abandonment
- leaving children without intending to return; forsaking parental
responsibilities.
actuarial
table - a set of figures used to predict how long a person is
likely to live. It is based on the average life expectancies of
a large number of people.
adjudicatory
hearing - the first part of a formal hearing for a juvenile. Its
purpose is to determine the facts in the case. Did the youth commit
a delinquent or unruly act? Is the youth deprived? See dispositional
hearing; formal hearing.
administrative
law - rules and regulations created by government agencies enabling
them to carry out the duties assigned to them by Congress, a state
legislature, or a local government.
adoption
- the legal process of substituting adoptive parents for a child's
biological parents.
affidavit
- a written statement that is sworn to be true before an authorized
official such as a judge.
affirmative
action - steps taken by an organization to remedy past discrimination
in hiring, promotion, and recruitment. Such steps may be required
by the government. Typically, affirmative action involves the
selective hiring of persons in a status category (such as race)
to balance worker populations.
age
of majority - the age when a person is considered an adult, as
defined by state law. In Georgia, this is 18 years old.
aggravating
circumstances - facts about a crime or criminal which might influence
a judge to be tougher in sentencing.
alibi
- the defense which claims that a person was somewhere else at
the time a crime was committed.
alien
- a person living in, but not a citizen of, a nation.
alimony
- support payments which a person is ordered by a court to make
to a divorced spouse.
alternative
dispute resolution (ADR) - alternative methods to going to court
when attempting to solve disputes between parties. ADR is often
much less formal and complex than a court proceeding. Most often,
it is also less costly. See arbitration; mediation; negotiation.
analogy - a type of logical thinking basic to legal reasoning.
It is based on the idea that if two things agree in some ways,
they will agree in other ways. When used in law, it means looking
at cases with similar situations and applying their resolutions
to another similar case at hand.
annulment - a court declaration that a marriage never existed
because it was not valid from the start.
answer
- a legal document filed with the clerk of court in which the
defendant admits or denies the claims made in the complaint.
appeal
- a request that a higher court review the decision of a lower
court. The higher court may uphold, reverse, or modify the decision.
appellate
court - a court which reviews the decisions of trial courts to
determine whether the law was properly applied in the cases reflected
in those decisions.
arbitrary
reason - a reason that is not sensible or logical; it has no rational
basis. One requirement of the due process clause is that life,
liberty, and property not be taken away for arbitrary reasons.
arbitration
- a method of settling disputes in which a third party hears the
arguments and facts from both sides and decides to how to resolve
the dispute.
arraignment - a court hearing in the criminal justice process
during which the judge reads the charges against the defendant
and the defendant enters a plea of guilty, not guilty, or nolo
contendere.
arrest
- to take a person into physical custody and charge him or her
with committing a crime.
arrest
warrant - a document which gives an authorized person, such as
a police officer, permission to arrest someone.
assault
- an intentional tort or crime in which there is an attempt to
inflict bodily injury or a threat of attack by someone capable
of carrying out that threat.
assumption
of the risk - one of two main defenses against a charge of negligence
where it is alleged that the risk or injury was foreseeable and
that the plaintiff proceeded to act despite the possibility of
harm.
attachment
- a court-authorized method of collecting a debt. The county sheriff
takes possession of a debtor's property and sells it to repay
the creditor.
automobile exception - the case law exempting certain automobile
searches from the general requirement for a search warrant.
bail
- a sum of money or property pledged to the court to assure that
an accused person will appear to stand trial. Once bail is posted,
the accused is released from police custody until the trial.
bait
and switch - a deceptive sales technique. It consists of luring
customers into a store by advertising goods or services at low
prices with the intent of suggesting a substitute of a more expensive
item.
balloon
payment - the last payment of a loan which is much larger than
the other payments.
bankruptcy
- a proceeding in court that takes place because a person is not
able to pay his or her debts. The person's property may be used
to pay some of the debts. The remaining debts are cancelled.
battery
- an intentional tort or crime in which one person intentionally
touches another without consent.
benefit
- a privilege given to an employee by the employer. This could
be as paid vacation, paid sick days, insurance coverage, or a
Christmas bonus.
bigamy
- the crime of being married to more than one person at a time.
biological
parent - the natural parent of a child.
bondsman
- a person whose business consists of loaning money for bail.
The bondsman posts bail, taking the risk that the accused will
not show up for trial-which would result in the bondsman losing
the bail money. For taking this risk, the bondsman charges the
accused a percentage of the bail, usually 10-15 percent.
booking
- the procedure of officially recording an arrest by a law enforcement
agency such as the police department in a certain city or county.
breach
- failure to meet a legal responsibility.
building
code - a collection of laws that sets standards for constructing,
altering, and repairing buildings.
capital
felony - the most serious type of crime, the penalty for which
may be life imprisonment or death.
case
law - court interpretations of statutory, constitutional, or common
law.
caveat
emptor - a Latin phrase meaning "let the buyer beware."
