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HANDBOOK OF LEGAL TERMS (A–L)
INTRODUCTION
The Handbook of Legal Terms is produced by the Michigan Judicial Institute
to meet the needs of those employees of the court system who are not
legally trained, yet work with the law and court procedures. Since this
Handbook is designed for non-legal personnel, the definitions are written
in plain English rather than in complicated legal terms.
It is the product of hundreds of interviews and the analysis of survey
questionnaires completed by many court employees in 1976, and has been
periodically updated with the assistance of judges, SCAO staff and other
court officials. It has been prepared at the request of judges, court
administrators and other court supervisory personnel.
The Michigan Judicial Institute wishes to thank the countless court
employees who participated in the preparation of this booklet, and hopes
that the Handbook will be a useful reference.
This project was initially supported by a grant awarded by the Michigan
Office of Criminal Justice Programs under the Crime Control Act of 1976.
It was updated and revised prior to the third printing in 1989. Additional
revisions were made prior to the seventh printing.
A
Abate — To reduce, or diminish or defer a cause of action.
Abrogate — To annul, repeal, or destroy a former law,
rule, or order.
Abstract of Conviction — Summary of the court's finding
on a moving violation. This term commonly refers to the form that the
courts prepare and send to the Michigan Department of State.
Abstract of Record — An abbreviated or partial record.
Abstract of Title — A condensed history of the chain of
title to land, used to determine or establish present ownership.
Accessory — One who knowingly and intentionally contributes
to or aids in the commission of a crime, before or after, but not necessarily
during, the commission of a crime.
Accomplice — One who participates in the commission of
a crime, other than the person actually doing the act constituting the
crime.
Acquit — To find not guilty and set free.
Acquittal — A judgment of not guilty in a criminal case.
Action — A legal dispute brought before a court. An "action"
is also referred to as a "case," "lawsuit," "cause of action," or "cause."
Active Case — Pending case; not disposed of.
Ad Damnum — The amount of the plaintiff's claim of damages
in a civil case.
Ad Valorem — According to the value. For example, an
ad valorem tax on an automobile is one where the amount of tax depends
on the automobile's value.
Additur — The power of the trial court to increase the
amount of an award made by jury verdict as an alternative to granting
a new trial.
Adjourn — To suspend indefinitely, or until a later stated
time.
Adjournment — The postponing or putting off of a case
or session of court until another time or place.
Adjudicate — To determine judicially.
Adjudication — The final judicial determination of a case
by a finding of guilt or innocence by a trial court in a criminal case
or the giving of a judgment or a decree in a civil case.
Administrative Agency Regulations — Rules adopted by an
administrative agency (such as the Department of State or the Department
of Natural Resources) to govern matters under the jurisdiction of the
agency.
Administrative Orders — Orders issued by the Michigan
Supreme Court to regulate court procedures.
Administrator —
- The chief administrative officer of a court (usually "court administrator").
- A person appointed by a court to administer the estate of a deceased
person. Under the Michigan Revised Probate Code, this person is referred
to as a "personal representative" (if acting with court supervision),
or an "independent personal representative" (if acting without court
supervision). A female administrator is called an "administratrix."
See also Fiduciary, Independent Personal Representative, Michigan
Revised Probate Code, Personal Representative.
Administrator De Bonis Non — In cases where the administration
of a decedent's estate is left unfinished due to the death, removal,
or resignation of the personal representative, a court may appoint a
new personal representative to complete the administration of the estate.
In some jurisdictions, the new personal representative is called the
"administrator de bonis non." Under the Michigan Revised Probate Code,
this person is referred to as a "successor personal representative."
See also Michigan Revised Probate Code.
Adoption — The act by which a person takes the child
of another into his or her family and makes the child, for all legal
purposes, his or her own child.
Adult — Someone who is no longer a minor. In criminal
cases, an adult is someone age 17 or older. See MCL 712A.2(a). In most
other proceedings, an adult is someone age 18 or older. See MCL 700.8(5).
See also Minor.
ADR — See Alternative Dispute Resolution.
Adversary Proceedings — An action contested by opposing
parties.
Adverse Possession — A method of acquiring title to land
by possession under a claim of right for a prescribed period of time
without receiving a valid deed or conveyance from the legal owner.
Affiant — One who, being sworn, makes and signs an affidavit;
a deponent.
Affidavit — A written statement of fact that is verified
by oath or affirmation.
Affinity — The relationship that exists as a result of
a marriage, between a wife and her husband's relatives, or a husband
and his wife's relatives, as distinguished from relationship by blood.
Affirmation — A solemn and formal declaration that a statement
is true. In certain cases, an affirmation may be substituted for an
oath. See also Oath, Verification.
Agent — Someone authorized to act for another person.
The other person is known as the "principal." See also Principal.
Alias Summons — A second or subsequent summons issued
after the originally issued summons expires without being served.
Alimony — See Spousal Support.
Allegation — A declaration, assertion, or statement of
a party to a lawsuit, made in a pleading, and setting out what the party
intends to prove.
Alternative Dispute Resolution ("ADR") — Resolving a
dispute without litigating it in a court. For descriptions of specific
means of alternative dispute resolution, see Arbitration, Conciliation,
Mediation.
Amicus Curiae — One who is not a party to a case but who
is interested in or affected by its outcome and is allowed by the court
to introduce argument or evidence to assist the court in deciding the
case.
Ancillary — That which is part of but subordinate to
some other proceeding.
Ancillary Administration — Administration of an estate
in another jurisdiction where a decedent had property but where the
decedent did not live.
Ancillary proceedings — A proceeding which is subordinate
to the primary action.
Ancillary suit — A lawsuit growing out of and supplementary
to another suit, i.e., a suit seeking enforcement of a judgment.
Annotations — Brief summaries of cases interpreting statutes.
These summaries are found in annotated compilations of statutes. See
Michigan Compiled Laws Annotated, Michigan Statutes Annotated.
Annul — To make void or of no effect. To annul a judgment
or judicial proceeding is to deprive it of all force and authority.
Annulment — A court order declaring that a marriage or
other agreement or contract was invalid or not legal.
Answer — The legal paper in which the defendant answers
the claims of the plaintiff in a lawsuit.
Antenuptial — Made or done before marriage. Usually an
agreement regarding how property is to be distributed upon the death
of one of the marriage partners.
Appeal — A request to a higher court to change the judgment
of a lower court.
Appeal by Application or Leave — An appeal where permission
must be obtained from the higher court before the appeal may be filed.
Appeal by Right — An appeal to a higher court where permission
does not first have to be obtained.
Appeal Record — The record sent by the trial court of
what happened at the trial court. Must be either a copy of the court
record and transcripts or a settled record.
Appearance —
- Coming into court: the formal act by which a defendant submits
to the jurisdiction of a court.
- Document identifying one who is representing himself or another.
An attorney files an "appearance," making it known to the court and
the other parties that (s)he is representing a specific individual.
Appellant — In a case on appeal, the party appealing a decision
or judgment to a higher court.
Appellate Court — A court which reviews lower court decisions,
generally on the record of the lower court. Cases from the district
courts are appealed to the circuit court. Cases from the circuit court
are appealed to the Court of Appeals. Cases from the probate court are
appealed to either the circuit court or the Court of Appeals depending
upon the type of case. A limited number of cases may also be appealed
to the Michigan Supreme Court .
Appellee — In a case on appeal, the party who did not
appeal the lower court's decision.
Application — Placing a request or petition before the
court. The act of making the request.
Application for Leave to Appeal — A document requesting
the appellate court to hear a party's appeal from a judgment when the
party has no appeal of right or the time limit for an appeal of right
has expired. An "application for leave to appeal" must be made if one
wishes to have the court consider one's appeal where there is no appeal
of right. The Court has final discretion to accept or reject an application.
Arbitration — A form of alternative dispute resolution
under which the parties agree to have a neutral third party or a neutral
panel resolve their dispute. The parties are generally bound by the
arbitrator's decision.
Arraign — To bring a person charged with a crime before
the court for the purpose of informing him or her of the charges, appointing
counsel if necessary, setting bail, making pretrial motions, and taking
a plea to the charges.
