tecum.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"dismissal","definition":"An order disposing of an action, suit, etc., without trial.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"dismissal with prejudice","definition":"Court action that prevents an identical lawsuit from being filed later.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"dismissal without prejudice","definition":"Court action that allows the later filing.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"disposable income","definition":"Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"disposition","definition":"Determination of the final arrangement or settlement of a case following judgement.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"diversion","definition":"The suspension of criminal prosecution of certain offenders; the offender may be asked to participate in a treatment or supervisory program in exchange for his agreement to stop or to suspend prosecution.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"docket","definition":"A record of all cases and actions scheduled to be heard in court, whether or not the matter is actually heard in a court on a particular day.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"double jeopardy","definition":"A second prosecution for the same offense and multiple punishments for the same offense. Double jeopardy is prohibited by the Fifth Amendment to the Constitution of the United State, which provided that no person shall \u201cbe subject for the same offense to be twice put in jeopardy of life or limb.\u201d ","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"due process","definition":"A constitutional provision that guarantees every person a fair and impartial trial within the rules and procedures of the legal system.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"embezzlement","definition":"Fraudulently using or taking another's funds.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"en banc","definition":"French, meaning \"on the bench.\" All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"encumbrance to property","definition":"Binding claim or liability attached to real property. Encumbrances are generally liens which affect the title to the property or restrictions which affect the physical use of property, such as easements or encroachments.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"entrapment","definition":"The instigation by a government official of the commission of a crime by a person who was not predisposed to commit such crime.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"entry of order or decree","definition":"Signing of order or decree by judge.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"equal protection","definition":"A constitutional guarantee that all persons receive the same treatment under the law as all other persons under the same circumstances.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"equitable","definition":"Pertaining to civil suits in \"equity\" rather than in \"law.\" In English legal history, the courts of \"law\" could order the payment of damages and could afford no other remedy (see damages). A separate court of \"equity\" could order someone to do something or to cease to do something (e.g., injunction). In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in \"law\" cases but not in \"equity\" cases.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"equitable distribution","definition":"The distribution of property between husband and wife in a divorce or annulment case. Each party receives so-called \u201cseparate property\u201d outright, while \u201cmarital property\u201d acquired during the marriage in which both parties have some legal rights or interests are divided between the parties based on the \u201cequities\u201d of the parties (what would be a fair distribution in light of contributions to the marriage, earning capacity, obligations, etc.).","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"equity","definition":"The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"evidence","definition":"Any legally presented proof (witnesses, records, documents, concrete objects).","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"ex parte","definition":"A proceeding brought before a court by one party only, without notice to or challenge by the other side.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"exclusionary rule","definition":"Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"exculpatory evidence","definition":"Evidence indicating that a defendant did not commit the crime.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"executory contracts","definition":"Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"exempt assets","definition":"Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"expert witness","definition":"A person with special skills, training, or knowledge of a subject, who is called to answer questions about that subject.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"expunge","definition":"To completely remove some information from all existing official criminal justice records.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"expungement of record","definition":"Process by which record of criminal conviction is destroyed or sealed after court order to do so as permitted by statute.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"extenuating circumstances","definition":"Unusual factors relating to and tending to contribute to the consummation of an illegal act, but over which the actor had little or no control; these factors therefore, reduce the responsibility of the actor and serve to mitigate his punishment or his payment of damages.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"extradition","definition":"The surrender by one state to another state of an individual accused or convicted of an offense outside its own territory and within the territorial jurisdiction of the other state, which, being competent to try and punish him, demands the surrender.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"face sheet filing","definition":"A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. (Face sheet filings are often made for the purpose of delaying an eviction or foreclosure.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"fact","definition":"A circumstance, event or occurrence, that actually takes or took place.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"false arrest","definition":"Any unlawful physical restraint of another's liberty, whether in prison or elsewhere.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"false pretense","definition":"Using trick or fraud to illegally obtain the property or money of another.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"family farmer","definition":"An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"federal public defender","definition":"An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"federal public defender organization","definition":"As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"federal question jurisdiction","definition":"Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"felony","definition":"A serious crime, usually punishable by at least one year in prison.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"final order","definition":"One which either terminates the action itself or decides some matter litigated by the parties or operates to divest some right or one which completely disposes of the subject matter and the rights of the parties.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"finding","definition":"The result of the deliberations of a court.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"foreman","definition":"The presiding member of a grand or petit jury, who speaks or answers for the jury. ","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"forgery","definition":"Falsely making or altering a document.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"fraud","definition":"Intentionally deceiving another.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"fraudulent transfer","definition":"A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"freeholder","definition":"Any person owning an interest in land in fee, including a person owning a condominium unit.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"fresh start","definition":"The characterization of a debtor's status after bankruptcy, i.e., free of most debts. (Giving debtors a fresh start is one purpose of the Bankruptcy Code.