Called the first law of consumer protection, it indicates that
the buyer should be careful about the quality of products and
services purchased.
ceremonial
marriage - a marriage created by formal ceremony, blood test,
and marriage license.
character
witness - one who testifies about the lifestyle, background, and
personality of a defendant, rather than the facts of a case.
charge
- in law, (1) a judge's instructions to a jury; (2) the formal
accusation of a crime.
charter
- a state law which creates a city and acts as its constitution.
child
labor laws - laws which create special restrictions on the use
of children in the marketplace. These laws usually limit the type
of work, hours, and ages of working children.
child
support - payments from a parent to a person with legal custody
of the child (guardian or other parent) to be used in caring for
the child.
civil
disobedience - the act of breaking civil laws which one considers
unjust in order to ultimately have them changed.
civil
judgment - a court decision in a civil suit which requires one
party either to pay a sum of money or to take certain actions
as a result of the breach of some legal duty.
civil
law - all areas of law except those involving crime.
clear
and present danger - a possible effect of speech which makes such
speech exempt from First Amendment protection. For instance, if
a court determines that a person's speech could incite people
to unlawful action, that speech would not be protected and could
be declared illegal.
closing
- the final meeting in the sale of real property in which the
property is formally transferred from seller to buyer.
closing
argument - summary remarks made to the jury by attorneys for both
sides after all evidence is presented in a trial.
code
- a collection of laws, such as the laws of the State of Georgia.
See Official Code of Georgia Annotated.
codify
- to organize laws by subject matter.
coercion
- a defense which claims that the defendant was forced to commit
the crime against his or her will.
collateral
- property which can be sold or retained by a creditor if the
debtor fails to pay the debt.
collective
bargaining agreement - a contract between the employer and the
employees' union setting wage scales, hours, and working conditions.
collision
insurance - the coverage for damage to one's motor vehicle caused
by impact with another motor vehicle.
commercial
speech - speech or written material intended solely to make money,
such as advertising. It receives less constitutional protection
than other forms of speech.
common
law - the legal rights and duties which courts declare to exist
in the absence of statutes; generally based on the English system
of law at the time the United States was founded.
common
law marriage - a marriage created without a legal ceremony by
a couple living together and publicly presenting themselves as
married.
community
service - a sentencing option in which the defendant is assigned
to work for a certain length of time at a public service job,
such as providing janatorial services at a government building
(i.e., a courthouse).
comparative
negligence - one of two main defenses against a charge of negligence.
In this defense, both parties share responsibility for negligence,
but the plaintiff can recover damages if his or her negligence
was less than that of the defendant. See contributory negligence.
complaint
- (1) the first legal document filed in a civil lawsuit, detailing
the claim, court of jurisdiction, and remedies requested; (2)
in a criminal case, a formal document, submitted to the prosecution
by the victim or a witness, which accuses a person of committing
an offense.
comprehensive
insurance - the coverage for damage to a motor vehicle other than
by collision.
condominium
- an individually owned dwelling unit in a complex of such units.
Each unit owner also owns a share of the common property, such
as halls or yards.
consideration
- something of value offered by each party in making a contract.
constitutional
law - the legal basis or framework of law in American society
as found in the U.S. Constitution and the individual state constitutions.
Although written and intended to have a permanence in structure,
constitutional laws can be changed. Making such a change is called
amending a constitution.
constitutional
right - a basic right or protection provided by a constitution
or its amendments which cannot be denied by the government. Also
called fundamental right. See also First Amendment rights.
consumer
- a buyer of goods and services.
consumer
credit - loans for family, personal, or household purposes, as
opposed to business loans.
consumer
law - the body of laws which govern personal, family, and household
purchases.
consummation
- a requirement for a valid marriage. In a ceremonial marriage,
this is accomplished by obtaining a license and having a ceremony.
contempt
of court - a ruling by a judge that a person is intentionally
obstructing order in a court or failing to obey a judge's order.
It is punishable by a fine or a jail sentence.
contract
- a legally enforceable agreement by two or more parties in which
each has an obligation to the other(s).
contractual
warranty - a type of warranty which is agreed to by the parties,
such as a bill of sale limiting the seller's responsibility for
defects in a product.
contributory
negligence - a rule of law governing a situation in which the
plaintiff and defendant share responsibility for negligence. Under
this rule, the plaintiff may not recover any damages. This rule
has been replaced in Georgia by the rule of comparative negligence.
conversion
- an intentional tort whereby a property owner is deprived of
the property either permanently or for an indefinite period of
time.
court
- see appellate court; juvenile court; magistrate court; probate
court; state court; superior court; trial court.
credit
- (1) the purchase of goods or services with a delayed payment
schedule; (2) money that is loaned. See consumer credit; open-end
credit; secured credit; unsecured credit.
credit
bureau - a business which collects information on individuals
and issues credit reports used to determine whether a consumer
is a good credit risk.
