Points and authorities: Also called “P and A”. “Points and authorities” means the written legal reasoning advanced in support of or rejection of an application. It contains references to previous cases, laws (codes) and other legal statements that emphasize either the legality of the requested request or the legal basis on which the court rejects the claim. Quasi-communal property: Quasi-communal property is any type of property acquired by one or both spouses or life partners if they lived in another state that, if acquired while living in California, would have been considered common property. In other words, if you or your spouse or partner lived outside of California during your marriage or partnership, and you had income, purchased real estate, or acquired any other type of property that would be community property in California, that property is called quasi-community property. And in the event of divorce or legal separation in California, it is treated as a common good. Guard. A person legally responsible for caring for and managing the person or property of an incapacitated or minor child. 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.
Non-compliance: Failure to perform an action for which you are legally responsible. (Compare misconduct, misconduct.) codicil: A legal document that supplements or modifies a will. Jurisdiction. The legal law by which judges exercise their authority. Handicap. In the legal sense, the legal incapacity to perform an act. Used in a physical sense in relation to workers` compensation laws and consists of (a) actual inability to perform employment duties and resulting loss of wages, and (b) physical impairments that may or may not be unable to work. Bifurcation: separating legal issues into a single case. For example, sometimes spouses or important partners cannot agree on all divorce issues and this delays the divorce itself. The parties may wish to proceed with the termination of marital status or domestic partnership, while other issues still need to be resolved. To do this, a party can request a “fork” of the family/partnership status.
This means that the court will make a decision on the dissolution of your marriage or civil partnership, while other issues remain open and must be decided. Click here to learn how to apply for a fork in a divorce or separation case. 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. Service by publication: When service of the request is effected by publication of a notice in a newspaper or by posting on a bulletin board in a courthouse or other public institution, after a court has determined that other means of service are impracticable or have failed. (See also Process Service.) Payroll deduction: A legal procedure that allows regular deductions from wages or income. Deductions are used to pay a debt such as child support. Wage deduction is often included in a child support order. It can be voluntary or involuntary.
Also known as “withholding on income”. (See also direct withholding of income, assignment of profits, withholding of income, garnishment.) Click here for links to information on the different types of wage garnishment in civil matters. Succession: A legal procedure to determine whether or not a will of a deceased person (called “deceased”) is authentic; the legal division of the estate of a deceased person. Status offence: An illegal act committed by a child solely because of his or her age (e.g. absenteeism, consumption of alcohol by minors, etc.). Lawyer: One or more lawyers representing a client. Also legal advice. (See lawyer, lawyer.) No one. Usually a human being. Legally, a “person” can legally include a corporation, partnership, trustee, legal representative, etc. Layman. A layman; a non-expert.
In law, a person who has not received formal legal training. Complaint. From a legal point of view, the document that a plaintiff submits to the court contains allegations and damages. A complaint usually triggers a lawsuit. Answer. In civil proceedings, the defendant`s written response to the plaintiff`s complaint. It must be submitted within a certain period of time and either acknowledge the factual or legal basis of liability or (usually) deny it. Normally, a defendant has 30 days to file a response after the plaintiff`s complaint has been served. In some courts, an answer is simply called an “answer”. Implied Habitability Warranty: A legal rule that requires landlords to keep their rental units habitable. A rental unit must comply with important building and housing regulations that affect the health and safety of tenants. Investigation: A judicial inquiry (investigation) before a court of law or judicial officials authorized to conduct investigations, usually to determine the cause and circumstances of a death.
(2) an agreement between 2 or more persons establishing, amending or terminating a legal relationship. Partisan: In a case of domestic violence, the person who claims to be a victim of domestic violence may choose someone, a support person, to provide moral and emotional support. The support person does not need to have any special training or qualifications. The supporter may sit with the person to be protected during court hearings if the person to be protected does not have a lawyer, but cannot give legal advice or defend the person to be protected. The supporter may also accompany the protected person to custody mediation or referral to mediation. For more information on supporters, see article 6303 of the Family Code. Lease: A verbal or written agreement between a tenant and a landlord between a tenant and a landlord before the tenant moves in that sets out the terms of the lease, such as the amount of rent and the due date. See rental contract and periodic lease. Ranking.
Sending or forwarding a document to an employer or government agency as part of a legal proceeding. The filing date is the date of receipt of the document. Adversarial procedure. Disputes involving parties with conflicting interests, where one party seeks legal protection and the other opposes it. Admissible evidence. Evidence that can be lawfully and duly introduced in civil or criminal proceedings. Suretyship: A legal instrument or document that holds a person or holds a person responsible for something. In court, bail is a written statement that requires a person to pay money to another person in certain circumstances.
Legal separation: You and your spouse or partner can end your relationship, but remain legally married or partner and receive court orders on parental and financial matters with a judgment on legal separation. Decree. Statement of the court on the legal consequences of the facts established. See also order, judgment. Will: A legal document that lists a person`s wishes for what will happen to their personal property after their death. Case in point. The case is considered a case on a certain point and thus becomes a guide for subsequent decisions. Crime. Crimes less serious than crimes. In Pennsylvania, penalties for offenses vary by degree. A first-degree offense carries a prison sentence of up to five years.
A second-degree offense carries a maximum term of imprisonment for two years. A third-degree offense is punishable by up to one year in prison. Objection. In a trial, reason given by a lawyer that a case or proceeding is illegal. It is important to raise objections in open court in order to prepare minutes for the appeal. Commissioner: A person chosen by the court who has the authority to hear and make decisions on certain types of legal issues. Amicus Curiae. (Latin: “friend of the court.”) A person or entity who submits a pleading to the court expressing his or her views on a case involving other parties because he or she has a strong interest in the subject matter of the action. Trial: A court proceeding in which questions of fact and law are heard and decided after a court proceeding so that a bailiff or jury can make a decision in the case. It can be either (1) a trial – a trial heard and decided by a judge, or (2) a jury trial – a trial heard and decided by a jury. without prejudice: A term used when rights or privileges are not revoked or lost.
The dismissal of an appeal without prejudice means that a new appeal may be lodged on the same ground if it falls within the limitation period. Disposition: A judgment or decision made by the court to settle a dispute or controversy.