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"garnishee","definition":"One garnished; a person against whom process of garnishment is issued; one who has money or property in his possession belonging to a judgment debtor, or who owes the judgment debtor a debt, which money, property, or debt is attached in his hands, with notice to him not to delivery or pay over to the judgment debtor the amount claimed in the garnishment summons until the judgment in the suit is entered.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"garnishment","definition":"A statutory post-judgment proceeding in which a third party who holds property, money or credits belonging to the judgment debtor is required to surrender such property, money or credits (to the extent of the judgment) to the court or sheriff for application against the judgment awarded against the judgment debtor.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"grand jury","definition":"A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"guardian ad litem","definition":"A lawyer appointed to defend or prosecute a case on behalf of a party incapacitated by infancy or otherwise. ","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"habeas corpus","definition":"Latin, meaning \"you have the body.\" A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"hearing","definition":"A proceeding similar to a trial without a jury in which issues of fact or law are tried before a judge or magistrate or a referee and may include evidence and attorneys' arguments on the case; a hearing may be held at any state of the proceedings; there are also administrative hearings which may take place outside the judicial process, before officials who have been granted judicial authority expressly for the purpose of conducting such hearings.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"hearsay","definition":"Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"home confinement","definition":"A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment \u2013 a transmitter attached to the wrist or the ankle \u2013 to help ensure that the person stays at home as required.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"homicide","definition":"A neutral word that indicates the killing of a human being by another human being, without giving any idea whether the killing was excusable or felonious.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"hostile witness","definition":"A witness (also called adverse witness) whose relationship to the opposing party is such that his testimony may be prejudiced; instead of testifying for the party that called him, he testifies against such party; a witness declared to be hostile may be asked leading questions and is subject to cross-examination by the party that called him as if he had been called by the other party.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"hung jury","definition":"A jury whose members (jurors) cannot reconcile their differences of opinion and which therefore, cannot reach a verdict, cannot decide whether the accused is guilty or not guilty of the charge or charges against him.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"impeachment","definition":"1. The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be \"impeached;\" 2. The constitutional process whereby the House of Representatives may \"impeach\" (accuse of misconduct) high officers of the federal government, who are then tried by the Senate.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"impeachment of a witness","definition":"The calling into question of the veracity of a witness by means of evidence offered for that purpose or by a showing that the witness is unworthy of belief.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"in camera","definition":"Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"in camera hearing","definition":"Hearing conducted in the judge's chambers rather than in the courtroom.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"in forma pauperis","definition":"In the manner of a pauper. Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"incompetent witness","definition":"A person who is not qualified to be a witness.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"incriminate","definition":"To suggest guilt.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"inculpatory evidence","definition":"Evidence indicating that a defendant did commit the crime.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"indictment","definition":"The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"indigent","definition":"In a general sense, one who is needy and poor, or one who has insufficient property to furnish him a living nor anyone able to support his or to whom he is entitled to look for support.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"ineffective assistance of counsel","definition":"Allegation often brought in a habeas corpus pleading alleging the criminal defendant's trial attorney failed to provide minimally acceptable standard of legal assistance.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"informer","definition":"One who provides information to authorities which usually leads to the issuance of a search or arrest warrant.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"injunction","definition":"A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"insanity","definition":"In a legal sense, a defendant's inability to distinguish between right and wrong conduct where he cannot understand the nature and consequences of his acts so that he does not have the ability to keep from committing a particular crime.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"intent","definition":"A state of mind wherein the person knows and desires the consequences of his act which, for purposes of criminal liability, must exist at the time when the offense is committed.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"interlocutory","definition":"Temporary, provisional, interim, preliminary.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"interlocutory order","definition":"An order which does not decide the cause, but only settles some intervening matter relating to it.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"interpleader","definition":"When two or more persons claim the same thing (or fund) of a third, and he, laying no claim to it himself, is ignorant which of them has right to it, and fears he may be prejudiced by their proceeding against him to recover it, he may join such claimants as defendants and require them to interplead their claims so that he may not be exposed to double or multiple liability.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"interrogation","definition":"Generally, the questioning by authorities of a criminal suspect.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"interrogatories","definition":"A form of discovery consisting of written questions to be answered in writing and under oath.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"interrogatory","definition":"One way a party has to discover information known to the other party, usually takes the form of written questions which the other side must answer under oath.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"intervenor","definition":"Person who voluntarily interposes in an action or other proceeding with the permission of the court.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"involuntary manslaughter","definition":"A homicide; the unlawful killing of a human being through recklessness or negligence, but without malice or intent.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"issue","definition":"1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"issue out of chancery","definition":"A factual question that arises in an equity suit because of conflicting evidence. It is an issue of fact rather than an issue of law.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"joint administration","definition":"A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"judge","definition":"An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"judgeship","definition":"The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"judgment","definition":"The official decision of a court finally resolving the dispute between the parties to the lawsuit.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"judgment by default","definition":"A judgment entered against defendant due to defendant's failure to respond to plaintiff's action or to appear at the trail; it is also called \"DEFAULT JUDGMENT\".","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"judgment creditor","definition":"The person who wins an award against some other person in a civil suit.