Arraignment — In a criminal case, a pretrial court hearing
at which the defendant is informed of the charges against him or her,
is appointed counsel if necessary, and is permitted to plead to the
charges. Pretrial motions may be made, and bail is set.
Arrearage — Money which is overdue and unpaid; usually
child support.
Arrest warrant — An order issued to a peace officer by
a judge or magistrate, requiring the arrest of a named person. Assets
—
- Generally, all property belonging to a person, corporation, or
estate that may be used to pay his/her/its debts.
- In probate matters, all of the property available to the personal
representative for payments of debts, charges, and expenses, and for
distribution to the parties who are entitled to it.
Assignment —
- Assignment of Cases: the system or method that a court used to
assign cases to the judges of the court.
- Assignment of Counsel: refers to the appointment of attorneys for
indigent criminal defendants.
- Assignment of Judges: the function performed by the State Court
Administrative Office in assigning judges to the various courts to
handle vacancies caused by vacations, illness, etc., or to help reduce
the number of cases pending in a court.
Attachment — The act of seizing a person or property
under the authority of a judicial order so that the person or property
is before the court, subject to its judgment.
Attest, Attestation — Signing as a witness to the execution
of a written document.
Attorney — A lawyer; a person admitted to legal practice
in a state who is qualified to represent the legal interests of another
person.
Attorney in Fact — The attorney acting in a fiduciary
capacity under a "power of attorney." See Power of Attorney.
Attorney of Record — The attorney named in the records
or file of a case who bears the responsibility for the handling of the
case on behalf of the party he or she represents.
Authenticated — Certification of original or copy of recorded
document.
Automatic Waiver — See Waiver of Jurisdiction.
Averment — Something alleged or asserted in a pleading.
See also Allegation.
B
Backlog — Total inventory of cases at issue (in civil
cases) or defendants arraigned (in criminal cases) and awaiting trial.
Bail — A method of pretrial release of an accused person
by means of having the accused or someone on his or her behalf deposit
money with the court or agree to pay a certain amount (post security)
to insure his or her appearance at later proceedings, such as trial.
Bail Bond — A financial obligation signed by the accused
and those who serve as sureties to guarantee his or her future appearance
in court.
Bailiff — A court employee who maintains order in the
courtroom and who is responsible for the custody of the jury, among
other functions.
Bench Trial — Trial of a case held before a judge sitting
without a jury.
Bench Warrant — An order issued by the court, ("from the
bench") for the arrest of a person for violating a court order. See
capias.
Beneficiary —
- One who receives benefits under a trust or a will.
- The person who is entitled to receive payments under an insurance
policy.
Bequeath — To give personal property by a will. This term
has been replaced by the term "devise" under the Michigan Revised Probate
Code. See Devise, Michigan Revised Probate Code.
Bequest — Former term used for gift of personal property
by a will. Under the Michigan Revised Probate Code, now called a "devise."
See Devise, Michigan Revised Probate Code.
Bind — To create a legal obligation upon one's self or
upon another.
Bind Over — To hold for trial; a finding at a preliminary
examination that sufficient evidence exists to require a trial on the
charges made against the defendant
Bond — A promise or contract to do or perform a specified
act(s) or to pay a penalty for failure to perform, usually guaranteed
by a "surety" who promises to pay if the "principal" defaults, or by
deposit of money as a "cash bond." Means basically the same as "bail"
on criminal cases; contract to pay; security. A contract to pay when
another person defaults — a surety. A contract to act as surety
and to pay where the principal defaults. It is given by public officers
to guarantee honest and faithful performance of their official duties
while in office.
-
If the principal defaults, the surety has to pay, and the surety
can then collect from the principal. Not the same as insurance.
Brief — A written argument submitted to the court by counsel
setting forth facts and/or law supporting his or her client's case.
Burden of Proof — The duty to prove a fact or facts in
dispute. In criminal cases, the prosecution must prove its case "beyond
a reasonable doubt." In most civil cases, the plaintiff must prove its
case by a "preponderance of the evidence."
C
Calendar — A list of all pending cases, or all pending
issues ready for trial in court. A court's complete trial (etc.) schedule.
Often used interchangeably, but improperly, with "docket."
Calendar Audit — Review of status of all cases on active
lists. The audit might result in the removal of cases from the calendar
and identification of cases which have been delayed excessively.
Canons of Ethics — A document outlining the professional
responsibilities and goals of doctors, lawyers, judges, etc. In Michigan,
the canons for judges are found in the Code of Judicial Conduct. Canons
for lawyers are found in the Michigan Rules of Professional Conduct.
Capias — A bench warrant, issued when a defendant does
not appear in court when required to do so; court-issued warrant for
arrest.
Case — A legal dispute brought before a court. A "case"
is also referred to as an "action," "lawsuit," "cause of action," or
"cause."
Caseflow — The management of cases through the court;
the passage of cases through the court system. (Ideally cases are to
"flow" through the judicial process in a smooth, orderly manner, hence
the name "caseflow").
Caselaw — Published decisions issued by appellate courts
in particular cases. The legal principles announced in these decisions
are binding authority for lower courts.
Caseload — The number of cases a judge handles in a specific
time period.
Cause of Action, Cause —
- A legal dispute brought before a court, also referred to as an
"action," "lawsuit," or "case."
- The right to judicial relief, also referred to as a "claim."
Certification — As pertains to mental health: The written
conclusion and statements of a physician that an individual is a person
requiring treatment together with the information and opinions in reasonable
detail which underlie the conclusion.
Certified Copy — A copy of a document, order or record
of the court, or other public office, signed and certified as an exact
duplicate by the officer of the court having custody of the original.
Certify — To vouch for something in writing; to put in
writing a statement. To attest in writing to the authenticity and accuracy
of a written instrument or document, or a copy of it.
Certiorari — An order by an appellate court directing
a lower court to certify and forward the record of a case for judicial
review for legal error. This term is obsolete in Michigan.
Challenge —
- To ask that a member of the jury panel be excused.
- To question or dispute an action.
Challenge for Cause — To ask that a member of the jury
panel be excused because there appears to be a specific reason, set
out in the court rule, that one is not legally qualified to act as a
juror in this case.
Challenge to the Array — To question the qualifications
of an entire panel summoned for jury duty, usually because of alleged
partiality or some deficiency in the manner by which the panel was selected
and summoned.
Change of Venue — A transfer or removal of a case to a
court of another territorial location and jurisdiction, either because
it should have been commenced there in the first place, or for the convenience
of the parties or witnesses, or because a fair trial cannot be had in
the original court location.
Charge to the Jury — A judge's instructions to the jury
which contain information about the laws which relate to the issues
to be decided in a case.
Chattels — Personal property as opposed to real property.
Chief Judge — In all trial courts one judge is selected
by the Michigan Supreme Court as chief judge. The chief judge represents
the court in its relations with other agencies and the public. In addition
the chief judge is the director of the administration of the court.
See MCR 8.110.
Child Abuse — Mistreatment of a minor by an adult legally responsible
for the minor.
Child Born Out Of Wedlock —
- A child born to a woman who was not married from the date of conception
to the date of birth; or,
- A child who the court has determined to be born or conceived during
a marriage but who is not a child of the marriage. See MCL 722.711(a).
Child Care Fund — State funds used to reimburse counties
for part of the expenses incurred in providing foster care and other
services to children under the jurisdiction of the family division of
the circuit court.
Child Care Rules — The administrative rules for the care
of children in foster care.
Child Custody — The responsibility to care for and exercise
control over a child. Child custody may be awarded incident to a domestic
relations proceeding. See Domestic Relations Action.
Child Neglect — The failure of a parent, guardian, or
custodian of a minor to provide the minor with proper or necessary support,
education, medical care, or physical care; also, the failure to provide
a fit home environment for the minor.
Child Protective Proceedings — Proceedings in the family
division of the circuit court regarding children under age 18 who are
abused or neglected. See MCL 712A.2(b).
Child Support — In domestic relations cases, ongoing payments
made by a parent to meet the financial needs of that parent's child,
including medical, dental, educational, and child care expenses. See
also Support Order.