credit
sale - the purchase of goods "on time" (in installments).
creditor
- a person who provides credit, loans money, or delivers goods
or services before full payment is made.
crime
- an act which harms others physically, financially, or psychologically,
and which is declared a crime by a statute.
criminal
justice process - all proceedings between the time a person is
suspected of a crime until that person is unconditionally freed
by the government.
criminal
law - the body of law which deals with acts that are declared
crimes by the government.
cross-examination
- the questioning of witnesses for the opposing side during a
trial or hearing.
custody
- the care and keeping-legal or physical-of something or someone,
such as a child or a prisoner. See joint custody.
damages
- money which would compensate a plaintiff for some injury, loss,
or inconvenience caused by another, and which is asked for in
a civil lawsuit.
death
penalty - the ultimate penalty given to someone found guilty of
committing certain capital crimes. Not all states use the death
penalty.
debtor
- a person who owes money or buys on credit.
deed
- a document that represents the passing of property from the
seller to the purchaser.
deed
to secure debt - a document that establishes the buyer's real
property as collateral for a loan.
defamation
- an intentional tort in which a written or spoken expression
about someone is false and damaging to that person's reputation.
default
- failure to fulfill a legal obligation, such as not repaying
a loan or not filing an answer to a plaintiff's claim.
defendant
- the party accused of wrongdoing in a civil or criminal case.
definite
sentencing - a system of assigning penalties in which the judge
has no choice about the type or duration of the penalty.
degrees
of consanguinity or affinity - a measure of blood or marriage
relationships, as set forth in the Official Code of Georgia Annotated.
Marriage is prohibited between people who have these specific
relationships.
delay
- a pretrial tactic popular with defense attorneys which consists
of putting off the trial by using various legal maneuvers.
delinquent
act - an act by a juvenile which if committed by an adult would
be criminal.
delusional
compulsion - a defense to a criminal accusation in which the defendant
claims that he or she acted because of a compelling belief in
the truth of something which is, in fact, false.
deprived
child - a child who has been abused or neglected.
desertion
- leaving one's spouse with no intention of returning. Usually,
one year's absence is required, by law, to prove desertion.
deterrence
- one of four philosophic viewpoints about the purpose of sentencing.
This one maintains that the purpose of punishing an offender is
to discourage people from committing crimes.
direct
examination - the questioning of a witness during a trial by the
attorney who called the witness.
directed
verdict - (1) in criminal law, a verdict of not guilty entered
by the judge when the prosecution has not shown enough evidence
to prove the accusation; (2) in civil law, a verdict entered by
the judge agreeing with one party's claim that the other party
cannot possibly prove its case.
discovery
- the pretrial exchange of information between opposing sides.
dispositional
hearing - a juvenile court hearing to determine the most appropriate
form of treatment for a delinquent, status offender, or dependent.
This is the second part of a formal hearing for a juvenile. See
adjudicatory hearing, formal hearing.
dispossess
- to evict a tenant or reclaim property if payment owed is not
made.
distress
warrant - a court-authorized document which enables a landlord
to recover overdue rent by having a tenant's possessions sold
at auction.
divorce
- the ending of a marriage by court order.
due
process - the principle that the government must act in a fair
and reasonable manner when it threatens to deprive individuals
of life, liberty, or property. It is embodied in the Fifth, Sixth,
and Fourteenth Amendments to the U.S. Constitution.
DUI
(driving under the influence) - the unlawful operation of a motor
vehicle while under the influence of alcohol or drugs.
earnest
money - a deposit paid to the seller of real property by the potential
buyer upon the signing of the purchase contract.
easement
- a document which grants certain uses of property to persons
other than the owner of the property. It can also limit the owner's
use of the property.
elastic
clause - a passage in the U.S. Constitution (Art. 1, sec. 8) which
gives Congress the right to pass all laws necessary for carrying
out the tasks delegated to it.
emancipated
minor - a person under the age of 18 who is declared by a court
to be capable of surviving independently of parents. Such a minor
can enter into contracts for necessities.
eminent
domain - the power of a government to take property for public
purposes, such as building a highway, from private individuals
(for just compensation).
entrapment
- a defense to a criminal charge. It consists of proving that
the defendant was induced by law enforcement officials to commit
a crime which he or she would otherwise not have committed.
environmental
regulations - laws that affect land use and property ownership
in order to keep the environment clean and healthy for all of
its inhabitants.
equal
employment opportunity (EEO) - a federal mandate which prohibits
certain employers from discriminating against individuals on the
basis of status categories, such as age, gender, race, or handicap.
equal
protection - a principle guaranteed by the U.S. and Georgia constitutions
which requires the government to treat all persons equally and
impartially.
equity
- the power of a court NOT to apply an established rule of law
to a particular situation in order to avoid an unjust result.
eviction
- a procedure by which a landlord forces a tenant who has defaulted
on paying the rent to move out. See dispossess.
