LEGAL DICTIONARY

A legal document that the clerk of the court issues, which states the amount of the court’s judgment. When recorded at a county recorder’s office, it places a lien on any real property owned by the debtor located in that county.

A form that the law requires every judgment creditor complete and sign when the judgment has been fully paid.

A written statement sworn to be true. The individual providing the affidavit must sign the document and swear under oath before a notary public or make a declaration under penalty of perjury.

Court costs of a kind that the court will allow the winning person to add to his or her claim and include as part of the judgment against the losing person.

The ABA is the predominant professional association for attorneys practicing in the United States. The ABA actively influences legal policy, lobbies for the legal profession, and evaluates legal professionals.

A new trial (called a trial de novo).

A request for a court order instructing the debtor to appear in court at a specified date and time to answer questions about the judgment debtor’s property and income and the order from the court that is requested.

A request to extend the life of a judgment, for ten years. This cannot be filed until five years after entry of the judgment. It usually must be filed before the expiration of 10 years after entry of judgment.

Arbitration is a method for disposing of legal disputes without a formal court trial. All parties to the dispute consent to having their case heard before a panel of independent experts. The parties must also agree to be subject to the panel’s rulings.

A claim alleging injury, typically arising from a cancer called mesothelioma, stemming from exposure to asbestos. Asbestos lawsuits include personal injury suits brought directly by the party exposed to asbestos and wrongful death suits brought by the families of those who have died from exposure.

Any individual authorized by a state or federal court to practice law.

A request form to the levying officer to issue an earning withholdings order to the judgment debtor’s employer.

A request to be relieved of the obligation to pay court fees and costs.

A request to also be relieved of the fees and costs of enforcing a judgment.

Any real or personal property, including money, homes, automobiles, bank accounts, investments, wages, salary, and amounts owed to the debtor by a third person.

To transfer a claim or other right. For instance, you can assign your judgment to a collection agency to enforce it in exchange for a percentage of whatever they recover.

A levy of execution (enforcement of judgment) against the judgment debtor’s checking or savings account at a bank, savings association, thrift and loan, or credit union. This is one of the most efficient and effective ways to enforce a judgment.

A state examination that is pre-requisite to practicing law in the state.

An individual entitled to receive property or benefits in a will or trust.

A statement of the details of the charge made against the defendant.

The failure to perform a duty when performance is due.

A party’s written argument, or memorandum of law, in a case that typically contains a summary of the facts, pertinent laws, and an argument of how the law favors the party under the particular circumstances.

A claim arising from a single incident or transaction.

An accident, especially one involving serious injury or loss of life.

A DMV form completed by the clerk of the court at the judgment creditor’s request. It requests the DMV to suspend the judgment debtor’s driving privileges where the claim arose out of an automobile accident.

A document issued by the clerk court which proves that a judgment has been paid.

Law involving non-criminal cases. Personal injury claims, family law disputes, and contract disputes are civil law matters.

see subpoena.

see subpoena duces tecum.

A document filed by the debtor within 10 days after receiving a writ of execution from the levying officer, listing the property owned by the debtor that he or she believes is exempt from being taken to pay the judgment.

The form that the plaintiff must complete and file to begin a lawsuit in a small claims court.

One of multiple parties defending against a claim in a lawsuit.

A body of law developed in the doctrine of the judicial branch of government. The common law system is rooted in the medieval English court system and is still very much a part of modern American jurisprudence.

A method of assigning negligence among multiple parties. Comparative negligence considers all parties whose negligence contributed to a tort. The negligence is then allocated among the parties at fault and damages are assigned proportionately.

The legal document, also called a claim, which is filed with a court that formally initiates a lawsuit.

An agreement between a lawyer and a client whereby the lawyer is paid a percentage of the damages awarded if the client is awarded damages in the lawsuit.

A method for assigning negligence that considers behavior by the plaintiff that contributes to the resulting harm. At common law, any degree of contributory negligence bars the plaintiff from collecting damages

A county officer responsible for receiving and recording deeds and other legal documents affecting real property, such as abstracts of judgment.

