Glossary of Legal Terms AM ENG

8/12/2019 Glossary of Legal Terms AM ENG

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Note to Court Personnel:This Glossary is a collection of commonly used legal terms and isnot intended to be a complete listing of all legal terms. If a term isnot listed here refer to Blacks Law Dictionary for a

comprehensive list of legal terms.Glossary of Common TermsA.AFDC (Aid to Families with Dependent Children): Public assistance paidon behalf of children.ATLAS (Arizona Tracin! Location A"tomation System): A statewidecomputer system for child support enforcement.A#andoned$A#andonment: general! The relin"uishment of a right orinterest with the intention of never claiming it# such as to a car# house ortrademar$. family law# %uvenile law! A parent&custodian's failure to providereasonable care# support and regular contact with a child# including providing

normal supervision# for an e(cessive period of time.A#eyance: The condition of being suspended or temporarily set aside.A#sent %arent: A person who is absent from the home and legally responsiblefor providing financial support for a dependent child.A#sentia$&n A#sentia: Proceedings held without the defendant's presence.A#"se: The infliction or allowing of physical in%ury# impairment of bodilyfunction# disfigurement# serious emotional damage# se(ual abuse# se(ual conductwith a minor# se(ual assault# molestation of a child# commercial se(uale(ploitation of a minor# se(ual e(ploitation of a minor# incest# child prostitutionor physical in%ury to a child that results from abuse.Acti'e Calendar: The calendar on which civil cases are placed after the filingand processing of a motion to set and certificate of readiness or after the setting of

a trial date.Addend"m:An addition to a completed written document.Addit"r: To add to the amount of a verdict when damages a %ury awards appearto be too little.)*


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Ad"dication: %uvenile law! A proceeding whereat a %uvenile is found to be adelin"uent or incorrigible youth. civil law# family law! The determination ofissues in a lawsuit+ the %udgment.Ad"lt:A person who is ,- years of age or older.Ad"lt Co"rt: The %ustice court# municipal court or criminal division of the

superior court that has %urisdiction to hear proceedings concerning offensescommitted by %uveniles.Affida'it: A written statement of facts made under oath before a notary publicor other person authoried to administer oaths.A!ent: /ne who has authority to act for another+ an attorney0in0fact under adurable or nondurable power of attorney or a person authoried to ma$edecisions concerning another person's health care or for another person under anatural death act.A!!ra'ation$iti!ation *earin!: A pre0sentence hearing at which the 1tatepresents witnesses and&or documentation to enhance a defendant's sentence andthe defendant may present evidence and witnesses in hopes of lessening it.Aid to Families with Dependent Children (AFDC): Public assistance paidon behalf of children.Alford %lea: A guilty plea whereby a defendant refuses to admit guilt butbelieves the plea is in his&her best interests because of incentives in the pleaagreement.Alle!ation of %rior Con'iction: A document filed by the 1tate alleging that adefendant has been convicted previously of a felony.Answer:A defendant's written response to a plaintiff's allegations or accusationsin a complaint# usually denying some of the facts alleged in the complaint.Ann"lment:A declaration that a valid marriage never e(isted filed as a petitionand processed along the same guidelines as a dissolution!.Appeal: To as$ a higher court to reverse a lower court's decision+ to see$ review

from a higher court.Appearance +ond: 1ee 23nsecured Appearance 4ond5.Appellant:A party who appeals a decision or %udgment to a higher court.Appellee:A party against whom an appeal is ta$en to a higher court# usually thewinning party in the lower court.)-


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Application: A written re"uest to the registrar for an order of informal probateor appointment.Ar#itration: The process of submitting a dispute to a third party who will ma$ea decision. 6hen the amount in controversy is less than 789#999# arbitration ismandatory.

+indin! Ar#itration: The hearing and settlement of a dispute by a third

party arbitrator! whose decision will be binding upon the parties.

,on +indin! Ar#itration: The hearing and entry of an 2award5 which may

be appealed.

Ar#itrator: An attorney selected to hear a case and settle the legal disputewithout a formal trial.Arizona Tracin! Location A"tomation System (ATLAS): A statewidecomputer system for child support enforcement.Arrai!nment:An appearance before a %udge or criminal commissioner at whicha defendant has an opportunity to enter a plea guilty# not guilty or no contest! toall charges. If the defendant pleads not guilty# a pretrial conference is set and a%udge is assigned.Arreara!es (Arrears): 3npaid child support&spousal maintenance paymentsowed by a person obligated to pay support. Typically# these are past0due supportamounts# including interest that has accrued on amounts due. A support paymentis past due if it is not received by the Cler$ of the Court&clearinghouse on the datedue. If ordered to be paid directly by the obligor to the obligee# it is past due if it isnot postmar$ed by the date due.A"thentication: A document issued by cler$'s offices that verifies that a legaldocument is genuine or valid.

Award: The written decision or %udgment of an arbitrator# %udicial officer or %ury.Award$Commit: To assign legal custody.+.+attery:A beating or wrongful physical violence.+ench Trial:A trial without a %ury at which the %udge decides the facts.+ench -arrant:A written re"uest from the court to a law enforcement agencyto arrest and detain a person who has failed to appear for a court date or abide bya court order.)


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+eneficiary:As it relates to a trust beneficiary# a person who has any present orfuture vested or contingent interest and the owner of an interest by assignment orother transfer. As it relates to a charitable trust# any person entitled to enforce thetrust. As it relates to a beneficiary of a beneficiary designation# a beneficiary of aninsurance or annuity policy+ an account with pay on death designation+ a security

registered in beneficiary form or a pension+ a profit sharing# retirement or similarbenefit plan or any other nonprobate transfer at death. As it relates to abeneficiary designated in a governing instrument# a grantee of a deed+ a devisee+ atrust beneficiary+ a beneficiary of a beneficiary designation+ a donee# appointee orta$er in default of a power of appointment and a person in whose favor a power ofattorney or a power held in any person# fiduciary or representative capacity ise(ercised.+eneficiary Desi!nation:A governing instrument naming a beneficiary of aninsurance or annuity policy+ an account with pay on death designation+ a securityregistered in beneficiary form+ a pension# profit sharing# retirement or similarbenefit plan or any other nonprobate transfer at death.+est &nterests Attorney: ;ormerly $nown as a


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C%S (Child %rotecti'e Ser'ices): The part of the @ivision of Children# outhand ;amilies under the @epartment of >conomic 1ecurity that is mandated toprotect children by responding to reports of abuse and neglect. CP1 providesservices to families to remedy problems and allow children to remain safely intheir homes.

CSA- (1see2saw3) (Child S"pport Arrest -arrant): An arrest warrantissued for a person who has not paid or will not pay child support. The normallyassociated 2bond5 is set as a 2purge5 or 2release5 amount# which is an amount ofsupport owed. 6hen paid# the purge amount applies toward the past due supportand is not returned as a bond in a criminal case would be.CSA (Child S"pport nforcement Administration): The state agencycharged with providing certain support services. It is also referred to as the 1tateI(cludes anyone who is only a stepchild# foster child# grandchild or more remotedescendant.Child$6o"th$7"'enile:A person who is under ,- years of age.

