CUSTODY: the
parent or person with whom the child lives most of the time has
"custody" of the child. Custody has two parts: legal and physical.
Legal custody refers to the decision-making authority. If a parent is awarded
sole legal custody, it means that they alone can make major decisions for the
child including, for example, medical/dental and educational decisions.
Physical custody refers to where the child lives on a regular basis.
DECLARATION: a written statement made to the court under oath.
DEFAULT: a party's failure to answer a complaint, motion, or petition.
DEFENDANT: the person the case is brought against.
DISCOVERY: a way for getting information from the other
side or other people. Discovery methods include interrogatories (written questions which one side gives the other
side to complete) and depositions (question
and answer sessions conducted in person and recorded).
DISSOLUTION: the legal end of a marriage. Another word for divorce.
DOCKET: the calendar or schedule of cases before a
judge. Each has a number assigned to it.
ENTER (AN ORDER): a judge or chancellor enters an order when he
or she signs the order and the order is filed with the Court Clerk.
ESCROW: an item being held by a third person (a
neutral person) who holds it until the fulfillment of some condition.
EVIDENCE: testimony of witnesses and documents which are
presented to the court and considered by the court in making a decision.
EXECUTION: a court order to the sheriff to seize goods
the defendant owns.
EX PARTE: going before the court without notifying the
other party. Some courts have special departments where motions without notice
to the other party are heard, which are called ex parte departments.
EXPERT WITNESS: a person who is qualified by special knowledge
or experience to give an opinion on the matter in dispute.
FAIR MARKET VALUE: the amount for which an item can be sold on
the open market by a willing seller to a willing buyer.
FILING: giving the Clerk of Court your legal papers.
GARNISHMENT OF WAGES: a procedure whereby a portion of the
defendant's wages are deducted regularly and paid to the plaintiff to satisfy a
judgment.
GROUNDS FOR DIVORCE: the legal basis for a divorce. The law sets
out specific circumstances under which a divorce will be granted. Before the
court will grant a divorce, the person seeking the divorce must prove that
those conditions exist.
INJUNCTION: a court order directing the defendant to do or
not to do a particular thing. Failure to obey an injunction constitutes
contempt of court, which is punishable by fine or imprisonment.
JUDGMENT: a court's decision.
JUDICIAL NOTICE: act by which a court will recognize the
existence of a certain fact without the production of substantiating evidence.
JURISDICTION: the authority of the court to hear a case.
LAW: any public order or decision that is binding
upon those to whom it is addressed. The law exists in many forms, including,
constitutional law, statutory law, decisions, regulations, executive orders,
local laws, and ordinances.
LIEN: a charge or claim on property belonging to
another, for the satisfaction of a debt or duty.
MARITAL PROPERTY: includes ALL property acquired during the
marriage, even if not titled in both names, with some exceptions.
MASTER: hears cases like a judge. A master's decision
is reviewed by a judge before becoming final.
MOTION: a request to the court.
OPINION: the official written statement of a case, the
court’s decision and its reasons for reaching the decision it did.
ORDER: a judge’s decision, usually in writing. In
some cases, each party will give the judge a proposed (or sample) order, and
the judge will make changes to and sign the order that the judge decides is the
right one.
PARTIES: the
plaintiff and the defendant.
PENDENTE LITE: temporary arrangements for custody, child support,
child visitation, alimony, use and possession of the family home, etc., until a
final hearing.
PERSONAL PROPERTY: movable property or possessions, as
distinguished from real property.
PETITION: a legal paper that starts a case. Also called
a complaint.
PETITIONER: the person who first files a legal case. The
petitioner in the caption of a form does not change even when motions are filed
later by the other party. Also called a plaintiff.
PLAINTIFF: the person who started the case. Also called a
petitioner.
