Common Legal Words
A
AKA: "Also known as". Used to list aliases or another name,
or another spelling of a name used by a person.
Accelerated Rehabilitation: Also called AR. A
program that gives persons charged with a crime or motor vehicle violation for
the first time a second chance. The person is placed on probation for up to two
years. If probation is completed satisfactorily, the charges are dismissed.
Acknowledgement: The signature of a clerk or attorney certifying that the person
filing the document has sworn that the contents are true, and/or that the
document is signed by his or her free act and deed.
Action: Also called a case or lawsuit. A civil judicial proceeding where
one party sues another for a wrong done, or to protect a right or to prevent a
wrong.
Adjournment: Postponement of a court session until another time or place.
Adjudication: A decision or sentence imposed by a judge.
Adjudication: A decision or sentence imposed by a judge.
Adjudicatory Hearing: Juvenile court proceeding to determine whether the allegations
made in a petition are true and whether the child/youth should be subject to
orders of the court.
Adult Court Transfer: The transfer of juveniles who are at least fourteen years old to
regular criminal dockets in Geographical Area or Judicial District courts. Also
involves the transfer from a Juvenile Detention Center to the State Department
of Correction.
Adult
Probation: A legal status, applied to people 16 years of age and older, who
have been convicted of a crime and placed under the supervision of a probation
officer for a period of time set by the court.
Affirmation: Declaring something to be true under the penalty of perjury by a
person who will not take an oath for religious or other reasons.
Affidavit: A written statement made under oath.
Alcohol Education Program: A pre-trial program
for first time offenders charged with driving a motor vehicle under the
influence of alcohol.
Alford Doctrine: A plea in a criminal case in which the defendant does not admit
guilt, but agrees that the state has enough evidence against him or her to get
a conviction. Allows the defendant to enter into a plea bargain with the state.
If the judge accepts the Alford Plea, a guilty finding is made on the record.
Alimony: Money a court requires one spouse to pay the other spouse for
support before and/or after the divorce is granted. If you do not ask for
alimony at the final hearing, you can never get it in the future.
Allegation: Saying that something is true. The assertion, declaration or
statement of a party in a case, made in a pleading.
Alternate Juror: A juror selected as a substitute in case another juror must leave
the jury panel.
Alternative Detention Program: Programs operated by service providers under the
Office of Alternative Sanctions used to detain juveniles instead of in a
Juvenile Detention Center.
Alternative Dispute Resolution: Also called ADR. Any
method used to resolve disputes other than traditional trial proceedings. For
example, mediation. ADR programs speed up the disposition of civil cases.
Alternative Incarceration Center: Also called AIC. A
community based program that provides monitoring, supervision and services to
people who would otherwise be incarcerated.
Amicus Curiae brief: A Latin term meaning
“friend of the court.” An Amicus Curiae brief is filed by someone who is not a
party to a case but has an interest in its outcome. A person who wants to file
an amicus curiae brief usually has to get the court’s permission to do so.
Answer: A court document, or
pleading, in a civil case, by which the defendant responds to the plaintiff's complaint.
Appeal: Asking a higher court to
review the decision or sentence of a trial court because the lower court made
an error.
Appeal Bond: Money paid to the court while taking an appeal to cover costs and
damages to the other party, if the appeal is not successful.
Appearance: The official court form
filed with the court clerk which tells the court that you are representing
yourself in a lawsuit or criminal case or that an attorney is representing you.
All court notices and calendars will be mailed to the address listed on the
form. When a defendant in a civil case files an appearance, the person is
submitting to the court’s jurisdiction.
Appellant: The party appealing a decision or judgment to a higher court.
Appellee: The party against whom an appeal is taken.
Arbitration: Submitting a case or
dispute to designated parties for a decision, instead of using a judge.
Arraignment: The first court
appearance of a person accused of a crime. The person is advised of his or her
rights by a judge and may respond to the criminal charges by entering a plea.
Usually happens the morning after a person is arrested.
Arrest: When a person is taken into custody by a police officer and
charged with a crime.
Arrearages: Money for alimony
and/or child support, which is overdue and unpaid.
Assistant Attorney General: An attorney who represents a state agency in civil cases.
Attachment: A lien on property or assets to hold it to pay or satisfy any
final judgment.
Attorney of Record: Attorney whose name appears in the permanent records or files of a
case.
B
Bail: Also called Bond. Money or property given to the court for the
temporary release of a defendant, to ensure that the defendant will return to
court.
Bail Bondsperson: A person who lends money to a defendant to pay for bail.
Bail Commissioner: A state-appointed person
who may set the amount of bond for persons detained at a police station prior
to arraignment in court, and who recommends to the court the amount of bond
that should be set for the defendant on each criminal case.