evidence
- matters of fact which tend to prove or disprove other matters
of fact. See hearsay evidence; real evidence; testimonial evidence.
exclusionary
rule - a rule which prohibits the use of illegally obtained evidence
in a criminal trial.
exigent
circumstances - a rule allowing warrantless searches and seizures
in emergency situations. This usually occurs when the police are
in hot pursuit of someone who has just committed a crime.
expert
witness - a person who, because of training, work, or experience,
is qualified to testify on the technical or special facts of a
case.
express
warranty - a warranty created by certain actions of the seller,
such as a written or spoken promise, description, or display of
a sample or model.
fair
manner - the requirement necessary to due process that there can
be no government action against someone unless done in a fair
manner. Generally, fair manner requires that the person affected
be given notice of the proposed action and a hearing in order
to oppose the action if desired.
false
imprisonment - an intentional tort in which one person is unlawfully
detained against his or her will by another.
Federal
Trade Commission (FTC) - a federal agency with the authority to
issue regulations concerning certain business transactions and
to sue companies for violations.
felony
- a serious crime punishable by a prison sentence of a year or
more. Examples are murder, kidnapping, armed robbery, arson, rape,
and forgery.
fighting
words - expressions likely to cause a breach of the peace. Such
expressions are not protected by the First Amendment right to
free speech.
finance
charges - the cost of credit, including interest, late charges,
service charges, and insurance on the loan.
fine
- a penalty imposed upon a convicted person by a court, requiring
that he or she pay a specified sum of money to the court.
First
Amendment rights - freedom of assembly, association, religion,
speech, and of the press as guaranteed in the Bill of Rights of
the U.S. Constitution. See constitutional right, fundamental right.
fixture
- an item of personal property so attached to real property that
it is considered part of the real property.
Food
and Drug Administration (FDA) - a federal agency that sets standards
for and regulates the safety of foods, drugs, cosmetics, and other
household products.
foreclosure
- the process of satisfying an unpaid debt by obtaining the collateral
and selling it.
foreman
- a juror elected by the jury to act as its spokesperson and leader.
formal
hearing - a court hearing to determine if a juvenile is in need
of state protection or treatment. It has two parts-the adjudicatory
and the dispositional.
formal
petition of delinquency - a document which must be filed by the
complaining witness before a formal hearing of a juvenile case
can be held.
foster
parent - a temporary guardian licensed by the state or designated
by a court to care for a child.
fraud
- a deception, lie, or dishonest statement made to cheat someone.
Fraud can prevent a meeting of the minds in making a contract.
freedom
of assembly, association, religion, speech, and of the press -
rights guaranteed by the First Amendment of the U.S. Constitution.
full
warranty - a type of warranty which assures a buyer that goods
are totally free of defects when sold. This includes an obligation
that the seller will repair or replace the goods within a specified
time period after purchase if they are not of the assured quality.
fundamental
right - a protection guaranteed by the U.S. Constitution or its
amendments. See constitutional right.
gag
order - a court order prohibiting publicity before and during
a trial.
garnishment
- a court-authorized method of collecting debts from a third party
holding assets of the debtor. This may be done through payroll
deductions, from a checking account, or by other methods.
Gault
decision - a U.S. Supreme Court decision establishing several
rights for juveniles in danger of losing their liberty. These
include the juvenile's right to be notified of charges, to remain
silent, to have an attorney, to cross-examine witnesses, and to
obtain a record of the hearings; and the rights of parents to
be informed when children are taken into custody.
grace
period - a short period (several days) after a rent payment is
due, during which a tenant may not be evicted for late payment.
grand
jury - a group of 16 to 23 registered voters selected to serve
for three-month periods. Their main responsibility is to decide
whether there is enough evidence to indict people accused of felonies.
They may also investigate the conduct of government agencies or
affairs, inspect government buildings, etc.
grounds
- legal reasons for a lawsuit (e.g., reasons that a court will
accept as valid for divorce) or for an appeal.
guarantor
- a person who promises to pay a debt if the debtor does not.
guardian
- an adult who has the legal responsibility for a child and/or
the child's property.
habeas
corpus petition - an appeal by a prisoner to be brought before
a judge to evaluate the lawfulness of the detention. Usually at
issue is whether the prisoner's fundamental rights were denied
him or her during the trial or sentencing phase of the criminal
justice process. This is a part of due process and is guaranteed
by the U.S. Constitution.
habitual
violator - a driver who has committed certain serious traffic
offenses multiple times (individually or in combination with others).
Once declared a habitual violator by the Department of Public
Safety, a driver will be treated in a much more severe manner
than would normally be the case for any further traffic offense.
hearing
- a proceeding in which arguments, witnesses, or evidence are
heard by a judge in order for the judge to make some decision
relative to the case. See adjudicatory hearing; dispositional
hearing; formal hearing; preliminary hearing; presentence hearing.
hearsay
evidence - testimony which is usually not admissible in an adult
trial because it is not based on the personal knowledge of a witness.