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"judgment debtor","definition":"The person against whom an award is made in a civil suit.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"judgment lien docket","definition":"A list or docket of the judgments entered in a given court, methodically kept by the clerk or other proper officer, open to the public inspection, and intended to afford official notice to interested parties of the existence or lien of judgment.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"judicial conference of the united states","definition":"The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"jump bail","definition":"Colloquial expression meaning to abscond, withdraw, or secret one's self in violation of the obligation of bail bond.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"jurisdiction","definition":"The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"jurisprudence","definition":"The study of law and the structure of the legal system.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"jury","definition":"The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"jury instructions","definition":"A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"jury trial","definition":"Trial of matter or cause before jury as opposed to trail before judge. In a jury trial, the jury decides issues of facts, but issues of law are decided by a judge.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"lack of jurisdiction","definition":"The phrase may mean lack of power to act in a particular manner or to give certain kinds of relief. It may consist in court\u2019s total lack of power to act at all or lack of power to act in particular cases because conditions essential to the exercise of jurisdiction have not been complied with.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"larceny","definition":"The unlawful taking and carrying away of the personal property of another, without force and without consent, and with intent to permanently deprive the owner of it.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"law","definition":"Rules and principles of conduct established by the legislature, court decisions, or local customs.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"lawsuit","definition":"A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"leading question","definition":"A question asked of a testifying witness phrased in such a way that it suggests the answer the witness is to give.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"lesser included offense","definition":"One which is composed of some, but not all elements of a greater offense and which does not have any element not included in greater offense so that it is impossible to commit greater offense without necessarily committing the lesser offense.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"levy","definition":"The obtaining of money by legal process through seizure and sale of property; the raising of the money for which an execution has been issued.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"lien","definition":"A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"lineup","definition":"Display of a group of persons assembled by the police who are shown to a witness or a victim according to definite lawful standards and procedures whereby the witness or victim is asked to identify the criminal suspect if he is able to do so.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"liquidated claim","definition":"A creditor's claim for a fixed amount of money.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"liquidation","definition":"The sale of a debtor's property with the proceeds to be used for the benefit of creditors.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"litigant","definition":"A party to a lawsuit; one engaged in litigation.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"litigation","definition":"A case, controversy, or lawsuit.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"magistrate","definition":"A judicial officer having by statute some, but not all, of the powers of a judge. These powers include the power to issue arrest process and to admit a defendant to bail.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"magistrate judge","definition":"A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"malice","definition":"The state of mind which accompanies the intentional doing of a wrongful act without legal justification or excuse.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"malice aforethought","definition":"The premeditation and deliberation, for which there is no justification nor excuse.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"malicious","definition":"The state of mind which accompanies the intentional doing of a wrongful act without legal justification or excuse.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"mandate","definition":"A precept or order issued upon the decision of an appeal or writ of error, directing action to be taken or disposition to be made of case, by inferior court. Official mode of communicating judgment of appellate court to lower court, directing action to be taken or disposition to be made of cause by trial court.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"mandatory sentence","definition":"A sentence the court is required by law to impose for certain offenses or on certain offenders.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"manslaughter","definition":"The unlawful killing of a human being without malice aforethought; most jurisdictions distinguish between voluntary and involuntary manslaughter.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"manslaughter involuntary","definition":"Consists of \"criminally-negligent homicide\" and \"unlawful-act manslaughter\"; the typical example is where death results from the negligent operation of an automobile; the unlawful act cannot amount to a felony.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"manslaughter voluntary","definition":"An intentional killing committed under circumstances which, although they do not justify the homicide, mitigate it, e.g., in a heat of passion caused by the deceased's provocation, or when the killing, although unintentional, resulted from an unreasonable and grossly reckless conduct.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"material","definition":"Important, necessary; relating to a given matter.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"material witness","definition":"A witness whose testimony is particularly important to the issues in a trial.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"mayhem","definition":"The malicious maiming (depravation or disablement of a body part or organ) or disfigurement of another.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"means test","definition":"Section 707(b)(2) of the Bankruptcy Code applies a \"means test\" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"memorandum","definition":"A writing designed to record an agreement or a set of facts.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"mental health treatment","definition":"Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"mental incapacity","definition":"Being mentally incapable of having the malice, premeditation or other mental state required to find a criminal defendant guilty of certain crimes.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"minor","definition":"An infant or person who is under the age of legal competence. One under 18.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"misdemeanant","definition":"A person guilty of a misdemeanor, one sentenced to punishment upon conviction of a misdemeanor.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"misdemeanor","definition":"An offense punishable by one year of imprisonment or less. See also felony.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"mistrial","definition":"An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"mitigating circumstances","definition":"Those circumstances under which a crime is committed which, while not completely exonerating the person charged, at least reduces the penalty for the offense or the damages arising from the offense.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"moot","definition":"Not subject to a court ruling because the controversy has not actually arisen, or has ended.