HANDBOOK OF LEGAL TERMS (M–Z)
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.
M
Magistrate — Used generally, this title means a judge. In Michigan, a district court magistrate is a quasi-judicial official of the district court given the power to set bail, accept bond, accept guilty pleas and sentence for traffic and other related violations, and to conduct informal hearings on civil infractions.
Maintenance — Providing for the support of a ward or the minor children or surviving spouse of a decedent.
Majority Opinion — A written decision announcing the court's ruling in a case on appeal. The majority opinion explains the reasoning following by a majority of the judges who heard the case, and is binding on the lower courts in future cases. See also Concurring opinion, Dissenting Opinion.
Malice — Evil intent, motive or purpose.
Mandamus — Latin; "We command." A Writ of Mandamus is a written order requiring the person to whom it is addressed to do some specified act, generally connected with his or her duty as a public official.
MCL — See Michigan Compiled Laws.
MCLA — See Michigan Compiled Laws Annotated.
MCR — See Michigan Court Rules.
Mediation —
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Generally, a form of alternative dispute resolution in which a neutral third party assists the parties to a dispute in reaching an agreement to settle their differences. The parties are not required to reach agreement, but if they do, the agreement is binding.
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In Michigan, mediation can also be a process in which a neutral third party or neutral panel reviews a case and makes a recommendation or evaluation as to its outcome. The parties may accept or reject the mediators' recommendation or evaluation. See MCR 2.403, 3.216 for a description of this process.
MERC — See Michigan Employment Relations Commission.
Mental Health Code — The Michigan statutes that govern, among other things, care and hospitalization of the mentally ill and guardianships for the developmentally disabled. MCL 330.1001 et seq. See also Developmentally Disabled Person.
Mental Illness —
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"Mental illness" means a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
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Means mental disease to such an extent that a person so afflicted requires care and treatment for his or her own welfare, or for the welfare of others or of the community.
Mentally Retarded — Significantly below average intellectual abilities which originate during physical development (especially during pregnancy and early infancy). See also Developmentally Disabled Person.
Michigan Compiled Laws ("MCL") — A series of volumes containing the official version of Michigan statutes enacted by the state's Legislature, and published by the Legislative Service Bureau.
Michigan Compiled Laws Annotated ("MCLA") — A series of volumes containing the text of all Michigan statutes, plus brief references to cases and legal commentaries discussing these statutes. Published by West Publishing Company, this compilation uses the same numbering system used in the Michigan Compiled Laws.
Michigan Court Rules ("MCR") — Rules adopted by the Michigan Supreme Court to govern Michigan court procedures.
Michigan Employment Relations Commission ("MERC") — This organization handles the certification of collective bargaining units and the mediation of disputes arising out of collective bargaining.
Michigan Revised Probate Code — The Michigan statutes governing: wills and decedents' estates; trusts; and, guardianships or conservatorships over minors or legally incapacitated persons. See MCL 700.1 et seq. Effective April 1, 2000, the Michigan Revised Probate Code will be replaced by the Estates and Protected Individuals Code. See also Conservator, Decedent's Estate, Estates and Protected Individuals Code, Guardian, Legally Incapacitated Person, Michigan Revised Probate Code, Minor, Trust, Will.
Michigan Statutes Annotated ("MSA") — A series of volumes published by Callaghan & Co., containing the text of all Michigan statutes, plus brief references to cases and legal commentaries discussing these statutes. Although the text of the statutes in these volumes is identical to the text in the Michigan Compiled Laws and Michigan Compiled Laws Annotated, this compilation uses a different numbering system.
Michigan Supreme Court — See Supreme Court.
Minor — In delinquency cases, a minor is someone under age 17. See MCL 712A.2(a). In most other proceedings, a minor is someone under age 18. See MCL 700.8(5). The Michigan Court Rules also provide that a "minor" may include a person age 18 or older if delinquency or child protective proceedings were commenced in juvenile court prior to the person's 18th birthday and the juvenile court continues to have jurisdiction over the person. See MCR 5.903(A)(10). See also Adult, Juvenile Delinquency Proceedings.
Minor Offense — Minor Offense means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $500.00.
Miranda — Refers to a United States Supreme Court decision, Miranda v. Arizona, 348 US 436 (1966), from which the rules governing "the right to remain silent" were taken.
Miranda Warning — A warning given by police prior to custodial interrogation, advising or informing the individual of his or her rights. For example, the accused has the right to remain silent, the right to an attorney, etc.
Misdemeanor — A violation of a penal law of this State which is not a felony, or a violation of an order, rule or regulation of a state agency that is punishable by imprisonment or by a fine that is not a civil fine.
Misfeasance — The improper performance of some act or duty.
Mistrial — A trial declared defective and void due to prejudicial error in the proceedings, or the failure of a jury to agree upon a verdict.
Mittimus — Latin for "we send":
- A written court order directed to the keeper of a jail or prison, directing that he or she receive and safely keep an offender awaiting trial or sentence.
- A writ directing the transfer of records from one court to another. (Contrast with Commitment.)
Moot — Usually in reference to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing which would be affected by the court's decision. Moot court is a practice court for law students.