Child %rotecti'e Ser'ices (C%S): The part of the @ivision of Children# outhand ;amilies under the @epartment of >conomic 1ecurity that is mandated toprotect children by responding to reports of abuse and neglect. CP1 providesservices to families to remedy problems and allow children to remain safely intheir homes.Child S"pport:A parent's legal obligation to pay money toward his&her child'scare and maintenance.Child S"pport Arrest -arrant (CSA-) (1see2saw3): An arrest warrantissued for a person who has not paid or will not pay child support. The normallyassociated 2bond5 is set as a 2purge5 or 2release5 amount# which is an amount ofsupport owed.

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6hen paid# the purge amount applies toward the past due support and is notreturned as a bond in a criminal case would be.Child S"pport nforcement Administration (CSA): The state agencycharged with providing certain support services. It is also referred to as the 1tateI


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Codicil:A supplement or appendi( to a will.Commissioner:A full time %udicial officer appointed by the presiding %udge andauthoried to perform limited %udicial functions.Common Law arria!e:An implied marriage between parties established inanother %urisdiction without the benefit of a ceremony or license. Ariona does

not recognie common law marriage but will recognie the status from anotherstate for the sole purpose of divorcing the parties and entering orders regardingproperty# child custody# parenting time and support.Comm"nity %roperty: Property# other than a gift or inheritance to one party#that spouses ac"uire during the marriage. >ach spouse has a one0half interest incommunity property# regardless of who has title to it. Also see [email protected]:An accusation# usually sworn before a magistrate# that a person hascommitted a specified offense+ triggers %udicial proceedings. The first pleadingfiled in a civil action. %uvenile law! A written statement of the essential factsconstituting a public offense that is either made on an oath before a %udge orcommissioner of the superior court or an authoried %uvenile hearing officer oraccompanied by an affidavit of a law enforcement officer or employee that swearson information and belief to the accuracy of the complaint.Conciliation Ser'ices: A branch of the court that offers services such asmarriage counseling# mediation# custody evaluation# etc.# to litigants involved infamily court cases.Condemnation Action: 1ee 2>minent @omain5.Conser'ator: A person appointed by a %udge to manage a protected person'sfinancial affairs.Contested Cases: Cases in which a response to a petition has been fileddisputing some or all issues in the petition.Contract:A binding agreement# written or oral# between two or more persons.Contract Action: A type of lawsuit based on a breach of a written or oral

contract.Contro'ertin! Certificate:A document filed by any party to a case# other thanthe party who filed the motion to set and certificate of readiness# in whichob%ections are stated to the information in a certificate of readiness.Co"nterclaim: A claim or cause of action brought by a defendant against aplaintiff.??


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Co"rts:

S"preme Co"rt: The highest court in the 1tate of Ariona+ the Court of =ast

Besort+ hears cases appealed to the supreme court from lower courts and deathpenalty cases from superior court.

Co"rt of Appeals: The court that reviews decisions and trials appealed to the

court of appeals by a lower court# usually superior court.

S"perior Co"rt (General 7"risdiction):A general %urisdiction court+ has

the authority to hear all legal actions not e(clusively assigned to another court.

"nicipal Co"rt (Limited 7"risdiction):A limited %urisdiction court that

handles misdemeanor crimes and petty offenses and city ordinance and codeviolations and issues orders of protection and in%unctions against harassment.

7"stice of the %eace Co"rt (Limited 7"risdiction):A limited %urisdictioncourt with a %ustice of the peace serving as its %udicial officer.

Co"rt of Appeals: The court that reviews decisions and trials appealed to thecourt of appeals by a lower court# usually superior court.Co"rt2Appointed Attorney: probate law! An attorney appointed by the courtto represent an alleged incapacitated&protected person. criminal law! Anattorney appointed by the court to represent a defendant# based on thedefendant's financial statement.Co"rt2Appointed &n'esti!ator:A person appointed by a %udge to investigatethe appropriateness of the appointment of a guardian or conservator.Cross2Claim: A claim made by a party to a lawsuit against a plaintiff or co0defendant# or both# arising out of the original complaint.C"stodian:A person other than a parent or legal guardian who stands in locoparentis to a child or to whom legal custody of a child has been given by order ofthe %uvenile court.C"stody 0rder:An order entered by the court that states with which parent achild will live.

7oint C"stody: Custody whereby both parents share important decisions

about a child.

Sole C"stody: Custody whereby one parent has the sole authority to ma$e

important decisions about a child.

C"stodial %arent: The parent with legal custody and with whom a child lives.

,on2C"stodial %arent: The parent who does not have primary custody of a

child but is responsible for financial support.

%rimary 4esidential %arent: In %oint custody agreements# the parent with

whom a child resides the ma%ority of the time.

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D.DCS (Di'ision of Child S"pport nforcement): A division of the@epartment of >conomic 1ecurity that provides certain support services. Alsoreferred to as the designated I


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occurred in that state+ a law of the 3nited 1tates+ any law that can be violated onlyby a minor and that has been designated as a delin"uent offense or any ordinanceof a city# county or political subdivision of this state defining crime. A %uvenilewho is prosecuted as an adult or remanded for prosecution as an adult shall notbe ad%udicated as a delin"uent %uvenile for the same offense.

Delin9"ent 7"'enile: A child who is ad%udicated to have committed adelin"uent act.Dependent Child:A minor child whom a decedent was obligated to support oran adult child whom a decedent was in fact supporting at the time of thedecedent's death. %uvenile law! A %uvenile who is: ad%udicated to be in need ofproper and effective parental care and control and who has no parent or guardianwilling to e(ercise or capable of e(ercising such care and control+ destitute+ notprovided with the necessities of life# including ade"uate food# clothing# shelter ormedical care+ under eight years of age and found to have committed an act thatwould result in ad%udication as a delin"uent %uvenile or incorrigible child ifcommitted by an older %uvenile or child+ incompetent or not restorable tocompetency and alleged to have committed a serious offense or living in a homethat is unfit by reason of abuse# neglect# cruelty or depravity by a parent# aguardian or any other person having custody or care of the %uvenile. @oes notinclude a child who in good faith is being furnished Christian 1cience treatmentby a duly accredited practitioner if none of the circumstances described abovee(ists.Deposition: /ral testimony ta$en of a witness under oath outside of court in thepresence of a court reporter and attorneys.Descendant: All of a decedent's descendants of all generations# with therelationship of parent and child at each generation.Desserea"lt *earin!: A hearing set any time before trial to determine thelegality or illegality of the method of identification of an alleged perpetrator.

Detention: The temporary confinement of a %uvenile who re"uires secure care ina physically restricting facility that is completely surrounded by a loc$ed andphysically secure barrier with restricted ingress and egress for the protection ofthe %uvenile or the community pending court disposition or as a condition ofprobation.De'ise:A testamentary disposition of real or personal property+ to de'ise: todispose of real or personal property by will.De'isee:A person designated in a will to receive a devise. In the case of a deviseto an e(isting trust or trustee# or to a trustee on trust described by will# the trustor trustee is the devisee and the beneficiaries are not devisees.Directed 5erdict: A ruling by the court that there is not sufficient evidence to

submit the dispute to the %ury# and the court either enters# or directs the %ury toenter# %udgment in favor of a party.?


