CourtHelp Legal Glossary

Rules made by the United States Sentencing Commission that trial Judges use to help them decide the sentence of a convicted defendant in a federal court case.

The property that a spouse owns by themself. In most cases this includes: 1. Things that were owned before the marriage. 2. Things that were received as a gift or by inheritance, at any time. Separate property is not included when figuring out how to divide property during a divorce.

When a married couple agree that the relationship is over by agreement or court order.

A written agreement that lists the terms of separation. This usually says what money will be paid for child(ren), maintenance payments, division of martial property, child care and related issues. This agreement must be formally signed and witnessed (notarized) and covers the time before the divorce but after the separation.

Usually the date when one or both married people decide that the marriage is over and take some action to show this, like moving out of the house.

1. To separate or hold aside to keep safe. 2. Sequestered: When jurors can't go home until a case is over.

The delivery of legal papers in a case. Service officially tells a person that something is happening in a case. If a party is not properly served it can be a reason for a case to be dismissed. The papers must be delivered by a person 18 years old or older who is not part of the case. This person must then swear in an affidavit about the date and method of delivery.

After a court says that other ways of service won't work or have been unsuccessful it can allow service to start a case by putting a notice in a newspaper.

The delivery of court papers to the other side to start a case.

A meeting scheduled every three to six months where the youth’s foster care agency explains their permanency plan and talks about what services are available to them. Youth have the right to know about their SPR, attend their SPRs and can bring a supportive adult with them.

To resolve or reach an agreement.

A formal, voluntary, signed, written agreement between the parties that solves the issues in a case before a Judge's decision or a jury verdict.

Before an appeal, the steps in getting and fixing the record (transcript) of a trial.

To separate parts of a case that can be brought to court in a new case.

A person with the power to enforce the orders of the court. This person can take away personal and real property.

When the lender agrees to let the borrower sell the property for less than is owed on the loan. Money from the sale goes to the lender, and the lender says the loan is paid off. This normally happens when the property is worth less than then the amount still owed on the loan.

A court order telling a person to come to court and give any evidence why the request in the order should or should not be allowed or executed. An order to show cause is usually based on an affidavit (a sworn paper) asking the Judge to make certain decisions.

Latin: "Without a day." For example: “This case is adjourned sine die,” means that the case is off the calendar and there is no future court date.

False or malicious statements that are insulting or belittling) and hurt a person's reputation.

Special case started by an owner/resident of a one, two or three family building to question the amount of taxes of the building.

A civil case for $5,000 or less. 

The division of the trial court that handles civil cases asking for $5,000 or less. The plaintiff can file either a small claims case or a regular civil case in superior court. Small claims court is simple, quick, and cheaper than a regular civil case.

A probate case for an estate worth less than an amount specified by law.

A court order that says one parent has the legal right to make major decisions affecting the child, like health care, education, and religion. If the parents do not agree on a decision about the child, the parent with sole legal custody has the right to make the final decision alone. “Sole custody” does not give one parent the right to move away with the child without telling the other parent, unless the court order gives that right.

See primary physical custody.