Mortgage — A lien on real property to secure the performance of some obligation, and to be discharged upon payment or performance as stipulated. It is a pledge or security of particular property for the payment of a debt.
Mortgagee — One who holds a mortgage; the creditor.
Mortgagor — The maker of a mortgage; the debtor.
Motion — An application to the court for the purpose of obtaining a certain order or decision in favor of the applicant.
Motions, Calendar — Motions pertaining to the calendaring of court appearances in a case such as motions to continue, advance or reset.
Motions in Limine — A motion to exclude certain testimonial evidence from admission into evidence at trial.
Motions to Suppress — Application to the court before a trial, asking that a certain physical evidence or matter relating thereto, not be brought out during the trial.
Motion to Quash — See Quash.
MSA — See Michigan Statutes annotated.
Municipal Court — A trial court whose authority is confined to the city or community in which it is established. Municipal court civil jurisdiction is limited to $1,500. A few Michigan cities chose to retain this court rather than change to the district court system.
N
Ne Exeat — A court order forbidding the person to whom it is addressed to leave the country, the state or the jurisdiction of the court.
Neglect Hearing — Hearing held in the family division of the circuit court. Involves child abuse or those situations where the children are not being properly cared for.
Next Friend — A person appointed by the court to appear on behalf of a minor or incompetent person who is a plaintiff in a civil action. See MCR 2.201(E)(1)(b).
No Contact Order — A provision in a court order (e.g., an order for the defendant's pretrial release in a criminal case) that the person subject to the order refrain from having contact with another named person.
No Fault — A case which is decided without making a determination as to which party is at fault. Michigan has laws which provide for both no-fault auto insurance and no-fault divorce.
No Progress — In a civil case, where a case is filed but not followed up; a case or cases which may be dismissed (disposed of) by the court because parties have done nothing to process the case from stage to stage.
Nol. Pros. — See Nolle Prosequi.
Nolle Prosequi — Unwilling to prosecute; a formal entry made on the court record, by which the prosecutor declares he or she will not further prosecute the case.
Nolo Contendere — Latin, meaning "I will not contest it." It is a plea treated as a guilty plea except that it is not an admission of guilt, but an indication of readiness to accept conviction and sentence rather than to go to trial. If the defendant were to plead guilty, at the time of the plea he or she tells the court exactly what he or she did; it has to fit the charge. By pleading nolo contendere, there is no such requirement. If a civil action is pending, or may later be filed against him or her, he or she can thus avoid incriminating testimony.
Non-Custodial Parent — The parent who does not have custody of a child. See Child Custody.
Non Obstante Veredicto — Latin. Notwithstanding the verdict, i.e., an order of the judge entering a judgment for the defendant notwithstanding a jury verdict for the plaintiff.
Non-Service — In either a civil or criminal case, where a summons or warrant is issued but not served, or no arrest made.
Nonfeasance — The failure to perform some act or duty which ought to be performed. A neglected duty.
Notary — A person who is authorized by the state or federal government to administer oaths and to certify the authenticity of signatures or documents.
Notary Public — See Notary.
Notice of Hearing — Document notifying a person of the time, date, place, and subject matter of an upcoming court proceeding.
Notice to Quit —
- A written notice by a landlord to his/her tenant demanding that the tenant surrender and vacate the property, terminating the tenancy.
- A notice to pay back rent in seven days or vacate.
Notification Of Parents, Record Of Notice — Whenever a child is taken into custody by any peace officer, that officer is required to notify the parents of the child. A written record of the names of the persons notified, the manner and times of notification, or reasons for failure to notify must be made and preserved.
Nunc Pro Tunc — Latin phrase meaning "now for then." An order allowing acts done after they should have been done (now) to be effective retroactively to when they should have been done (then).
Nunc Pro Tunc Amendment — An amendment or correction given retroactive effect by court order.
Nunc Pro Tunc Filing — The filing of a pleading to take effect as of an earlier time.
Nunc Pro Tunc Judgment — A method of amending the record of a judgment which is in accord with what was actually pronounced and done, so that the record will be accurate and true. It is a procedural device often employed in correcting defects in titles in real estate.
O
Oath — A declaration of a statement's truth, which renders one willfully asserting an untrue statement punishable for perjury. See also Affirmation, Perjury, Verification.
Obiter Dictum — An incidental comment, not necessary to the formulation of the decision, made by the judge in an opinion which is not binding as precedent.
Offense — A crime or ordinance violation. The word "offense" generally implies an act infringing public as distinguished from private rights. In respect to minors, an offense is any act which violates provisions of the Juvenile Code and thus places the person committing the act in the jurisdiction of the juvenile court. Does not include civil infractions.
Offense Against Child — Any act or acts by a person other than the child asserted as grounds for bringing such child within the provisions of the Juvenile Code.
Offense By Child — Any act or acts by a child asserted as grounds for bringing the child within the provisions of the Juvenile Code.
One Court Of Justice — A concept embodied in the Michigan Constitution of 1963, Article VI, Section 1, that there is but a single court in the state which is made up of several divisions, including a supreme court, a court of appeals, a circuit court, a district court, a probate court and other courts created by the Legislature.
One Day, One Trial — A method of summoning and utilizing jurors whereby an individual serves as juror for either one day or for the length of one trial. The purpose of this method is to reduce the term of service and expand the number of individual jurors called.