A list of the cases scheduled to be heard in a courtroom on a specific day, usually posted outside each courtroom.

Out-of-pocket expenses that are incurred by a person to present a case or enforce a judgment, which the winning person can recover from the losing person. The costs of enforcing a judgment that are recoverable from the debtor include most clerk’s fees, recorder’s fees, levying officer’s fees, and fees for serving court papers. See allowable costs.

A trial heard before a judge, as opposed to a jury trial that is heard before a judge and a jury.

The body of law involving cases where the defendant faces criminal sanctions such as incarceration.

Monetary awards ordered to be paid as compensation for injury or loss.

A written statement “under penalty of perjury,” often includes a request for a court order or other judicial act. Most motion is made by filing a declaration. The declaration must include the request, a statement of facts which justify the request, the declarant’s signature, the date and place of signing, and a statement that the document is being signed “under penalty of perjury of the laws of the State of California.”

see proof of service.

When one person fails to attend the court hearing, the judge may hear and decide the case without hearing the absent person’s side.

A ruling issued in the plaintiff’s favor when the defendant fails to respond to a complaint in a timely manner.

The person being sued.

The person alleged to have caused the injury.

The defendant’s facts or legal argument showing why the plaintiff is not entitled to the amount that the plaintiff has requested in his or her claim.

To ask for money or property from the person or business that you believe owes the money or property to you.

A discovery procedure in which the lawyers representing the parties in a lawsuit question the opposing parties and witnesses.

Formal procedures that allow the parties in a lawsuit to obtain information and evidence from one another and from witnesses. Deposing witnesses, drafting interrogatories, making requests for production of documents, and demanding independent medical examinations are common discovery procedures.

A document filed with the court notifying the court that the plaintiff has decided to drop his or her claim, or that both parties have agreed to drop the lawsuit. This document, called a request for dismissal, must be filed if a settlement is reached after the claim has been filed but before the hearing has occurred. See dismissal without prejudice.

A dismissal of the present action but leaving it open to the plaintiff to file another claim based on the same occurrence. If the dispute has been fully and finally settled, a dismissal without prejudice should not be filed. Instead, the “with prejudice” box on the dismissal form should be checked, meaning that no action can ever be filed again on that claim.

Referred to as driving while intoxicated (DWI), driving under the influence (DUI), operating under the influence (OUI). DWI, DUI, and OUI laws are aimed to prevent motorists from operating vehicles while they are under the influence of alcohol and/or drugs. A motorist is considered unlawfully “intoxicated” when they exhibit a blood alcohol concentration above a limit set in statute.

A form that the levying officer issues and serves on the judgment debtor’s employer, directing the employer to withhold a portion of the judgment debtor’s earnings to satisfy the judgment.

Mental or psychological pain that may give rise to damages in a personal injury lawsuit.

The formal entry of the court’s decision in the records of the court, which is necessary before the winning person can enforce the judgment.

Testimony, documents, and physical proof presented at a trial aimed to convince or persuade the court of facts asserted in the case.

The most common procedure for the enforcement of a money judgment. See levy of execution.

Property which, by law, cannot be taken from a debtor to satisfy a judgment. For instance, a judgment debtor’s clothes, ordinary home furnishings, and most of his or her earnings are exempt.

A specialist in a subject area who is called to present their opinion to the court. The judge maintains the authority to determine that a prospective witness cannot be considered an expert.

A person or institution who manages another’s money or property who is required to exercise a standard care imposed by law. Personal representatives, attorneys, executors, and trustees commonly act as fiduciaries.

To submit documents to the official custody of the court administrator to be entered into the appropriate case file or record.

A fee paid to the court in order to file certain forms with the court.

A form that the debtor must complete and file along with a claim of exception, itemizing the judgment debtor’s income and expenses.

A court’s formal conclusion on issues of fact in a case.