Bar: Refers to attorneys as a group.
Best Interest of the Child: The standard a judge
uses to decide custody and visitation issues.
Bench Warrant: Court papers issued by the judge, "from the bench," for
the arrest of a person.
Bond: Also called bail. Money or property given to the court for the
temporary release of a defendant, to ensure that the defendant will return to
court. There are two kinds of bonds:
Non-financial bonds:
a) Non-surety bond where the defendant's signature alone guarantees the amount of bond and the defendant is not required to post any property or retain the services of a professional bail bondsperson as collateral.
b) Promise to appear.
Surety bond: The court requires cash, real estate or a professional bail bondpersons signature as collateral before releasing the defendant back into the community. (The court may allow the defendant to post ten percent of the bond in cash to secure his or her release.)
Non-financial bonds:
a) Non-surety bond where the defendant's signature alone guarantees the amount of bond and the defendant is not required to post any property or retain the services of a professional bail bondsperson as collateral.
b) Promise to appear.
Surety bond: The court requires cash, real estate or a professional bail bondpersons signature as collateral before releasing the defendant back into the community. (The court may allow the defendant to post ten percent of the bond in cash to secure his or her release.)
Bond Forfeiture (calling the Bond): If the defendant fails
to appear in court as scheduled, the judge may order the bond forfeited (paid
to the state) and the defendant rearrested.
Bond Review: A hearing for a judge to decide if the defendant’s bond amount
needs to be changed.
Bondsman: A surety; one who has put up cash or property as collateral before
a defendant may be released.
Brief: A written document prepared by a lawyer or party on each side of
a dispute and filed with the court in support of their arguments.
Broken Down Irretrievably: The most common reason for granting a divorce. It means there is
no hope of the husband and wife getting back together again. Also known as
"no-fault" divorce.
C
Calendar: A list of court cases
scheduled for a specific date and time; the civil and family court docket.
Calendar Call: The calling of cases scheduled for the day, usually done at the
beginning of each court day.
Capias Mittimus: A civil arrest warrant used to get a person physically into court
to respond to a specific case or claim.
Capital Felony: A criminal offense in which the death penalty may be imposed
(C.G.S. '53a-54b).
Case: A lawsuit or action in a court.
Case Conference: A meeting scheduled by the court to review the case.
Case File: The court file containing papers submitted in a case.
Case Flow Coordinator: A person who keeps track of your case and supervises the
scheduling of hearings and trials.
Central Transportation Unit: Persons in the Division of Juvenile Detention
Services who provide safe and secure transportation services for juveniles
detained at Juvenile Detention Centers, Alternative Detention Program and
Girls’ Detention Program.
Certify: To testify in writing; to make known or establish as a fact.
Challenge: Rejecting a potential juror.
Charge: Formal accusation of a crime.
Charge to Jury: In trial practice, an address delivered by the court to the jury
at the close of the case instructing the jury as to what principles of law they
are to apply in reaching a decision. Civil | Criminal
Chattels: All property except real property; personal property. For example:
jewelry, clothing, furniture, and appliances.
Child: Any person under the age of sixteen (16) years of age.
The "Chip Smith Charge" is an instruction to
deadlocked jurors in civil and criminal cases, urging those
jurors who disagree with the majority vote to reexamine the majority views in
an effort to reach a unanimous verdict.
CIP: Children in Placement- a voluntary program in Juvenile Court,
which monitors neglect, cases.
Civil Action: A lawsuit other than a criminal case usually filed in a Judicial
District courthouse. Includes family actions (divorces, child support, etc) and
small claims cases, although these are both separately designated.
Claim: In civil cases, the statement of relief desired.
Classification and Program Officer: Also called CPO. A
person who provides classification, program, counseling and recreational
services to detained juveniles. May attend certain court hearings in Juvenile
Matters and provide reports.
Common Law: Laws that develop through case decisions by judges. Not enacted by
legislative bodies.
Community Service: Work that convicted defendants are required to perform in order
to repay the community for the harm caused to the community by the crime.
Community Services Coordinator: The person who refers a defendant to community
service work and supervises the defendant’s completion of that work.
Community Service Labor Program: Also called CSLP. A
community service program for persons charged with drug offenses. Upon
successful completion of the community service sentence, the criminal case is
dismissed.
Complaint: A legal document that
tells the court what you want, and is served with a summons on the defendant to
begin the case.
Complex Litigation: A specialized docket
designed for complex civil cases, where one judge hears the case from beginning
to end. Criteria includes: multiple parties, large amounts of money, lengthy
trial or complex legal issues.
Conditional Discharge: A disposition, in criminal cases, where the defendant must satisfy
certain court-ordered conditions instead of a prison term.