Order — A direction of a court made or entered in writing. One which terminates the action itself, or decides some matter litigated by the parties.
Order Assigning Residue — A probate court order which names the persons entitled to receive parts of an estate and that share allotted to each.
Ordinance — A local law or regulation enacted by a municipal government. It has no effect outside that city or village.
P
Panel —
- The jurors serving a specific court. See also Jury Panel.
- The three judges who sit together to decide cases brought before the Court of Appeals.
Parens Patriae Doctrine — The inherent power and authority of state to protect the person and property of a person who is legally unable to manage his/her own affairs.
Parenting Time — The time a child spends with a non-custodial parent. Parenting time was formerly referred to as "visitation."
Parole — Conditional release from prison before the end of sentence; if the parolee observes the conditions, he or she need not serve the rest of his or her term.
Partial Guardian — In cases under the Mental Health Code, a guardian with some — but not all — legal rights and powers over the person and/or estate of a developmentally disabled person. A partial guardian's rights, powers, and duties are specifically enumerated by court order. See MCL 330.1600(e). See Developmentally Disabled Person, Guardian, Mental Health Code.
Party —
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A person concerned with or taking part in a matter or transaction, such as a party to a contract.
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A person by or against whom a lawsuit is brought, i.e., the plaintiff or defendant.
Paternity — Fatherhood.
Paternity Suit — A suit to establish the identity of a child's father and to determine the father's obligation to support the child.
Peace Officer — Any public officer or official having authority to arrest to enforce the law and preserve the peace, and generally includes any sheriff or deputy sheriff, any state or municipal police officer, and any state conservation officer. It may also include judges of courts of criminal jurisdiction. Some other public officials (i.e., Mayor ) may be designated by law as a peace officer for specific limited purposes.
Per Capita — A method by which an estate is divided equally among a given number of persons.
Per Stirpes — By right of representation; it is the method of dividing an estate where a group of distributees take the share to which their deceased ancestor would have been entitled, such as where children take the share to which their parents would have been entitled.
Peremptory Challenge — The right of the prosecution or defendant to challenge (remove) a certain number of jurors without giving any cause or reason. The right of the parties at a hearing to challenge a certain number of jurors without giving cause.
Perjury — A deliberate lie said under oath.
Permanent Injunction — One intended to remain in force unless modified by a later decree of a court.
Permanent Ward — A child who is permanently placed under the care of the court or other guardian because the parents' rights to the child have been permanently terminated by the family division of the circuit court.
Personal Property — Includes everything that is the subject of ownership but which is not real estate.
Personal Protection Order — One of two types of orders issued by a circuit court protecting an individual from stalking or domestic abuse. See MCL 600.2950, 600.2950a, MCR 3.701-3.709. See also Domestic Abuse, Stalking.
Personal Recognizance — The release that is gained in a criminal case without the necessity of having to post money or have any surety sign a bond with the court. The court takes the defendant's word that he or she will appear for a scheduled matter or when advised to appear.
Personal Representative — The person who administers a decedent's estate under the Michigan Revised Probate Code. See also Independent Personal Representative, Michigan Revised Probate Code.
Petit Jury — The ordinary jury (of 6 or 12 persons) selected to hear the trial of a civil or criminal case and to determine issues of fact; so called to distinguish it from the grand jury.
Petition —
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An application made in writing to a court.
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In juvenile delinquency or child protective proceedings before the family division of the circuit court, a petition is the instrument used to set forth the allegations (complaint) against the party before the court. Petitions in such proceedings must be verified. Jurisdiction of the court can only be invoked by petition. See Child Protective Proceedings, Juvenile Delinquency Proceedings, verification.
Plaintiff — In civil cases, the person who initiates the lawsuit is the plaintiff. In criminal matters, the prosecuting attorney is the plaintiff.
Plea — The defendant's response to a criminal charge (e.g., guilty, not guilty, nolo contendere).
Plea-Bargaining — In criminal cases, a process of negotiation between the prosecutor and defense counsel that typically involves the prosecutor's agreement to dismiss pending criminal charges against the defendant in exchange for the defendant's plea of guilty to another (usually lesser) offense.
Plead — In a criminal case, to respond to the charge (e.g., by pleading guilty, not guilty, nolo contendere, etc.).
Pleadings — In a civil lawsuit, the papers that set forth the parties' claims and defenses. The plaintiff's pleadings state his or her claims against the defendant. The defendant's pleadings state his or her defenses to the plaintiff's claims.
Plenary Guardian — Under the Mental Health Code, a guardian with full power over the person and/or estate of a developmentally disabled person. See MCL 330.1600(d). See Developmentally Disabled Person, Guardian, Mental Health Code.
Power of Attorney — A written instrument appointing and authorizing a person to act in the place of another as agent or substitute. One holding a power of attorney is called an attorney in fact, and may or may not be a lawyer.
Praecipe — A form used in some jurisdictions to ask a court clerk to do something (such as issue a summons after a complaint is filed, etc.).
Prejudicial Error — "Reversible error;" an error in the course of a trial serious enough to require an appellate court to reverse the judgment.