It is a repetition of another's statement and considered unreliable.
holding
facility - a place where prisoners are evaluated before being
transferred to a jail or prison.
homicide
- the killing of a person.
illegitimate
child - a child whose parents are not married to each other when
the child is conceived and do not marry later. Under Georgia law,
such a child is referred to as one "born out of wedlock."
immunity
- exemption from penalties or duties. For example, government
officials may have immunity for liabilities from losses or harm
caused by official actions.
implied
warranty - see statutory warranty.
incapacitation
- one of four philosophic viewpoints about the purpose of sentencing.
This viewpoint maintains that the purpose of punishing an offender
is to protect society from dangerous people who would break the
law.
incarceration
- the jailing or imprisoning of an offender.
incest
- sexual relations between members of a family or persons who
are too closely related to each other to be legally married. These
relationships are defined by the laws of consanguinity and affinity.
indefinite
sentencing - a system in which judges determine the appropriate
sentences for defendants found guilty in their courts. The sentences
must be within the range set for the crime(s) by the legislature.
In this system, the parole authority actually controls the amount
of time served.
indictment
- a formal accusation, usually of a felony, by a grand jury.
indigent
- a defendant too poor to afford an attorney.
informal
adjustment - this is like an informal short-term probation for
a juvenile delinquent or status offender. However, this treatment
option is determined before a formal petition or hearing occurs,
and is offered only to first or minor offenders who admit their
wrongdoing and have a good record.
injunction
- a court order to guard against future harms. It may stop or
require an action.
insanity
- a defense to a criminal charge which declares, in effect, that
the defendant may have committed the act, but was not responsible
for his or her behavior due to mental problems.
insurance
- see collision insurance; comprehensive insurance; liability
insurance; uninsured motorist insurance.
intake
- the first steps in the juvenile justice process.
intentional
tort - a deliberate act which damages a person or his/her property.
Many, but not all, intentional torts are also crimes.
interest
- one of the costs of credit; a percentage of the amount loaned
which is added to each payment to be made over a certain period
of time.
interrogatory
- a discovery technique. Written questions are sent by one party's
attorney to the attorney for the other party. They must be answered
in writing and under oath.
intestate
- having no will.
investigative
warrant - an electronic surveillance warrant. A document which
allows the police to gain evidence in a criminal case using a
wiretap or other eavesdropping methods.
jail
- a local government facility used for incarcerating persons generally
for no more than a year.
joint
custody - an arrangement in which parents share custody of a child
after a divorce. See custody.
judge
- the person who presides over a court and controls the conduct
of a trial.
jurisdiction
- (1) the authority of a court to re-solve a particular controversy.
This may be determined by geographic location, subject matter,
or persons involved in the case; (2) the area of authority of
a government. See personal jurisdiction; subject matter jurisdiction;
.
jury - see grand jury; trial jury.
jury
deliberation - the consideration that a jury gives when deciding
a case. Deliberation begins after the presentation part of the
trial ends. See verdict.
jury
panel - a group of local citizens chosen at random. Trial juries
are selected from this panel.
justification
- one of three general types of defenses against an intentional
tort. The defendant admits doing the acts complained of by the
plaintiff, but denies that the acts were wrong, claiming, instead,
that they were justified.
juvenile
- a person under the age of 18. Age determination used to decide
juvenile court authority in delinquency and unruliness cases as
well as in cases involving abuse and neglect.
juvenile
court - a court which hears cases involving juveniles. Every Georgia
county has a juvenile court with jurisdiction over children who
are delinquent, unruly, deprived, abused, or in need of treatment,
or who have committed a traffic offense.
labor
union - an organization which workers agree to allow to represent
them when dealing with the owners (management) of the company
for which they work. The two main types are craft unions for workers
in the same profession and industrial unions for workers in the
same industry.
landlady,
landlord - the owner of leased or rented property.
law
- all rights and duties that can be enforced by the government
(or one of its parts) as well as the means and procedures for
enforcing them. See administrative law; child labor laws; civil
law; common law; consumer law; criminal law; right-to-work laws;
statutory law; sunshine law; usury laws.
layoff
- when a worker is not given work or wages, usually temporarily,
because of a shortage of demand for the product. A laid-off worker
may sometimes collect unemployment compensation.
leading
question - a question which is phrased so as to suggest the desired
answer. It is not allowed on direct examination in court.
lease
- a contract to rent property.
legal
duty - an obligation which can be enforced by the government.
legal
right - a privilege which is guaranteed by the government.
legal
separation - an arrangement in which a married couple lives apart,
with terms set by court order. This is not a divorce and does
not end a marriage.
liability
insurance - a type of automobile coverage required by Georgia
law. When the insured person is at fault, this provides payment
of damages to other parties who suffered injuries or property
loss in the accident.
liable
- responsible for committing the tort and, therefore, for paying
damages.
libel
- the intentional tort of writing, printing, or broadcasting false
information damaging to someone.
licensing
and examining boards - commissions created by state governments
which set standards and qualifications for performing certain
services and certifying practitioners in certain professions (e.g.,
accounting, psychology, nursing).
lien
- a legal hold on property until some legal obligation is fulfilled.
limited
warranty - an incomplete warranty; one which offers less than
a full warranty.
litigation
- using the judicial process (from filing a lawsuit through appeal)
to solve a dispute.
loan
- the money borrowed from a bank, finance company, other lending
institution, or person under an agreement that it will be paid
back over a specific period of time.
local
government - the government of a city or county.
lockout
- a tactic used by an employer to force an agreement with a union.