Contempt of Court: A finding that someone
disobeyed a court order. Can also mean disrupting court, for example, by being
loud or disrespectful in court.
Continuance: The adjournment or postponement of a court case to another day.
Continuance Date: Date on which the case will next be heard in court.
Contract: A legally enforceable agreement between two or more persons or
parties.
Conviction: To be found guilty of committing a crime.
Costs: Expenses in prosecuting or defending a case in court. Usually does
not include attorney’s fees.
Count: The different parts of a complaint, which could each be a basis or
grounds for the lawsuit.
Counter Claim: A claim by the defendant
in a civil action that the defendant is entitled to damages or other relief
from the plaintiff.
Court-Appointed Attorney: An attorney who is asked by the court (judge) to either represent
a party to the case, or to serve in some other capacity that the case requires.
Court Clerk: The person who maintains the official court record of your case.
The court clerks’ office receives all court papers and assigns hearing dates.
Court Interpreter: The person who translates court hearings from English to another
language. Provided at state expense in all criminal cases and in cases
enforcing child support orders, if requested. No interpreter is available for
divorce or any other civil case.
Court Monitor: The person who prepares a written record of the court hearing for
a fee, if requested, from audiotapes made during the hearing.
Court Reporter: The person who records everything said during the court hearing
on a stenograph machine and prepares a written record for a fee, if requested.
Court Services Officer: A person who assists the judge and oversees cases as they go
through the court.
Court Trial: Trial by a judge, rather than by a jury.
Crime Victim Compensation Program: Awards money to crime
victims and their families for medical, mental health, dental, funeral expenses,
lost wages and loss of support.
Cross-Examination: Questioning by a party or the attorney of an adverse party or a
witness.
Custody: A court order deciding where a child will live and how decisions
about the child will be made. Parents may ask for any custody arrangement that
they believe is in the best interest of their child.
Custody Affidavit: A sworn statement
containing facts about a child involved in a case, including full name of the
child, date of birth, current and past residences and other information as may
be required by law.
D
Damages: Money a party receives as compensation for a legal wrong.
Day Incarceration Center: Also called DIC. A community based program that provides
monitoring, supervision and services to people who would otherwise be
incarcerated. Day Incarceration Center clients are supervised during the
daytime hours, seven days per week.
Declaration: An unsworn statement of facts made by a party to the transaction,
or by one who has an interest in the facts recounted.
Default: To fail to respond or
answer to the plaintiff’s claims by filing the required court document; usually
an Appearance or an Answer.
Defendant: In civil cases, the person who is given court papers, also called
a respondent. In criminal cases, the person who is arrested and charged with a
crime.
Delinquent: In civil or family cases, failing to pay an amount of money when
due: In juvenile cases, a child who violated a law, local ordinance, or an
order of the Superior Court.
Deposition: Testimony of a witness taken, under oath, in response to another
party's questions. Testimony given outside the courtroom, usually in a lawyer's
office. A word for word account (transcript) is made of the testimony.
Detention Hearing or Detention Release Hearing: A hearing on the first
business day after a juvenile is admitted to juvenile detention concerning the
legality and appropriateness of continued detention of the juvenile. The
detention decision must be reviewed at least every fifteen days.
Discovery: A formal request by one party in a lawsuit to disclose information
or facts known by other parties or witnesses.
Dismissal: A judge's decision to end the case.
Dismissal Without Prejudice: A judges decision to end the case which permits
the complainant or prosecutor to renew the case later. In contrast, dismissal
"with prejudice" prevents the complainant or prosecutor to bring or
maintain the same claim or action again.
Dispose: Ending a legal case or a judicial proceeding.
Disposition: The manner in which a case is settled or resolved.
Diversionary Programs: Community based programs
that are used to keep eligible, convicted criminal offenders out of prison.
Docket: A list of cases scheduled to be heard in court on a specific day
or week.
Docket Number: A unique number the court clerk assigns to a case. It must be
used on all future papers filed in the court case. Each docket number starts
with two letters that tell the type of case. CI = criminal infraction; CR =
criminal case; CV = civil case; FA = family case; MI = motor vehicle
infraction; MV= motor vehicle case; SC = small claims.
Domicile: The permanent home of a person. A person may have several
residences, but only one domicile.
Drug Court: A Special Session of the Superior Court that is responsible for
hearing cases involving charges of drug offenses.
E
Education Program: A program for family
violence offenders that, if granted and successfully completed, results in
dismissal of criminal charges (C.G.S. §46b-38c).
Ejectment: A legal case filed against someone who is a holdover tenant
(someone who remains after the expiration of a lease).