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Disa#ility: Cause for the appointment of a conservator or other protective orderthat can relate to the estate and affairs of a minor or an adult.Disco'ery: The disclosure of facts or documents by one party in a lawsuit toanother for use as evidence in a case.Dismissal: An order or %udgment that dismisses a complaint or counterclaim

without a complete trial of the issues.Dismissal -ith %re"dice: A final dismissal barring the right to bring anaction on the same claim or cause.Dismissal -itho"t %re"dice: A final dismissal preserving a complainantEsright to sue again on the same cause of action.Disposa#le arnin!s: Includes salary# compensation# bonuses or commissionsa person received after deducting from such earnings those amounts re"uired bylaw to be withheld. Fay include unemployment insurance compensation benefits#wor$men's compensation benefits# social security benefits# retirement benefits#lottery winnings# etc.Disposition *earin!: The time set for pronouncement of sentence afterdetermination of violation of probation. %uvenile law! The initial sentencinghearing in a %uvenile delin"uency case.Distri#"tee: A person who has received a decendent's property from thatperson's personal representative other than as a creditor or purchaser. Includes atestamentary trustee only to the e(tent of distributed assets or increment thatremains in that person's hands. A beneficiary of a testamentary trust to whom thetrustee has distributed property received from a personal representative is adistributee of the personal representative. ;or the purposes of this paragraph#2testamentary trustee5 includes a trustee to whom assets are transfered by will# tothe e(tent of the devised assets.Di'ersion: %uvenile law! A process by which a formal court action# such asprosecution# is averted. The diversion process is an opportunity for youth to

admit their misdeeds and accept the conse"uences without going through aformal ad%udication and disposition process. As it relates to an adult# a processwhich creates a written contract between the prosecutor and the accused that# ifre"uirements are met# the prosecutor will dismiss all charges.Di'ision of Child S"pport nforcement (DCS): A division of the@epartment of >conomic 1ecurity that provides certain support services. Alsoreferred to as the designated I


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Domestication: 1ee 2;oreign @ecree&;oreign udgment&@omestication5..mancipation:A condition whereby a minor child is legally treated as an adult.mer!ency Assi!nment: The permanent assignment of a %udge to hear a civilcase+ done only if there is need of an immediate emergency order by a %udge.

minent Domain: The power to ta$e private property for public use by thestate and municipalities. 1ee also 2Condemnation Action5.mployer: As it relates to ;amily 1upport# includes all persons or agenciesobligated to ma$e periodic payments to an obligee on behalf of an obligor.ntitlements: Fonies due to an obligee.state: Includes the property of the decedent# trust or other person whose affairsare sub%ect to this title as originally constituted and as it e(ists from time to timeduring administration. As it relates to a spouse# includes only the separateproperty and the share of the community property belonging to the decedent orperson whose affairs are sub%ect to this title.stoppel:A rule of law precluding a person from asserting certain facts becauseof his&her prior conduct.'idence: Proof presented in court through e(hibits# records# ob%ects# writtendocuments or a witness's testimony to persuade the %udge or %ury as to an allegedfact or position.'identiary *earin!: The presentation of facts and evidence to the court todecide an issue./emplify: To ma$e an official copy of a legal document./empt %roperty: That property of a decedent's estate described in statestatutes that is determined to be e(empt from encumbrances./hi#it: A document or material produced and identified in court for thepurpose of introducing it in evidence. >ach document or produced material isnumerically or alphabetically mar$ed by the Cler$ of the Court's deputy

courtroom cler$ in order to identify it for the record./oneration of +ond:An e(oneration of bond is a court order re"uiring theentity holding the bond in trust to deliver it cash or another form of security! to aspecific party# most often the party that posted it.?-


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/ %arte: Communication with the court by one party without the presence or$nowledge of the other party./ %arte 0rder:An order entered by the court at the re"uest of only one party

without notice to the other party./p"n!ement: Although this proceeding is not available in Ariona# it is the

process by which the record of a criminal conviction is destroyed or sealed. 1ee21et Aside5./tradition: The surrender by one state to another of a person accused orconvicted of an offense outside its own territory and within the territorial%urisdiction of the other state.F.FC4+ (Foster Care 4e'iew +oard): The ;oster Care Beview 4oard advisesthe %uvenile court on progress toward achieving a permanent home for childreninvolved in dependency actions and out0of0home placements. These children'swell being is of the highest concern to board members.Fast Trac: A calendaring program aimed at reducing the processing time ofcases from the date complaints are filed to the final disposition.Fees: Fonies collected by the Cler$ of the Court and set by the Ariona 1tate=egislature. ;ees may be waived or deferred if a party is eligible.Fid"ciary:A personal representative# guardian# conservator and trustee.Filin! Fee: The fee paid to the Cler$ of the Court for the filing of a document.Forci#le Detainer: >(ists when one is willfully $ept out of or has been

wrongfully deprived of possession of real property.Forei!n Decree$Forei!n 7"d!ment$Domestication: The filing of acertified copy of a %udgment or decree from another state# county or country inorder for this county to have %urisdiction.Forei!n %ersonal 4epresentati'e: A personal representative appointed byanother %urisdiction.

Forfeit"re: The loss of some right or property as a penalty for some illegal act.The loss of property or money because of a breach of a legal obligation.Formal %roceedin!s: Proceedings conducted before a %udge with notice tointerested persons.?


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Foster Care: The supervised care for delin"uent or neglected children# usuallyin an institution# group home or private home# usually arranged through agovernment or social0service agency that provides remuneration for e(penses.Foster Care 4e'iew +oard (FC4+): The ;oster Care Beview 4oard advisesthe %uvenile court on progress toward achieving a permanent home for children

involved in dependency actions and out0of0home placements. These children'swell being is of the highest concern to board members.G.Garnishee: A person or entity# such as an employer# that owes money to orholds property of someone against whom the court has entered a money%udgment.Garnishment: A legal proceeding to enforce a %udgment whereby a creditorsee$s to obtain payment from a debtor and the debtor can be compelled to pay.1ometimes used by litigants in place and instead of a 26age Assignment5 infamily court. A person's wages would be garnished for debts other than childsupport# such as credit card# car payment or medical bills. Civil hearing actionsometimes referred to as a udgment @ebtor >(am.General 7"risdiction Co"rt: A court that has the authority to hear all legalactions not e(clusively assigned to another court.Go'ernin! &nstr"ment: A deed+ will+ trust+ insurance or annuity policy+account with pay on death designation+ security registered in beneficiary form+pension# profit sharing# retirement or similar benefit plan+ instrument creating ore(ercising a power of appointment or a power of attorney or a dispositive#appointive or nominative instrument of any similar type.Go'ernor8s -arrant:A warrant issued for the arrest of a person charged witha crime in another state when that state demands the surrender of a person socharged.Grand 7"ry (Co"nty): 1i(teen citiens who have "ualified for %ury service and

have the responsibility to loo$ into public offenses. The County Attorney maychoose to present evidence to a grand %ury and as$ them to return a criminalindictment. An indictment or 2True 4ill5 is a formal accusation charging thecommission of a public offense# which may be tried within a county. In order toindict# at least nine members of the grand %ury must agree there is probable causeto believe that the person under investigation is guilty of the offense charged.Grand 7"ry (State): A %ury with the same responsibilities as a county grand

%ury e(cept that its %urisdiction is statewide.D9


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Gra'ely Disa#led: =i$ely# as a result of a mental disorder# to come to seriousphysical harm or serious illness because the person is unable to provide forhis&her basic physical needs.Gross &ncome: Includes income from any source and may include but is notlimited to income from salaries# wages# commissions# bonuses# dividends#

severance pay# pensions# interest# trust income annuities and capital gains. Fayalso include social security benefits# wor$men's compensation benefits#unemployment insurance benefits# disability insurance benefits# gifts# pries andspousal maintenance received.Gro"nds: Beason for divorce. The term is not used in Ariona+ Ariona is a no0fault state. Ariona re"uires that the marriage be irretrievably bro$en with noreasonable prospect of reconciliation in order to grant a divorce.G"ardian:A person who has "ualified as a guardian of a minor or incapacitatedperson pursuant to testamentary or court appointment e(cept for anyone who ismerely a guardian ad litem.G"ardian ad Litem: A guardian appointed by the court to defend for orprosecute a minor or incapacitated person in any lawsuit to which he&she may bea party. family law! Hnown as a 24est Interests Attorney5 and appointed by thecourt to represent a child's best interests.G"ilty %lea:A defendant's admission that he&she committed the acts charged inthe complaint# that the acts are prohibited by law and that he&she has no legaldefense for such acts.*.*arassment: A series of acts over any period of time that is directed at aspecific person+ would cause a reasonable person to be seriously alarmed#annoyed or harassed and in fact seriously alarms# annoys or harasses the personand serves no legitimate purpose.