The employer closes the workplace, suspending all wages.
long-arm
statute - a state law which allows a court to have jurisdiction
over cases involving, for example, products manufactured in another
state but used by a consumer in the court's jurisdiction.
magistrate
court - a Georgia trial court which hears relatively minor civil
claims and criminal pretrial proceedings.
malicious
prosecution - an intentional tort in which one person, with intent
to harm, causes another person to be arrested and prosecuted without
just cause.
marriage
- a legally enforceable agreement between a man and a woman to
be husband and wife. See ceremonial marriage; common law marriage.
marriage
license - a document issued by the judge of the probate court
which must be obtained before a formal marriage ceremony can be
performed.
mediation
- the process of solving a dispute through an impartial third
party who guides disputing parties in working out a solution.
meeting
of the minds - a requirement for a legal contract in which the
parties must know and understand what is expected of each.
minimum
wage - the least hourly amount that can be paid to employees whose
employers are subject to federal wage and hour laws.
Miranda
warning - a statement of the rights of a person in police custody
which are taken from the Fifth, Sixth, and Fourteenth Amendments
to the U.S. Constitution. The reading of these rights to a suspect
in custody before interrogation is a necessary part of due process.
See chapter 16.
misdemeanor
- a crime less serious than a felony. A misdemeanor carries a
maximum penalty of one year or less in jail and/or a fine of $1,000
or less. Examples are speeding and theft of less than $500.
mitigating
circumstances - circumstances surrounding the commission of a
crime which may reduce the blameworthiness of the defendant and
influence a judge to give a lenient sentence.
mitigation
- one of three general types of defenses against an intentional
tort. The defendant admits doing the act and that it was wrong.
But, he or she attempts to reduce the amount of damages by showing
good faith, a lack of malice, or lack of intent to cause harm.
mortgage
- a type of loan in which a house or real property is given as
collateral.
motion,
pretrial - see pretrial motion.
motion
for a change of venue - a request from an attorney to a trial
judge to change the location of a trial from one jurisdiction
to another.
motion
for continuance - a request from an attorney to a trial judge
to postpone a trial to allow for more time to prepare the case.
motion
to suppress evidence - a request from an attorney to a trial judge
to prevent the introduction of evidence that would damage that
attorney's side of the case.
natural
parent - see biological parent.
negligence
- an unintentional tort which occurs when loss or damage results
from a person failing to perform a legal duty or to exercise a
reasonable standard of care for others. See comparative negligence;
contributory negligence.
negotiation
- a method of resolving disputes in which the parties (or their
representatives) talk with each other to attempt to reach a compromise
(and, thus, a settlement) on the issues in dispute.
1983
suit - a civil rights lawsuit against a public official claiming
that the plaintiff's civil rights were violated as a result of
some government action. (So called because of the federal statute
in section 1983 of the Federal Code upon which such a suit would
be based.)
no
bill - the refusal of a grand jury to return an indictment against
a person accused of a crime.
no-fault
divorce - one in which neither party is held to be responsible
for the breakup of the marriage.
nolo
contendere - a Latin phrase meaning "I will not contest it."
This can be a defendant's formal answer in court to criminal charge(s).
In this answer, the defendant is not contesting the charge(s),
but is not admitting guilt. Often used in cases where a fine but
not jail is likely.
notice
- a basic element of due process which involves informing a person
that the government may act to take away his or her life, liberty,
or property. Also, a requirement in civil law that each party
keep the other informed of any actions taken.
nuisance
- an intentional tort involving continued inconvenience to persons
and/or their property.
obscene
material - material not protected by the First Amendment because
it appeals to the prurient interest, depicts sexual conduct in
an offensive way, and lacks serious literary, artistic, political,
or scientific value.