The federal agency that establishes safety and quality standards for food, drugs, cosmetics, and household substances.

A corporation’s leading attorney.

A very good and justifiable reason - for example, for not attending the court hearing.

A sincere and honest act or belief - for example, that you have a valid legal argument, or have made an honest effort to comply with an order.

A complaint filed by an employee regarding working conditions. A grievance may also refer to an alleged injury or injustice giving rise to a complaint.

Is fault characterized by extreme carelessness showing willful or reckless disregard for the consequences to the safety or property of another. Gross negligence may give rise to punitive damages above and beyond general damage awards.

Systematic, annoying and continued actions which include threats and demands. Harassment in the workplace may subject the employer to a lawsuit for failure to protect the employee being harassed.

A mistake occurring at trial that is considered not sufficiently harmful or prejudicial to merit the reversal of the outcome of a trial.

A formal proceeding to hear specific issues of law or of fact before a court, legislature, or agency.

Second-hand information that usually constitutes inadmissible evidence; hearsay evidence includes statements by a witness recalling events related to the witness by someone else.

A witness, also called an adverse witness, whose relationship to the opposing party is such that his or her testimony may be prejudicial to the opposing party

Selecting a jury from the list of potential jurors.

The presentation of evidence intended to attack a witness’s credibility.

A contract, also called an implicit contract, not expressed in writing but inferred by law. A product manufacturer has an implied contract with the product’s consumers that the product will serve its intended purpose.

A judge can authorize the losing person to pay the judgment by weekly, monthly, or other scheduled payments, called installments.

The judge’s explanation of the applicable law, also referred to as jury instructions or jury charge, as expressed to the jury prior to deliberations.

A wrong perpetrated deliberately.

A judgment accumulates interest at the rate of 10% per year on the unpaid balance. The interest is added to the original judgment debt upon the filing of a claim for interest.

A legal doctrine by which each party responsible for an injury is liable for the total damage award where the other responsible parties cannot pay.

The judge’s decision or ruling, which states who wins and who loses the action and how much money must be paid to whom.

The person (plaintiff or defendant) in whose favor a judgment has been rendered-the one who has a legal right to receive what the court has ordered.

The total amount owing under the judgment. This consists of the original judgment, including costs and interest before judgment, plus any costs and interest which have accrued after entry of judgment, less any partial payments.

The person (plaintiff or defendant) against whom, a judgment has been entered and who has a legal duty to pay the judgment.

A form that the debtor must complete and send to the judgment creditor, describing the judgment debtor’s assets and their location.

An interest in the debtor’s home or other real property that you acquire when you record an Abstract of judgment in the county where the property is located.

A debtor who legally owes the judgment creditor money, but who has no income or assets that the judgment creditor can legally take to pay the judgment, or whose income and assets are either hidden or exempt from execution.

The court’s authority to hear a case; the geographic area in which a court maintains authority to hear cases.

The study of law.

A group of citizens selected according to law and assigned to try a question of fact or indict a person for an offense.

A trial heard before a judge and a jury, as opposed to a court trial that is heard before a judge alone.

A judge who handles minor legal issues such as traffic offenses. A justice of the peace may be an attorney, though some states allow citizens to act as justice of the peace upon passing a test.

A court with no legal basis, also slang for a court of law in which violations of legal processes are so bad that justice is denied.

A method of levy of execution (enforcement of your judgment) against a business, in which the levying officer actually takes over the operation of the business for a limited duration, and pays the judgment creditor any cash or credit card receipts received during that period.

Is the unlawful removal of a human being, by force, and against his or her will.

With knowledge, willfully, or intentionally with respect to a material element of an offense.

Commonly a lawyer or law school student employed by a court or law firm to do legal research.

A dispute between two people or entities that is decided in a court of law.

The act of serving a writ of execution on an employer, bank, or business; this is the means by which a levying officer or other court official enforces a judgment.

A marshal, sheriff or constable who serves a writ of execution on an employer, bank, or business, or who serves an order of examination on the judgment debtor.