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"moral turpitude","definition":"A crime of moral turpitude is one demonstrating baseness, vileness, or depravity in the private and social duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and man; conviction of a crime of moral turpitude may lead to disqualification from office, loss of licensed employment and deportation of immigrants.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"motion","definition":"A request by a litigant to a judge for a decision on an issue relating to the case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"motion for judgment","definition":"The pleading filed in cases seeking monetary damages. See COMPLAINT.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"motion in limine","definition":"A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"motion to lift the automatic stay","definition":"A request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"motion to quash","definition":"See QUASH. A party uses it when seeking a determination that service of process was not proper and, therefore, the court has no jurisdiction over an improperly served party. It may also be used to stop execution (enforcement) of a judgment where the writ (see WRIT) of fieri facias is defective, judgment has been satisfied, etc.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"motion to strike","definition":"An oral or written request to the judge to dismiss the case completely because the prosecution has not proven the charges or because of some other legal defect in the prosecution\u2019s case.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"murder","definition":"The unlawful killing of a human being with malice aforethought, either express or implied; a special form of murder is the \"felony murder\" where the defendant unintentionally kills or causes to be killed another person in the commission or attempted commission of a felony; Virginia has various \"degrees\" of murder, each of which has various punishments.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"mutatis mutandis","definition":"Having changed what needed to be changed. The term is used to draw the reader's attention to the differences between a statement and a similar but different earlier statement.","source":"Wiktionary","source_url":"http:\/\/en.wiktionary.org\/wiki\/mutatis_mutandis"},{"term":"negligence","definition":"Failure to exercise that degree of care which a person of ordinary prudence (a reasonable person) would exercise under the same circumstances; in other words, failure to do something that a reasonable person would do; or the doing of something which a reasonable person would not do; it is usually an accidental act or omission which results in injury to another.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"no-asset case","definition":"A Chapter 7 case in which there are no assets available to satisfy any portion of the creditors' unsecured claims.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"nolle prosequi","definition":"(Latin) \u201cI will no further prosecute.\u201d A formal entry on the record of a case by the prosecuting attorney that the charge is dismissed; however, the charge may be reinstated at a later time.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"nolo contendere","definition":"No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"nondischargeable debt","definition":"A debt that cannot be eliminated in bankruptcy. Examples include a home mortgage, debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor's conviction of a crime. Some debts, such as debts for money or property obtained by false pretenses and debts for fraud or defalcation while acting in a fiduciary capacity may be declared nondischargeable only if a creditor timely files and prevails in a nondischargeability action.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"nonexempt assets","definition":"Property of a debtor that can be liquidated to satisfy claims of creditors.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"nonsuit","definition":"An oral or written act by a plaintiff at any time prior to judgment which terminates the case without a decision on the merits. The plaintiff may take an initial non-suit as a matter of right; subsequent non-suits can be taken only with the judge's consent.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"notice of appeal","definition":"A document giving notice of an intention to appeal.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"oath","definition":"A written or oral pledge to keep a promise to speak the truth.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"object","definition":"In legal proceedings, to object (e.g., to the admission of evidence, to a question, etc.) is to interpose a declaration to the effect that the particular matter or thing under consideration is not done or admitted with the consent of the party objecting, but is considered by that party improper or illegal, and referring the question of its propriety or legality to the court; the judge may sustain the objection, denying the admission of evidence, or question, etc., or he may overrule the objection, permitting the evidence or question, etc.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"objection to dischargeability","definition":"A trustee's or creditor's objection to the debtor being released from personal liability for certain dischargeable debts. Common reasons include allegations that the debt to be discharged was incurred by false pretenses or that debt arose because of the debtor's fraud while acting as a fiduciary.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"objection to exemptions","definition":"A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"offense","definition":"A breach or violation of a criminal law, which is punishable by fine or imprisonment or both, or by death.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"opening statement","definition":"A lawyer's statement to the jury as to what he\/she expects will be shown at the trial.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"opinion","definition":"A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and\/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"oral argument","definition":"An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"order","definition":"A direction of the court in some matter incidental to the main proceeding which adjudicates a preliminary point or directs some step in the proceeding; a direction that the court gives to the parties of a dispute commanding them to do or not to do a given act.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"ordinance","definition":"A local law that applies to persons and things subject to the local jurisdiction (a city or county government) as distinguished from a statute, which is a law passed by the state or federal government; ordinances are enacted to regulate zoning, highway speed, parking, refuse disposal and other matters typically or traditionally of local concern.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"ore tenus","definition":"Oral. Used as a technical term to describe a hearing or pleading which is orally presented.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"original jurisdiction","definition":"Jurisdiction in the first instance; jurisdiction to take cognizance of a cause at its inception, try it, and pass upon the law and facts.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"overrule","definition":"To supersede; to annul; to make void; to reject by subsequent action or decision; a judicial decision is said to be overruled when a later decision, rendered by the same court or by a higher court in the same judicial system, expresses a judgment upon the same question of law contrary to that which was given before, thereby depriving the earlier opinion of all authority as a precedent; also refers to a decision by a judge not to sustain or uphold a party's objection to the introduction of a particular evidence or to a specific question.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"panel","definition":"1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"pardon","definition":"An exercise of the sovereign prerogative of mercy, relieving the person on whom it is bestowed from further punishment and from legal disability because of the crime named.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"parole","definition":"In criminal law, a conditional release from imprisonment which entitles the person receiving the parole to serve the remainder of his term outside of prison if he satisfactorily complies with all of the terms and conditions connected therewith.