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Absolute Divorce: the
final ending of a marriage. Both parties
are legally free to remarry.
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Ab Initio: Latin
for "from the beginning."
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Action: a lawsuit
or proceeding in a court of law.
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Adoption: The creation
of a parnet child relationship by
judicial order between two parties who are unrelated.
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Adultery: Voluntary
sexual intercourse between a married
person and someoneother thanthatpersons spouse.
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Affidavit: a written
statement under oath.
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Agreement: a verbal
or written resolution of disputed issues.
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Alimony: A court
ordered allowance that one spouse pays to
the other spouse for maintenance and support while
they are separated while
they are involved in a matrimonial lawsuit, or after
they aredivorced.
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Answer: A defendents
first pleading that addresses the merits
of the case, usu. by denying the plaintiff's allegations.
An ansert usually
sets forth the defendant's defenses and counterclaims.
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Annulment: The
act of nullifying or making void. A judicialor ecclesiastical
declaration that a marriage is void. Unlike a divorce,
an annulment establishes that the marriage neverexistedin
law.
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Appeal: To ask
a higher court to reverse the decision of
a trial court after final judgment or other legal
ruling.
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Bigamy: The condition
of having two wives or two husbands
at the same time. A marriage in which one of the
parties is already legally
married is bigamous, void, and ground for annulment.
The one who knowingly
enters into a bigamous marriage is guilty of the
crime of bigamy.
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Cruelty: The intentional
and malicious infliction of physical
or psychological pain on another.
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Curtesy: In old
common law, the right of a surviving husband
to a life estate in the lands of his deceased wife,
if they had a surviv-
ing child or children who would inherit the land.
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Child Custody:
A court's determination of which parent,
relative or other adult should have physical and/or
legal control and responsibility for a minor (child)
under 18.
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Joint Custody: In
divorce actions, a decision by the court
(often upon agreement of the parents) that the parents
will share custody
of a child.
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Deposition: The
taking and recording of testimony of a
witness under oath before a court reporter in a
place away from the courtroom
before trial.
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Discovery: The
entire efforts of a party to a lawsuit and
his/her/its attorneys to obtain information before
trial through demands for production of documents,
depositions of parties and potential witnesses,
written interrogatories (questions and answers written
under oath), written requests for admissions of
fact, examination of the scene and the petitions
and motions employed to enforce discovery rights.
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Divorce: The termination
of a marriage by legal action,
requiring a petition or complaint for divorce (or
dissolution in some states,
including California) by one party.
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Chancery: A court
that can order acts performed. Today
chancery courts are merged with law courts in most
states.
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Desertion: The
act of abandoning, particularly leaving
one's spouse and/or children without an intent to
return.
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Dower: An old English
common law right of a widow to one-third of her
late husband's estate
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Sodomy: Anal copulation
by a man inserting his penis in the
anus either of another man or a woman.
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Laches: The legal
doctrine that a legal right or claim will
not be enforced or allowed if a long delay in asserting
the right or claim has
prejudiced the adverse party (hurt the opponent)
as a sort of "legal ambush."
Examples: a) knowing the correct property line,
Oliver Owner fails to bring
a lawsuit to establish title to a portion of real
estate until Nat Neighbor
has built a house which encroaches on the property
in which Owner has title;
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Pleading: Every
legal document filed in a lawsuit, petition, motion
and/or hearing, including complaint, petition, answer,
demurrer, motion, declaration and memorandum of
points and authorities (written argument citing
precedents and statutes). Laypersons should be aware
that, except possibly for petitions from prisoners,
pleadings are required by state or federal statutes
and/or court rules to be of a particular form and
format: typed, signed, dated, with the name of the
court, title and number of the case, name, address
and telephone number of the attorney or person acting
for himself/herself (in pro per) included. 2) the
act of preparing and presenting legal documents
and arguments. Good pleading is an art: clear, logical,
well-organized and comprehensive.
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Res Judicata: Latin
for "the thing has been judged,"
meaning the issue before the court has already been
decided by another court,
between the same parties. Therefore, the court will
dismiss the case before
it as being useless.
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Service Of Process: The
delivery of copies of legal documents such as summons,
complaint, subpena, order to show cause (order to
appear and argue against a proposed order), writs,
notice to quit the premises and certain other documents,
usually by personal delivery to the defendant or
other person to whom the documents are directed.
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Venue: The proper
or most convenient location for trial of
a case. Normally, the venue in a criminal case is
the judicial district or county
where the crime was committed. For civil cases,
venue is usually the district
or county which is the residence of a principal
defendant, where a contract
was executed or is to be performed, or where an
accident took place.
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Duress: The use
of force, false imprisonment or threats (and
possibly psychological torture or "brainwashing")
to compel someone
to act contrary to his/her wishes or interests.
If duress is used to get someone
to sign an agreement or execute a will, a court
may find the document null and
void.
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Real Property:
All land, structures, firmly attached and
integrated equipment (such as light fixtures or
a well pump), anything growing
on the land, and all "interests" in the
property, which may include
the right to future ownership (remainder), right
to occupy for a period of time
(tenancy or life estate), the right to drill for
oil, the right to get the property
back (a reversion) if it is no longer used for its
current purpose (such as
use for a hospital, school or city hall), use of
airspace (condominium) or an
easement across another's property. Real property
should be thought of as a
group of rights like a bundle of sticks which can
be divided. It is distinguished
from personal property which is made up of movable
items.
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Child Support:
Court-ordered funds to be paid by one parent to
the custodial parent of a minor child after divorce
(dissolution) or separation. Usually the dollar
amounts are based on the income of both parents,
the number of children, the expenses of the custodial
parent, and any special needs of the child. In many
states or locales the amount is determined by a
chart which factors in all these figures. It may
also include health plan coverage, school tuition
or other expenses, and may be reduced during periods
of extended visitation such as summer vacations.
Child support generally continues until the child
reaches 18 years, graduates from high school, is
emancipated (no longer lives with either parent),
or, in some cases, for an extended period such as
college attendance. The amount and continuation
of support may be changed by the court upon application
of either party depending on a proved change of
circumstance of the parents or child. Child support
should not be confused with alimony (spousal support)
which is for the ex-spouse's support.