Legally responsible.

Published material regarding a person that harms the person or their reputation. Libel is a tort.

An encumbrance or legal burden on property.

Restricted as to the types of criminal and civil cases that may be heard. Family courts are court of limited jurisdiction. They do not maintain the authority to hear a variety of matters unrelated to family law.

A party in a lawsuit.

A legal action, lawsuit, and all related proceedings.

Testimony, documents, and physical proof relevant to the issues in a case.

A form of dispute resolution that does not require a formal court trial. A process in which a neutral third person meets with the parties to a dispute in order to help them discuss the problem and work out their own agreeable solution (for example, how much the debtor should pay each month). In mediation, the parties bring their dispute to a neutral third party to reach a settlement.

A form of negligence where an injury results from a medical professional’s or medical facility’s failure to exercise adequate care, skill or diligence in performing a duty.

A form that lists post-judgment costs, and requests the court to add them to the judgment debt. Some forms also provide space for a statement of post-judgment interest, as well as any amounts that the debtor has already paid to the judgment credit grantor.

Emotional suffering that may be considered in awarding damages.

A type of cancer caused by exposure to asbestos.

The amount of the money, or the fair value of the services or property, which the plaintiff claims.

A written formal request of a court or judge, sometimes made on a form provided by the court, and usually contained in or accompanied by a written declaration, explaining why the request is being made. See declaration.

A party’s request that allegedly prejudicial information be disallowed in a case.

A declaration filed with the court by the debtor and served on the creditor, requesting the court to order that the creditor must accept payments on the judgment at the times and in the amounts set by the court, and explaining why this is fair.

A form filed by the debtor within 10 days after a memorandum of costs has been served, listing costs that have been claimed by the creditor that the debtor believes the creditor is not legally entitled to claim.

A request filed within days of the date of the notice of entry of judgment by a person who did not attend the court hearing and lost the suit, asking the judge to cancel the decision and hear the case again.

Failure to use reasonable due care to avoid foreseeable harm to a person, place, or thing.

A civil case in which parties may resolve their dispute without a formal finding of error or fault.

Failure to perform an act which should be performed.

Proceedings before a judge without a jury.

One who assumes the function of administering oaths and certifying documents.

A person who is authorized by the California Secretary of State to acknowledge the validity of a person’s signature to a legal document.

Formal caution to a defendant in a civil case that the lawsuit has been filed; any form of notification of a legal proceeding.

A form notifying the parties of the judge’s decision in the lawsuit.

A form that the levying officer mails to the creditor, notifying the creditor that the debtor has filed a claim of exemption. It is accompanied by the judgment debtor’s claim of exemption and the judgment debtor’s financial statement.

A form that a creditor must file with the court and serve with his/her notice of opposition to claim of exemption, notifying the court, the levying officer, and the debtor of the hearing on the creditor’s opposition to the judgment debtor’s claim of exemption.

A form that a creditor must file with the levying officer and serve within a certain period after service of the judgment debtor’s claim of exemption, notifying the levying officer, the court and the debtor that the creditor is contesting the judgment debtor’s claim of exemption.

In a trial, a solemn pledge made in attestation of the truth of a statement or in the verification of a statement made.

The process of taking exception to a statement or procedure. The presiding judge maintains the authority to sustain or overrule, allow or disallow a party’s objection.

Work-related illness; ailment arising from workplace conditions.

An attorney’s initial statement at trial outlining their intended arguments.

A judge's written explanation of his or her decision or the decision of the court as determined by a majority of judges. A dissenting opinion may be written when one judge on a court disagrees with the majority opinion. A concurring opinion agrees with the decision of the court but offers further comment.

A court’s or a judge’s express mandate regarding a legal matter.

A form sent to the judgment debtor, the creditor, and the levying officer, notifying them of the court’s decision to fully or partially approve or to deny the judgment debtor’s claim of exemption.