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"part-time release","definition":"Permission given to a convicted offender or a juvenile in custody to spend part of his time in the community to learn a skill or to study, although the rest must be spent in jail or in a correctional facility.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"partition","definition":"The dividing of lands held by joint tenants or tenants in common into distinct portions so that they may hold them severalty; which may be compulsory (judicial) or voluntary.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"party","definition":"In a judicial proceeding, a litigant (plaintiff or petitioner on one side, defendant or respondent on the other side), a person directly interested in the subject matter of a case.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"party in interest","definition":"A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"peace officer","definition":"In general, any person who has been given authority to make arrests. Generally, a \u201cpeace officer\u201d is a person designated by public authority to keep the peace and arrest persons guilty or suspected of crime and he is a conservator of the peace, which term is synonymous with the term \u201cpeace officer.\u201d This term includes sheriffs and their deputies, member of the police force of cities, and other officers whose duty is to preserve the public peace.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"penalty","definition":"The punishment that the law imposes for the commission of a crime.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"pendente lite","definition":"\u201cPending the suit\u201d during the actual progress of the suit, during litigation. Pendente lite orders or decree are entered while the suit is pending and are always prior to the final order or decree.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"per curiam","definition":"Latin, meaning \"for the court.\" In appellate courts, often refers to an unsigned opinion.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"peremptory challenge","definition":"The right to challenge a juror without assigning or being required to assign, a reason for the challenge. Each party to an action, both civil or criminal, has a specified number of such challenges.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"perjury","definition":"Criminal offense of making false statements under oath.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"petit jury","definition":"The ordinary jury for the trial of a civil or criminal action; so called to distinguish it from, the grand jury.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"petition","definition":"A formal written request to a court asking it to grant relief, or some privilege, or license to do an act that requires the permission of a court.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"petty offense","definition":"A federal misdemeanor punishable by six months or less in prison.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"plaintiff","definition":"A person or business that files a formal complaint with the court.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"plea","definition":"Statement made by the defendant either as to his guilt or innocence to the charge made against him. ","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"plea bargaining","definition":"The process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant's pleading guilty to a lesser offense or to only one or some of the counts of a multicount indictment in return for a lighter sentence than that possible for the graver charge.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"plea in equity","definition":"A pleading in which a party asserts that the entire case can be decided on one very specific set of facts which, if true, would decide the case in that party's favor.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"pleadings","definition":"Written statements filed with the court that describe a party's legal or factual assertions about the case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"poisoned fruit","definition":"A collateral product of an illegal search or seizure which is also subject to being suppressed as evidence at trial, e.g., statements made after an unlawful arrest; also called \"fruit of the poisoned tree.\"","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"possession","definition":"Refers to unlawful possession of narcotics or controlled dangerous drugs or marijuana.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"postpetition transfer","definition":"A transfer of the debtor's property made after the commencement of the case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"power of attorney","definition":"An instrument in writing whereby one person, as principal, appoints another as his agent and confers authority to perform certain specified acts or kinds of acts on behalf of principal. An instrument authorizing another to act as one's agent or attorney. The agent is attorney in fact and his power is revoked on the death of the principal by operation of law. Such power may be either general (full) or special (limited).","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"praecipe","definition":"A pleading used by a party with notice to other parties to have the case called at \u201cdocket call\u201d of the first day of a term of circuit court to get a trial date set by the judge.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"pre-trial","definition":"That part of the litigation process which precedes the actual trial and usually includes pre-trial motions and arguments which ultimately narrows the scope and issues actually litigated.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"prebankruptcy planning","definition":"The arrangement (or rearrangement) of a debtor's property to allow the debtor to take maximum advantage of exemptions. (Prebankruptcy planning typically includes converting nonexempt assets into exempt assets.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"precedent","definition":"A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally \"follow precedent\" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"preferential debt payment","definition":"A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy (or within one year if the creditor was an insider) that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"preliminary hearing","definition":"The hearing given to an accused which is held by a judge, to ascertain whether there is evidence to warrant the binding over of the accused on the felony charge to the circuit court for further proceedings. ","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"preponderance of the evidence","definition":"General standard of proof in civil cases; that evidence which is more believable or convincing to the trier of fact (judge or jury) than the evidence presented in opposition.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"presentence report","definition":"A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"presentment","definition":"The written notice taken by a grand jury of any offense, from their own knowledge or observation, without any bill of indictment laid before them at the suit of the government. A presentment is an accusation, initiated by the grand jury itself. A written accusation of crime made and returned by the grand jury upon its own initiative in the exercise of its lawful inquisitorial powers, is in the form of a bill of indictment.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"presumption","definition":"The legal fiction where one is presumed without any proof whatsoever to have a certain state of mind or capability.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"pretrial conference","definition":"A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"pretrial services","definition":"A function of the federal courts that takes place at the very start of the criminal justice process \u2013 after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"prima facie proof","definition":"Refers to the quantity of evidence sufficient in law to raise a presumption of fact or to establish a particular fact unless rebutted by other evidence; similar in meaning to prima facie case.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"priority claim","definition":"An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"privilege","definition":"A party's right in certain circumstances to prevent another from disclosing certain information that party relayed to her by virtue of the special relationship that exists between the two persons, e.g., husband\/wife or attorney\/client privilege.