Preliminary Examination — A hearing in a felony case before a district judge at which the prosecution presents evidence (the defendant and his or her counsel being present) from which the district judge decides whether there is probable cause to believe that a crime has been committed, that the defendant committed the crime and to "bind over" or refer the defendant to the circuit court for trial. Testimony of some witnesses and presentation of some exhibits are offered at such examination.
Preliminary Hearing — The first stage of processing a juvenile delinquency or child protective proceeding when the juvenile is in custody, or custody or placement is requested.
Preliminary Inquiry — The first stage in the processing of a child protective or juvenile delinquency case when the juvenile is not in custody. An informal procedure in the family division of the circuit court.
Presentence Investigation — Investigation of the relevant background of a convicted offender. Usually conducted by a probation officer and designed to act as a sentencing guide for the judge. See Presentence Report.
Presentence Report — Written report prepared by the Probation Department containing the family and personal history of the accused, evaluation of the crime and its ramifications, and recommendations as to sentencing. Required in all felony cases. Presented to the judge as a guide in determining sentence.
Presentment — A written finding by a grand jury of an offense, from their own knowledge or observation.
Presiding Judge —
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The judge conducting a hearing or trial. The judge in charge of a case.
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Formerly, the chief judge of a court composed of two or more judges. The presiding judge in this sense is now called the Chief Judge. See MCR 8.110 regarding the appointment of presiding judges within court divisions.
Pretrial Conference — Hearing in a criminal or civil case between the judge and the attorneys to discuss any questions or matters that can be resolved prior to the trial to assist in expediting or simplifying the trial. Such hearing is usually informal and without client participation.
Pretrial Hearing — See pretrial conference.
Prima Facie —
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The term "prima facie case" refers to those facts that will establish a party's right to legal relief if no evidence to the contrary is offered by the party's opponent.
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The term "prima facie evidence" refers to evidence that is sufficient to prove a fact unless overcome by other evidence.
Principal —
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One who has permitted or directed another (an agent) to act for his or her benefit. See also Agent.
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The person having primary liability to pay a debt. See also Guarantor, Surety.
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Property, as opposed to the income from the property. The term is often used to designate the property put into a trust. See also Trust.
Pro Bono — A term used to describe legal services provided to a client free of charge.
Pro Con Divorce — An uncontested divorce. The proceeding consists of a short hearing at which only plaintiff appears, the defendant not contesting anything, after which the divorce is granted.
Pro Per Litigant — A person who represents himself or herself in court without the aid of a lawyer.
Pro Se Litigant — A person who represents himself or herself in court without the aid of a lawyer.
Probable Cause — In criminal cases, reasonable grounds for believing that the facts justify issuance of an arrest or search warrant, or further legal action.
Probate — The process by which a decedent's estate is transferred to its rightful owners.
Probate Court — The court in Michigan that handles the process by which a decedent's estate is transferred to its rightful owners. This court also handles matters relating to the commitment of mentally ill persons, guardianship matters, conservatorship matters, and trusts; however, if one of these matters arises from a child protective proceeding, a juvenile delinquency proceeding, or a domestic relations custody case, it is properly heard in the family division of the circuit court. See also Conservator, Decedent's Estate, Domestic Relations Action, Child Protective Proceedings, Family Division of the Circuit Court, Guardian, Juvenile Delinquency Proceedings, Trust.
Probate Register — A person who serves both as clerk of probate court and in a quasi-judicial manner in estates.
Probation — Allowing a person convicted of an offense to remain in the community instead of going to jail or prison as long as the offender fulfills the conditions of the probation. One's probation is usually supervised by a probation officer. If a person violates probation, probation can be revoked and the defendant resentenced.
Proceeding — Any hearing or court appearance related to the adjudication of a case.
Process — A court order to appear in court or enforce a judgment. Subpoenas and summonses are examples of process.
Process Server — A person employed to deliver a summons or complaint to a person being sued or to deliver a subpoena to a witness.
Property — Anything that may be the subject of ownership. See Personal Property, Real Property.
Propria Persona — See Pro Per Litigant.
Prosecuting Attorney — A public officer whose duty is the prosecution of criminal proceedings on behalf of the people of the State of Michigan.
Prosecutor — A prosecuting attorney. An elected official in each county; the chief law enforcement officer of each county.
Prosecutorial Waiver — See Waiver of Jurisdiction.
Protected Person — Under the Michigan Revised Probate Code, a minor or legally incapacitated person whose estate is under the care of a conservator. See MCL 700.9(5) and Conservator, Legally Incapacitated Person, Michigan Revised Probate Code, Michigan Revised Probate Code, Minor.
Protective Proceedings — See Child Protective Proceedings.
PS — An abbreviation for the Protective Services unit of the Family Independence Agency. See Children's Protective Services.
Public Defender — A lawyer paid by the county to defend one who is indigent (without funds). Michigan has a statewide "Public Defender" office for the handling of appeals (See SADO). Michigan does not have a statewide system for handling of trials.
Purchase-Money Mortgage — A mortgage given, concurrently with a conveyance of land, on the same land, by the vendee to the vendor, to secure the unpaid balance of the purchase price.
Q
quantum meruit — "As much as he deserves"; absent a contract/agreement, the law implies a promise to pay a reasonable amount for services or materials received from another.