Official
Code of Georgia Annotated (O.C.G.A.) - compilation of all of Georgia's
statutory law. The code is divided into titles according to subject.
open-end
credit - credit in which the borrowed amount is not fixed, such
as in credit card purchases. Sometimes called revolving credit.
opening
statement - a brief introduction to the case given by the attorneys
for each side at the start of a trial.
ordinance
- a law created by a local (city or county) government.
overtime
- work hours in excess of 40 per week. Workers are often paid
a higher hourly wage for this extra work.
parole
- supervised release from prison before the sentence has been
completed.
parties
- (1) persons involved in committing a crime; (2) opponents in
a lawsuit; (3) persons having obligations in a contract.
part-time
work - working less than 40 hours per week.
pension
- an arrangement for paying a worker after retirement, generally
based on the worker's income and length of service with the employer.
peremptory
strike - in the pretrial jury selection, an attorney's dismissal
of a potential juror without stating a reason.
periodic
tenancy - a lease for a definite length of time. As opposed to
a tenancy-at-will.
personal
jurisdiction - a court's authority to act with respect to the
parties before it.
personal
property - all types of property, tangible or intangible, except
real property.
petit
jury - see trial jury.
petition,
right of - the right of individuals to seek access to all government
officials and agencies, as specified in the First Amendment to
the U.S. Constitution.
plain
view doctrine - a rule that the police, when acting without a
search warrant, can only seize those items in sight of the officer(s).
plaintiff
- the party initiating a civil lawsuit.
plea
bargaining - negotiations between a defense attorney and prosecutor
in which a defendant pleads guilty in exchange for a lesser charge
or sentence.
pleadings
- the documents which form the factual and legal issues to be
determined in a civil trial; e.g., the plaintiff's complaint and
the defendant's answer.
police
powers - the authority behind many state and local government
laws to ensure the public health, safety, and well-being.
power
of the state - a court's authority to require one party to perform
a legal duty.
precedent
- a rule of law established by a court decision and applied in
deciding similar cases.
preliminary
hearing - a pretrial proceeding held to determine whether there
is probable cause in a criminal case.
preliminary
proceedings - the first part of the criminal trial process. It
consists of booking, initial appearance, preliminary hearing,
indictment, and arraignment.
prenuptial
agreement - rights and duties regarding marriage and possible
divorce or property settlements that a couple agrees to before
marriage.
presentence
hearing - A hearing that may be scheduled after a jury has found
a defendant guilty and before sentencing. This allows time for
a presentence investigation.
presentence
investigation - research about a defendant who is found guilty.
Compiled by a probation officer, this might include aggravating
or mitigating circumstances, criminal record, background, and
community status of the defendant.
pretrial
motion - a request from an attorney to a trial judge to suppress
evidence, postpone the case, change the location of the trial,
etc.
principal
- the original sum of money borrowed in a loan.
prison
- a state-operated facility designed to confine adult offenders
sentenced to a year or more.
probable
cause - reasonable grounds (sufficient evidence) to make an accusation.
probate
court - a Georgia trial court of limited jurisdiction. It has
authority to probate wills, handle the estates of those who die
without wills, appoint guardians, issue marriage licenses, etc.
probation
- a sentence releasing an offender into the community under the
supervision of a probation officer.
property
- see personal property; real property.
property
ownership - having rights in property that are superior to anybody
else's.
prosecution
- the party bringing a criminal case against a defendant; the
government.
prosecutor
- the government's attorney in a criminal case. In superior courts,
the district attorney or DA.
proximate
cause - an act which caused or led to an injury and without which
the injury would not have happened.
public
housing - government owned and operated housing for low-income
persons. All or part of the rent for this housing is paid by the
government.
Public
Service Commission (PSC) - a state government board which regulates
privately owned companies supplying energy, communications, and
transportation to the public.
puffery
- advertising claims which exaggerate the good points of a product.
These are legal because they concern matters of opinion, not fact.
pure
democracy - a type of government in which all of the citizens,
rather than their elected representatives, decide upon the laws.
See representative democracy.
Pure
Food and Drug Act - the first major bill (1906) to protect consumers
in the United States. It established standards for labeling food,
liquor, and medicine.
question
of fact - an issue concerning the facts of a case, such as whether
the defendant did actually commit the act charged.
question
of law - an issue concerning the legal procedures or principles
which apply to a case.
rational
basis - a reasonable relationship between the purpose of a law
and any classification of people that the law establishes and/or
applies to.
real
estate broker - also called real estate agent; the person who
brings the buyer and seller of real property together to negotiate
the sale.
real
evidence - tangible items used to prove or disprove a point in
a trial. This is one of two principal types of evidence in a trial.
real property - land and whatever is attached to or growing on
it, such as houses or crops.
recidivism
- the repetition of criminal behavior by a person previously convicted
of a crime.
redirect
- additional questioning of a witness by the attorney who called
the witness. It follows cross-examination of the witness by the
other attorney or comes at the close of one side of the case.
reform
school - a prison for juveniles. In Georgia, this term is no longer
officially used. See Regional Youth Development Center; Youth
Development Campus.
Regional
Youth Development Center (RYDC) - a short-term facility for incarcerating
juveniles convicted of committing delinquent acts. These facilities
may also be used to detain juveniles charged with delinquency
until a hearing.
rehabilitation
- one of four philosophic viewpoints about the purpose of sentencing.