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"pro per","definition":"A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase \"in propria persona.\"","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"pro se","definition":"Representing oneself. Serving as one's own lawyer.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"pro tem","definition":"Temporary.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"probable cause","definition":"A reasonable ground for belief in the existence of facts warranting the proceedings complained of (e.g., probable cause to believe that a crime has been committed and that the person accused may have committed it).","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"probation","definition":"In modern criminal administration, allowing a person convicted of some offense to remain free under a suspension of a jail sentence during good behavior and generally under the supervision or guardianship of probation officer together with other restrictions as the court may impose.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"probation officer","definition":"Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"probation violation","definition":"A willful failure to observe and\/or to comply with any of the terms or conditions of probation; if the defendant is found to be in violation of his probation, the probation may be revoked, modified or terminated.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"process book","definition":"In circuit court, it is a book used to record the issuance of process to a sheriff and recording return of process made by the sheriff.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"proof of claim","definition":"A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. (There is an official form for this purpose.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"proof of service","definition":"Documentation by the person who served the process of how, when, where and on whom process was served.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"property of the estate","definition":"All legal or equitable interests of the debtor in property as of the commencement of the case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"prosecute","definition":"To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"prosecution","definition":"The act of pursuing a lawsuit or criminal trial; also, the party initiating a criminal suit, i.e., the state.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"public defender","definition":"An attorney appointed to represent an indigent criminal defendant.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"quash","definition":"To vacate, annul, make void, abate or overthrow.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"rape","definition":"An act of sexual intercourse with a person, accomplished by force or fear of bodily harm or, in any case, without the person's consent; an act of sexual intercourse with a female under a certain age.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"rape shield law","definition":"Rule limiting or preventing mention of victim's past sexual conduct.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"reaffirmation agreement","definition":"An agreement by a debtor to continue paying a dischargeable debt after the bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to repossession.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"reasonable doubt","definition":"This is a term often used, but not easily defined; it does not mean a mere possible doubt, because everything relating to human affairs and depending on moral evidence is open to some possible or imaginary doubt; it is that state of the case which, after a full comparison and consideration of all the evidence, leaves the minds of the jurors (or the mind of the judge, in court trials) in that condition that they cannot say they feel an abiding conviction to a moral certainty of the truth of the charge.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"rebuttal","definition":"The introduction of rebuttal evidence. Rebuttal evidence is any evidence that rebuts, counteracts, or disapproves evidence given by a witness or other kind of evidence introduced by the opposing party; rebuttal evidence is offered to contradict other evidence or to rebut a presumption of fact.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"reckless driving","definition":"Operation of automobile manifesting reckless disregard of possible consequences and indifference to others' rights.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"recklessness","definition":"Rashness; heedlessness; wanton conduct; it is the state of mind accompanying an act which either pays no regard to its probable or possible injurious consequences or which, though foreseeing such consequences, persists in spite of such knowledge.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"recognizance","definition":"A condition under which an individual is released (release on one\u2019s own) without bail, upon his promise to appear and answer to a criminal charge; in general it involves only his promise to appear, but sometimes special conditions may be imposed (e.g., remaining in the custody of another, abiding by travel restrictions, etc.).","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"recusal","definition":"The process by which a judge is disqualified on objection of either party (disqualifies himself or herself) from hearing a lawsuit because of self-interest, bias, or prejudice.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"recuse","definition":"The process by which a judge is disqualified on objection of either party (disqualifies himself or herself) from hearing a lawsuit because of self-interest, bias, or prejudice.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"redemption","definition":"A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then retain the property.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"redirect examination","definition":"This follows cross-examination and is exercised by that party who first examined the witness.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"referendum","definition":"The process of referring to the electorate for approval of a proposed new law or amendment to an existing law.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"remand","definition":"Sending a case back to the same court out of which it came for purpose of having some action on it there.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"request for production of documents","definition":"A discovery request from one party to the other party for such other party to deliver the documents to a particular location for inspection or copying.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"restitution","definition":"The act of making good or giving equivalent for any loss, damage, or injury.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"restoration of maiden name","definition":"In a divorce action, it is an optional part of the case in which the wife asks and the judge, if he agrees, changes in the divorce decree the wife's married name to her former maiden name. The same result can be obtained in a separate case for change of name.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"reverse","definition":"The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"revocation","definition":"The recall of some power, authority, or thing granted or a destroying or making void of some deed that had existed until the act of revocation made it void.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"robbery","definition":"The felonious taking of personal property in the possession of another, from his person or immediate presence and against his will, accomplished by means of force or fear.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"rule of show cause","definition":"A court ruling directing the recipient to appear and present to the court such reasons and considerations as one has to offer why the recipient should not be punished for violating a court order or legal process or for contempt of court.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"sanction","definition":"A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"schedules","definition":"Lists submitted by the debtor along with the petition (or shortly thereafter) showing the debtor's assets, liabilities, and other financial information. (There are official forms a debtor must use.