Child Support Formula — Factors used by the Friend of
the Court and the Prosecuting Attorney when recommending an appropriate
amount of child support. Both the non-custodial and custodial parent's
income are factors considered in the determination of child support
under the formula.
Children's Protective Services ("CPS") — A division in
the Office of Children's Services in the Family Independence Agency.
Children's Protective Services workers investigate reports of suspected
child abuse or neglect. They can also provide services to families in
an effort to prevent abuse or neglect. See the Child Protection Act,
MCL 722.622 et seq.
Circuit Court — The trial court of general jurisdiction
in Michigan. The following cases are heard in circuit court: felony
trials; civil lawsuits seeking injunctions, equitable relief, or damages
in excess of $25,000; domestic relations matters; adoptions; child protection
proceedings; juvenile delinquency proceedings; emancipation of minors;
waiver of parental consent to an abortion; personal protection orders;
name changes; and, guardianships or conservatorships arising out of
protective proceedings, delinquency proceedings, or domestic relations
custody cases. Each circuit court has superintending control over the
district and probate courts in its circuit. See also Adoption, Conservator,
Domestic Relations Action, Child Protective Proceedings, Emancipation,
Equity, Family Division of Circuit Court, Felony, Guardian, Injunction,
Juvenile Delinquency Proceedings, Personal Protection Order, Superintending
Control.
Circuit Court Misdemeanor — Includes any offense which
the statute designates as a misdemeanor which is punishable by more
than one year imprisonment. It is processed in circuit court exactly
like a felony.
Citation —
- The court copy (original) of the "traffic ticket" is the citation,
and also serves as the original complaint in the case.
- Also can be reference to an authority (such as case or statute),
that supports a statement of law or from which a quotation is taken.
Citations occur most frequently in briefs.
Citators — Books or services which provide, through letterform
abbreviations or words, the judicial history and interpretation of reported
decisions, and information as to cases and legislative enactments construing,
applying or affecting statutes.
Civil Actions or Lawsuits — Generally, non-criminal cases
concerning the claim of one private individual against another.
Civil Contempt — See Contempt of Court.
Civil Infraction — An act or omission prohibited by law
which is not a crime, for which civil sanctions may be ordered. Many
traffic violations are classified as civil infractions.
Civil Infraction Determination — A decision whether a
person is responsible for a civil infraction by one of the following:
- An admission of responsibility for the civil infraction.
- An admission of responsibility for the civil infraction with an
explanation.
- An informal hearing or formal hearing.
- A default judgment, for failing to appear at a scheduled informal
or formal hearing.
Civil Infraction Formal Hearing — A hearing conducted
only by a district court judge involving the police officer, defendant
and all witnesses. Defendant may be represented by an attorney and a
prosecutor must be present.
Civil Infraction Informal Hearing — A hearing conducted
by a district court magistrate or judge involving the police officer,
the defendant and any witnesses, held without a prosecutor or defense
attorney. The determination may be appealed to a formal hearing.
Civil Infraction Sanction — The penalty imposed upon a
person found responsible for a civil infraction; such as the assessment
of fine and costs, mandatory attendance at a corrective program such
as driver's training program, drug or alcohol abuse program.
Civil Law — Laws regarding the establishment, recovery,
or redress of private and civil rights.
Claim —
- The right to judicial relief, also referred to as a "cause of action."
See Cause of Action.
- A creditor's right to payment from a decedent's estate that arises
at or before the decedent's death, including the decedent's funeral
and burial expenses.
- A creditor's right to payment from the estate of a minor, legally
incapacitated person, disappeared person, or ward.
- Contingent Claim — A claim for expenses not yet
incurred that is dependent on some future event that may or may
not happen.
- Tardy Claim — A claim filed after the date for
the final presentation of claims.
Claim and Delivery — A civil action to recover: 1) property
unlawfully taken or held by another; and, 2) damages sustained by the
unlawful taking or retention. See MCR 3.105. An action for claim and
delivery is also known as an action for Replevin.
Claim of Appeal — The form or paper that is filed indicating
an appeal is being taken. The original is filed with court where appeal
is going to take place and copy with trial court.
Claimant — One who has a claim to or makes a claim to
something.
Code — A grouping of statutes, relating to a particular
subject matter and arranged in classified order. Usually created by
enactment of a new statute by the legislature embodying all the old
statutes relating to the subject and including changes necessitated
by court decisions. In some cases, the change would result in a new
statutory concept. For examples, see Juvenile Code, Mental Health Code,
Michigan Revised Probate Code.
Codicil — A legal document made after a will that modifies
the will.
Collateral — Money or goods given to secure payments of
a debt (civil law) or to insure appearance in court (criminal law).
Collateral Matters — Matters related to but not legally
relevant to the question before the court.
Commit — The act of sending a person to a prison, reformatory,
mental hospital or other facility, pursuant to a court order.
Commitment — The order by which the court directs:
- The sending of a person to a prison or jail in execution of sentence.
- The sending of a person to a hospital because of a mental disorder.
Common Law — A system of laws which has evolved from early
days to the present consisting of old and accepted customs, precedents
and court decisions, old English statutes and other unwritten but accepted
standards. Common law is the foundation for the legal system in every
state of the United States except Louisiana. In Michigan, the common
law is still in effect except where it has been modified or repealed
by statute.
Common Pleas Court — This Court was abolished in 1981
and merged into the 36th District Court. It was a court in the City
of Detroit that had exclusive jurisdiction over civil cases involving
claims up to $5,000 and concurrent jurisdiction with Wayne County Circuit
Court over civil cases involving claims up to $10,000.
Competency — The presence of those characteristics, which
make a witness legally fit and qualified to give testimony in court
— applied, in the same sense, to documents or other written evidence.
Competent — Legally sufficient, relating primarily to
evidence and witnesses in a court action, i.e., competent to stand trial.
Complainant — In a civil case, one who makes a complaint,
often referred to as the "plaintiff." In a criminal case, the one who
instigates the prosecution, also referred to as the "complaining witness.
Complaint — In a civil lawsuit, the first paper filed
with the court in which the plaintiff gives the reasons for the suit.
A complaint in a criminal action is a written accusation (under oath
or upon affirmation) that a felony, misdemeanor, or ordinance violation
has been committed and probable cause exists that the named person is
guilty of the offense.
Conciliation — A form of alternative dispute resolution
in which a "conciliator" uses mediation principles to assist the disputing
parties in reaching an agreement. A conciliator may prepare a recommendation
for the court if the parties are not able to agree; this recommendation
may become the court's order unless one of the parties objects. See
Mediation.
Concurrent Jurisdiction — The authority of multiple courts
to hear the same type of case at the choice of the litigants.
Concurrent Sentences — Sentences of imprisonment served
simultaneously in cases where a criminal defendant is convicted of more
than one offense and sentenced to separate terms of imprisonment for
each offense. The defendant is entitled to release from prison at the
expiration of the longest term specified. In Michigan, sentences must
always be imposed to run concurrently absent specific statutory authorization
to the contrary. See also Consecutive Sentence.
Concurring Opinion — An opinion written by an appellate
judge who agrees with the decision reached in a case on appeal, but
who would base this decision on reasons different from those expressed
by the majority of judges considering the case. See also Dissenting
Opinion, Majority Opinion.
Condemnation — The process by which private real estate
is taken for public use without the owner's consent but with just compensation,
pursuant to a court order — a forced sale for public use.
Destruction ordered for public health or safety. In such cases, there
is no taking for a public use and thus there is no compensation.
Confession — A statement by person, either oral or written,
admitting that he committed a certain offense. The statement must include
all of the elements of the offense, or it is not a confession but an
admission. An oral or written statement is not necessarily a confession.
Consanguinity — A relationship created by blood; persons
who descend from a common ancestor.
Consecutive Sentence — In cases where a criminal defendant
is sentenced to separate terms of imprisonment for multiple offenses,
a consecutive sentence is one that will be served after another sentence
has expired. In Michigan, a consecutive sentence may only be imposed
if there is specific statutory authorization to do so. See also Concurrent
Sentences.
Consent Calendar — A schedule of informal hearings involving
a child in which it appears it will serve the best interests of the
child and society, with the consent of the child and all interested
parties, to hear the case informally. The schedule or calendar upon
which such informal hearings are placed is called the "consent calendar."