Quash — To nullify a conviction or order. For example, a motion to quash may be initiated for the purpose of setting aside a bindover after a preliminary examination.
quid pro quo — "This for That"; Something for something; a fair return; the giving of one valuable thing for another.
Quo Warranto — The name of a writ which brings a person into court so that it may be determined by what right he or she exercises his or her authority, usually brought by the Attorney General to test a person's claim of right to hold public office.
R
Real Property — Land, and generally whatever is erected or growing upon or affixed to the land.
Realty — A brief term for real property; also for anything which partakes of the nature of real property.
Recess — A brief time set by the judge when those in court including the jury may be excused from the courtroom.
Recognizance —
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An obligation entered into before a court of record or duly authorized magistrate, containing a condition to do some particular act, usually to appear and answer a criminal accusation.
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A term used interchangeably with "bail bond" in many statutes and court opinions.
Reconciliation — When the parties in a divorce action are attempting to work out their differences and wish to have enforcement of their court-orders suspended.
Record — The word for word (verbatim) account by the official court reporter/recorder of all proceedings at the trial. See Docket.
Record on Appeal — The pleadings, exhibits, orders or decrees filed in a case in the trial court, a copy of the docket entries, and a transcript of the testimony taken in the case, forwarded to the appellate court.
Recorder — In some jurisdictions, a public officer who has charge of the records of deeds, and instruments relating to real property, and other legal instruments required by law to be recorded. Also, a court recorder. See Court Recorder.
Recorder's Court — A court that had jurisdiction over all felony cases arising within the City of Detroit prior to the court reorganization legislation enacted in 1996. The 1996 legislation abolished the Recorder's Court effective October 1, 1997, and merged it with the 3rd Circuit Court (Wayne County). See MCL 600.9931.
Records Retention and Disposal Schedules — A system or plan covering all records kept by a court which states what must be kept permanently and what may be disposed of and when.
Referee — A person who takes testimony, prepares reports, and makes recommendations to the court in domestic relations, juvenile delinquency, designated proceedings involving juveniles, and child protective proceedings.
Referral — Referral to a protective service. If it appears that the best interest of the child and of society will be served, the court may refer the matter at hand to a public or private agency providing such service.
Release-On-Recognizance ("ROR") — The pretrial release of an arrested person on his or her written promise to appear for trial at a later date, without deposit of cash or any surety. Used primarily with defendants as an alternative to monetary bail. See ROR, Recognizance.
Remand — To send a case back to the court from which it came for further proceedings. (e.g., defendant waives a preliminary examination, thus the case goes from district court to circuit court, usually because the defendant intends to plead guilty to a charge. The defendant then decides not to plead guilty and requests a preliminary examination; if the request is granted, the case is "remanded" to district court.) To send back to the lower or trial court from which it was appealed, with instructions as to what further proceedings should be had there.
Remittitur — An order reducing an excessive jury damages award. An order in cases when a jury has made an award of damages which is excessive in which the amount of damages is reduced.
Replevin — 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 replevin is also known as an action for Claim and Delivery.
Reports —
- Court reports: published judicial cases arranged according to some grouping, such as court jurisdiction, period of time, subject matter or case significance.
- Administrative reports or decisions: published decisions of an administrative agency.
Example: 406 Mich 1 is a case citation for a court opinion beginning on page 1 of volume 406 of Michigan Reports (Michigan Supreme Court decisions).
Reporter —
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A court official responsible for the verbatim record of most court proceedings, including the questions addressed to, and answers made by, witnesses, usually for the purpose of preparing a verbatim transcript.
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A court official responsible for compiling, indexing and publishing the opinions of an appellate court.
Res Gestae —
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A matter incidental to the main or principal fact which helps explain that fact.
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Acts and words which are so related to an occurrence as to appear to be evoked and prompted by it.
Res Gestae Witness — Person taking part and/or witnessing or at the scene of a crime who may have personal knowledge concerning the crime or the defendant's possible involvement.
Res Judicata — A rule that a matter once judicially decided is finally and conclusively decided and cannot be relitigated.
Residence — The place where one presently lives. Does not require that it be a permanent home as is the case with "domicile."
Residue — That part of an estate remaining after payment of all debts, charges and legacies.
Respondent — A party against whom a motion is filed in the course of a lawsuit; analogous to a defendant or an appellee.
Restitution —
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In criminal cases, the amount of money that the convicted defendant is required to pay the crime victim to compensate for damages suffered as a result of the crime.
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In civil cases, the amount of money necessary to restore a party who was wronged to the position he or she was in prior to suffering the wrong.
Restraining Order — See Injunction, Temporary Restraining Order.
Restricted Delivery Mail — A new postal classification which takes place of certified mail. County Clerks frequently use this type of mail in conducting the court's business.
Return — An endorsement or report by an officer, recording the manner in which he or she served, the process or order of the court.
Reverse — To set aside a judgment on appeal or proceedings in error; to annul; to vacate.
Revised Probate Code — See Michigan Revised Probate Code.
Revocation Of Will —The annulling, or rendering inoperative an existing will, by some subsequent act of the testator.
Right Of Representation — See Per Stirpes.
R-O-R, ROR — See Release on Recognizance.