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"sealed","definition":"A file that is physically closed from review. Also a document containing a seal or the word \u201cseal\u201d next to the signer\u2019s signature.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"search and seizure","definition":"In criminal law, an examination of a person's house or other buildings or premises, or of his person, with a view to the discovery and removal of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which he is charged.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"search warrant","definition":"An order in writing, issued by a justice or other magistrate, in the name of the state, directed to a law enforcement officer, commanding him to search a specified house, shop or other premises, for physical evidence of an allegedly committed crime, and to bring the same, when found, before the magistrate and usually also, the body of the person occupying the premises, to be dealt with according to law.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"secured creditor","definition":"A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor's collateral.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"secured debt","definition":"Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"senior judge","definition":"A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court's active judges. A senior judge retains the judicial office and may cut back his or her workload by as much as 75 percent, but many opt to keep a larger caseload.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"sentence","definition":"The punishment ordered by a court for a defendant convicted of a crime.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"sentencing guidelines","definition":"A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"sequester","definition":"To separate. Sometimes juries are sequestered from outside influences during their deliberations.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"service of process","definition":"The delivery of writs or summonses to the appropriate party.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"set-off debt collection act","definition":"Allows a governmental agency as judgment creditor to set-off a judgment against a debtor's tax refund to satisfy the outstanding judgment or other debt.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"settlement","definition":"Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"shoplifting","definition":"A criminal offense of taking without force and carrying away of merchandise on sale to the public without paying the purchase price.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"smuggling","definition":"A criminal offense of bringing goods into a country without paying customs duties on them or bringing in goods which are prohibited by law.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"smuggling aliens","definition":"The criminal offense of concealing and transporting aliens into this country who have not been lawfully admitted or allowed to be in the United States.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"speedy trial","definition":"A trial had as soon as prosecution, with reasonable diligence, can prepare for it; a trail according to fixed rules, free from capricious and oppressive delays, but the time within which it must be had to satisfy the constitutional guaranty depends on the circumstances and the time within which it must be had to satisfy the statutory limits are contained in the applicable statutes. ","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"split sentencing","definition":"One where penalty of fine and imprisonment, as provided by statue, is imposed and imprisonment part is suspended and fine part enforced. It is also exemplified in a sentence by which the defendant serves some time and the balance of the sentence is suspended.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"standard of proof","definition":"Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt \"beyond a reasonable doubt.\" The majority of civil lawsuits require proof \"by a preponderance of the evidence\" (50 percent plus), but in some the standard is higher and requires \"clear and convincing\" proof.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"stare decisis","definition":"Rule pursuant in which once a principle of law is laid down as to a particular set of acts, the courts will apply that same principle to future cases where the facts are more or less the same.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"statement of financial affairs","definition":"A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. (There is an official form a debtor must use.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"statement of intention","definition":"A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"statute","definition":"A law passed by a legislature.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"statute of limitations","definition":"A law that sets a time limit within which some actions must be brought or within which a person may be prosecuted for a specific offense.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"stay","definition":"A stopping; the act of stopping a judicial proceeding by order of the court, usually for a limited period of time.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"steal","definition":"Term commonly used in indictments for larceny (theft); take, steal, and carry away; it denotes the felonious taking and carrying away of the personal property of another, without right and without leave or consent of the owner.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"stipulation","definition":"The name given to any agreement made by the attorneys engaged on opposite sides of a cause, especially in writing, regulating any matter incidental to the proceedings or trial which falls within their jurisdiction.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"stipulation agreement","definition":"A document in which the parties agree to the correctness of certain statements of fact.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"striking a jury","definition":"A process of selecting a trial jury where attorneys \u201cstrike\u201d or excuse jurors until the number required remains.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"sua sponte","definition":"Latin, meaning \"of its own will.\" Often refers to a court taking an action in a case without being asked to do so by either side.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"subordination","definition":"The act or process by which a person's rights or claims are ranked below those of others.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"subpoena","definition":"A command, issued under a court's authority, to a witness to appear and give testimony.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"subpoena duces tecum","definition":"A command to a witness to appear and produce documents.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"substance abuse treatment","definition":"A special condition the court imposes that requires an individual to undergo testing and treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include inpatient or outpatient counseling and detoxification.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"substantive consolidation","definition":"Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. (Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"summary judgment","definition":"A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when \u2013 on the undisputed facts in the record \u2013 one party is entitled to judgment as a matter of law.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"summons","definition":"A document notifying defendant that an action has been instituted against him and that he is required to answer to it at a time and place named. ","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"supervised release","definition":"Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise people on supervised release.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"suppress","definition":"To prevent the disclosure of discovery of information.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"surety","definition":"One who undertakes to pay money or to do any other act in the event that his principal fails to perform as promised. In criminal cases, the accused is the principal.