Conservator — Under the Michigan Revised Probate Code,
a person with the legal duty and power to manage and protect the estate
of another individual who:
- Is under age 18; or,
- Is a legally incapacitated person.
See also Estate, Guardian, Legally Incapacitated Person, Michigan
Revised Probate Code, Protected Person, Ward.
Conspiracy — An unlawful agreement to commit a crime
or do a lawful act in an illegal manner. Conspiracy is a crime in Michigan.
Contemnor — One who commits an act in contempt of court.
Contempt of Court — An act or failure to act that violates
a court order, impedes the functioning of the court, or impairs the
authority of the court. Contempt may be "direct" (i.e., in the immediate
view and presence of the court), or "indirect" (i.e., outside the immediate
view and presence of the court). Contempt of court is subject to civil
or criminal contempt sanctions, both of which can involve fines and/or
jail terms. Civil contempt sanctions are generally imposed to compel
a contemnor to comply with the court's directives. Criminal contempt
sanctions are generally imposed to punish past misconduct.
Continuance — Postponement of an action pending in court.
See adjournment.
Contract — An agreement between two or more parties to
do or not do a particular thing. The agreement may be stated in an oral
or written exchange of promises or implied by the parties' actions.
Conversion — The wrongful exercise of the right of ownership
or control over goods which belong to another.
Convey — To transfer title to property; to transport,
carry; to make known, communicate.
Conveyance —
- The transfer of a title to property from one person to another.
- The instruments in writing (documents) which effect the transfer
of title.
Convict —
- To find or adjudge guilty of a criminal offense.
- One who has been convicted of a criminal offense.
Corpus Delicti — The body of the crime. That which the
prosecutors must prove (that a crime was committed) before introducing
a confession or admission into evidence.
Counsel — An attorney; one who gives advice, especially
legal advice.
Counterclaim — In a civil lawsuit, a claim that the defendant
asserts against the plaintiff. See MCR 2.203(C) and Claim.
County Agent — An officer of the juvenile court who serves
under the supervision of a family division judge to organize, direct
and develop the child welfare work of the court. Also known as a "juvenile
officer." See MCL 712A.8.
Court of Appeals — The Michigan court in which appeals
from the probate courts, court of claims, and circuit courts are heard
and decided. See MCL 600.308.
Court of Claims — Has the authority to hear only claims
against the State of Michigan. As a general rule, a state cannot be
sued without its consent. Michigan granted that consent by establishing
the Court of Claims, which has jurisdiction over claims above $100,
except where the circuit court has jurisdiction. Since 1979 the Court
is administratively housed within the Ingham County Circuit Court.
Court Congestion — An accumulation of cases impeding the
timely movement of those cases through the judicial process.
Court of Record — A court whose proceedings are by law
permanently recorded by a public officer other than the judge; they
have the power to fine or imprison for contempt. Courts not of record
have less authority and their proceedings are not permanently recorded.
The only courts not of record in Michigan are municipal courts.
Court Recorder — A court official who records the activities
of a court using an electronic recording device, usually for the purpose
of preparing a verbatim transcript.
Court Reporter — A person who records the activities of
a court using manual shorthand, a stenotype machine or a stenomask.
Court Reporting and Recording Board of Review — A Board
appointed by the Supreme Court to administer the certification of court
reporters and recorders.
Court Rules — Rules adopted by the Michigan Supreme Court
to govern procedure in all the state's courts.
Court System — Consists of: Michigan Supreme Court, Court
of Appeals, Circuit Court, District Court, Probate Court, Municipal
Court, Court of Claims. See the name of each court for descriptions
of individual courts.
CPS — See Children's Protective Services. \ Crime —
An act in violation of criminal law; an offense against the State of
Michigan. Punishable by imprisonment or a fine other than a civil fine.
Criminal — One who has committed a criminal offense; one
who has been legally convicted of a crime; one adjudged guilty of a
crime.
Criminal Case — A lawsuit is called a criminal case when
it is between the People of the State of Michigan on one side as plaintiff,
and a person or corporation on the other as defendant and involves a
question of whether the defendant has violated one of the laws defining
crimes.
Criminal Contempt — See Contempt of Court.
Criminal Law — The statutes that forbid certain actions
or conduct as detrimental to the welfare of the state and that provide
punishment. Criminal acts are prosecuted by the Prosecuting Attorney.
Cross Appeal — In a case on appeal, the appellee's request
that the court review aspects of the lower court's decision that were
not raised in the appellant's papers.
Cross-Claim — In a civil lawsuit involving multiple plaintiffs
or multiple defendants, a claim brought by one plaintiff against another
plaintiff, or by one defendant against another defendant. See MCR 2.203(D)
and Claim.
Cross Examination — The questioning of a witness by the
opposing party to test the truthfulness of the witness's testimony,
to further develop it or to otherwise expand on it.
Custodial Parent — The parent having custody of a child.
See Child Custody. Custody —
- Care and control of a thing or person. See also Child Custody.
- A person who is "in custody" is imprisoned or otherwise physically
detained.
Custody Statement — In some circumstances a child in custody
is not released to his/her parent(s), guardian, etc., but is detained
by the court. When this occurs, the officer taking the child in custody
must prepare a statement setting forth the grounds for detention and
submit this report to the court.
D
Damages — Money paid to a person who has been injured
by the actions of another person.
DDP — See Developmentally Disabled Person.
De Bonis Non — See Administrator De Bonis Non.
De Bonis Non Administratis — See Administrator De Bonis Non.
De Novo — Latin. Means "anew". For example, a trial de
novo is a trial anew or a new trial, as opposed to a mere review of
the record of the first trial.
-
Means to start over from beginning. For example, appeals from
the probate court are not de novo, but rather on the record of what
happened in the probate court.
Decedent — A person who has died.
Decedent's Estate — Property that was owned by a person
who has died.
Declaratory Judgment — A judgment of a court determining
the rights of the parties or giving the court's opinion on a legal point,
without ordering that anything be done. A declaratory judgment is usually
requested before the happening of (and to prevent) any specific act
which could result in a claim for damages.
Decree — A court judgment. A final decree is one fully
and finally disposing of a case; an interlocutory decree is preliminary
in nature, determining some issue in the case but not the ultimate question
involved.
Default — A failure to do what ought to be done, i.e.,
when a defendant does not plead within the time allowed or fails to
appear for trial.
Default Judgment — Action taken by the court when a person
fails to appear in court in answer to a summons in a civil case.
Defendant — The person against whom a lawsuit is started
or a crime charged.
Defense Attorney — The attorney representing the accused
(defendant).
Delay — Time periods between phases in the processing
of cases through the judicial system.
Delayed Appeal — An appeal after the time for taking an
appeal has run out and the higher court has granted permission to appeal
because of some special circumstances.
Deliberate —
- Criminal Cases. As applied to a jury, the weighing of evidence
relating to the law, for the purpose of determining the guilt or innocence
of a defendant.
- Civil Cases. As applied to a jury, the weighing of evidence for
the purpose of determining relevant facts.
Delinquency Proceedings — See Juvenile Delinquency Proceedings.
Demur — To respond to a civil complaint by filing a demurrer.
See Demurrer.
Demurrer — In some states, a response to a civil complaint
alleging that even if the facts alleged in the complaint are true, they
do not create any legal liability and therefore do not warrant any further
proceedings in the matter. In Michigan, such a response is made by way
of a motion for summary disposition. See Summary Disposition.
Denial —
- A refusal by a court to grant a request presented by petition or
motion.
- In pleadings, an assertion that the allegations of the opposing
party are untrue.
Department of Human Services — The state agency
responsible for administering a broad range of social services programs
in Michigan, including financial aid to families and elderly persons,
foster care services, and adoption services. The Department of Human Services was formerly known as the Family Independence Agency (FIA). See
also Children's Protective Services.
Deponent — One who gives a deposition.
Deposition — A method of pretrial discovery in civil cases.