S
SADO — See State Appellate Defender's Office.
Satisfaction — A written acknowledgment of receipt of payment or performance of a judgment which, when filed with the court, discharges the obligation.
SCAO — See State Court Administrative Office.
Search Warrant — A written order from a judge or magistrate directing an officer to search a specific place for a specific object, issued upon a showing of probable cause.
Sentence — The punishment imposed upon the defendant following a conviction in a criminal proceeding.
Sequestration Of Witnesses — A court order directing witnesses to stay outside the courtroom and not discuss testimony with other witnesses until they are called to testify to prevent witnesses from being influenced by the testimony of other witnesses.
Service Of Process — The service of writs, summonses, etc.; signifies the delivering to or leaving of such documents with the party to whom or with whom they ought to be delivered or left; and, when they are so delivered, they are then said to have been served.
Show Cause Order — An order to appear in court and present reasons why certain circumstances actions/should be continued, permitted, or prohibited.
Show Up — See Lineup.
Slander — Injury to a person's character or reputation by the spoken word.
Small Claims Court — A division of the district court. The jurisdiction of the small claims division is limited to civil cases where the amount claimed does not exceed $1,750. Claims are handled without lawyers or juries, and the parties generally have no right to appeal.
Sole Custody — An order of the court which states that the children live with one parent and that parent is responsible for making decisions on important issues dealing with the children.
SOS — An abbreviation for the Michigan Department (of the Secretary) of State.
Specific Performance — A court order directing a party to a contract who has breached its terms to do what he or she contracted to do; generally involved when the thing or service contracted for is unique so that money damages for breach of contract would be inadequate, i.e., breach of contract to sell water rights to one who has no alternative access to water.
Spendthrift — A person who by excessive drinking, gaming, idleness, or debauchery of any kind shall so spend, waste, or lessen his estate as to expose himself or his family to want or suffering, or expose the State to charge or expense for the support of himself or family.
Spousal Support — A sum of money that a court orders a spouse to pay to his or her separated or divorced spouse for support, aid, or maintenance. An award of spousal support does not include child support. See also Child Support.
Stalking — A willful course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel this way. See MCL 750.411h.
Standard Jury Instructions — A collection of jury instructions approved by a Supreme Court committee for use by trial court judges.
Stare Decisis — The doctrine that the decisions of the court should serve as precedents for future cases.
State Appellate Defender's Office ("SADO") — A state office for handling criminal appeals and post conviction proceedings for indigents on a state-wide basis. The goal is to provide speedy processing of appeals within the time limits set by court rules. The office is supervised by the seven member State Appellate Public Defender Commission which is appointed by the governor upon recommendations of the State Judiciary and the State Bar of Michigan.
State Bar of Michigan — An association for attorneys licensed to practice law in the State of Michigan. An attorney must become a member of the State Bar in order to practice law in Michigan.
State Case — Refers to a violation of state law. The term is most often used in district courts and the remaining municipal courts to distinguish between the local ordinance violations they usually deal with and violations of state statutes. Violating a state law makes the case a "state case" in these jurisdictions.
State Court Administrative Office ("SCAO") — Under the general direction of the Supreme Court, the State Court Administrative Office is responsible for assisting in the administration of justice in Michigan's trial courts. Some of its duties include: providing management assistance and direction to courts; developing guidelines for functions such as child support and sentencing; analyzing the impact of court rules and legislation on court operations; and, developing forms and reference manuals for court use. See MCR 8.103.
State Court Administrator — An official appointed by the Michigan Supreme Court to act as the director of the State Court Administrative Office. This official also advises the Supreme Court on matters relating to management of the state's court system.
Status Offense — A violation of the juvenile code by a minor that would not be considered a violation of the law if committed by an adult. Examples: runaway, school truancy, incorrigibility, etc.
Statute of Frauds — A legal doctrine or rule that certain types of agreements must be in writing or they will not be enforced by the courts. Real estate sales agreements are examples of agreements that must be in writing.
Statute of Limitation —
Civil Cases — A statutory time limit on the right to seek relief in court for damages; providing that any claim for relief shall be barred unless begun within a specific period of time following the alleged wrong.
Criminal Cases — The mandatory time limit set by statute to commence prosecution. The following are examples of specific limitations in Michigan:
- Murder — no limit
- Assault with intent to murder — 10 years
- Conspiracy to commit murder — 10 years
- Kidnaping — 10 years
- Extortion — 10 years
- Other felonies — generally 6 years
Statutes — Laws in the State of Michigan enacted by the State Legislature. The text of statutes can be found in the Michigan Compiled Laws, Michigan Compiled Laws Annotated or the Michigan Statutes Annotated.
Stay — The suspension of a judicial proceeding by court order.
Stipulation — An agreement between opposing attorneys on any matter relating to the proceedings or trial, i.e., to extend the time to answer, to adjourn the trial date, to admit certain facts at the trial, etc. Often requires court approval to be effective.
Sua Sponte — A court acts "sua sponte" when it takes action voluntarily ("on its own motion"), without first being requested to act by a party to a case.
Subpoena — A writ or order to compel attendance in a court with a penalty for failure to do so.
Subpoena Duces Tecum — This subpoena is used when you want the witness to bring with him or her all of his or her records or other specified material mentioned in the body of the subpoena.
Subrogation — The substitution of one party to the rights of another. Most commonly used in civil cases in which an insurance company (subrogee) which pays its policyholder is entitled to the policyholder's right to recover damages.
Successor — A person who succeeds to the office, rights, responsibilities, or place of another. One who replaces or follows another.
Successor Personal Representative — Under the Michigan Revised Probate Code, a successor personal representative is appointed by the court to complete the administration of a decedent's estate in cases where the administration the estate is left unfinished due to the death, removal, or resignation of the original personal representative. In some jurisdictions, a successor personal representative is called the "administrator de bonis non." See also Administrator De Bonis Non, Michigan Revised Probate Code, Personal Representative.
Summary Disposition — In a civil lawsuit, a dismissal of or judgment on all or part of a claim, made by a judge prior to trial upon motion by one of the parties. A motion for summary disposition may be based on one or more of several grounds listed in MCR 2.116(C). Some of the grounds listed in the court rule are: the trial court lacks jurisdiction over the case or the parties; process or service of process was insufficient; the party asserting the claim has no legal capacity to sue; another action has been initiated between the same parties involving the same claim; the claim is barred by the statute of limitations; a party has failed to state a valid defense to the claim against him or her; the facts alleged in a party's complaint do not entitle the party to judicial relief.
Summary Judgment — See Summary Disposition.
Summary Proceedings — Proceedings where the court decides an issue in a prompt and simple manner, often without the aid of a jury. One type of summary proceeding is established in MCL 600.5701 - 600.5759 and MCR 4.201 - 4.202, which govern civil actions to recover possession of premises (eviction) and to obtain certain types of ancillary relief (e.g., damages, back rent, etc.).
Summons — A notice given to a party stating that proceedings have been instituted against him or her and directing that the person appear in court at a given date and time to answer the complaint; and further, should he or she fail to answer a judgment will be entered against him or her.
Superintending Control — The constitutional doctrine that the Michigan Supreme Court has general administrative supervision over all the courts of the state. The circuit courts of each county have similar administrative supervisory power over the various lower courts within their jurisdiction.
Support Order — In a domestic relations proceeding, an order for payment of money to meet the ongoing financial needs of a child, spouse, or former spouse. Support may include health care and educational expenses. See also Child Support, Spousal Support.
Suppress — To suppress a court record is to prevent its release; to suppress evidence is to forbid it from being introduced at a trial or other court proceeding.
Supreme Court — The highest appeals court in the State of Michigan. The Michigan Supreme Court also has superintending control over all other courts in the state. See Superintending Control.
Surety — A person who agrees to fulfil another person's financial obligation in the event the other person fails to fulfill it. The other person is known as the "principal." A surety's obligation typically arises from the same contract that binds the principal. See also Guarantor, Principal.
T
Take — As used in probate, to acquire title or to be entitled to an estate, such as the person is entitled to "take" under the will.
Temporary Restraining Order — An order of the court that is intended to restrain a person's actions and preserve the status quo until a hearing can be held to determine if a preliminary injunction should be issued. See MCR 3.310(B). See Injunction.
Temporary Ward — A minor who is under the supervision of the family division but whose parents' parental rights have not been terminated.
Ten Percent Bond — A procedure that allows persons to pay to the court ten percent (10%) of the bond otherwise required of them to obtain their release. This procedure reduces the actual monetary amount paid so that most persons can arrange bond without the services of a bondsman or other surety.
Tenant — A person who rents property from the owner (called a landlord). One who occupies the property of another for a temporary period, with the landlord's consent.
Termination Hearing — A hearing held in the family division of the circuit court to determine if the parental rights are to be taken away from the parties involved, and therefore the child will become a ward of the court. The prosecutor is required to attend. This is the final scheduled hearing of a neglect/abuse case.
Testate — Dying having made a valid will.
Testate Succession — Inheritance of a decedent's property under the direction of the decedent's will.
Testator — One who has made a will. (A female testator is known as a "testatrix.")
Testimony — The statement of a witness under oath which is given as evidence.
Third-Party Complaint — In a civil lawsuit, a complaint that the defendant files against a "third-party," i.e., someone who is not already named in the lawsuit. This "third-party complaint" alleges that the third-party is or may be liable to the defendant for some or all of the plaintiff's claim. See MCR 2.204.
Tort — An injury or wrong committed against the person or property of another, arising out of violation of a duty established by law rather than by contract.
Traditional Waiver — See Waiver of Jurisdiction.
Transcript — The verbatim record of proceedings in a trial or hearing.
Trial Court — The court where trial takes place. Examples of Michigan trial courts are district, circuit, and probate courts.
Trust — A right of property, real or personal, held by one party for the benefit of another.
Trustee — A person in whom property is vested in trust for others.
Turner Hearing — A proceeding to determine if the defendant was entrapped by law enforcement officials into committing the offense.
U
UIFSA — See Uniform Interstate Family Support Act.
Uniform Interstate Family Support Act ("UIFSA") — Statutes governing support actions that involve parents living in different states or on tribal lands.
V
Vendee — A buyer; a person to whom something is sold.
Vendor — A seller; a person who sells something.
Venire — Technically, a writ summoning prospective jurors; popularly refers to the group of jurors summoned.
Venireman — A member of a jury panel.
Venue — The jurisdiction in which court proceedings may be instituted. See also Change of Venue.
Verbatim — The recording of the exact word-for-word proceedings of a trial court, as prepared in transcript format.
Verdict — A decision by a judge or jury on the issues submitted to the court for determination.
Verification — A person's statement under oath or penalty of perjury that certain statements of fact in a document or court paper are true. See MCL 700.12(1) and Affirmation, Oath, Perjury.
Verified Statement —
-
A statement (e.g., in a court paper) that contains verification by the party submitting it.
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A confidential statement that must be provided to the Friend of the Court and attached to the complaint in a domestic relations action involving a minor or requesting child or spousal support. See MCR 3.206(B).
Visitation Order — See Parenting Time.
Voir Dire Exam — The preliminary examination into the qualifications and potential biases of prospective witnesses or jurors.
W
Wade Hearing — A pretrial hearing to test the fairness of a lineup. The issue at such a hearing is whether to admit or suppress the identification of the accused that resulted from the lineup.
Waive — To give up a right, claim, or privilege.
Waiver — The act of waiving or giving up a right, privilege, or claim.
Waiver Hearing — Where a juvenile is charged with a felony, a two-phase hearing on a motion requesting that the family division of circuit court waive its jurisdiction and transfer the case to the criminal division of the circuit court. Waiver hearings are only held in cases involving "traditional waiver." See Waiver of Jurisdiction.
Waiver of Immunity — A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.
Waiver of Jurisdiction — The process through which the family division of the circuit court relinquishes its jurisdiction over a juvenile who has committed a criminal offense, and transfers the case to the criminal division of the circuit court. There are two types of waivers:
- Automatic Waiver — If a juvenile between ages 14 and 17 is charged with certain violations specified in statute (e.g., murder, armed robbery, first degree criminal sexual conduct), the prosecutor may file a complaint charging the juvenile as an adult. Such cases automatically come under the jurisdiction of the criminal division of the circuit court. Automatic waivers are sometimes referred to as "prosecutorial waivers."
- Traditional Waiver — If a juvenile between ages 14 and 17 is charged with any felony, the prosecutor may file a motion requesting the family division of the circuit court to waive jurisdiction. If the prosecutor's motion is granted, the case is transferred to the criminal division of the circuit court, and the juvenile is tried as an adult.
Walker Hearing — A court proceeding to determine whether the police officer advised the defendant of his or her Miranda rights prior to giving a statement and whether the defendant voluntarily gave the statement.
Ward — Under the Michigan Revised Probate Code, a minor or legally incapacitated person who has been placed under the care of a guardian. See MCL 700.12(2) and Guardian, Legally Incapacitated Person, Michigan Revised Probate Code, Minor.
Warrant — A writ or paper issued by a judge or magistrate that allows the police to arrest a person or search a place. See also Arrest Warrant, Bench Warrant, Fugitive Warrant, Search Warrant.
Warrant Recall — A procedure for removing from Department of State and State Police computers information concerning canceled warrants in order to avoid repeated or mistaken arrests.
Widow — A woman whose husband is dead, and who has not remarried. A man whose wife is dead is called a "widower."
Widow's Election — A widow's choice whether she will inherit under the will or under statute; that is whether she will accept the provision made for her in the will, and acquiesce in her husband's disposition of his property, or disregard it and claim what the law allows her.
Will — A written instrument whereby a person makes a disposition of his or her property to take effect after his or her death. A will includes any Codicil.
With Prejudice — A dismissal "with prejudice" means that the plaintiff in a civil case or the prosecution in a criminal case is forever barred from bringing the case or claim again.
Without Prejudice — A dismissal "without prejudice" means that the plaintiff in a civil case or the prosecution in a criminal case may bring the case or claim again.
Witness — One who testifies to what he or she has seen, heard or otherwise observed.
Writ — A court order giving the authority to require the performance of a specific act.
14 Day Rule — A rule which requires that a person charged with a felony be given a preliminary examination not more than 14 days after the person's arraignment on the original warrant.See MCL 766.4, MCR 6.104(E)(4).
180 Day Rule —
- A rule which allows those accused of a felony who have been in jail for 180 days and who have not yet been brought to trial, to be released on their own recognizance if the delay has not been caused by the accused or the accused's attorney.
- A rule which requires all pending charges against a prison inmate be brought to trial in 180 days or be dismissed with prejudice.
SOURCES
Ballantine's Law Dictionary
Black's Law Dictionary
Cochran's Law Lexicon
Ingham County Friend of the Court Handbook
Introduction to Criminal Justice, Newman
Introduction to the Criminal Justice System, Kerper
Law Dictionary of Practical Definitions, Bander
Legal Secretary's Concise Dictionary
Legalese, The State Bar of Michigan
Michigan Compiled Laws
Michigan Court Rules
Michigan Statutes Annotated
Prosecuting Attorney's Clerical Handbook
SCAO Employee Orientation Handbook
Street Law, West Publishing Company
The Legal Secretary's Complete Handbook
Webster's New World Dictionary, 2nd College Edition
Wharton's Law Lexicon
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