Glossary

Settling a dispute without full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.

A friend of the court. One not a party to a case who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.

The defendant's response to the plaintiff's allegations as stated in a complaint. An item-by-item, paragraph-by-paragraph response to points made in a complaint; part of the pleadings.

An application for review of an order of conviction.

1. The act of a party or an attorney showing up in court 2. A written notification to the plaintiff by an attorney stating that he/she is representing the defendant. <-Notice of Appearance?

A court of appeals that has jurisdiction to hear appeals and review a lower court's decision.

The party against whom an appeal is taken. Sometimes called a respondent.

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party and agree to abide by his/her decision. In arbitration there is a hearing at which both parties have an opportunity to be heard.

Appearance of the defendant in court to enter his/her plea to the charges.

To take into custody by legal authority.

Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

The state holding the fugitive. At issue - The time in a lawsuit when the complaining party has stated his/her claim and the other side has responded with a denial and the matter is ready to be tried.

Taking a person's property to satisfy a court-ordered debt.

The attorney retained or assigned to represent a client. The lawyer remains the attorney of record until some other attorney or the client substitutes for him/her, he/she is allowed by the court to withdraw, or after the case is closed.

An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the court.

A private person (who is not necessarily a lawyer) specifically named by another through a written "power of attorney" to act for that person in the conduct of the appointer's business. This authority is given in a document, called a letter of attorney, or more commonly a power of attorney.

Cash or surety posted to secure the release of a defendant by insuring his/her future attendance court, and compelling him/her to remain in the jurisdiction of the court.

An obligation signed by the accused to secure his/her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as bond.

A court attendant, ususally a Deputy Sheriff, who keeps order in the courtroom and has custody of the jury.

Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or "discharged" from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors.