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ABATEMENT - A reduction; decrease
ABEYANCE - The condition of being temporarily set aside; suspension
ACQUITTAL - A release, absolution, or discharge of an obligation or liability; in criminal law, the finding of not guilty
ACTIVE CALENDAR - The name used for the calendar on which civil cases are placed after the filing and processing of a Motion to Set and Certificate of Readiness, or after the setting of a trial date
ADDITUR - An increase by a judge in the amount of damages awarded by a jury
ADJUDICATE - To settle judicially
ADMONISH - To indicate duties or obligations; to express warning or disapproval
ADOPTION - The act of adopting, or state of being adopted; voluntary acceptance of a child of other parents to be the same as one's own child
AFFIANT - One who makes and subscribes an affidavit
AFFIDAVIT - A written statement of facts signed and confirmed under oath before a Notary Public or other authority to administer an oath
AGE OF MAJORITY - The age when a person acquires all the rights and responsibilities of being an adult; in most states, the age is 18
ALIAS - Also known as
ALLEGATION - A statement in a pleading filed by a party to a suit stating what he expects to prove
ALIMONY - Allowance made to a wife out of her husband’s estate for her support; see spousal maintenance
ALTERNATIVE DISPUTE RESOLUTION (ADR) - The process of settling a legal dispute without a formal trial
ANNULMENT - An annulment is a matter in which the Court declares a marriage null and void
ANSWER - A pleading filed by the defendant that sets up a defense in response to the complaint; usually denies some of the facts alleged in the complaint
APPEAL - A proceeding brought to a higher court to review a lower court decision
APPELLANT - A party who appeals a decision to a higher court
APPELLATE - A court having jurisdiction (authority) to hear appeals and to review court decisions
APPELLEE - The party against whom an appeal is taken to a higher court; usually the winning party in the lower court
ARBITRATION - The settlement of a dispute by third parties who are chosen by the parties involved in the controversy
ARRAIGNMENT - The hearing at which the defendant is brought before the judge to plead guilty or not guilty to the criminal charge in the indictment
ARREARAGE - The total unpaid support owed, including child support, past support spousal maintenance and interest
ASSAULT - Threat to inflict injury with an apparent ability to do so; also any intentional display of force that would give the victim reason to fear or expect immediate bodily harm
AVOWAL - An open declaration or acknowledgment
AWARD - To give as legally due; a decision made by a judge or an arbitrator
BAD FAITH - The state of mind that affirmatively operates to mislead or deceive another
BAIL - Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure his/her appearance in court (Bail and Bond are often used interchangeably)
BAILIFF - An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum; also has custody of the jury
BATTERY - A beating or wrongful physical violence; the actual threat to use force is an assault; the use of it is a battery, which usually includes an assault
BENCH WARRANT - An order issued by a judge for the arrest of a person
BENEFICIARY - As it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer; As it relates to a charitable trust, beneficiary includes any person entitled to enforce the trust
BIFURCATE - To separate into two parts
BONA FIDE - In good faith
BOND - A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property
BRADY MATERIAL - Evidence that tends to mitigate or negate defendant’s guilt as to the offense charged
BRIEF - A written argument outlining the facts together with references to statutes and cases applicable to the legal issues before the Court
BURDEN OF PROOF - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit
CAVEAT EMPTOR - Let the buyer beware; take care
CERTIORARI - A writ of review or inquiry
CHANGE OF JUDGE - The right of a party to request that a particular judge not hear a case
CHANGE OF VENUE - Moving a lawsuit or criminal trial to another county or district for trial
CIRCUMSTANTIAL EVIDENCE - All evidence except eyewitness testimony; one example is physical evidence, such as fingerprints, from which an inference may be drawn
CLAIMS - With respect to estates of decedents and protected persons, includes liabilities of the decedent or protected person, whether arising in contract, in tort or otherwise, and liabilities of the estate that arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration; the term does not include estate or inheritance taxes, demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate
CODICIL - A supplement or an addition to a will
COMMUNITY PROPERTY - Property acquired by a husband and wife, or either of them, during the marriage
COMPEL - To cause to do or occur
COMPENSATORY DAMAGES - A measure of the actual loss; not exemplary or punitive
COMPLAINT - The first or initiatory pleading on the part of the plaintiff in a civil action which states the facts for which the party filing relies on to entitle him/her to the relief requested
CONCILIATION COURT - A public facility which provides, free of charge, professional marriage counseling to married couples having serious domestic problems; a Petition for Conciliation may be filed regardless of whether a divorce is pending
CONCURRENT SENTENCES - Sentences for more than one crime that are to be served at the same time, rather than one after the other
CONDEMNATION - The right of government or public utility corporations to purchase private property for public benefit; a civil proceeding for the determination of value of property and/or severance
CONSECUTIVE SENTENCES - Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more offenses
CONSERVATOR - A person who is appointed by a court to manage the financial affairs of a protected person
CONTEMPT OF COURT - Any act tending to obstruct or hinder a court in the administration of justice or to detract from its dignity; a direct contempt is one committed in the immediate presence of the Court; an indirect contempt is one not so committed (usually the refusal to obey an order of the Court)
CONTRACT - An agreement between two or more persons that creates an obligation to do or not to do a particular thing; a legally enforceable agreement between two or more competent parties made either orally or in writing
CONTROVERTING CERTIFICATE - A document filed by any party to a case (other than the party who filed the Motion to Set and Certificate of Readiness) in which objections to the information contained in the Certificate of Readiness are stated
COUNTERCLAIM - A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff
COURT - APPOINTED COUNSEL - Counsel appointed by the court to represent the alleged incapacitated/protected person
COURT - APPOINTED INVESTIGATOR - A person who is appointed by the court to conduct an investigation to determine the appropriateness of the appointment of a guardian or conservator
COURT OF APPEALS - Hears and decides cases in three judge panels; has jurisdiction in all matters properly appealed from Superior Court; reviews all decisions properly appealed to it
CUSTODY (JOINT) - The condition under which both parents share legal custody and neither parent’s rights are superior, except with respect to specified decisions as set forth by the Court or the parents in the final judgment or order
CUSTODY (PHYSICAL) - The condition that refers to the physical residence of the child
CUSTODIAN - One that has charge of something; a caretaker
CUSTODY (SOLE) - The condition under which one person has legal custody
CREDITOR - A person to whom a debt is owed by another person
CROSS - COMPLAINANT - A defendant who files a cross - complaint asking for affirmative relief in connection with the plaintiff’s action
DEBTOR - One who owes a debt to another; a person filing for relief under the Bankruptcy Code
DECEDENT - A deceased person
DECLARATORY JUDGMENT - A statutory remedy for judicial determination of a controversy when plaintiff is in doubt about his legal rights
DECREE - An order of the Court; a final decree that fully and finally disposes of the litigation
DE FACTO - As a matter of fact; from the fact
DEFAMATION - That which tends to injure a person's reputation
DEFAULT - Failure of the defendant to appear and answer the summons and complaint
DEFAULT JUDGMENT - A judgment entered against a party who fails to appear in court or respond to the charges
DEFENDANT - The person defending or denying a suit
DEMURRER - A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer
DE NOVO - Anew; afresh; a de novo trial is a retrial from an appeal, as if the previous trial had not taken place
DEPOSITION - Testimony of a witness taken upon interrogatories not in open court, reduced to writing and duly authenticated; intended to be used upon the trial of an action in court (used as discovery material by an attorney)
DESSUREAULT HEARING - A hearing to determine whether or not the identification procedures used by the police were unduly suggestive. If the Court finds that they were, then those procedures used to prove identification cannot be admitted. If the Court finds that they were suggestive, then it has to find that the “in court” identification” or “out of court” identification, or both, were such that the defendant is guilty “beyond a reasonable doubt.”
DEVISE - When used as a noun, means a testamentary disposition of real or personal property; when used as a verb, means to dispose of real or personal property
DEVISEE - Any person designated in a will to receive a devise; in the case of a devise to an existing trust or trustee, or to a trustee of trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees
DIRECTED VERDICT - In a case in which the plaintiff has failed to present on the facts of his case proper evidence for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it
DISABILITY - Is cause for appointment of a conservator or other protective order that can relate to the estate and affairs of a minor or an adult.
DISCOVERY - The name given pretrial devices for obtaining facts and information about the case
DISMISSAL - The termination of a lawsuit
DISMISSAL WITH PREJUDICE - A final dismissal barring the right to bring an action on the same claim or cause
DISPOSITION - A final settlement; an act of disposing; a bestowal or transfer to another
DISSOLUTION - Termination; the process of dissolving
DISTRIBUTEE - Any person who has received property of a decedent from his personal representative other than as a creditor or purchaser; a testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his hands; a beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative
DISTRICT COURT - Federal cases are tried and decided in the U.S. District Courts; federal courts may decide cases that involve U.S. government, U.S. Constitution or federal laws, or controversies between states or between the U.S. and foreign governments; Federal Courts also have jurisdiction over all bankruptcy matters
DOUBLE JEOPARDY - Putting a person on trial more than once for the same offense; this is forbidden by the Fifth Amendment of the United States Constitution
DUE PROCESS OF LAW - The right of all persons to receive the guarantees and safeguards of the law and the judicial process; includes such constitutional requirements as adequate notice, assistance of counsel, the right to remain silent, right to a speedy and public trial, right to an impartial jury, and right to confront and secure witnesses
EASEMENT - The right that an owner of land has to use the land of another for a special purpose
EMANCIPATION - The age at which child support ends in Arizona, age 18
EMINENT DOMAIN - The right of the State to take private property for public use by paying a fair price for it
ENCUMBRANCE - A lien or liability that is attached to property
EQUAL PROTECTION OF THE LAW - The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law
ESCHEAT - The process by which a deceased person's property goes to the state if no heir can be found
ESCROW - The delivery of a deed or other instrument to a third person to be held until certain conditions have been fulfilled
ESTATE - All property (real and personal) of the decedent, trust or other person; in the case of husband or wife, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to Title 14
ESTOPPEL - A rule of law precluding a person from asserting certain facts because of his/her prior conduct
ET AL. - And others
ET SEQ. - And the following
ET UX. - And wife
ET VIR. - And husband
EVIDENCE - Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other
EVIDENTIARY HEARING - A hearing when evidence is presented through testimony and/or exhibits; this hearing may be scheduled pursuant to a Petition to Revoke Probation when the defendant has denied the allegations or an evidentiary hearing may be held during the course of trial
EXECUTOR - A personal representative, named in a will, who administers an estate
EXHIBIT - A document or other item introduced as evidence during a trial or hearing
EX PARTE - On one side only; by or for one party; done for, in behalf of, or on the application of one party only
EXPUNGEMENT - The process by which the record of criminal conviction is destroyed or sealed
EX REL. - Upon relation or information; legal proceedings instituted by the Attorney General in the name and on behalf of the State, but on information and at the instigation of an individual who has a private interest in the matter
EXTRADITION - The surrender of an accused criminal by one state to the jurisdiction of another
FELONY - A serious criminal offense
FIDUCIARY - A person in a position of trust including personal representative, guardian, conservator and trustee
FILE - To place a paper in the official custody of the Clerk of Court/Court Administrator to enter into the files or records of a case
FINDING OF FACT/CONCLUSION OF LAW - FINDING OF FACT - The determination of a factual question vital (contributing) to a decision in a case by the trier of fact (jury or judge sitting without a jury) after a trial; a finding of fact is distinguished from a conclusion of law which is determined by the judge as the sole legal expert; findings of fact and conclusions of law need not be made if waived or not requested by the trial attorneys, leaving just the bare judgment in the case; Conclusion of Law: a judge’s final decision on a question of law which has been raised in a trial or a court hearing, particularly those issues that are vital to reaching a statement; these may be presented orally by the judge in open court but are often contained in a written judgment in support of his/her judgment such as an award of damages or denial of a petition; in most cases, either part is entitled to written conclusions of law if requested
FKA - Formerly known as
FORCIBLE ENTRY AND DETAINER - Proceeding for restoring possession of land to one who is willfully kept out or who has been wrongfully deprived of the possession; a common proceeding used in landlord/tenant disputes; also known as eviction
FORMAL PROCEEDINGS - Pleadings conducted before a judge and initiated by a petition, with notice to all interested persons
GARNISHMENT - A process served on a third person who holds the property of another ordering him/her not to deliver it to the owner but to hold it subject to a suit by the plaintiff
GRAND JURY - A jury of inquiry whose duty is to hear or investigate charges of criminal behavior; if appropriate, the grand jury will return a formal indictment
GRAVELY DISABLED - A condition whereby a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because the person is unable to provide for his/her basic physical needs
GUARDIAN - A person who has qualified as a guardian of a minor or incapacitated person (adult) pursuant to testamentary or court appointment but excludes one who is merely a guardian ad litem; a guardian has the same powers and responsibilities as those of a parent of a minor child except that a guardian is not legally obligated to contribute to the support of the ward from his/her own funds.
GUARDIAN AD LITEM - A guardian appointed by a court to prosecute or defend a person, usually a minor, in any suit or action at law wherein that person is a party
GUARDIANSHIP - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself/herself
HABEAS CORPUS - (You have the body) A writ directed to an official detaining a person, commanding him to produce that person before the Court for the purpose of determining whether he is legally detained
HEARING - A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard
HEARSAY - Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court
HEIRS - Those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent
HOSTILE WITNESS - A witness who has some interest adverse to the party calling him/her; actual antagonism is not necessary involved
HUNG JURY - A jury whose members cannot agree upon a verdict
IMMUNITY - May be granted by the Court and assures someone will not face prosecution in return for providing criminal evidence
IMPEACH - To discredit the testimony of a witness by proving that he/she has not told the truth or has been inconsistent, by introducing contrary evidence, including statements made outside of the courtroom in depositions or in statements of a witness heard by another
INADMISSIBLE EVIDENCE - When evidence, under the rules of evidence, cannot be admitted or received as evidence
IN CAMERA - In chambers; in private
INCAPACITATED PERSON - Any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person
INCORRIGIBLE - Refers to a juvenile who is unmanageable by parents or guardians; incorrigible offenses include running away and truancy
INDICTMENT - A written accusation by a grand jury charging a person with an offense
INDIGENT - Needy or impoverished; a defendant who can demonstrate his/her indigence to the court may be assigned a court - appointed attorney at public expense
IN FORMA PAUPERIS - In the character or manner of a pauper; describes permission given to a proper person to sue without liability for costs
INJUNCTION - A prohibitive order or remedy issued by the Court at the suit of the complaining party, which forbids the defendant to do some act which he is threatening or attempting to do; conversely, it may require him to perform an act which he is obligated to perform but refuses to do
IN LIMINE - Motion in limine often used to limit or exclude specific evidence or a specific issue from the trial
INFORMAL PROCEEDINGS - Those proceedings conducted, without notice to interested persons, by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative
INTERESTED PERSON - Includes any heir, devisee, child, spouse, creditor, beneficiary or person having a property right in or claim against a trust estate or the estate of a decedent, ward or protected person, which may be affected by the proceeding. It also includes persons having priority for appointment as personal representative, and other fiduciaries representing any interested person. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding
INTERMEDIARY - Acting as a mediator or an agent between persons or things
INTESTATE - Having died and left no valid will
IN PROPER PERSON - Representing oneselfIn rem - an action in rem is one taken directly against property and has for its object the disposition of property, without reference to who owns the property
IPSO FACTO - The very act itself
INTERROGATORIES - Written questions asked one party to a suit by an opposing party, which must be answered in writing and under oath, and which may be used as evidence by the party demanding them, if relevant; the Court may submit to the jury, together with appropriate forms of verdict, written interrogatories as to one or more issues of fact, the decision of which is necessary, along with the verdict
INTERVENOR - A third person who voluntarily becomes a party to an action among other person by filing a complaint in intervention
IN TOTO - In the whole; wholly; completely
JUDGMENT - The formal decision of a Court regarding the rights and claims of the parties to a suit
JUDGMENT DEBTOR - One who owes money as a result of a judgment in favor of a creditor
JURISDICTION - The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear
LACHES - Negligence or unreasonable delay in pursuing a legal remedy
LETTERS - Written evidence of authority to act as personal representative, guardian or conservator
LIBEL - Published defamation that tends to injure a person's reputation
LIEN - An encumbrance or legal burden upon property
LIS PENDENS - A pending lawsuit
LITIGANT - A party to a suit; one engaged in litigation
LITIGATE - To carry on a suit; to contest in court
LKA - Last known address
MALFEASANCE - An illegal act
MANDAMUS - A writ served to compel a person to perform some official duty
MANDATE - An order or command issued by a judge which directs enforcement of the Court’s decision; may be from an appellate court directing action from a lower court from which the appeal is taken
MEDIATION - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party who assists them in reaching a settlement
MINOR - A person under eighteen years of age
MISDEMEANOR - A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than prison
MISTRIAL - A trial that has been declared void because of errors in law or fact arising during the prosecution of the case
MITIGATING CIRCUMSTANCES - Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame
MOTION - An application made to a judge that requests a ruling or order in favor of the applicant
MOTION IN LIMINE - A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case
MUNICIPAL OR LIMITED JURISDICTION COURTS (CITY OR MAGISTRATE COURTS) - Have criminal jurisdiction over misdemeanor crimes and petty offenses committed in the city or town; shares jurisdiction with justice courts over violations of state law committed within the city or town limits; includes criminal traffic cases, hit - and - run, reckless driving when there are no serious injuries; civil traffic cases, violations of city ordinances and codes; issues orders of protection and injunctions prohibiting harassment
NEGLIGENCE - Failure to use care that a reasonable and prudent person would use under similar circumstances
NEXT BEST FRIEND - One acting in a legal proceeding for the benefit of an infant or other person without being formally appointed as guardian
NKA - Now known as
NOTARY PUBLIC - A public officer whose function is to administer oaths, attest and certify documents, and take acknowledgments
NUNC PRO TUNC - “now for then”: A phrase applied to acts allowed to be done after the time when they should be done, with the same effect as if originally done
OBLIGEE - A person or agency entitled to receive support
OBLIGOR - A person obligated to pay support
ON RECOGNIZANCE - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court
ORDER - A mandate, command, or direction authoritatively given; direction of a court or judge made in writing
ORDER OF PROTECTION - A court order intended to prevent acts of domestic violence
PARENTING TIME - The condition under which a parent has the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care consistent with the major decisions made by a person having legal custody; formerly referred to as visitation
PAROLE - Supervised release of a prisoner from imprisonment on certain prescribed conditions that entitle him to termination of his sentence
PATERNITY - A lawsuit, usually by a mother, to prove that a named person is the father of her child
PENDENTE LITE - Pending the suit; during the actual progress of a suit; during litigation
PERJURY - The intentional giving of false testimony under oath as to some material fact in a legal proceeding
PERSONALTY - Personal property as distinguished from real property
PERSONAL REPRESENTATIVE - Includes executor, administrator, successor personal representative, special administrator and persons who perform substantially the same function under the law governing their status
PETITION - A written request to the court for an order after notice
PLAINTIFF - A person who initiates a lawsuit
PLEADINGS - The written statements of fact and law filed by the parties to a lawsuit
POST - CONVICTION RELIEF - Any person who has been convicted of or sentenced for a criminal offense may institute a proceeding to secure appropriate relief that might include vacating, reducing, correcting or otherwise changing all judgments or sentences imposed
POWER OF ATTORNEY - A formal instrument authorizing another to act as one's agent or attorney
PRELIMINARY HEARING - A hearing by a judge sitting as a magistrate to determine whether a person charged with a crime should be held for trial
PRESENTENCE REPORT - A report prepared by the Adult Probation Department for use by the sentencing judge; the report includes background information about the crime and the defendant to assist the judge in making the sentencing decision
PRIMA FACIE - At first sight; on the actual appearance; on the face of it; a fact presumed to be true unless disproved by some evidence to the contrary
PRIMA FACIE CASE - Such as will suffice until contradicted and overcome by other evidence
PRIMA FACIE EVIDENCE - Evidence deemed by law to be good and sufficient on its face to establish a fact
PROBABLE CAUSE - Reasonable cause; there is more evidence for than against
PROBATE - A court proceeding by which a will is proved valid or invalid; a term used to mean all proceedings pertaining to the administration of estates such as the process by which assets are gathered; applied to pay debts, taxes, and expenses of administration; and distributed to those designated as beneficiaries in the will
PROBATE REGISTRAR - The official of the court who handles all informal proceedings and appointments, affidavits of succession to real property, proof of authority bonds and other miscellaneous filings, and reviews files and issues minute entries as needed
PRO BONO PUBLICO - For the public good; for the welfare of the whole; an attorney who will take a case “pro bono” (for free so to speak) for the good of the person filing the action or the person responding
PROCEEDING - An action at law and suit in equity
PRO HAC VICE - “this time only”: Refers to the application of an out - of - state attorney to appear in court for a particular trial even though he/she is not licensed to practice in the state where the trial is being held; the application is usually granted, but sometimes the Court requires association with a local attorney
PROPERTY - An interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings
PROPERTY SETTLEMENT AGREEMENT - A written agreement between the parties regarding the division and/or assumption of property, debts, custody, etc.
PRO RATA - Proportionately; according to a certain rate; percentage or proportion
PROTECTED PERSON - A minor or adult for whom a conservator has been appointed or other protective order has been made
PROTECTIVE PROCEEDING - A proceeding under the provisions of A.R.S. §14 - 5401 to determine that a person cannot effectively manage or apply his estate to necessary ends, either because he lacks the ability or is otherwise inconvenienced or because he is a minor, and to secure administration of his estate by a conservator or other appropriate relief
PUBLIC DEFENDER - Government lawyer appointed by the Court to provide legal defense services to a person accused of a crime and financially unable to retain a private attorney
PUNITIVE DAMAGES - Damages in excess of actual damages incurred by the plaintiff, awarded as a measure of punishment for the defendant’s wrongful and malicious acts
QUASH - To overthrow; abate; vacate; annul; or make void
QUID PRO QUO - Something for something
QUIET TITLE ACTION - A lawsuit to establish a party’s title to real property against anyone and everyone, and thus “quiet” any challenges or claims to the title; such a suit usually arises when there is some question about clear title, there exists some recorded problem (such as an old lease or failure to clear title after payment of a mortgage), an error in description which casts doubt on the amount of property owned or an easement used for years without a recorded description
QUIT - CLAIM DEED - A real property deed which transfers money or conveys only that interest in the property in which the grantor has title; commonly used in transfers of title or interests in title, quit claims are often made to family members, divorcing spouses or in other transactions between people well - known to each other; quit - claim deeds are also used to clear up question of full title when a person has a possible but unknown interest in the property; grant deeds and warrant deeds guarantee (warrant) that the grantor has full title to the property or the interest the deed states is being conveyed, but quit - claim deeds do not warrant good title
REAL PROPERTY - Land, buildings, and whatever is attached or affixed to the land; generally synonymous with real estate
REBUTTAL - Evidence or argument desired to defeat or take away the effect of the opponent’s evidence or argument
RESCISSION OF A CONTRACT - The unmaking or undoing of a contract; repeal
RECUSE - The process by which a judge is disqualified (or disqualifies himself/herself) from hearing a lawsuit because of interest or prejudice
RELEASED ON RECOGNIZANCE - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court
REMAND - To send back; when an appellate court reverses the decision of a trial court, it will remand the case to the trial court for further proceedings, ie., new trial, etc.; a Court may also order a prisoner “remanded” to the custody of the sheriff or other officer pending further proceedings
REMITTITUR - To reduce amount of verdict when damages awarded by the jury appear to be excessive.
REPLEVIN - An action to recover possession of specific property that has been taken unlawfully from the plaintiff
RES JUDICATA - A matter adjudged; a thing judicially acted upon or decided, or settled by judgment
RES IPSA LOQUITUR - The thing speaks for itself
RESPONDENT - The person against whom an appeal is taken; the responding party in a dissolution
RESPONSE - See Answer
RETAINER - Act of the client in employing the attorney or counsel; also denotes the fee that the client pays when he/she retains the attorney to act on his/her behalf
REVOKE - To cancel or nullify a legal document
SANCTIONS - A penalty or punishment provided as a means of enforcing obedience to a law
SEARCH WARRANT - A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence
SECURITY - Includes any note, stock certificate, bond, evidence of debt and similar items
SENTENCE - The punishment ordered by a court for a defendant convicted of a crime.
SERVICE OF PROCESS - Delivery or exhibition of a writ, notice injunction, etc., by an authorized person to a person who is thereby officially notified of some action or proceeding
SETTLEMENT - An agreement that provides satisfaction to one or both parties in a civil lawsuit in return for dismissal of the case; when referring to a decedent’s estate, includes the full process of administration, distribution and closing
SLANDER - Spoken defamation that tends to injure a person's reputation
SPECIAL ADMINISTRATOR - An administrator appointed usually to perform certain duties immediately when the appointment of a personal representative has been delayed by litigation; the appointment is frequently done on an emergency basis
SPOUSAL MAINTENANCE - Allowance made to a wife out of her husband’s estate for her support; see spousal maintenance; see alimony
STATUS QUO - In the former condition or position; as it was or the existence of things at any given date or time
STATUTE - Law enacted by the Legislature an published as the Arizona Revised Statutes (A.R.S.)
STATUTE OF LIMITATIONS - A statute that limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue
STAY - A temporary stop or delay in a judicial proceeding
STIPULATION - An agreement between the parties involved in a legal matter
STRIKE - To delete or cancel
SUBPOENA - A written order commanding a person to appear in court to testify in a legal action
SUBPOENA DUCES TECUM - Document personally served upon a person who has in his possession any books, instruments, etc., the production of which evidence is desired, commanding him/her to bring the items with him/her and produce them at the trial or hearing
SUBROGATION - The substitution of one person for another as a creditor
SUCCESSORS - Those persons, other than creditors, who are entitled to property of a decedent under his will
SUCCESSOR PERSONAL REPRESENTATIVE - Personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative
SUMMONS - A legal document issued by the Court that directs the sheriff to notify a party therein named to appear in court on or before a specified date and answer the complaint in an action commenced against him/her
SUPERIOR COURT - The state’s general jurisdiction court; jurisdiction over matters of probate, civil, family law, criminal felony cases; misdemeanor cases not otherwise provided for by law; acts as appellate court for lower jurisdiction courts
SUPPORT - Support refers to the provision of maintenance and includes medical insurance coverage and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance; in a Title IV - D case, support includes spousal maintenance that is included in the same order that directs child support
SUPPRESS - To forbid the use of evidence at a trial because t is improper or was improperly obtained
SUPREME COURT - The highest court and often called the court of last resort; the Supreme Court hears appeals from decisions of lower courts; death sentences are automatically referred to the Supreme Court for review
SURETY BOND - A bond purchased at the expense of the estate to insure the executor's proper performance
TESTACY PROCEEDING - A proceeding to establish a will or determine intestacy
TESTAMENTARY TRUST - A trust set up by a will
TESTATE - Having died and left a valid will; the hearing set is on Petition for Formal Probate of Will and Appointment of Personal Representative
TESTATOR - Person who makes a will
TITLE 36 GUARDIANSHIP - A guardian appointed for a person found to be gravely disabled as a result of a mental disorder in a proceeding for that purpose under Arizona’s mental health statutes
TORT - A probate or civil wrong or injury; a wrong independent of a contract
TRIAL DE NOVO - A new trial that is held upon appeal from a non - record court or from appeal of an arbitration award
TRUE BILL - An indictment returned by a grand jury
TRUST - Any arrangement, usually written, whereby one person (or corporation such as a bank) holds and/or administers assets for the benefit of another. It also includes an arrangement created by judgment or decree in which one party holds assets for the benefit of another. It does not include conservatorships, personal representatives, retirement plans or escrow arrangements
TRUSTEE - A person or corporation that holds or administers assets of the trust for the benefit of another
UNITED STATES DISTRICT COURTS - Courts that try both criminal and civil actions and admiralty cases
UNITED STATES SUPREME COURT - The highest court in the land, established by U.S. Constitution
USURY - Extraction of interest on a loan above the maximum rate permitted by statute
VACATE - To set aside
VENUE - The county, city, judicial district or other geographical area over which a certain court has power to exercise its jurisdiction
VERDICT - The decision of a jury reported to the court; the final, formal decision is the judgment of the Court, which usually carries out the verdict; if, however, the verdict is contrary to the law and the evidence, the judge may set it aside and enter a contrary judgment “notwithstanding the verdict”
VISITATION - See Parenting Time
VOIR DIRE - To speak the truth; this phrase denotes the preliminary examination of a juror or witness
WAIVE - To forego or give up a right.
WAIVER - The intentional or voluntary relinquishment of a known right
WARD - A person for whom a guardian has been appointed; a “minor ward” is a minor for whom a guardian has been appointed solely because of minority
WARRANT - Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search; an application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based
WILL - Any testamentary instrument, which disposes of the testator’s property or estate and/or appoints a personal representative, revokes a prior will or nominates a guardian
WITH PREJUDICE - A declaration that dismisses all rights; a judgment barring the right to bring or maintain an action on the same claim or cause
WITHOUT PREJUDICE - A declaration that no rights or privileges of the party concerned are waived or lost; in a dismissal these words maintain the right to bring a subsequent suit on the same claim or cause
WRIT - An order from a Court requiring the performance of a specified act or giving authority and commission to have it done; an order from a court commanding a certain thing to be done
WRIT OF HABEAS CORPUS - A writ issued by a court commanding a person who has the custody of another to bring him/her before the court at a certain place and time in order that the Court may determine whether the detention is lawful
WRIT OF REPLEVIN - A personal action brought to recover possession of goods