During a deposition, a party or witness (the "deponent") is placed under
oath and required to give oral answers to questions. Most depositions
are taken without court supervision; the deponent is usually questioned
by an attorney for one of the parties. At the deposition, a transcript
or videotape is made of the deponent's testimony. The transcript or
videotape may be used to support various pretrial motions, or admitted
into evidence at trial in cases where the deponent is unable to be present
in court. See also Discovery.
DEQ — An abbreviation for the Michigan Department of Environmental
Quality.
Descent — There are two types of descent: lineal and collateral.
- Lineal descent is descent in a direct line, as from father or grandfather
to son or grandson.
- Collateral descent is descent in a collateral or oblique line;
that is, up to the common ancestor and then down from him, as from
brother to brother, or between cousins.
Designated Proceedings — Proceedings in which a juvenile
under age 17 is tried in criminal proceedings that occur within the
family division of the circuit court. The juvenile is afforded all the
legal and procedural protections that an adult would be given if charged
with the same offense in a court of general criminal jurisdiction.
Detention — The temporary care of a child who requires
custody for his or her own welfare or the community's protection pending
disposition by the court or execution of an order of the court for placement
or commitment. Also, holding cell or area in a trial court for defendants
in custody pending appearances in court.
Developmentally Disabled Person ("DDP") — Under the Mental
Health Code, a person with either of the following characteristics:
- The person is older than five years of age and has a severe, chronic
condition attributable to a mental and/or physical impairment. This
condition manifested before the individual's 22nd birthday,
is likely to continue indefinitely, and results in substantial functional
limitations in three or more areas of major life activity, including
self-care, language, learning, mobility, self-direction, capacity
for independent living, or economic self-sufficiency. Because of his
or her condition, the person needs individually planned services that
are of lifelong or extended duration.
- The person is age five or younger and has a substantial developmental
delay or a specific congenital or acquired condition with a high probability
of resulting in a developmental disability as defined in (1) above
if services are not provided.
See MCL 330.1100a(19), and Legally Incapacitated Person, Mental
Health Code
Devise —
- (Noun) Under the Michigan Revised Probate Code, a gift of personal
or real property or both, made in a will. See MCL 700.4(1).
- (Verb) Under the Michigan Revised Probate Code, to give real or
personal property or both in a will. See MCL 700.4(2). See Michigan
Revised Probate Code.
Devisee — A person given real or personal property under
a will.
Dictum — See Obiter Dictum.
Dilatory Defenses — Defenses made solely for purposes
of delay.
Dilatory Fiduciary — A fiduciary (trustee) who causes
undue delays in administering an estate.
Dilatory Motion — A motion made only for purposes of delay.
Dilatory Plea — A response to a lawsuit which has the
object of delaying the action, without responding to the merits of the
lawsuit.
Directed Verdict — A verdict issued by a judge at the
conclusion of a civil jury trial when a party has not presented sufficient
evidence to establish a necessary part of his or her case. A directed
verdict is issued in response to a motion brought by the party's opponent
at the end of the party's presentation of evidence. In granting such
a motion, the judge "directs a verdict" in favor of the opponent who
brought the motion, without sending the case to the jury for consideration.
See MCR 2.515.
Directed Verdict of Acquittal — A verdict issued by a
judge at the conclusion of a criminal jury trial when the prosecutor
has not presented sufficient evidence to convict the defendant. A directed
verdict may not be granted to the prosecutor in criminal cases. See
MCR 6.419.
Disappeared Person — Absent from place of residence for
at least seven continuous years; whereabouts unknown by person most
likely to know whereabouts (for seven years as above); has not communicated
with person above.
Discontinuance — The termination of a civil case by withdrawal
or failure to continue it by the plaintiff. A voluntary dismissal by
the plaintiff.
Discovery — The process of gathering and preserving evidence
prior to trial in a civil or criminal case. See also Deposition, Interrogatories.
Dismiss — To order a cause or prosecution to be terminated;
to refuse to hear further.
Dismissal — An order or judgment deciding a particular
lawsuit in favor of the defendant by sending it out of court without
trial. Dismissal "with prejudice" forever bars the right to bring a
lawsuit on the same claim or cause; dismissal "without prejudice" disposes
of the particular lawsuit before the court but permits a new lawsuit
to be brought based on the same claim or cause.
Disposed Case — Not pending; decided; closed case.
Disposition — Determination of a case, whether by dismissal,
plea and sentence, settlement and dismissal, verdict and judgment.
Disqualification — Refers to the disqualification of judges
from hearing a case. Any interest which may impair the ability of a
judge to decide the case in a fair and impartial manner. Disqualification
maybe voluntary or it may be done on the motion of a party to the case.
See MCR 2.003.
Dissenting Opinion — An opinion written by an appellate
judge explaining why he or she disagrees with the decision reached by
the majority of judges considering the case. See also Concurring Opinion,
Majority Opinion.
Distributee — One who receives property from a personal
representative (but not a creditor or purchaser); a testamentary trustee
to the extent of assets remaining in his/her hands; a beneficiary taking
through a trustee.
Distribution — The division of the residue of an estate
among the parties entitled thereto by the order of the court, after
the payment of the debts and charges. It also includes the division
of the residue of an estate by the Independent Personal Representative.
District Court — A Michigan trial court that hears the
following types of cases: civil suits involving $25,000 or less; adult
criminal misdemeanor offenses punishable by up to one year's imprisonment;
civil infractions; landlord/tenant disputes; small claims (civil suits
involving $1,750 or less); and, land contract forfeitures. Additionally,
the district court is the court in which all adult criminal proceedings
begin, regardless of the nature of the offense. In carrying out this
function, the district court issues arrest and search warrants, sets
bail, conducts arraignments, and presides over preliminary examinations.
See also Arraignment, Bail, Civil Infraction, Land Contract, Preliminary
Examination, Small Claims Court, Warrant.
Diversion — A decision or program designed to divert offenders
from official processing to a less formal, less adversarial and more
community-based setting.
Divorce — The termination of the legal relationship between
a husband and wife.
DNR — An abbreviation for the Michigan Department of Natural
Resources.
Docket — A written list of all important acts done in
court in the conduct of an individual case from beginning to end. This
is properly called a "case docket." The docket (for acts done), the
case file (for documents filed) and any transcript of proceedings together
form the "record" or a court of record.
This word is often improperly used interchangeably with "calendar."
Domestic Abuse — A pattern of sexual, physical, emotional
and/or financial abuse, perpetrated with the intent and result of establishing
and maintaining control over an intimate partner. Domestic abuse may
include both criminal and non-criminal acts, such as hitting, choking,
kicking, shoving, scratching, biting, raping, kidnapping, threatening
violence, stalking, destroying property, or attacking pets. The abuse
may be directed at persons other than the intimate partner (e.g., children)
for the purpose of controlling the partner.
Domestic Relations Action — A case involving divorce,
separate maintenance, annulment of marriage, affirmation of marriage,
paternity, child or spousal support, custody of a minor, parenting time,
or grandparenting time. See MCR 3.201.
Domestic Violence — See Domestic Abuse.
Domicile — The permanent home to which a person, when
absent, always intends to return. See Residence.
Double Jeopardy — Being placed more than once in danger
of being convicted and sentenced for the same offense.
Dower — That part of a man's real property which his widow
is entitled to use for her lifetime after her husband's death, as a
result of her status as wife, as opposed to property devised or inherited.
DSS — An abbreviation for the Michigan Department of Social
Services. This agency has been renamed the "Family Independence Agency"
("FIA"). See Family Independence Agency.
Duces Tecum — A Latin term meaning "bring with you." On
a subpoena it means that the person subpoenaed must bring records or
other specified material into court.
Due Process (of Law) — The fundamental procedural rules
that guarantee "fair play" in the conduct of legal proceedings; e.g.,
the right to notice and a hearing, the right to an impartial judge and
jury, the right to present evidence on one's own behalf, the right to
confront one's accuser, the right to be represented by counsel, etc.
E
Easement — The right to use another's land for a specific
limited purpose. One common type of easement arises when one parcel
of land is separated from any access to a road by a second parcel. In
this case, the owner of the first parcel might obtain access to the
road by way of an easement across the second parcel.
Emancipation — The process by which a minor between the
ages of 16 and 18 can be freed from his or her parents' control.
Enjoin — To forbid; restrain.
Equal Protection — The Constitution requires that the
government and courts of a state be open and available to all persons
under the same conditions with like rules of procedure and evidence.
Equity —
- The amount or value of property above the total liens, charges
or encumbrances.
- A system of legal principles and remedies in civil cases that originated
in England and survives in modern U.S. jurisprudence. Historically,
there were two distinct courts in England - courts of law and courts
of equity. Courts of law could award monetary damages in civil cases,
but could give no other relief. If a party sought relief other than
monetary damages, he or she had to turn to a court of equity, which
could grant injunctions, grant divorces, afford relief from creditors
in bankruptcy, etc. There are no longer separate courts of law and
equity in the U.S; most trial courts can now issue both monetary and
non-monetary relief. Different legal principles still apply to law
and equity actions, however, and a few procedural distinctions survive,
most notably the absence of a right to a jury trial in cases seeking
equitable relief.
Escheat — The reversion of property to the State when
a person dies leaving no heirs.
Estate —
- The interest a person has in real or personal property. Examples:
Property that was owned by a person who has died is referred to as
a decedent's estate. Property held in trust for the benefit
of another is a trust estate. The property of a person or
corporation that has declared bankruptcy is an estate in bankruptcy
or bankrupt estate.
- The assets of a decedent or other person subject to be administered
under the authority of a court.
Estates and Protected Individuals Code — Michigan statutes
governing wills, decedent's estates, trusts, and guardianships or conservatorships
over minors or legally incapacitated persons. The Estates and Protected
Individuals Code will take effect on April 1, 2000, and will replace
the Michigan Revised Probate Code. See Conservator, Decedent's Estate,
Guardian, Legally Incapacitated Person, Michigan Revised Probate Code,
Minor, Trust, Will.
Estoppel — A prohibition against a claim or position which
is inconsistent with the claimant's prior conduct, e.g., one who sells
land representing that he/she is authorized to do so may not claim in
a later lawsuit against him or her that he or she had no authority to
sell.
Evidence — Testimony, documents, physical objects, or
other things presented at a trial or court hearing for the purpose of
proving or disproving facts relevant to a case.
Evidentiary Motion Hearing — Hearings at which evidence
is presented (a "speaking motion") as opposed to a hearing at which
lawyers argue matters of law.
Ex Parte — Involving only one party to a lawsuit, without
prior notice to any other party.
Ex Parte Communication — A communication between the court
and one party to a lawsuit, made without prior notice to any other party.
Ex Parte Injunction — An injunction issued upon the request
of one party to a lawsuit, without prior notice to any other party.
Ex Parte Motion — A motion made to the court by one party
to a lawsuit without prior notice to any other party.
Ex Parte Order — An order made by the court upon the application
of one of the parties to a lawsuit, without prior notice to any other
party.
Ex Post Facto — Legislation made applicable to an act
after the act was committed. Statutes making a prior legal act illegal.
Examination — An inspection or investigation. As pertains
to court action, the term is used to describe a preliminary hearing
before the district court to determine whether there is sufficient cause
to hold a person to answer a felony charge before the circuit court.
Execute — To carry out, complete or dispose of according
to law.
Execution — A post judgment remedy to collect a money
judgment. A writ issued by the court to authorize the process server
to seize or take possession of real or personal property to be sold
to satisfy the judgment.
The carrying out of some act or course of conduct to its completion;
i.e., execution of a civil judgment is the putting into effect of
the final judgment of the court by obtaining possession of that which
the judgment has awarded.
Execution of an Instrument — The signing, sealing and
delivery of a written instrument or document.
Executor, Executrix — Executor (male). Executrix (female).
A person named in a will to carry out its terms, that is, to execute
the will. Under Michigan's Revised Probate Code, this person is called
a personal representative (if acting with court supervision) or an independent
personal representative (if acting without court supervision). See also
Michigan Revised Probate code. Exempt Property —
- Personal property that the surviving spouse of a decedent is automatically
entitled to receive from the decedent's estate.
- Property of a judgment debtor that is exempt from executions under
either state law or federal bankruptcy law.
Exonerate — To free from suspicion; to show someone to
be free of guilt.
Expunge — To legally void records — including criminal
records — in files, computers or other depositories.
Extradition — The formal process of delivering a person
found in one state to the authorities of another state where that person
has been accused or convicted of a crime.
F
FAC Case — Stands for "Failure to Answer Citation." When
a person fails to answer a traffic citation (ticket) the court concerned
notifies the Department of State, which enters this information into
its computer system. When this occurs it is called a "FAC Case," and
the defendant's license is suspended until the FAC is set aside after
the case is disposed of, and a fee is paid.
Family Division of the Circuit Court — A division of the
circuit court devoted to the following proceedings: divorce; paternity;
child or spousal support; parenting time; child custody; adoptions;
juvenile delinquency; child protective proceedings; name changes; personal
protection orders; emancipation of minors; waiver of parental consent
to an abortion; and, guardianships or conservatorships for persons under
18 where the matter arises out of a child protective proceeding, delinquency
proceeding, or a domestic relations custody case. See also Adoption,
Conservator, Domestic Relations Action, Child Protective Proceedings,
Emancipation, Guardian, Juvenile Delinquency Proceedings, Personal Protection
Order.
Family Independence Agency ("FIA") — See Department of Human Services.
FCJ Case — Means "Failure to Comply with Judgment" imposed
for violations that are civil infractions that are issued on traffic
violations and follows the same procedure as FAC cases.
FCPV Case — Means "Failure to Comply with Parking Violation"
entries. The Secretary of State will prohibit individuals from obtaining
or renewing licenses when they have six or more unpaid parking tickets
within a court. The court concerned notifies the Department of State
in the same procedure as in FAC and FCJ cases.
Fees — A charge fixed by law for services of public officers
or for use of a privilege under government control. A charge or wages
for services given to one for the services performed, such as fiduciary
or attorney fees.
Felony — A crime punishable by more than a year in the
state prison, unless it is specifically stated to be a misdemeanor.
Felonies are tried in circuit court.
FIA — See Family Independence Agency.
Fiduciary — A person or institution who manages money
or property for the benefit of another, and who is held to a high standard
of care in carrying out this responsibility.
- Successor Fiduciary: One who is appointed to take the
place of a prior fiduciary.
- Temporary Fiduciary: One appointed by the court
to act as a fiduciary until a permanent fiduciary is appointed.
For examples of fiduciaries, see Attorney in Fact, Conservator,
Guardian, Independent Personal Representative, Personal Representative,
Trustee.
File — To put in the records, or deposit in the custody
or among the records of a court.
Filing — The act of recording the various legal documents
pertaining to a suit with the clerk of the court. "Filing" also specifically
refers to the original warrant, complaint, or other document which initiates
the action. See MCR 8.105.
Filing Fees — Sums of money which must be paid to the
court clerk before a civil action or an estate proceeding may start.
Foreign Judgment — A judgment issued by a court having
jurisdiction in Indian territory, a foreign state, or a state other
than Michigan. See also Judgment.
Foreign Personal Representative — A personal representative
from a jurisdiction other than Michigan. See also Personal Representative.
Foreign Support Order — A support order issued by a court
having jurisdiction in Indian territory, a foreign state, or a state
other than Michigan. See also Support Order.
Forensic Center — Another name for the Center for Forensic
Psychiatry operated by the Department of Mental Health. Criminal defendants
are often sent there by trial courts to determine if they are competent
to stand trial.
Formal Calendar — If it appears that formal jurisdiction
is required in juvenile matters, a petition shall be filed. Further
hearings shall be scheduled on the "formal calendar".
Formal Hearing — See Civil Infraction Formal Hearing.
Forum — A court or the jurisdiction where a court sits.
Forum Non Conveniens — A court's power to decline to exercise
its jurisdiction in a case because the convenience of the parties and/or
the interests of justice would be better served if the case were tried
in another court.
Foster Care Review Board — Boards created in many counties
throughout Michigan to review selected court cases and permanency plans
of foster care placement of neglected and abused children. These board
are composed of private citizens.
Foster Home — A licensed home for the temporary board
and care of abused and neglected or delinquent children.
