A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally « follow precedents, » that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. Action based on private harm, as opposed to a crime, or to enforce rights through remedies, private or non-criminal. All legal proceedings that are not criminal acts are civil actions. Emancipation: A legal way for children to grow up before the age of 18. Once a child is emancipated, his or her parents no longer have custody or control over him. Learn more about emancipation. Subpoena Duces Tecum – A court order that orders a witness to bring certain documents or records to court. Lawyer: One or more lawyers representing a client. Also legal advice. (See lawyer, lawyer.) Nolo Contendere – No competition. A plea in which the accused does not admit guilt, but which has the same legal effect as an admission of guilt in a criminal case.
However, the plea of non-challenge cannot be used in a civil action related to the criminal charge to prove the civil liability of the defendant. For example, a nolo contendere plea for a traffic estimate resulting from an accident cannot be used to convince a judge in a civil case that the defendant is guilty of causing an accident. A court order is the practice of issuing a legal order. Conceptually different from divorce in that a divorce terminates a legal status, while a declaration of nullity states that a marital status never existed. Injunction – A court order requiring or prohibiting an action until a decision can be made on whether to issue a permanent injunction. This is different from an injunction. Waiver of Time Limit: If you waive the right to allow a particular step in the legal process to take place within the normally specified time period. Evidence: A document or thing that has been presented and identified in court as evidence in a case. Normally, the court assigns a letter or number coded alphabetically or numerically before presenting evidence.
Kangaroo court – a term that describes a mock procedure in which a person`s rights are completely ignored and in which the outcome is won in advance due to the bias of the court or another tribunal. Registration of a Judgment or Order – The submission of a written, dated and signed judgment or order. Limited Representation: An agreement with a lawyer to obtain assistance in certain parts of a case for a fixed fee or a limited fee. Also known as « unbundled legal services » or « unbundling ». Process: Procedure in the context of a legal dispute. The term « litigation » can also refer to a legal document in which a defendant must respond to a complaint or accept a default judgment. Judgment: (1) The formal decision of a court settling the dispute between the parties to a dispute; (2) the official decision or determination of a judge or hearing officer of an administrative authority on the respective rights and claims of the parties to a dispute; also known as an « order » or « order » and may include « findings of fact and legal conclusions »; (3) the final decision of the judge indicating which party won the case and the conditions of the decision. Can be « n.o.a. », which means a decision in favour of one party even if there has been a judgment for the other party, or « summary », which means the decision of a court before a trial that states that no facts are disputed in the case and that one party is entitled to a judgment. (See disposition, judgment.) Jurisdiction: (1) The legal authority of a court to hear and decide a case; 2. the geographical area in which the Court has jurisdiction to hear and determine cases; (3) the territory, object or persons over whom a court may exercise lawful authority.
Subpoena – A document signed by a Deputy Registrar that orders a person to appear in court to respond to a complaint. Retrial – A rehearing of a civil or criminal proceeding or an application by the same court where the matter was originally decided to alert the court to an error, omission or oversight in the initial review. Lawyer: A person qualified to represent clients in court and provide legal advice. (See Lawyer and Attorney.) Consent of the respondent to cease activities deemed illegal by the government. Also a decree in a case of equity, registered by agreement of both parties. A document that commences insolvency proceedings and contains basic information about the debtor, including the name, address, chapter under which the case is filed and estimated assets and liabilities. If a party invokes this act in civil proceedings, it will result in a stay of proceedings pending a new court order. Bail Notice: A legal document from the court stating that the court will issue a warrant for arrest unless the defendant shows up in court or pays bail. A file containing pleadings, judgment, motions, judgment and other documents of a dispute.
Legal acts must be compiled by the plaintiff and submitted for appeal to the Court of Appeal. Special Immigrant Juvenile Status (SIJS): This is an immigration category that may apply to certain children who enter or remain in the United States undocumented and who have been abused, neglected, or abandoned by a parent. This allows you to apply for lawful permanent residence in the United States at Citizenship and Immigration Services or Immigration Court. Click here to find out how a California court can help you get the orders you need to file for SIJS. Jury: A group of citizens chosen by law and authorized to decide a case. It may be: (1) a large group, that is, a group of citizens who determine whether there is a probable reason for a crime to have been committed and whether charges should be laid; (2) hanged, that is, a jury that cannot agree on a verdict after a reasonable period of deliberation; (3) the small (or « trial »), that is, an ordinary jury to hear a criminal or civil action; or (4) specifically, i.e. a jury appointed by the court at the request of both parties in exceptionally large or complicated cases.