Glossary

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Term Definition
Citation

The summons handed to the defendant indicating the offense committed.

Civil action

Noncriminal cases in which one private individual or business sues another to protect, enforce, or redress private or civil rights.

Civil procedure

The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Class action

A lawsuit brought by one or more persons on behelf of a larger group.

Clear and convincing evidence

Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.

Clemency or executive clemency

Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. It may take the form of commutation or pardon.

Closing argument

The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Codicil

An amendment to a will.

Commit

To send a person to prison, asylum, or reformatory by a court order.

Common law

The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Community control

A form of probation restricting the defendant's movements to an extreme degree.

Commutation

The reduction of a sentence, as from death to life imprisonment. Companion cases or codefendants - More than one person arrested on the same criminal incident.

Comparative negligence

A legal doctrine by which acts of the oppsing parties are compared to determine the liability of each party to the other, making each liable only for his/her percentage of fault. See contributory negligence.

Complainant

The party who complains or sues; one who applies to the court for legal redress. Also called the plaintiff.

Complaint

1. The legal document that usually begins a civil lawsuit. It states the alleged facts and identifies the action the court is asked to take.
2. Formal written charge that a person has committed a criminal offense.

Conciliation

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but it may be less formal.

Concurrent sentences

Sentences for more than one crime that are to be served at the same time, rather than one after the other.

Condemnation

The legal process by which the government takes private land for a public use, paying the owners a fair price as determined by the court.

Conflict attorney

One of a pool of attorneys appointed on rotation when a codefendant has the Public Defender.

Consecutive sentences

Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.