Fraud — The intentional communication of an untruth to
deceive another to deprive one of property or to induce one to surrender
a legal right, or to injure him or her in some other way.
Friend of the Court —
- The office connected with the family division of the circuit court
that investigates and advises the court in domestic relations cases
involving minor children. The Friend of the Court Office is also responsible
for enforcement of court orders in those cases.
- The person responsible for directing the Friend of the Court Office.
Fugitive — One who flees; always used in law with the
implication of a flight, evasion, or escape from some duty or penalty
or from the consequences of a misdeed.
Fugitive Warrant — A warrant authorizing the taking into
custody of a person who has fled from one state to another to avoid
prosecution or punishment for crime.
Full Faith and Credit — A court's constitutional obligation
to recognize and enforce orders, decrees, and judgments issued by the
courts of other U.S. states or Indian tribes. U.S. Const. Art. IV, Sec.
1.
G
Garnishment — A court order to take part of a person's
wages or other money owed to him or her before he or she receives the
money, because of an unpaid debt owed to a creditor who has obtained
a judgment against the debtor.
Grand jury — A jury of inquiry which receives complaints
and accusations in criminal cases. It hears the prosecutor's evidence
and issues indictments when satisfied that there is probable cause to
believe that a crime was committed, and that the accused committed that
crime. Grand juries are rarely used in Michigan, but are very common
in the federal judicial system.
Grandparenting Time — The time a child spends with a grandparent.
A grandparent may seek a court order for grandparenting time under MCL
722.27b.
Grant — To transfer property to another, especially real
property.
Grantee —The person to whom a grant is made, e.g., the
person who receives title to real property by deed.
Grantor — The person who makes a grant.
Group Home — A licensed home for the temporary board and
care of abused and neglected or delinquent children.
Guarantor — A person who is liable to fulfill another
person's financial obligation in the event the other person fails to
fulfill it. The other person is known as the "principal." A guarantor's
obligation typically arises from a different contract than the one binding
the principal. See also Principal, Surety.
Guardian —
- Under the Michigan Revised Probate Code, a person with the legal
duty and power to care for the person of another individual who is:
a) under age 18; or, b) a legally incapacitated person. See Conservator,
Legally Incapacitated Person, Michigan Revised Probate Code, Protected
Person, Ward. A guardian may be appointed by a court or designated
in a will.
- Under the Mental Health Code, a person with the legal duty and
power to care for the person and/or the estate of a developmentally
disabled person. See Developmentally Disabled Person, Estate, Mental
Health Code.
Guardian Ad Litem — Someone appointed by the court during
the course of litigation to promote and protect the interests of a person
affected by the litigation. Examples:
- A guardian ad litem may be appointed to protect the interests of
a minor or incompetent person who is a defendant in a civil action.
See MCR 2.201(E)(1)(c), and Next Friend.
- If necessary, a guardian ad litem may be appointed to appear for
and represent the interests of any person in any proceeding in probate
court. See MCR 5.201(A)(1). Sometimes a court appoints a guardian
ad litem to protect the interests of an unascertained, unknown, unborn,
or disappeared person.
- A court sometimes appoints a guardian ad litem to protect the interests
of a minor in a domestic relations or juvenile proceeding. See MCR
3.202(A), 5.916.
Guilty — Responsible for a crime.
H
Habeas Corpus — "You have the body," the name of a writ
used to bring a person before a court or judge. Generally, the writ
is addressed to an official or person who holds another. It commands
him or her to produce the detained person in court so that the court
may determine whether that person is being denied his or her freedom
lawfully.
Habeas Corpus Ad Respondenum — To bring in a prisoner
for trial on another charge.
Habeas Corpus Ad Testificandum — To bring a prisoner in
to testify.
Harmless Error — An error committed in the course of a
trial which does not justify reversal of the verdict on appeal.
Hearing — A court proceeding on the record. Hearings are
often used to determine issues arising before or after the full trial
of a case, and may be less formal than the trial.
Hearsay — Second-hand evidence not arising from personal
knowledge of the witness but generally from repetition of what the witness
has heard others say. The repetition of a statement, that was made outside
of court, by a witness in a trial, intended to prove the truth of the
statement. Hearsay is generally inadmissible, but if there is no objection
it is admitted into evidence.
Heir —
- Someone who is entitled by statute to inherit the property of another
person in the event that person dies without a valid will.
- A person who inherits the property of another, whether by will
or by intestate succession. See also Intestate Succession.
Holographic Will — An unwitnessed will where the dispositionary
portions are in the handwriting of the decedent, signed at the end and
dated.
Homestead — An artificial estate in land, devised to protect
the possession and enjoyment of the owner against the claims of creditors.
Hostile Witness — A witness who exhibits such antagonism
toward the party who called the witness to testify that cross-examination
of that witness by that party is permitted by the court.
I
Illegitimate Child — A child born to parties who are not
married to each other.
Impanel — (As pertains to juries.) To select a jury and
enroll their names.
Impeachment of witness — Questioning of a witness by an
adverse party that attempts to cast doubt on the credibility (believability)
of the witness.
In Pro Per — See Pro Per Litigant.
In Propria Persona — See Pro Per Litigant.
Inactive Case — A pending case over which the court has
no effective control; a case which is filed in the court, but for some
reason cannot be processed by the court. Examples: non-service, no progress
(civil); defendant absconded or never arraigned (criminal).
Incarceration — Commitment to jail or prison.
Incompetent Evidence — Inadmissible evidence.
Income Withholding Order — An order entered by the circuit
court providing for the withholding of a person's income to enforce
a child support order.
Inconvenient Forum — See Forum Non Conveniens.
Independent Personal Representative — Person administering
a decedent's estate under the Michigan Revised Probate Code. An independent
personal representative administers the estate without the court's supervision.
See Decedent's Estate, Michigan Revised Probate Code.
Independent Probate — Probate designed to operate without
unnecessary intervention by the probate court as provided for by the
Michigan Revised Probate Code. See Michigan Revised Probate Code.
Indictment — Formal accusation, "true bill," presented
by a grand jury which charges a person with a crime.
Indigent — Impoverished; needy; poor; without funds.
Inferior Court — Lower court. Any court subordinate to
a higher appellate court in a particular judicial system.
Informal Hearing — See Civil Infraction Informal Hearing.
Information — A formal accusation (criminal information)
of a crime, differing from an indictment in that it is prepared and
signed by the prosecuting attorney instead of the grand jury. This is
the most common means employed in Michigan to bring an accused before
the circuit court after a bindover from the district court.
Inheritance — Property received from someone who dies,
whether by will or by intestate succession. See also Intestate Succession.
Injunction — A court order restraining a person from doing
or continuing to do something that threatens or causes irreparable injury
to another; or requiring the person to do a particular act. See MCR
3.310. See also Enjoin, Temporary Restraining Order.
- Permanent Injunction — An injunction intended to remain
in force unless and until modified by a later decree of a court.
- Preliminary Injunction — An injunction granted during
the pendency of a suit, to restrain a party from doing or continuing
some act, the right to which is in dispute, and which may either be
discharged or made permanent, according to the result of the controversy,
as soon as the rights of the parties are determined.
Innocent — Not guilty; acquitted of a crime.
Inquest — A legal inquiry generally before a court of
law but in some instances before certain other officers legally empowered
to hold inquiries, such as by a medical examiner investigating a death.
Inter Vivos — Between living persons.
Interested Party — Under the Michigan Revised Probate
Code, one of the following: heir; devisee; beneficiary; a fiduciary
of a legally incapacitated person who is an heir, devisee, or beneficiary;
fiduciary or trustee named in an instrument involved; or, a special
party. See MCL 700.7, MCR 5.205 and Beneficiary, Devisee, Fiduciary,
Heir, Legally Incapacitated Person, Michigan Revised Probate Code, Trustee.
Interested Person — Under the Michigan Revised Probate
Code, one of the following: interested party; creditor; surety; any
person having a property right in a trust estate or estate of decedent
or ward who may be affected by the proceedings, including a person nominated
as personal representative; or, a fiduciary representing an interested
person. See MCL 700.7 and Estate, Fiduciary, Interested Party, Michigan
Revised Probate Code, Personal Representative, Surety, Trust.