&n"nction A!ainst *arassment (&A*): A court order directing a personto stop harassing# annoying or alarming another person. In%unctions may be usedfor disputes against neighbors# strangers and people who are or were dating. Thein%unction against harassment differs from the order of protection in thate(clusive use of the home cannot be ordered and the police are not mandated toserve the in%unction.

&n"nction A!ainst -orplace *arassment (&A-*): A court order

sought by an employer for relief on behalf of all employees at the wor$place#anyone who enters the employer's property and anyone who is performing officialwor$ duties. This allows the inclusion of a number of people under the protective

umbrella of this in%unction+ the 2personal5 in%unction against harassment isusually between two people. In this instance# harassment is defined as a singlethreat or act of physical harm or damage or a series of acts over a period of timethat would cause a reasonable person to be seriously alarmed or annoyed.

D,


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*arassment %etition: The document filed by a party as$ing for an in%unctionagainst any act of harassment by another party# not applicable if a previous orcurrent family relationship e(ists.*earin!: A procedure before a %udge sitting without a %ury during whichevidence may be presented and witnesses heard to determine an issue and come

to a decision generally on a less formal basis than in a trial.

'identiary *earin!: The presentation of facts and evidence to the court to

decide an issue.

Sentencin! *earin!: A hearing to formally pronounce sentence upon a

defendant.

A!!ra'ation *earin!: A hearing held prior to sentencing to ma$e a finding

of aggravating or negative circumstances that would e(tend the length or increasethe terms of a defendant's sentence.

iti!ation *earin!:A hearing held prior to sentencing to ma$e a finding of

mitigating or positive circumstances that would shorten the length or decreasethe terms of a defendant's sentence.

Trial: The formal presentation of facts and evidence to a court or %ury in order

to reach a legal decision.

Trial de ,o'o:A new trial held upon appeal from a non0record court or from

appeal of an arbitration award.

%etit (Trial) 7"ry: The group of people selected to decide the facts and render

a verdict in a civil or criminal trial.

*earsay: Testimony given by a witness who relates not what he or she $nowspersonally but what others have said.*eirs: Persons# including the surviving spouse and the state# who are entitledunder the statutes of intestate succession to the property of a decedent.&.&mpeach$&mpeachment: To dispute or challenge the credibility or validity of a

witness's testimony+ one party's effort to undermine the credibility of testimonyoffered by another party.&n Camera: In chambers+ in private.

&nacti'e Calendar: The calendar on which civil cases are placed by the CivilCourt Administrator or a %udge if no %udgment has been obtained or motion to setand certificate of readiness filed within nine months of the filing of the complaint&ncapacitated %erson: A person impaired by mental illness# deficiency ordisorder+ physical illness or disability+ chronic drug use or into(ication or othercause# e(ceptD)


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minority# to the e(tent the person lac$s sufficient understanding or capacity toma$e or communicate responsible decisions concerning his&her person.&ncorri!i#le Child: A child ad%udicated as a child who refuses to obey thereasonable and proper orders or directions of a parent# guardian or custodian andwho: is beyond that person's control+ habitually is truant from school+ is a

runaway from the child's home or parent# guardian or custodian+ habituallybehaves in such a manner as to in%ure or endanger the morals or health of self orothers+ commits any act constituting an offense that can be committed only by aminor and is not designated as a delin"uent act or fails to obey any lawful order ofa court of competent %urisdiction given in a noncriminal action. uveniles whocommit offenses that would not be considered crimes if committed by adults arecalled status offenders incorrigible youth!.&ndependent Li'in! %ro!ram:A residential program with supervision of lessthan )D hours a day.&ndictment: A written accusation by a grand %ury that a certain person hascommitted a specified offense+ triggers %udicial proceedings.&nformal %roceedin!s: Proceedings conducted without notice to interestedpersons by an officer of the court acting as a registrar for the probate of a will orappointment of a personal representative.&nformation: A written accusation by a public officer# not presented to a grand

%ury# that a certain person has committed a specified offense+ triggers %udicialproceedings.&nitial Appearance: A defendant's first court appearance# whereat thedefendant is advised of his&her rights and the charges against him&her# adetermination is made as to release status and counsel and a future court time isset in the appropriate court.&n"nction: A court order directing a person to ta$e or refrain from ta$ing aspecified action.

&ntae: /ccurs when a youth is referred to %uvenile probation with a delin"uentor incorrigible charge.&nterested %erson: An heir# devisee# child# spouse# creditor# beneficiary orother person with a property right in or claim against a trust estate or the estate ofa decedent# ward or protected person. Also includes a person with priority forappointment as a personal representative and other fiduciaries representinginterested persons. As it relates to particular persons# may vary from time to timeand must be determined according to the particular purposes of# and matterinvolved in# any proceeding.&nterloc"tory Stay: A provisional or temporary order made pending a finaldecision or outcome. The order is sub%ect to change by the court# which often

ma$es it not appealable until the entire matter has been disposed of by final%udgment.D?


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&nterpleader Action: An action that allows a plaintiff to initiate a lawsuit inorder to compel two or more other parties to litigate a dispute. An interpleaderaction originates when the plaintiff holds property on behalf of another butdoesn't $now to whom the property should be transfered. It is often used toresolve disputes arising under insurance contracts.

&nterro!atories: 6ritten "uestions as$ed one party to a suit by an opposingparty# which must be answered in writing and under oath# and which may be usedas evidence by the party demanding them# if relevant. Also can mean "uestionssubmitted to a %ury.&nter'ener:A person who intervenes as a third party in a legal proceeding.&ntestate: aving died and left no valid will.&ss"e:As it relates to wills and trusts# a person's lineal descendants or offspring.This is distinguished from heirs.&52D Cases (Fo"r2D): Cases in which a party receives these services of the@epartment of >conomic 1ecurity or has been automatically referred to @>1 tocollect child support.7.7&%S (7"'enile &ntensi'e %ro#ation S"per'ision): A highly structured#community0based %uvenile probation program emphasiing surveillance#treatment# wor$# education and home detention.70LTS (7"'enile 0n Line Tracin! System): A statewide %uvenileprobation and dependency management system.7oint Tenants with the 4i!ht of S"r'i'orship and Comm"nity%roperty with the 4i!ht of S"r'i'orship: /wners of property held undercircumstances that entitle one or more to the whole of the property on the deathof the others! but e(cludes forms of co0ownership registration in which theunderlying ownership of each party is in proportion to that party's contribution.7"d!e: The public officer authoried to preside over# hear and determine cases in

a court of law.7"d!e %ro Tempore:An individual assigned to perform the duties of a %udgeon a temporary basis.7"d!ment:A decision by a court that establishes the rights of the parties in anaction or proceeding+ the formal decision of a court+ the final determination of acase.7"d!ment Assi!ned: The permanent assignment of a case to a calendardivision.DD


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7"d!ment Creditor: A person who has won a case but not yet collected thedebt.7"d!ment De#tor:A person who has lost a case but not yet paid the debt+ one

who owes money as a result of a %udgment in favor of a creditor.7"dicial 0fficer: /ne of the following:

7"d!e: The public officer authoried to preside over# hear and determine cases

in a court of law.

Commissioner:A full time %udicial officer appointed by the presiding %udge

and authoried to perform limited %udicial functions.

7"stice of the %eace:A person elected to serve as a %udge in a precinct within

a county. A %ustice of the peace is not re"uired to be an attorney.

"nicipal Co"rt 7"d!e: A person appointed to serve as a %udge in a city

court or municipality. Jualifications are set by the municipality# not necessarilyre"uired to be an attorney.

4eferee: A type of master appointed by a court to assist with certain

proceedings.

Special aster: A person appointed by the court to help parents resolve

disputes about what is best for a child.

a!istrate: /ften used to refer to a municipal court %udge. A.B.1. K ,0),8

provides a broad definition that includes all those %udicial officers having the

power to issue a warrant for arrest# i.e.# a supreme court %ustice# superior court%udges# %ustice of the peace courts and municipal courts.

7"d!e %ro Tempore:An individual assigned to perform the duties of a %udge

on a temporary basis.

7"risdiction: The court's ability to ma$e decisions in a case by virtue of theparties' residence within the court's %urisdictional boundaries# or thedomestication of a %udgment from another %urisdiction for the sole purpose ofallowing this county to rule in the case+ the power of a court to render %udgmentand decide a case.7"rispr"dence: The science or philosophy of law.

7"ry: criminal law! A group of citiens called to hear a trial of criminalprosecution and determine the defendant's guilt or innocence based on evidencepresented. civil law! A group of citiens called to hear the details of a civillawsuit# to find for the plaintiff or defendant and to determine the amount# if any#to be awarded.7"stice of the %eace:A person elected to serve as a %udge in a precinct within acounty. A %ustice of the peace is not re"uired to be an attorney.7"stice of the %eace Co"rt (Limited 7"risdiction):A limited %urisdictioncourt with a %ustice of the peace serving as its %udicial officer.D8


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7"'enile Co"rt: The %uvenile division of the superior court when e(ercising its%urisdiction over children in any proceeding relating to delin"uency# dependencyor incorrigibility.7"'enile &ntensi'e %ro#ation S"per'ision (7&%S): A highly structured#community0based %uvenile probation program emphasiing surveillance#

treatment# wor$# education and home detention.7"'enile 0n Line Tracin! System (70LTS): A statewide %uvenileprobation and dependency management system.L.LCA (Lower Co"rt Appeal):A category of civil cases involving non0traffic andcivil appeals from a %ustice of the peace or municipal court.Laches: Negligence or unreasonable delay in pursuing a legal remedy.Law nforcement 0fficer:A peace officer# sheriff# deputy sheriff# municipalpolice officer or constable.Lease:Any oil# gas or other mineral lease.Le!al Assistant:A person who assists a lawyer in duties related to the practiceof law but is not a licensed attorney.Le!al Separation: A court order establishing the terms of custody# support#etc.# under which a married couple will live separately. The petition for legalseparation is filed and processed the same way a dissolution petition is processed.Letters: =etters testamentary# letters of guardianship# letters of administrationand letters of conservatorship. 6ritten evidence of authority to act as personalrepresentative# guardian or conservator.Limited 7"risdiction Co"rt:A court that may hear and decide limited types ofcases. In Ariona these are %ustice and municipal courts.Limited Scope: Befers to a notice of limited scope representation filed by anattorney on behalf of a litigant when the attorney and litigant have come to anagreement that the attorney will appear on the litigant's behalf only on certain

specified issues# not the entire case.Lis %endens: 2=itigation pending5. ;iled and recorded in /ffice of CountyBecorder to warn others that the title to certain property is in litigation.D


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List of -itnesses and /hi#its: A document filed by parties to a lawsuitlisting all witnesses and e(hibits intended to be used at trial.Liti!ant:A person who chooses to litigate a domestic or legal matter within thecourt system. Re-litigant: A person who has made it his&her life's mission toconstantly use the court system to solve sometimes irrelevant and anti"uated

domestic issues.!Lower Co"rt Appeal (LCA):A category of civil cases involving non0traffic andcivil appeals from a %ustice of the peace or municipal court..a!istrate: /ften used to refer to a municipal court %udge. A.B.1. K ,0),8provides a broad definition that includes all those %udicial officers having thepower to issue a warrant for arrest# i.e.# a supreme court %ustice# superior court%udges# %ustice of the peace courts and municipal courts.andate: An order or command issued by a %udge or court directingenforcement of the court's decision+ can be from an appellate court directingaction by a lower court from which an appeal was ta$en.aternity: The legal ac$nowledgment of the parental relationship between amother and her child.ediation:A process by which parties are encouraged to reach agreements intheir case prior to a court hearing.ediator: A neutral person appointed by the court to help disputing partiesreach an agreement# not necessarily an attorney.edical Director of a ental *ealth A!ency: A psychiatrist# or licensedphysician e(perienced in psychiatric matters# designated in writing by thegoverning body of the agency as the person in charge of the agency's medicalservices# or a psychiatrist designated by the governing body to act for the director.The term includes the superintendent of the state hospital.edical alpractice Action: An action for in%ury or death brought against a

health care provider# alleging negligence# misconduct# errors# omissions or breachof contract in the rendering of health care# medical or nursing services or otherhealth0related services or for the rendering of such care or services withoute(press or implied consent. >(amples of health care providers include physicians#hospitals and their employees who provide such care or services.ental *ealth A!ency: Any private or public facility that is licensed by thisstate as a mental health treatment agency# psychiatric hospital# psychiatric unit ofa generalD*


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hospital or residential treatment center for emotionally disturbed children andthat uses secure settings or mechanical restraints.inor$inor Child:A person who is under ,- years of age.inor -ard:A minor for whom a guardian has been appointed solely becauseof minority.

in"te ntry: An official record summariing specific events of a courtproceeding. Created by the courtroom cler$. Includes future court dates# findingsand rulings on cases. @istributed to attorneys and&or parties# and the original isfiled and placed in the court file.oot: A sub%ect for argument+ unsettled+ undecided or no longer re"uiringdecision. A moot point is one not settled by %udicial decision.ort!a!e: probate law! Any conveyance# agreement or arrangement in whichproperty is encumbered or used as security.otion:A written application to the court to obtain a ruling# order or direction+a formal written re"uest to the court as$ing that a specific action be ta$en.otion in Limine:A motion often used to limit or e(clude specific evidence ora specific issue from a trial.otion to Set and Certificate of 4eadiness: A motion by any party to alawsuit to cause a case to be set for trial# in which the party certifies readiness fortrial."nicipal Co"rt (Limited 7"risdiction): A limited %urisdiction court thathandles misdemeanor crimes and petty offenses and city ordinance and codeviolations and issues orders of protection and in%unctions against harassment."nicipal Co"rt 7"d!e:A person appointed to serve as a %udge in a city courtor municipality. Jualifications are set by the municipality# not necessarilyre"uired to be an attorney.,.,e!lect$,e!lected: The inability or unwillingness of a parent# guardian or

custodian of a child to provide that child with supervision# food# clothing# shelteror medical care if that inability or unwillingness causes substantial ris$ of harm tothe child's health or welfare# e(cept if the inability of a parent or guardian toprovide services to meet the needs of a child with a disability or chronic illness issolely the result of the unavailability of reasonable services.,et &ncome: @isposable earnings.D-


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,e/t +est Friend:A person acting in a legal proceeding for the benefit of aninfant or other person without being formally appointed as guardian.,o +ill: The opinion of the grand %ury that evidence was insufficient to warrantthe return of a formal charge.1,o +ond3 Stat"s:A defendant's status of ineligibility for pretrial release. This

occurs in capital crimes and crimes where proof is evident and presumption greatand in a case where there has been a previous failure to appear or a violation ofprobation or when a defendant commits a new crime while on release and proof isevident and presumption great.,o Contest %lea$,olo Contendere: A plea whereby a defendant does notadmit guilt but agrees not to contest the 1tate's charges against him&her. A nocontest plea is treated the same as a guilty plea for sentencing.,olo Contendere: 1ee 2No Contest Plea&Nolo Contendre5.,on2Classified Ci'il:A category of civil cases for those types of cases that donot fit in the other specific categories+ e(amples: "uiet title actions# namechanges.,onresident Decedent:A decedent who was domiciled in another %urisdictionat the time of the decedent's death.,ot G"ilty %lea:A plea whereby a defendant denies guilt and the 1tate mustprove the criminal charges against him&her. The 1tate is represented by the cityor county prosecutor's office.,otice:A notation to the court that an action has ta$en place or that a documenthas been filed.,otice of Appointment of Ar#itrator:A notice sent by court administrationto the parties that an arbitrator has been appointed.,otice of Chan!e of 7"d!e: A document that proclaims the right of each sidein any action pending in court# e(cept Ariona Ta( Court# to a change of one %udgeand one court commissioner. 1ee Bule D)f!,!A!# Ariona Rules o! Civil

"roce#ure and Bule ,9.)#Rules o! Cri$inal "roce#ure. The notice must be timelyand filed and served by a party who has not waived the right.,otice of Chan!e of 7"d!e$Commissioner for Ca"se: A document thatproclaims a party's right to as$ for a change in %udicial officer due to an implied orperceived improper action committed by the %udicial officer. These are handled bythe departmental presiding %udge.D


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,otice of Dismissal:A document filed by a plaintiff advising a defendant that asuit is being dropped.,"nc %ro T"nc: 2Now for then5! 3sed in minute entries to give retroactiveeffect to acts as though they had been done previously. 3sually used to correct anoversight or error.

0.0SC (0rder to Show Ca"se): A court order re"uiring a party to appear incourt and show cause why the party applying for the order should not havere"uested relief.0#li!ee:A person to whom support is owed.0#li!or:A person ordered to ma$e support payments.0mni#"s *earin!: 1ee 2Pretrial Conference5.;


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0rder to Appear: Commonly referred to as an /rder to 1how Cause! A legaldocument ordering a person to appear before the court and e(plain why the reliefre"uested in a petition should not be granted.0rder to Show Ca"se (0SC): A court order re"uiring a party to appear incourt and show cause why the party applying for the order should not have

re"uested relief.0r!anization: A corporation# business trust# estate# trust# partnership# %ointventure# association# government# governmental subdivision or agency or anyother legal or commercial entity.0wn 4eco!nizance (0.4.): A release without the posting of any bond orsecurity.%.%C4 (%ost2Con'iction 4elief): A petition filed by a defendant aftersentencing re"uesting a change in his sentence# a new trial# etc. A Bule ?) Petitionis sometimes referred to as PCB.%arale!al:A person who assists a lawyer in duties related to the practice of law

but is not a licensed attorney.%arent: The lawful and natural father or mother of a person+ the word does notmean grandparent or ancestor# but can include an adoptive parent as areplacement for a natural parent.%arentin! Time: Commonly referred to as


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%ersonal 4epresentati'e: An e(ecutor# administrator# successor personalrepresentative# special administrator and any person who performs substantiallythe same function under the law governing their status. A general personalrepresentative e(cludes a special administrator.%ersonalty: Personal property as distinguished from real property.

%etit (Trial) 7"ry: The group of people selected to decide the facts and render averdict in a civil or criminal trial.%etition:A legal form of pleading used to raise an issue to the court+ a writtenre"uest to the court for an order after notice. Fay ta$e many forms# but theultimate goal is the issuance of an order to appear re"uiring the parties to appearto litigate the issues in the petition. %uvenile law! A written statement of theessential facts that allege delin"uency# incorrigibility or dependency.%etition for Dissol"tion: The initial pleading that allows a party to as$ thecourt to end or dissolve a marriage.%etition for -rit of Certiorari:A document which a losing party files withthe 1upreme Court as$ing the 1upreme Court to review the decision of a lowercourt. It includes a list of the parties# a statement of facts of the case# the legal"uestions presented for review and arguments as to why the Court should grantthe writ.%etitioner: A person bringing an action by petition rather than by complaint+the party who filed a petition with the court. The party who files the first petitionin any action is deemed the petitioner for the pendency of the case# even thougheither party may file a petition on separate issues at later times under the samecase number.%laintiff: The party who files a complaint or initiates a lawsuit.%lea: The response of a defendant to the criminal charges stated.

G"ilty %lea:A defendant's admission that he&she committed the acts charged

in the complaint# that the acts are prohibited by law and that he&she has no legaldefense for such acts.

,ot G"ilty %lea:A plea whereby a defendant denies guilt and the 1tate must

prove the criminal charges against him&her. The 1tate is represented by the cityor county prosecutor's office.

,o Contest %lea (,olo Contendere):A plea whereby a defendant does not

admit guilt but agrees not to contest the 1tate's charges against him&her. A nocontest plea is treated the same as a guilty plea for sentencing.

%lea +ar!ain:A process between the accused and the prosecution to negotiate amutually satisfactory outcome of the case.%leadin!: The formal written allegations setting forth the claims and defenses ofthe parties to a lawsuit.8)


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%ost2Con'iction 4elief (%C4): A petition filed by a defendant aftersentencing re"uesting a change in his sentence# a new trial# etc. A Bule ?) Petitionis sometimes referred to as PCB.%ost Decree$7"d!ment:An action ta$ing place in a case after the initial decreeor %udgment has been entered which would ordinarily have terminated the case.