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"suspended sentence","definition":"The court decision postponing the imposition of sentence upon a convicted person or postponing the execution of a sentence that has been imposed, by the court. When the court suspends a sentence, it retain jurisdiction over the person, and may later set or execute a penalty. When a sentence is suspended the person is usually placed on probation. A violation of the conditions of probation may lead to revocation of probation and return to court for re-sentencing.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"sustain","definition":"The courts\u2019 acceptance of any motion or objection.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"temporary restraining order","definition":"Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"term day","definition":"The first day of the period of time prescribed by law during which a court holds session. The docket is set on this day for the session of not set at some other time(s).","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"testimony","definition":"Evidence presented orally by witnesses during trials or before grand juries.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"tort","definition":"A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"traffic citation","definition":"A written order issued by a police officer as a substitute for the arrest of the person who allegedly violated a traffic law or ordinance.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"transcript","definition":"A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"trial","definition":"In criminal procedure and in its strict definition, trial means the proceedings in open court after the pleadings are finished and the parties are ready, in order to determine whether or not the defendant is or is not guilty of the charges brought against him, down to and including the rendition of the verdict.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"trial de novo","definition":"A new trial conducted in an appellate court in which the whole case is retired as if no trial whatever had been had in the court below.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"trial jury","definition":"A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"true bill","definition":"The endorsement made by a grand jury upon a bill of indictment, when they find it sustained by the evidence laid before them, and are satisfied of the truth of the accusation. The endorsement made by a grand jury when they find sufficient evidence to warrant a criminal charge. An indictment. ","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"undersecured claim","definition":"A debt secured by property that is worth less than the amount of the debt.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"unlawful detainer","definition":"A legal action between a landlord or tenant to determine who has the right to occupy the premises.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"unlawful detainer action","definition":"A lawsuit brought by a landlord against a tenant to evict the tenant from rental property \u2013 usually for nonpayment of rent.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"unliquidated claim","definition":"A claim for which a specific value has not been determined.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"unscheduled debt","definition":"A debt that should have been listed by the debtor in the schedules filed with the court but was not. (Depending on the circumstances, an unscheduled debt may or may not be discharged.)","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"unsecured claim","definition":"A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"uphold","definition":"The appellate court agrees with the lower court decision and allows it to stand. See affirmed.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"venire","definition":"The group of sworn jurors from which the trial jury will be selected.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"venireman","definition":"A member of a panel of jurors; a juror summoned by a writ of venire facias.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"venue","definition":"The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"verdict","definition":"The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"voir dire","definition":"Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"voluntary transfer","definition":"A transfer of a debtor's property with the debtor's consent.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"wage garnishment","definition":"A nonbankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"waive","definition":"In modern law, to abandon, to throw away, renounce, repudiate or surrender a claim, a privilege, a right, or the opportunity to take advantage of some defect, irregularity or wrong.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"waiver","definition":"An intentional and voluntary giving up, relinquishment, renunciation or surrender of a known right; before a court may accept a defendant's plea of guilty to a charge, the record must indicate in some manner that the defendant understands the nature and consequences of the plea and that he freely, voluntarily and intelligently waives his rights.","source":"VA Journey Through Justice Glossary","source_url":"http:\/\/www.jtj.courts.state.va.us\/resources_glossary.html"},{"term":"warrant of arrest","definition":"A written order issued and signed by a judicial officer directed to a law enforcement officer or some other person specially named and commanding him to arrest the body of a person named in it who is accused of an offense.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"witness","definition":"A person called upon by either side in a lawsuit to give testimony before the court or jury.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"writ","definition":"A written court order directing a person to take, or refrain from taking, a certain act.","source":"US Courts Glossary","source_url":"http:\/\/www.uscourts.gov\/Common\/Glossary.aspx"},{"term":"writ of certiorari","definition":"An order by the appellate court which is used by that court when it has discretion on whether or not to hear an appeal from a lower court. If the writ is denied the court refuses to hear the appeal and, in effect, the judgment bellow stands unchanged. If the writ is granted, then it has the effect of ordering the lower court to certify the record and send it up to the higher court which has used its discretion to hear the appeal.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"writ of fieri facias","definition":"\u201cYou cause to be made\u201d\u2014it is a writ of execution commanding the sheriff to levy on (encumber, restrict the ownership) judgment debtor's property and \u201cmake\u201d (by sale or otherwise as allowed by law) the amount of the judgment plus costs of executing this process (including costs of conducting the sale).","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"writ of habeas corpus and testificandum ","definition":"The writ, meaning \u201cyou have the body to testify\u201d, used to bring up a prisoner detained in a jail or prison to give evidence before the court.","source":"VA Circuit Court Criminal Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_criminal\/glossary.pdf"},{"term":"writ of mandamus","definition":"A writ commanding a public official to perform a particular act which is within their public, official or ministerial duty, or directing the restoration of the moving party's rights or privilege of which he was illegally deprived.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"writ of prohibition","definition":"A writ from a superior court to an inferior court to cease trying a case because the inferior court does not have the authority to try the case.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"writ of venire facias","definition":"A judicial writ, directed to the sheriff of the county or city, in which a cause is to be tired, commanding him that he \u201ccause to come\u201d before the court (subpoena) on a certain day therein mentioned, the member of potential jurors (veniremen) mentioned in the writ of venire facias.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"},{"term":"written statement of facts","definition":"For purposes of appeal to the Court of Appeals, it is an alternative to a transcript of the proceeding as a record of the facts, testimony and other incidents of trial so that the Court of Appeals can be informed of those matters at trial which are now important in the appeal of the case.","source":"VA Circuit Court Civil Glossary","source_url":"http:\/\/www.courts.state.va.us\/courts\/circuit\/resources\/manuals\/cc_manual_civil\/glossary.pdf"}]