Interim Bond — Refers to a bond that is set by a police
officer when a person is arrested for a misdemeanor offense without
a warrant. Any misdemeanor warrant may also have an interim bond endorsed
on it by the issuing judge or magistrate. Allows one to be released
pending an arraignment.
Interim Order — A temporary court decree, which is put
into effect until something else is done.
Interlocutory — Temporary; not final, generally decides
some point or matter between the beginning and end of a suit but is
not a final decision of the case.
Interlocutory Appeal — An appeal of a decision made by
the court during the course of an action, but before the final order
or outcome of the action.
Interpleader — A legal action enabling a person to pay
monies into court and force two or more persons having competing or
conflicting claims against him or her for the same thing to dispute
the matter among themselves.
Interrogatories — Written questions posed prior to trial
by one party to a civil case and served on another party to the case,
who must answer them in writing under oath. See Discovery.
Interstate — Involving two or more states.
Interstate Income Withholding Order — An order entered
to secure the enforcement of child support obligations by the withholding
of income derived in this jurisdiction to enforce the child support
order of another jurisdiction.
Intestate — Dying without having made a valid will.
Intestate Succession — In cases where a decedent has left
no valid will, a statutory determination of the right to inherit the
decedent's property, made according to the heirs' relationship to the
decedent.
Inventory — A list of the assets of a decedent or ward
required by law to be filed in probate court reflecting assets that
are subject to management by the fiduciary.
Inventory Fee — A statutory fee for services rendered
to a decedent's estate by the probate court.
Issue —
- Of a person: All of the person's lineal descendants of all generations,
except those who are descendants of a living descendant, with the
relationship of parent and child at each generation being determined
by the definitions of child and parent contained in the Michigan Revised
Probate Code.
- In pleading: A single, certain, and material point, raised in the
pleadings of the parties to a lawsuit, which is affirmed on the one
side and denied on the other. See also Michigan Revised probate code.
J
JIS — See Judicial Information Services.
J.N.O.V. — An abbreviation for judgment non obstante
veredicto, i.e., a judgment notwithstanding the verdict. See Judgment
Notwithstanding the Verdict.
Joint Custody — An order of the court in a domestic relations
proceeding in which one or both of the following are provided:
- That the children live with one parent part of the time and with
the other parent part of the time;
- That the parents both share in making decisions on important issues
dealing with the children.
Judges' Associations — Associations formed by various
groups of judges by court type to further understanding and cooperation
between the judicial, legislative, and executive branches of government,
to promote public awareness, to support activities designed for sound
and efficient administration of justice, and to encourage high levels
of judicial and legal competence.
Judgment — The decision of a court of law.
Judgment Notwithstanding the Verdict — A judgment setting
aside a jury's verdict. See MCR 2.610.
Judgment N.O.V. — An abbreviation for judgment non
obstante veredicto, i.e., a judgment notwithstanding the verdict.
See Judgment Notwithstanding the Verdict.
Judicial Activity Report — Monthly (district court) or
quarterly (circuit court) report to the State Court Administrator on
caseload and court activity.
Judicial Information Services ("JIS") — A data center
providing systems analysis and data processing services to courts throughout
the state.
Judicial Tenure Commission — The commission which reviews
complaints against judges, investigates those complaints and reports
to the Supreme Court recommending appropriate discipline or removal
of the judge by the Supreme Court.
Jurisdiction — The court's authority to decide cases.
Two major aspects of a court's jurisdiction are:
- Subject Matter Jurisdiction: The authority to hear a particular
type of case; for example, the circuit court has jurisdiction over
divorce cases, and the district court has jurisdiction over small
claims cases.
- Personal Jurisdiction: The legal power of a court to render
a judgment against a party to a proceeding.
See also Concurrent Jurisdiction, Waiver of Jurisdiction.
Jury — A body of persons sworn to consider the evidence
presented, to determine issues of fact, and to deliver a verdict in
a judicial proceeding. There are 6 jurors for district court in civil
and criminal matters. In circuit court, there are 6 jurors for civil
matters and 12 for criminal matters. There are 6 jurors in probate court.
See also Grand Jury, Petit Jury.
Jury Commissioner — The officers responsible for choosing
the panel of persons to serve as potential jurors for a particular county.
Jury Instructions — Directions given by the judge to the
jury informing the jurors of the law applicable to the case.
Jury Panel — The group of prospective jurors, from which
the trial jury of 6 or 12 is chosen.
Juvenile — A minor under the age of 17. See also Minor.
Juvenile Code — The group of statutes governing juvenile
delinquency proceedings, designated proceedings, and child protective
proceedings. See MCL 712A.1 et seq., and Child Protective Proceedings,
Designated Proceedings, Juvenile Delinquency Proceedings.
Juvenile Delinquency Proceedings — Proceedings in the
family division of the circuit court regarding a minor under age 17
who has: committed an offense that would be a crime if committed by
an adult, including a misdemeanor traffic offense; deserted his or her
home; been absent from school; repeatedly violated school rules; or,
disobeyed the reasonable and lawful commands of his or her parents.
See MCL 712A.2(a).
Juvenile Officer — See County Agent.
K
Kin — One who is related by blood.
L
Land Contract — A contract for the sale of land on a time
payment plan.
Larceny — The trespassory taking of property with the
intent to permanently deprive the owner of its ownership rights.
Law Enforcement Information Network ("LEIN") — A computerized
communications system for law enforcement agencies that contains information
on such things as personal protection orders, pretrial release conditions
in criminal cases, outstanding arrest warrants, driving records, and
automobile registration.
Lawsuit — A legal dispute brought before a court. A "lawsuit"
is also referred to as an "action," "case," "cause of action," or "cause."
Lawyer — See Attorney.
Lease — A contract or agreement for the renting of real
or personal property for a specified or determined period of time and
giving rise to the relationship of landlord (the lessor) and tenant
(the lessee).
Legacy — A gift of personal property left by will. Under
Michigan's Revised Probate Code, this is now called a "devise." See
MCL 700.4(1). See Michigan Revised Probate Code.
Legally Incapacitated Person ("LIP") — Under the Michigan
Revised Probate Code, an adult who is impaired by reason of mental illness,
mental deficiency, physical illness or disability; chronic use of drugs,
chronic intoxication, or other cause, to the extent that the person
lacks sufficient understanding or capacity to make or communicate responsible
decisions concerning his or her person. See MCL 700.8(2). Former term:
legally incompetent person. See Developmentally Disabled Person, Michigan
Revised Probate Code.
Legatee — A person who receives property under a will.
Under Michigan's Revised Probate Code, this person is now called a "devisee."
See Devisee, Michigan Revised Probate Code.
LEIN Network — See Law Enforcement Information Network.
Lessee — The tenant under a lease.
Lessor — The landlord under a lease.
Libel — Injury to a person's character or reputation by
print, writing, pictures, or signs.
Liber — Latin for "book." Sometimes used to refer to the
large, bound book(s) of records in a court clerk's office, register
of deeds, etc.
Lien — A claim against property to secure a debt or other
obligation.
Limited Guardian — Under the Michigan Revised Probate
Code, a guardian for a minor or legally incapacitated person whose powers
over the person have been limited by a court's order. See MCL 700.424a
(minors), 700.444 (legally incapacitated persons). See Guardian, Legally
Incapacitated Person, Michigan Revised Probate Code, Minor.
Lineup — A police procedure by which the suspect in a
crime is exhibited, usually as one of a group of similar-appearing persons,
before the victim or witness to determine if he or she can be identified
as the person who committed the offense.
LIP — See Legally Incapacitated Person.
Lis Pendens — Control that a court acquires over property
that is the subject of litigation. Where real estate is the subject
of litigation, a "notice of lis pendens" may be filed with the register
of deeds in the county where the property is located. This notice warns
persons who deal with the property that it is subject to litigation
and that they may be bound by the court's judgment regarding the property.
See MCL 600.2701 et seq.
Litigant — Party to a lawsuit.
Litigation — The process of resolving a dispute over legal
rights in court.
Local Court Rules — Rules adopted by a particular local
trial court to govern procedural matters in that court. Local court
rules may not contradict the Michigan Court Rules.
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