%re2Decree$7"d!ment: An action ta$ing place in a case prior to the enteringor signing of a final decree or %udgment which would terminate the case.%reliminary *earin!:A hearing to determine probable cause.%resentence *earin!:A hearing held prior to sentencing to provide the court

with information that would either enhance or lessen a sentence. Also see2Aggravation&Fitigation earing5.%resentence 4eport:A report prepared by an Adult Probation /fficer to aidthe court at sentencing.%resi!ned -ai'er:A waiver# signed before a court of record# wherein a persongives his&her consent to be returned to the state when he&she is accused ofcommitting a crime# escaping from confinement or brea$ing terms of bail#probation or parole.%retrial Conference: A hearing set ), days prior to the date of a trial. A casestatus report is usually filed at this time. Pleas are considered# due dates formotions are determined and a firm trial date may be set. The court may vary thistime frame in a number of ways depending on the %udicial officer's individualpreferences.%re'ention: The creation of conditions# opportunities and e(periences thatencourage the development of healthy# self0sufficient children and that occurbefore the onset of problems.%rima Facie: A fact presumed to be true unless disproved by some otherevidence.%ro +ono %"#lico: ;or the welfare of the whole+ an attorney may ta$e a case

2pro bono5.%roceedin!:An action at law and suit in e"uity.%ro *ac 5ice (pro2hoc2'ee2chay):A re"uest by an out0of0state attorney notadmitted to practice in Ariona# through an Ariona attorney# to practice on alimited basis for a particular party&case. 1ee Bule ??d!# Rules o! the Su%re$eCourt.%ro#a#le Ca"se: Beasonable grounds to believe that certain facts %ustify furtherpolice action# such as search and seiure or arrest.8?


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%ro#ate 4e!istrar: The official of the court who handles all informalproceedings and appointments# affidavits of succession to real property# proof ofauthority bonds and other miscellaneous filings# and reviews files and issuesminute entries as needed.%ro %er$%ro Se: A person who does not hire a lawyer and appears for

himself&herself in court.%roperty: 4oth real and personal property or any interest in real and personalproperty and anything that may be the sub%ect of ownership.

%ersonal %roperty: Includes money# goods# chattels# dogs# things in action

and evidences of debt. A.B.1. K ,0),8.

4eal %roperty: Coe(tensive with lands# tenements and hereditaments. A.B.1.

K ,0),8.

Comm"nity %roperty: Property# other than a gift or inheritance to one party#

that spouses ac"uire during the marriage. >ach spouse has a one0half interest incommunity property# regardless of who has title to it.

Separate %roperty: Property that a spouse ac"uired before the marriage# or

during the marriage through a gift or an inheritance. 1eparate property belongsentirely to that one spouse.

&ns"rance: Certain types of insurance policies have a cash value# which can be

divided between the spouses at the time of the divorce.

4etirement$-or 4elated +enefits:Any pension# profit sharing# D9,H or

retirement plan or IBA account which is given to a spouse by an employer. Ifthese benefits are given during the marriage# the court may give each spouse ashare in that benefit even though only one spouse's employer gave such benefits.

%rotected %erson:A minor or any other person for whom a conservator hasbeen appointed or any other protective order has been made.%rotecti'e %roceedin!: A proceeding to determine that a person cannoteffectively manage or apply his estate to necessary ends# either because he lac$sthe ability or is otherwise inconvenienced or because he is a minor# and to secureadministration of his estate by a conservator or other appropriate relief.%rotecti'e S"per'ision: 1upervision ordered by the %uvenile court of children

who are found to be dependent or incorrigible.

%"niti'e Dama!es: @amages in e(cess of actual damages incurred by a plaintiffand awarded as a measure of punishment for a defendant's wrongful andmalicious acts.=.=D40 (="alified Domestic 4elations 0rder): A document signed by thecourt after a decree is granted ordering an employer to divide certainretirement&wor$0related benefits between the former spouses.8D


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="alified Domestic 4elations 0rder (=D40): A document signed by thecourt after a decree is granted ordering an employer to divide certainretirement&wor$0related benefits between the former spouses.="ash: family law! To stop or end an order# commonly used in reference to anorder of assignment. criminal law! To nullify or ma$e void a bench warrant or an

order.="id %ro ="o: 21omething for something.5="iet Title Action:A suit to settle claims to rightful ownership of property.4.4eferee: A type of master appointed by a court to assist with certainproceedings.4eferral: %uvenile law! A report submitted to the %uvenile court alleging that achild is dependent or incorrigible or that a %uvenile has committed a delin"uent orcriminal act.4e!istered:Applies to mail# includes certified mail.4e!istrar: The official of the court designated to perform the functions of theregistrar.4elease 0rder: An order prepared by the cler$ and signed by the %udgereleasing a defendant from custody.4emand: civil law# family law! To send a case bac$ to another court or agencyfor further action. criminal law! To return a case to a lower court or grand %uryfor further proceedings.4emittit"r: To reduce the amount of a verdict when damages awarded by the

%ury appear to be e(cessive.4eple'in Action:A suit in which an owner see$s to regain possession of specificpersonal property that has been ta$en or held by another party.4e9"est for Assi!nment:A re"uest for an order of assignment to deduct froman obligor's wages in order to pay support.

4e9"est to Stop:A motion to "uash as it relates to a wage assignment.4esol"tion ana!ement Conference: An initial hearing before a %udicialofficer in an effort to resolve issues prior to the final entry of decree or %udgmentin a contested case.4espondent: The receiving or defendant party in a case+ a person who answersa petition.88


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4esponse$Answer:A written reply to any document re"uesting court action.4e'ocation Arrai!nment:A hearing based on a petition to revo$e probationfiled by a Probation /fficer# to give the probationer an opportunity to admit ordeny such allegations.4e'oe: To cancel or nullify a legal document.

4"le %rescreen:A hearing to determine if a formal Bule ,, hearing needs tobe conducted in order to determine if a defendant is competent to help in his&herdefense at trial or was incompetent at the time of the commission of the offense.A formal Bule ,, hearing is held before a criminal court commissioner.4"le >?.; *earin!: A hearing to determine a defendant's mental condition#ability to be rehabilitated and&or ris$ to the community. A Bule ).8 report isprepared for sentencing purposes.4"le @>: 1ee 2Post0Conviction Belief5.4"le ?


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participation or temporary or interim certificate# receipt or certificate of depositfor or any warrant or right to subscribe to or purchase any of these securities.Sentence: The %udgment by the court and imposition of a penalty upon adefendant after a determination of guilt by plea or verdict.Separate %roperty: Property that a spouse ac"uired before the marriage# or

during the marriage through a gift or an inheritance. 1eparate property belongsentirely to that one spouse.Serio"s motional &n"ry:An in%ury that is diagnosed by a medical doctor ora psychologist that includes one or a combination of the following: seriouslyimpairs mental faculties+ causes serious an(iety# depression# withdrawal or socialdysfunctional behavior to the e(tent that the child suffers dysfunction thatre"uires treatment+ is the result of se(ual abuse# se(ual conduct with a minor#se(ual assault# molestation of a child# child prostitution# commercial se(uale(ploitation of a minor# se(ual e(ploitation of a minor or incest.Serio"s %hysical &n"ry: An in%ury that is diagnosed by a medical doctor andthat does any one or a combination of the following: creates a reasonable ris$ ofdeath+ causes serious or permanent disfigurement+ causes significant physicalpain+ causes serious impairment of health+ causes the loss or protractedimpairment of an organ or limb+ is the result of se(ual abuse# se(ual conduct witha minor# se(ual assault# molestation# child prostitution# commercial se(uale(ploitation of a minor# se(ual e(ploitation of a minor or incest.Ser'ice$Ser'ice of %rocess: The legally re"uired method of delivering noticeor documents+ the delivery of a summons# subpoena# writ or other legal documentto the opposing party in a lawsuit. The most common method of service ispersonal service by a private process server or the sheriff. Process servers arelisted in the yellow pages. /ther methods of service are available.Sentencin! *earin!: A hearing held to formally pronounce sentence upon adefendant.

