A B C D E F G H I J L M N O P Q R S T U V W

C

calendar - The clerk of the court's list of cases with dates and times set for hearings, trials or arguments.

calling the docket - The public calling of the docket or list of cases, for the purpose of setting a time for trial or entering orders.

caption - The heading or introductory clause on documents filed that shows the names of the parties, name of the court, number of the case, etc.

case - A legal dispute.

case law - Law based on published judicial decisions.

cause - A lawsuit, litigation or legal action.

cause of action - Facts giving rise to a lawsuit.

caveat emptor - Let the buyer beware. This phrase expresses the 19th century rule of law that the purchaser buys at his own risk.

certiorari - Order to a lower court to deliver the record of a case to an appellate court.

challenge for cause - The objection to the inclusion of a person on a jury for a stated reason. Attorneys can make this challenge as necessary during voir dire.

change of venue - Moving a trial to a new location, generally because pre-trial publicity has made it difficult to select an impartial jury.

charge to the jury - The judge's instructions to the jury concerning the law applicable to the case.

charitable trust - A trust set up to benefit a charity.

circuit courts - In several states, the name given to a tribunal, the territorial jurisdiction of which may comprise several counties or districts. In the federal system, the courts of appeal beneath the U.S. Supreme Court.

citation - A reference to a source of legal authority. Also, a direction to appear in court, as when a defendant is cited into court, rather than arrested.

civil actions - Noncriminal cases in which one private individual or business sues another to protect, enforce, or redress private or civil rights.

claim - An assertion of a right to money or property made by the injured party that is suing.

clear and convincing evidence - A level of proof requiring the truth of the facts asserted to be highly probable.

clerk of the court - A court employee who is responsible for maintaining permanent records of all court proceedings and exhibits, and administering the oath to jurors and witnesses.

codicil - An amendment to a will.

common law - Law arising from tradition and judicial decisions rather than laws passed by the legislature.

common law action - A case in which the issues are determined by common law legal principles established by courts and tradition, as opposed to statutes.

comparative negligence - A legal doctrine where the actions of both parties to a civil suit are compared to determine the liability of each to the other.

complainant - The individual who initiates a lawsuit; synonymous with "plaintiff."

complaint (civil) - Initial document filed by the plaintiff in a civil case stating the claims against the defendant.

complaint (criminal) - A formal accusation charging that a person has committed an offense.

conditional release - A release from custody, without the payment of bail, which imposes regulations on the activities and associations of the defendant.

conservatorship - Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself.

consideration - Something of value given in return for another's performance or promise of performance; generally required to make a promise binding and to make agreement of parties enforceable as a contract. Consideration may be either executed or executory, express or implied.

contempt of court - Any act calculated to embarrass, hinder, or obstruct a court. Contempts are of two kinds: direct and indirect. Direct contempts are those committed in the immediate presence of the court; indirect is the term mostly used with reference to the failure or refusal to obey a court order. Any party found in contempt of court normally receives sanctions.

continuance - The postponement of a proceeding to a later date.

contract - A legally enforceable agreement between two or more competent parties made either orally or in writing.

contributory negligence - Legal doctrine that says that a plaintiff cannot recover damages in a civil action for negligence if the plaintiff was also negligent.

conviction - A trial verdict or judgment that a criminal defendant is guilty of a crime.

copyright - The right to literary property, giving authors, composers, and other creators the sole right to reproduce and distribute their work for a limited period of time.

corpus delecti - Body of the crime. The objective proof that a crime has been committed.

corroborating evidence - Supplementary evidence that supports the initial evidence.

counsel - Legal advice; also a term used to refer to lawyers in a case.

counterclaim - A claim by a defendant in a civil case that the plaintiff has injured him or her.

court costs - The expenses in addition to legal fees of prosecuting or defending a lawsuit.

court of last resort - The final court that decides a case on appeal (for example, the Supreme Court of the United States or the supreme court of any state ).

courts of record - Courts whose proceedings are permanently recorded, and that have the power to fine or imprison for contempt.

court reporter - A person who records, transcribes, or stenographically takes down testimony, motions, orders, and other proceedings during trials, hearings, and other court proceedings.

criminal case - Case brought by the government against an individual accused of committing a crime.

Cross-examination - Questioning of a witness by an attorney for the side against which the witness testified.

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