A court order instructing the debtor to appear in court at a specific date and time to answer questions about the judgment debtor’s property and income. It is included in another form called the application and order for appearance and examination.

A person who is suing or being sued.

By signing a declaration under penalty of perjury, the person signing it swears that the statements in the document are true and correct. If the court finds that the person signing it has given a false statement, that person may be prosecuted for making a false statement to the court.

Installment payments, usually made on a regular basis at regular intervals of time - for instance, monthly, weekly, or bimonthly.

An injury to a person or a person’s reputation.

An individual’s property other than real estate.

The person filing an action or an appeal.

The party who formally initiates a lawsuit.

The documents drafted by the parties to a lawsuit and filed with the court.

The costs incurred in trying to collect the money awarded in the judgment after the date that the judge decided the case.

A formal instrument authorizing another to act as one's agent.

The judge who is in charge of all the judges who hear cases.

A person who serves an official court document on the person to whom the document is addressed.

The liability arising from the design, manufacture, and marketing of a product for damages caused by the product.

A declaration signed by a person who has served court papers on a person, stating under oath that proper service was made. After the document has been personally served or mailed, the proof of service form must be signed and filed with the clerk of the court.

Assets of every kind, including both personal property and real property.

See temporary judge.

A Latin expression meaning, “as much as he deserves.”

A Latin expression meaning “something for something,” or the exchange of one item of value for another.

A legal obligation imposed in the absence of an express agreement or contract.

Real estate, land, buildings, and items attached to land.

A hypothetical individual who exercises an ordinary degree of reason, prudence, care, foresight, or intelligence whose conduct, conclusion, or expectation in relation to a particular circumstance or fact is used as an objective standard.

A written request to the judge, stating the reasons why a person believes the judge decided the case wrongly, and requesting that the judge consider the case again, and make a new decision. The judge has the right to refuse this request.

See county recorder.

The amount of compensation paid as a result of a lawsuit or insurance settlement.

A judgment is only enforceable for 10 years, but it can be enforced for another 10 years by renewing it. To do this, a creditor must file an application for renewal of judgment before the expiration of the first 10 year period.

A Latin expression meaning “a superior must answer” that provides that employers are responsible for the acts and omissions of their employees and agents when those acts or omissions occur within the scope of the employees’ duties.

The person against whom an appeal is taken.

The judge’s decision about who wins an argument or a lawsuit.

Full payment of the original judgment debt, plus any interest and costs that are claimed by the judgment creditor. The judgment creditor must prepare, sign, and file with the court an acknowledgment of satisfaction of judgment when the debtor has paid the judgment in full. The judgment creditor may be penalized for not completing and filing this form with the clerk of the court after the debtor requests it in writing. If an abstract of judgment was recorded, two long forms of acknowledgment must be provided, one of which must be signed before a notary public.

Fully paid.

Mailing or personally delivering a copy of a court document to a person named in a lawsuit. Personal service by someone other than the person is required for some documents, particularly the summons and complaint (the form that notifies the defendant that an action has been filed). Most other documents may be served by mail. Any document served by mail must include a notation of the date and city of mailing (for example, a photocopy of the completed but unsigned proof of service). See proof of service.

The delivering of writs, summonses, and subpoenas by delivering them to the party named in the document.

To cancel or vacate the judgment.

An agreement stipulated between the parties to reconcile a dispute.

An agreement reached by the parties, which sets out the terms to which each, agrees to settle a dispute. This agreement should always be in writing. If a judgment has been entered, an acknowledgment of satisfaction of judgment should be prepared and filed. In some situations, it may be desirable to have the court enter the agreement as a modification of the judgment.

A judgment issued by a court in a state other than the state of residence of the judgment debtor. For example, in Nevada a

The legal right to bring a lawsuit. As a general rule, only a person with something at stake has standing to bring a lawsuit.

The legal doctrine providing that courts should adhere to the legal principles established by courts deciding similar cases in the past.

See judgment debtor’s statement of assets.

A legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature.

A statutory requirement that certain contracts are in writing.