This viewpoint maintains that the purpose is to change a person's
criminal behavior to socially desirable conduct.
reject
for cause - in the pretrial jury selection, to dismiss a potential
juror for some reason, such as a relationship with a party in
the case.
release
on recognizance (ROR) - a pretrial release in which the defendant
signs a promise to appear for trial but does not have to post
bail.
repossession
- a legal method for the creditor to reclaim an item used as collateral
if the debtor fails to repay the debt.
representative
democracy - the type of government existing in the United States,
in which representatives are elected by the people to make laws.
request
for production - a pretrial discovery technique in which one attorney
asks the opposing attorney to make certain documents available
for inspection.
restitution
- a court requirement that an offender pay money or provide services
to the victim of the crime or provide services to the community.
retribution
- one of four philosophic viewpoints about the purpose of sentencing.
This viewpoint maintains that the purpose is to gain revenge for
the harm for which the criminal is responsible. The biblical concept
of "an eye for an eye and a tooth for a tooth" illustrates
this viewpoint.
right
- see constitutional right; fundamental right; legal right; visitation
rights.
right-to-work
laws - state laws that prohibit collective bargaining agreements
that require all workers to join a union. A minority of states,
including Georgia, have such laws.
ROR
- see release on recognizance.
RYDC
- see Regional Youth Development Center.
search
warrant - a document issued by a judge which authorizes a police
search at a specified location for a certain item and the seizure
of that item.
secured
credit - a debt which has been guaranteed by a third party or
secured with collateral.
security
deposit - a sum paid to the owner of rental property by the tenant
before moving in. It is to be returned when the tenant moves out
unless it is needed to pay for any damages beyond normal wear
and tear caused by the tenant.
security
interest - a creditor's right to reclaim collateral to pay a debt
should the debtor default.
self-defense
- a justification for an act that would otherwise be a crime.
The person committing this act reasonably believed that it was
necessary to protect self or property from immediate danger.
sentence
- the penalty imposed by a court upon a person convicted of a
crime.
separation
- see legal separation.
separation
of church and state - the constitutional principle prohibiting
the government from promoting or discriminating against any religion.
settlement
- a mutual agreement between two sides in a lawsuit that ends
the dispute before the case is decided in court; an agreement
settling financial and other matters in a divorce.
shelter-care
facility - a short-term facility that provides temporary care
for juveniles in a physically unrestricted environment.
slander
- a spoken expression about a person which is false and damages
that person's reputation.
Social
Security - a U.S. government insurance plan. Every person who
contributes to this plan during working years collects payments
after retirement or if disabled. Benefits are paid to dependents
if contributor dies.
standard
of care - a measurement used by a court in a negligence case to
determine a person's responsibility with regard to keeping others
from harm. It is determined by comparing an act with the imaginary
conduct of a reasonable and prudent person.
stare
decisis - the principle whereby a previous court decision must
be applied to another case when the facts are similar.
state
court - a Georgia trial court created to lessen the load of superior
courts. It has jurisdiction over misdemeanors and many civil disputes.
status
category - a group of people who have historically experienced
discrimination because of characteristics beyond their control,
such as race, old age, or gender. See suspect classification.
status
offense - an act such as truancy, disobedience, or running away,
which is only an offense when committed by a juvenile.
statutory
law - laws made by representatives elected to the legislative
branch of government.
statutory
warranty - a warranty imposed on a transaction by law. Statutory
warranties include the warranties of title, merchantability, and
fitness. Also called implied warranty. See warranty.
strict
liability - a legal responsibility for injuries or damages even
if the fault was not through negligence or intentional conduct.
strict
scrutiny - a test to determine whether a governmental action affecting
the fundamental rights of certain people or classifying them in
a "suspect" way is constitutional.
strike
- a tactic used by employees to force an agreement between union
and employer. The workers refuse to work, often forming a picket
line in front of the workplace to discourage anyone from entering.
subject
matter jurisdiction - a court's power to act with respect to the
kinds of issues involved in the dispute.
summons
- a written order issued by a judge requiring a person to appear
in court.
sunshine
law - a law which requires governments to hold open meetings when
official actions (other than those involving personnel matters)
are to be taken.
superior
court - a Georgia trial court with general jurisdiction. It has
exclusive jurisdiction over certain cases including felony and
divorce cases and can hear appeals from lower courts.
suspect
classification - a group of people which is identifiable, shares
an unchangeable characteristic, and has a history of prejudice
against it. Under the Fourteenth Amendment's equal protection
clause, laws which discriminate purely on the basis of these classifications
are unconstitutional.
symbolic
speech - an act which is protected by the First Amendment to the
U.S. Constitution because it has the same intent as speech; e.g.,
protesting by flying the flag upside down or wearing an armband.
tenancy-at-sufferance
- the situation when a tenant remains in possession of the premises
after the term of the lease runs out. The tenant may stay only
so long as the landlord allows.
tenancy-at-will
- a lease for an indefinite period of time.
tenancy,
periodic - see periodic tenancy.
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