Electronic Monitoring: An electronic system that provides the Probation Officer or Bail
Commissioner a report about whether the offender has left home during the time
when the offender was required to remain at his or her home.
Emancipated Minor: A person under the legal majority age of 18 who is granted most
rights and legal privileges of an adult (C.G.S.§46b-150, et seq.).
Emancipation: The release of a youth from the legal authority and control of the
youth's parents and the corresponding release of the youth’s parents from their
obligations to the youth.
Eminent Domain: The legal process by which private property is taken for public
use without the consent of the owner.
Ex Parte: Done for, or at the request of, one side in a case only, without
prior notice to the other side.
Execution Suspended: A prison sentence that is suspended in whole or in part provided
certain conditions of probation or conditional discharge are met by the
defendant.
F
Failure to Appear: In a civil case, failing to file an Appearance form. In a criminal
case, failing to come to court for a scheduled hearing.
Family Relations Counselor: A person who mediates disagreements and negotiates agreements in
custody, visitation and divorce cases. At the request of the judge, a family
relations counselor may evaluate a family situation by interviewing each parent
and the children in the family. The family relations counselor then writes a
report for the judge, making recommendations about custody and visitation.
Works in the Family Services Office.
Family
Support Magistrate: A person who decides cases involving child support and paternity.
Can also enforce court orders involving paternity, child support and alimony.
Family Violence Education Program: A program for family
violence offenders that if successfully completed, results in the dismissal of
criminal charges.
Family Violence Victim Advocate: A person who works with
domestic violence victims to determine their needs and inform them of their
rights and resources available to them.
Family With Service Needs: Also called FWSN. A family that includes a child, who (a) runs
away without just cause, (b) is beyond the control of his/her parents/guardian,
(c) has engaged in indecent or immoral conduct, and/or (d) is a truant or
continuously defiant of school rules and regulations.
Felony: Any criminal offense for which a person may be sentenced to a term
of imprisonment of more than of one year.
Felony Murder: A murder committed while the person is also committing a felony.
Filing: Giving the court clerk legal papers which become part of the case file.
Filing: Giving the court clerk legal papers which become part of the case file.
Financial Affidavit: A sworn statement of
income, expenses, property (called assets) and debts (called liabilities).
Finding: The court’s or jury’s decision on issues of fact.
Foreclosure: A court order ending the legal ownership of property.
G
Garnishment: A court order to collect money or property. For example, a
garnishment may be issued to an employer to pay part of an employee’s wages to
someone else to pay a debt or judgment.
GA - Geographical Area: Geographical Area. The court location where
motor vehicle and most criminal cases are heard. There are 22 Geographical Areas in
Connecticut.
Guardian: A person who has the
power and duty to take care of another person and/or to manage the property and
rights of another person who is considered incapable of taking care of his or
her personal affairs.
Guardian Ad Litem: A person, usually a
parent, appointed by the court to represent a child or unborn person in a court
case. If a family member is not available, a judge may appoint an attorney.
H
Habeas Corpus: A court order used to bring a person physically before a court in
order to test the legality of the person's detention. Usually, it is directed
to the official or person detaining another, commanding him to bring the person
to court for the judge to determine if that person has been denied liberty
without due process of law.
Hearsay: Testimony given by a witness who tells second or third hand
information.
Honor Court: A program of outpatient group therapy for alcohol abusers.
Housing Specialist: A person who provides
pretrial mediation of landlord/tenant cases to reach settlement. Also provides
information about community resources to litigants.
Hung Jury: A jury whose members cannot reconcile their differences of opinion
and thus cannot reach a verdict.
I
Incarceration: Confinement to a state correctional institute or prison.
Income Withholding Order: A court order to deduct child support or alimony payments from
someone's wages. All child support court orders must include an income
withholding order unless both parents ask the judge not to.
Indigent: Someone without enough money to either support himself or herself
or his or her family. Someone who cannot afford to pay certain fees required by
the court. (Civil, Family, Housing | Juvenile)
Information (the): In a criminal case, the
formal court document in the clerk's file, which contains the charges, dates of
offenses, bond status, continuance dates and disposition.
Infraction: A case where the fine may be paid by mail and usually the person
does not have to appear or come to court. For example, a speeding ticket. (Infractions Schedule)
Injunction: A court order to stop doing or to start doing a specific act.
Interpreter: The person who correctly translates court hearings from a second
language to English. An interpreter is provided at no cost to the person who
needs the interpreter in all cases where the person's life, freedom, children
or housing are at risk of being taken away. Interpreters are also provided for
criminal and child support cases.
Interrogatory: Formal, written
questions used to get information from another party in a lawsuit.
Investigatory Grand Jury: A judge, constitutional state referee or any three judges of the
Superior Court, appointed by the Chief Court Administrator to conduct an
investigation into the commission of a crime or crimes.
J
Judge: A person who hears and decides cases for the courts. Appointed by
the governor for a term of eight years and confirmed by the General Assembly.
Judgment: A court decision. Also called a decree or an order.
Judgment File: A permanent court record of the court’s final disposition of the
case.
JD - Judicial District: Connecticut has 13 judicial districts (JD) in which civil, criminal, family and juvenile matters are heard. Civil jury, civil non-jury, administrative appeals and family matters generally are heard in a JD courthouse.
JD - Judicial District: Connecticut has 13 judicial districts (JD) in which civil, criminal, family and juvenile matters are heard. Civil jury, civil non-jury, administrative appeals and family matters generally are heard in a JD courthouse.
Juris Number: An identification number assigned to each attorney in
Connecticut.
Jurisdiction: Power and authority of a court to hear and make a judgment in a
case.
Juror: Member of a jury.
Jury Charge: The judge's formal instructions on the law to the jury before it
begins deliberations.
Jury Instructions: Directions given by the judge to the jury concerning the law of
the case. (Civil | Criminal)
Juvenile Court: Also called Superior Court for Juvenile Matters. A special division of
the Superior Court designated to hear all cases concerning uncared for,
dependent children and youth and delinquents. All juvenile court proceedings
and case records are confidential and are not public information.
Juvenile Delinquent: A person under the age of 16 who commits a criminal act.
Juvenile Detention: State facility to
provide for the temporary care of a child who alleged to be delinquent and who
requires a physically restricted, secure environment.
Juvenile Detention Center: A secure facility for juveniles operated by the Division of
Juvenile Detention Services of the Connecticut Judicial Branch, open 24 hours a
day, 7 days a week.
Juvenile Detention Officer: Also called JDO. A person who works within a
Juvenile Detention Center.
Juvenile Matters: All cases concerning
uncared for, neglected or dependent children and youth, termination of parental
rights of children committed to a state agency, matters concerning families
with service needs, contested matters involving termination of parental rights
or removal of guardian transferred from the Probate Court and the emancipation
of minors. It does not include guardianship or adoption cases, or matters
affecting property rights of any child or youth over which the Probate Court
has jurisdiction. The Probate Court hears appeals concerning adoption,
termination of parental rights and removal of a parent as guardian are
included. Juvenile matters in the criminal session include all cases concerning
delinquent children in the state.
Juvenile Probation: Placement of an
adjudicated delinquent under the supervision of a juvenile probation officer.
Juvenile Transportation Officer: Also called JTO. A
person who provides safe transportation services for juveniles in custody.
L
Law
Librarian: Court staff who maintain legal reference and research materials
for public use.
Legal Aid or Legal Services: Free legal
representatives in civil cases for income eligible persons. Call 1-800-453-3320
to apply.
Legal Custody: Relationship with a child created by court order which gives a
person legal responsibility for the physical possession of a minor and the duty
to protect, care for and discipline the child.
Legal Separation: A court order
describing the conditions under which two married people will live separately.
Lien: A charge, hold, or claim upon property of another as security for
a debt.
Lis Pendens: A pending lawsuit. Jurisdiction or control that courts have over
property in a case waiting for final disposition. A notice of lis pendens is
filed on the land records.
Litigant: A party to a case.
Lockout: Illegally forcing a tenant out of rented property, usually by
changing the locks on the doors.
M
Magistrate: A person who is not a judge but who is authorized to hear and
decide certain types of cases. For example, family
support magistrates hear cases involving child support.
Mandamus: An order directed to a private corporation, or any of its
officers, or to an executive, administrative or judicial officer, or to a lower
court, commanding the performance of a particular act.
Marshal: The persons responsible for courthouse security including the
metal detectors at the entrance of each courthouse and maintaining order in
each courtroom. A marshal can also serve (give copies of) legal papers to the
other people named in a lawsuit.
Mediation: A dispute resolution
process in which an impartial third party assists the parties to voluntarily
reach a mutually acceptable settlement.
Minor: A person under age 18,
the age of legal majority.
Misdemeanor: A crime that carries a
maximum penalty of one year and/or a $2,000 fine.
Mitigating Circumstances: Circumstances that may be considered to reduce the guilt of a
defendant. Usually based on fairness or mercy.
Mittimus Judgment: Also called a Mitt. The formal document prepared by the court
clerk to present a convicted defendant in a criminal case to the Department of
Correction for incarceration.
Modification: Request to change a prior order. Usually requires showing a change
in circumstances since the date of the prior order.
Motion: Usually written request to the court in a case. Filed with the
clerk’s office.
Movant: The person who filed the motion, or request, to the court.
Moving Party: The person making the request to the court in a case.
N
Ne Exeat: A legal paper requesting that a person be required to remain
within the jurisdiction of the court (either through incarceration or posting
of a bond.)
Neglected Minor: A child or youth who has (a) been abandoned, (b) is being denied
proper attention, (c) is being permitted to live under conditions injurious to
his/her well being, or (d) has been abused.
No Contact Order: A court order that prohibits contact by a defendant with a victim;
can be ordered by a judge, a bail commissioner, a probation officer or a parole
officer.
No Fault Divorce: The most common kind of divorce, where no one needs to prove that
the husband or the wife is at fault, or caused the marriage to end. Described
as "broken down irretrievably".
Nolle: Short for nollo prosequi, which means "no prosecution".
A disposition of a criminal or motor vehicle case where the prosecutor agrees
to drop the case against the defendant but keeps the right to reopen the case
and prosecute at any time during the next thirteen months. The nolle is entered
on the court record and the defendant is released from custody. If the
defendant stays out of trouble during the thirteen months, the case is removed
from the official court records.
Nolo Contendere: It means "no
contest". A plea in a criminal case that allows the defendant to be
convicted without admitting guilt for the crime charged. Although a finding of
guilty is entered on the criminal court record; the defendant can deny the
charges in a civil action based on the same acts.
No Contest: A plea in a criminal case that allows the defendant to be
convicted without admitting guilt for the crime charged. Also called nolo
contendre. Although a finding of guilty is entered on the criminal court
record, the defendant can deny the charges in a civil action based on the same
acts.
Non-Suit: Vacating a case by the court, usually for failure to prosecute.
Notarize: To formally complete a document by acknowledgement or oath.
O
Oath: To swear/affirm to the truth of a statement/document.
Office of Adult Probation: A division within the
Judicial Branch. The primary responsibilities of the Office of Adult Probation
are to supervise persons placed on probation, to conduct investigations for the
court to provide background information on convicted offenders and to conduct
eligibility investigations for special programs.
Order: A written direction of a court or judge to do or refrain from
doing certain acts.
Order to Detain: An order signed by a judge of the Superior Court authorizing
admission of a juvenile to a Juvenile Detention Center, pending a hearing on
the next business day.
Order of Detention (Detention Order): An order issued by a
judge of the Superior Court finding that there is probable cause that a
juvenile committed an offense or a violation of a court order and ordering that
the juvenile be held in a Juvenile Detention Center or some alternative
facility until further order of the court.
Orders of Temporary Custody: Also called an OTC. Court order placing a child
or youth in the short-term legal custody of an individual or agency authorized
to care for juveniles.
P
Parcel: A tract or a plot of land.
Parenting Education Program: A mandatory program for
persons involved in a divorce with children or a custody or visitation case.
Must be attended within 60 days of the return date on the summons.
Parties: The people or legal entities that are named as plaintiff(s) and
defendant(s) on legal papers.
Party: A person or legal entity that is named as a plaintiff or
defendant on legal papers.
Pendente lite order: A court order made before final orders are granted.
Peremptory Challenge: The rejection of a
prospective juror by the attorneys in a case, without having to give a reason.
State law defines the number of peremptory challenges available.
Petition: A formal written request to a court, which starts a special
proceeding. In juvenile court, the legal document which specifies the complaint
against the juvenile and/or family; it includes the name, age and address of
the minor and his/her guardian, as well as the statutory grounds and facts upon
which the request for the court intervention is based.
Petitioner: Another word for plaintiff, the person starting the lawsuit.
Plaintiff: The person who sues or starts a civil case, also called the
petitioner or the complainant.
Plea: An accused persons answer to a criminal charge. For example: not
guilty; guilty; no contest.
Plea Bargain: The agreement a defendant makes with the prosecutor to avoid a
trial. Usually involves pleading guilty to lesser charges in exchange for a
lighter sentence.
Pleadings: The court documents filed with the court by the parties in a civil
or criminal case. For example: motion to dismiss; motion for modification.
Posting Bond: To pay the court ordered bond amount with cash or property.
Post Judgment: Any request to a court or action by a judge after a judgment in a
case.
Practice Book: Contains the rules of
court and forms which must be followed in all Connecticut court cases.
Available in all courthouse law libraries.
Pre-Sentence Investigation: Also called PSI. A background investigation conducted by a
probation officer on a person who has been convicted of a criminal offense.
Pretrial: In a civil case, a conference with a judge or trial referee to
discuss discovery and settlement. In a criminal case, a conference with the
prosecutor, defense attorney and judge to discuss the case status and what will
happen next.
Pretrial Hearing: Conference with attorneys to determine scope of possible trial
with view toward resolving issues through agreement.
Probable Cause Hearing: A hearing held before a judge in criminal cases to determine if
enough evidence exists to prosecute. The probable cause hearing must be
conducted within 60 days of the filing of the complaint or information in
Superior Court, unless the accused person waives the time or the court grants
an extension based on good cause.
Probate/Probate Court: A court with limited
authority to hear certain kinds of cases, such as adoption, guardianship,
mental health commitments. Not a part of the Superior Court system.
Probation: When a convicted
offender receives a suspended term of incarceration and is then supervised by a
probation officer for a period of time
set by a judge.
Probation Absconder: A person under probation supervision whose location is unknown, in
violation of the conditions of their probation.
Promise to Appear: A type of non-financial bond where the defendant agrees to return
to court without giving cash or property.
Prosecute: To carry on a case or judicial proceeding. To proceed against a
person criminally.
Prosecutor: Also called the state's attorney. Represents the state in a
criminal case against a defendant.
Public Defender: An attorney appointed and paid by the state who defends a person
in a criminal case after the court finds that the person is
indigent--financially unable to hire a private attorney.
R
Ready: Means ready to start the trial or begin oral argument. Usually
said by an attorney or party in response to a judge calling the list of
scheduled cases.
Record: The pleadings, the exhibits and the transcript made by the court
reporter of all proceedings in a trial.
Referee: Judges who reach the mandatory retirement age of 70 may be
designated as Judge Trial Referees by the Chief Justice and can hear and decide
certain types of cases.
Regional Child Protection Docket: A specialized court
designed to hear complicated child protection cases. One judge hears the case
from start to finish. Located in Middletown.
Regional Family Trial Docket: A specialized court
designed to hear complicated family cases. One judge hears the case from start
to finish. Located in Middletown.
Residential Treatment Programs: Programs that provide extensive drug or alcohol
treatment on an inpatient basis.
Respondent: Another word for defendant; the person responding to a lawsuit. In
Juvenile court, the word refers to the person or persons named in a petition.
When used in Practice Book Sec. 2-29 through 2-62 the word
"respondent" shall mean the attorney against whom a grievance
complaint or presentment has been filed or a person who is alleged to have been
engaged in the unauthorized practice of law pursuant to General Statutes §
51-88."
Rest: To be done presenting the evidence in a case, as in "the
plaintiff rests".
Restitution: Money ordered to be paid
by the defendant to the victim to reimburse the victim for the costs of the
crime. Generally making good, or giving the equivalent for any loss, damage or
injury caused by a persons actions. Often a condition of probation.
Return
Date: The date on which the
90-day waiting period for a divorce begins. Also, the date that starts the
countdown for things taking place in a case, including the deadlines for filing
certain papers, including the date by which the defendant should file an
appearance. Nothing happens in court on the return date and no one needs to go
to court on the return date. The return date is always a Tuesday in civil and
family cases. In summary process (eviction) cases, the return date is any week
day, Monday through Saturday, except a holiday, usually 7 to 10 days from the
date the clerk signs the summons if the summons is signed by the clerk.
Revocation Hearing: A hearing held before a judge to determine whether or not a person
has violated the conditions of probation. If there is a finding that a
violation has occurred, the judge may impose all or part of the original
sentence.
Rule to Show Cause: Summons compelling a person to appear in court on a specific date
to answer to a request that certain orders be modified or vacated.
S
Seal: A court order closing a
case file from public review, usually in cases of youthful offenders and
acquittal. Prevents the public from obtaining information on the cases.
Senior Judge: A judge who reaches the age of 65, or who meets certain other
requirements and chooses senior status. Senior judges hear cases on a part time
basis until they reach the mandatory retirement age of 70.
Sentences: The penalty imposed by a judge after the defendant is convicted of
a crime. Sentences can be: Concurrent - Multiple sentences will be served at
the same time (i.e., sentences of 10 years, 8 years and 2 years - to be served
concurrently - equal a total effective sentence of 10 years.) Consecutive - The
sentences are served back-to-back. The same example above would equal a total
effective sentence of 20 years.
Sentencing: When a criminal defendant is brought before a judge after
conviction for ordering the terms of the punishment.
Sentence Modification: A defendant’s written
application to the sentencing judge or court to reduce the sentence at any time
during the sentence. The judge conducts a hearing. If the original sentence was
more than three years, the prosecutor must agree.
Sentence Review: A defendant’s written
application to a three judge panel to review the sentence. Must be filed within
30 days after being sentenced with the court clerk. A review decision can
increase or decrease the sentence.
Serious Juvenile Offender: A child who has been adjudicated by the juvenile court for a
serious juvenile offense.
Serious Juvenile Offense: Certain criminal offenses listed in the Connecticut General
Statutes, which are crimes against persons, serious property crimes and certain
drug offenses. A juvenile charged with a Serious Juvenile Offense by police may
be admitted to a Juvenile Detention Center with a prior court order and may be
released only by order of a judge of the Superior Court.
Service: The legal method for giving a copy of the court papers being filed
to other parties in a case.
Short Calendar: A list of cases in which
hearing by the judge or magistrate is requested or required.
Slip Opinions: Opinions, or written
decisions, of the Supreme Court or the Appellate Court that are publicly
released prior to their official publication in the Connecticut Law Journal.
Small
Claims: Civil actions to recover damages, or money, up to $5000.The rules
of evidence are relaxed and people often represent themselves instead of hiring
an attorney.
Special Sessions of the Superior
Court: A program of the Judicial Branch where cases of a single type are
heard by the same judge through the entire case. For example: Drug Session; Tax
Session; Community Court.
State Referee: A retired judge who presides over cases referred by the court with
agreement of counsel for both parties. Has full powers of an active trial
judge.
States Attorney: An attorney who represents the state in criminal cases. The
prosecutor.
Statute of Limitations: A certain time allowed
by law for starting a case. For example, six years in a contract case.
Stay: Temporarily stopping a judicial proceeding.
Stipulation: Also called a "stip." A written agreement by the parties
or their attorneys.
Subpoena: A command to appear in court to testify as a witness.
Subpoena Duces Tecum: A legal paper requiring someone to produce documents or records
for a trial.
Substance Abuse Education: A community based program for drug offenders that provides
education about the harmful effects of drug abuse and also supervises community
service.
Substitute Charge: In a criminal case, a charge that
replaces the original charge by the prosecutor.
Summons (Juvenile): A written notice issued by the court commanding a person to appear
in a court at a given date and time. A summons is issued to an individual
charged or other party on a petition or complaint.
Support Enforcement Officer: A person who supervises
child support payments and brings parents to court to enforce child support
orders. May also file legal papers to modify or change child support orders.
T
Testimony: Statements made by a witness or party under oath.
Time Served: A sentence of incarceration equal to the amount of time a
defendant has already spent in state custody waiting for disposition of the
case.
Title: Legal recognition of the ownership of property, usually proven by
a document.
Tort: A civil injury or wrong to someone else, or their property.
Transcript: The official written record of everything that was said at a court
proceeding, a hearing, or a deposition.
Transfer Hearing: Juvenile Court hearing to determine whether a child, 14 or older,
charged with a serious juvenile offense should have his/her case transferred to
a criminal court and be subject to the same processes and penalties as an adult
charged with the same crime.
Trial De Novo: A new trial or retrial in which the whole case with evidence and
witnesses is presented as if no previous trial had been held.
Trial Referee: An attorney appointed by the Chief Justice to hear any civil
non-jury case where the parties agree to use a trial referee and all the legal
papers have been filed.
U
Uncared For: Legal description of a
child or youth who is homeless or whose home cannot provide the specialized
care which his/her physical, emotional or mental condition requires.
Unconditional Discharge: A sentence in a criminal case in which the defendant is released
without imprisonment, probation supervision or conditions.
V
Vacate: To cancel or rescind a court order.
Venue: The court location.
Victim Services Advocate: A person who assesses a
victim’s needs and helps the victim understand the court case, how to exercise
their rights and how to access other resources.
Visitation: A court order deciding
the amount of time a non-custodial parent may spend with his or her child, also
called parenting time or access.
Violation: An offense for which the only sentence authorized is a fine.
Voir Dire: "To speak the truth." The process of questioning
prospective jurors or witnesses about their qualifications.
W
Wage Execution: The process of deducting
money from wages to pay a judgment. Also called a garnishment or attachment.
Wage Withholding: A court order to deduct
child support or alimony payments from someone’s wages. All child support court
orders must include an income withholding order unless both parents ask the
judge not to.
Witness: A person who testifies to what they saw, heard, observed or did.
Writ: Legal paper filed to start various types of civil lawsuits.
Y
Youth: Any person sixteen (16) to eighteen (18) years of age.
Youthful Offender: The legal status of
persons who have been arrested for a crime committed when they were between the
ages of 16 and 18 and who meet other requirements. All 16- and 17- year-old
defendants are treated as youthful offenders, except those who have been
charged with certain felonies, have already been convicted of a felony on the
adult docket, or have been adjudicated as a serious juvenile offender. For
defendants treated as Youthful Offenders, the information and proceedings are
confidential and do not become a part of the person’s criminal record.
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