Arellano, Christine Jade S.

OFAD 126- BSOA 3B

202211171 October 10, 2023

Assignment No. 1: List of Legal Terms

1. Acknowledgment – The signature of a clerk or attorney certifying that the person signing the document
has signed by his or her free act and for the purposes set forth therein.
2. Adjournment – Postponement of a court session until another time or place.
3. Adjudication – A decision or sentence imposed by a judge.
4. Alimony: Money a court requires one spouse to pay the other spouse for support before and/or after
the divorce is granted. If you do not ask for alimony at the final hearing, you can never get it in the
future.
5. Appearance – The official court form filed with the court clerk which tells the court that you are
representing yourself in a lawsuit or criminal case or that an attorney is representing you. All court
notices and calendars will be mailed to the address listed on the form. When a defendant in a civil case
files an appearance, the person is submitting to the court’s jurisdiction.
6. Arraignment – The first court appearance of a person accused of a crime. The person is advised of his
or her rights by a judge and may respond to the criminal charges by entering a plea. Usually happens
the morning after a person is arrested.
7. Bench – 1) general term for all judges, as in "the bench," or for the particular judge or panel of judges,
as in an order coming from the "bench." 2) the large, usually long and wide desk raised above the level
of the rest of the courtroom, at which the judge or panel of judges sit.
8. Beyond A Reasonable Doubt – part of jury instructions in all criminal trials, in which the jurors are told
that they can only find the defendant guilty if they are convinced "beyond a reason- able doubt" of his or
her guilt. Sometimes referred to as "to a moral certainty," the phrase is fraught with uncertainty as to
meaning, but try: "you better be damned sure." By comparison it is meant to be a tougher standard than
"preponderance of the evidence," used as a test to give judgment to a plaintiff in a civil (non-criminal)
case.
9. Bill of Exchange – a writing by a party (maker or drawer) ordering another (payor) to pay a certain
amount to a third party (payee). It is the same as a draft. A bill of exchange drawn on a bank account is
a "check."
10. Bond – Also called bail. Money or property given to the court for the temporary release of a defendant,
to ensure that the defendant will return to court. There are two kinds of bonds:
 Non-financial bonds:
a) Non-surety bond where the defendant's signature alone guarantees the amount of bond
and the defendant is not required to post any property or retain the services of a professional
bail bondsperson as collateral.
b) Promise to appear.
 Surety bond: The court requires cash, real estate or a professional bail bondpersons signature
as collateral before releasing the defendant back into the community. (The court may allow the
defendant to post ten percent of the bond in cash to secure his or her release.)
11. Civil Action – A lawsuit other than a criminal case usually filed in a Judicial District courthouse.
Includes family actions (divorces, child support, etc) and small claims cases, although these are both
separately designated.
12. Cross-Examination – Questioning by a party or the attorney of an adverse party or a witness.
13. Custody Affidavit – A sworn statement containing facts about a child involved in a case, including full
name of the child, date of birth, current and past residences and other information as may be required
by law.
14. Detention Hearing or Detention Release Hearing – A hearing on the first business day after a
juvenile is admitted to juvenile detention concerning the legality and appropriateness of continued
detention of the juvenile. The detention decision must be reviewed at least every fifteen days.
15. Dismissal Without Prejudice – A judges decision to end the case which permits the complainant or
prosecutor to renew the case later. In contrast, dismissal "with prejudice" prevents the complainant or
prosecutor to bring or maintain the same claim or action again.
16. Docket – A list of cases scheduled to be heard in court on a specific day or week
17. Docket Number – A unique number the court clerk assigns to a case. It must be used on all future
papers filed in the court case. Each docket number starts with two letters that tell the type of case. CI =
criminal infraction; CR = criminal case; CV = civil case; FA = family case; MI = motor vehicle infraction;
MV= motor vehicle case; SC = small claims.
18. Domicile –The permanent home of a person. A person may have several residences, but only one
domicile.
19. Ejectment – A legal case filed against someone who is a holdover tenant (someone who remains after
the expiration of a lease).
20. Electronic Monitoring – An electronic system that provides the Probation Officer or Bail Commissioner
a report about whether the offender has left home during the time when the offender was required to
remain at his or her home.
21. Ex Parte: Done for, or at the request of, one side in a case only, without prior notice to the other side.
22. Felony – Any criminal offense for which a person may be sentenced to a term of imprisonment of more
than of one year.
23. Filing – Giving the court clerk legal papers which become part of the case file.
24. Indigent – Someone without enough money to either support himself or herself or his or her family.
Someone who cannot afford to pay certain fees required by the court. (Civil, Family, Housing | Juvenile)
25. Lis Pendens – A pending lawsuit. Jurisdiction or control that courts have over property in a case
waiting for final disposition. A notice of lis pendens is filed on the land records.
26. Motion – A application for relief other than by a pleading. –Sec 1, Rule 15, Rules of Court
–An application for an order not included in a judgment.
– An application made to a court or judge for the purpose of obtaining a ruling or order directing some
act to be done in favor of the applicant.
27. Perjury – Making false statements under oath.
28. Res Judicata – Latin for “the thing has been decided” and pertains to the principle that a final judgment
of a competent court is conclusive upon the parties in any subsequent litigation involving the same
cause of action.
29. Stipulation – Also called a "stip." A written agreement by the parties or their attorneys.
30. Subpoena Ad Testificandum – A process to compel the attendance of a person in court so that he
may give testimony therein.
31. Subpoena Duces Tecum – A process directed to a person requiring him to bring with him any books,
documents, or other things under his control, and to testify at the hearing or the trial of an action, or at
any investigation conducted under the law.
32. Summons – A legal paper that is used to start a civil case and get jurisdiction over a party.
33. Summons (Juvenile) – A written notice issued by the court commanding a person to appear in a court
at a given date and time. A summons is issued to an individual charged or other party on a petition or
complaint.
34. White Collar Crime – a generic term for crimes involving commercial fraud, cheating consumers,
swindles, insider trading on the stock market, embezzlement and other forms of dishonest business
schemes. The term comes from the out-of-date assumption that business executives wear white shirts
with ties. It also theoretically distinguishes these crimes and criminals from physical crimes, supposedly
likely to be committed by "blue collar" workers.
35. Witness – a person who testifies under oath in a trial (or a deposition which may be used in a trial if the
witness is not available) with first-hand or expert evidence useful in a lawsuit. A party to the lawsuit
(plaintiff or defendant) may be a witness.
36. Writ – Legal paper filed to start various types of civil lawsuits.