A statutory requirement establishing the period of time in which a lawsuit must be filed.

The period of time following an occurrence during which a claim may be brought.

An official court order for a person to appear before the court. A legal document served upon a person to compel them to produce evidence in their possession or to appear at a deposition or proceeding.

An official order for a person to provide specified documents to the person requesting them.

A strong and reasonable argument.

Serving a person by leaving the court forms with someone other than the person. This is allowed only within certain limits prescribed by statute.

The income against which taxes are applied. This typically includes gross income for businesses and adjusted gross income for individuals less deductions and exemptions.

An attorney who volunteers his or her time to hear and decide small claims cases.

Any court action or order that serves to protect a party’s interest pending further action by the court.

The evidence that a witness provides under oath.

A claim by some person, other than the debtor, that the bank account or other property, on which execution has been levied, actually belongs to that person, and not the judgment debtor. The other person must be able to prove that the property actually belongs to him or her and not the judgment debtor.

A levy of execution on the contents of the cash registers or registers of a business that is owned by the judgment debtor.

The body of law that allows one to be compensated in the event that someone's carelessness, recklessness or intentional misconduct injures or damages you or your personal belongings. There are three main classes of torts: intentional torts; negligent torts; and strict liability torts.

A verbatim, written record of what was said. Transcripts are commonly available to document events at a deposition, trial, hearing, or other proceeding.

When the judge does not immediately decide the case in the courtroom, but takes time to research and review the case and consider the evidence, and then notify the parties of the decision by mail.

Legal doctrine providing that one person should be required to make restitution for the property or benefit received when that benefit or property was unfairly obtained at the expense of another.

Law governing commercial transactions, provisions of which have been adopted by an overwhelming majority of U.S. jurisdictions.

A federal lawyer appointed by the President to prosecute all criminal offenses or civil actions committed against the US and to defend the government in all civil actions in which it is brought as a defendant.

The judicial body that oversees matters pertaining to bankruptcy and reorganization.

The judicial body that hears contested decisions from federal district courts, bankruptcy courts, and tax courts.

The federal judicial body that tries both criminal and civil actions and admiralty cases.

The highest court in the land, established by U.S. Constitution.

Amounts outstanding for which the debtor has not pledged collateral to guarantee repayment.

To set aside, to dismiss.

Authority of a court to hear a matter based on geographical location.

A legal or factual conclusion that forms the basis for the court's judgment.

When a person who did not actually cause an injury is held for the injury. Sometimes called imputed liability,

An Anglo-French term meaning "to speak the truth," voir dire is the preliminary process of determining whether a witness or jury is competent.

A legal procedure that requires the employer of a debtor to withhold a portion of the debtor’s wages and give the wages to the levying officer to pay to the judgment creditor in satisfaction of the judgment.

When a clerk or other court official does not charge the regular fees or costs, they are forgiven or “waived.”

A formal request to the court to waive payment of court costs, if the requesting party’s income is insufficient to pay such costs. It is called an application for waiver of court fees and costs.

A person who saw the events that are the subject of a lawsuit. If the witness is not associated with the defendant or plaintiff then they are called an independent witness. Witnesses are questioned by a lawyer, or by a private investigator hired by the lawyer.

A state program overseeing the claims of workers who suffer work-related injury or occupational disease.

A Supreme Court order granting or denying an appeal from a ruling in a lower court.

A form issued by the court, itemizing what is owing and ordering that the judgment of the court be enforced.

A death occurring as a result of another’s negligence.

An a-typical phenomenon whereby a male possesses an extra Y chromosome. XYY syndrome has been attributed to aggressive and anti-social behavior.

An employment agreement prohibiting membership in a labor union.

To surrender, give up or relinquish.

The role that many attorneys believe is their ethical duty to perform in order to adequately represent their clients.

A legal doctrine that may give rise to the recovery of damages for negligent infliction of emotional distress if the individual was fearful of personal harm and in the dangerous area created by the defendant’s negligence.