Set Aside: e(pungement! To annul or vacate a %udgment or order.Settlement: probate law! As it relates to a decedent's estate# includes the fullprocess of administration# distribution and closing. civil law! No agreement orconsent between parties or attorneys in any matter is binding if disputed# unlessmade in writing or orally in open court or entered in the minutes. 1ee Bule -9d!#Ariona Rules o! Civil "roce#ure. family law! Agreements between parties shallbe binding if they are in writing or made or confirmed on the record before a%udge# commissioner# %udge pro tempore# court reporter or other personauthoried by local rule or administrative order to accept such agreements. 1eeBule #Ariona Rules o! &a$ily Law "roce#ure.8*


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Se/"ally 5iolent %erson: An inmate serving a sentence in prison for a se(ualcrime and determined by a medical professional to be a 2potentially violentperson5 under A.B.1. K ,?0D9?.Shelter Care: The temporary care of a child in any public or private facility orhome that is licensed by this state and that offers a physically nonsecure

environment that is characteried by the absence of physically restrictingconstruction or hardware and that provides the child access to the surroundingcommunity.Simplified odification: A procedure in which a person paying or receivingchild support attempts to show that# because of a change in circumstances# thecurrent child support order should be modified.Special Action:A special review of lower court decisions that is available only

when an appeal would not be an ade"uate remedy.Special Administrator:A person appointed informally by the registrar on theapplication of any interested person when necessary to protect the estate of adecedent prior to the appointment of a general personal representative or if aprior appointment has been terminated. In a formal proceeding by order of thecourt on the petition of any interested person and finding# after notice andhearing# that appointment is necessary to preserve the estate or to secure itsproper administration including its administration in circumstances where ageneral personal representative cannot or should not act. If it appears to the courtthat an emergency e(ists# appointment may be ordered without notice. Theappointment of a special administrator terminates in accordance with theprovisions of the order of appointment or on the appointment of a generalpersonal representative or is sub%ect to termination as provided in the statutes.Special aster: A person appointed by the court to help parents resolvedisputes about what is best for a child.Spo"sal aintenance: Commonly referred to as Alimony! Court ordered

monies paid from one spouse to the other.State: A state# district# territory# possession or commonwealth of the 3nited1tates.Stay:A temporary stop or delay in a %udicial proceeding.Stip"lation:An agreement or %oint motion between the parties in a lawsuit orlegal action.Strie: To delete or cancel.Strie List: 3sed when a case is on the arbitration calendar. A document mailedto parties allowing them to stri$e or delete the names of those persons whom theydo not want to be appointed as arbitrator.8-


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S"#poena:An order to a witness to appear and give testimony in court or at adeposition+ an order to appear in court.S"#poena D"ces Tec"m:An order to a witness to produce documents.S"#ro!ation: The substitution of one person for another as a credit.S"#se9"ent mployer: Any employer# other than the first employer of an

obligor upon whom an order of assignment wage assignment! has been served. Asubse"uent employer must honor the order of assignment as the first employerdid.S"ccessor %ersonal 4epresentati'e:A personal representative# other than aspecial administrator# who is appointed to succeed a previously appointedpersonal representative.S"ccessors: Persons# other than creditors# that are entitled to property of adecedent under a will or this title.S"mmons: 6ritten notification served on a person warning that person toanswer or appear in court within a specified period of time+ a document orderinga party to appear in court by way of a filed answer.S"perior Co"rt (General 7"risdiction):A general %urisdiction court+ has theauthority to hear all legal actions not e(clusively assigned to another court.S"persedeas +ond:A bond that a court re"uires from an appellant who wantsto delay payment of a %udgment until the appeal is over.S"per'enin! &ndictment:An indictment issued when a defendant has had aninitial appearance# and the case has been set for a preliminary hearing in %usticecourt# but meanwhile the 1tate has indicted the defendant by grand %uryproceedings. All %ustice court proceedings are therefore vacated.S"per'ised Administration:A proceeding to secure complete administrationand settlement of a decedent's estate under the continuing authority of the courtwhich e(tends until entry of an order approving distribution of the estate anddischarging the personal representative or other order terminating the

proceeding. A supervised personal representative is responsible to the court# aswell as to the interested parties# and is sub%ect to directions concerning the estatemade by the court on its own motion or on the motion of any interested party. Asupervised personal representative has the same duties and powers as a personalrepresentative who is not supervised.S"per'ised %arentin! Time: Parenting time by a parent with that parent'schild while another adult# usually a person other than the custodial parent# ispresent.S"per'ised 4elease: The release of a defendant on his&her own recogniance#sub%ect to the supervision# restrictions and conditions of the Pretrial 1ervicesAgency.

8


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S"pport 0rder: Any order entered by the court for the payment of support.1upport may include payment for medical# dental and other health care+ childcare and education e(penses as well as spousal maintenance.S"ppress: To forbid the use of evidence at a trial because it is improper or wasimproperly obtained.

S"preme Co"rt: The highest court in the 1tate of Ariona+ the Court of =astBesort+ hears cases appealed to the supreme court from lower courts and deathpenalty cases from superior court.S"rety: /ne# other than the person released# who e(ecutes an appearance bondand binds himself&herself to pay its amount if the person released fails to complywith its condition.S"r'i'e: A person has neither predeceased an event# including the death ofanother person# nor is deemed to have predeceased an event.T.TA,F (Temporary Aid to ,eedy Families): 1tate financial assistance to lowincome families.T40 (Temporary 4estrainin! 0rder): An emergency order forbidding aparty from ta$ing an action in a case+ an emergency order restricting a party orparties from committing a threatened act until a hearing is held on the issues.Common reasons for a TB/ would be to forbid the sale of property# disposal ofassets or removal of a child from the %urisdiction.Temporary Aid to ,eedy Families (TA,F): 1tate financial assistance to lowincome families.Temporary 0rder:An order issued by the court to establish certain issues untila final %udgment or decree is entered.Temporary 4estrainin! 0rder (T40): An emergency order forbidding aparty from ta$ing an action in a case+ an emergency order restricting a party orparties from committing a threatened act until a hearing is held on the issues.

Common reasons for a TB/ would be to forbid the sale of property# disposal ofassets or removal of a child from the %urisdiction.Termination of %arental 4i!hts: A %udicial order ending a parent's legalrelationship with that parent's child.Testacy %roceedin!:A proceeding to establish a will or determine intestacy.9


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Testator$Testatri/ (male$female): /ne who has made a legally valid willbefore death.Third2%arty Complaint: A complaint filed by a defendant# as a third0partyplaintiff# against a person not a party to the action who is or may be liable to thethird0party plaintiff for all or part of the plaintiff's complaint against the third0

party plaintiff.Third2%arty 4elease: Belease of a defendant under the supervision of a thirdparty in accordance with the court's order. The third party shall use every effort toassure the appearance of a defendant at all scheduled hearings+ immediatenotification to the court if a defendant violates any conditions of release ordisappears.Title @? G"ardianship: A guardianship appointed for a person found to begravely disabled as a result of a mental disorder in a proceeding for that purposeunder Ariona's mental health statutes.Tort:A civil not criminal! wrong committed by one person against another+ a

violation of a legal duty that one person has toward another# e(cept when itinvolves breach of contract.Tort otor 5ehicle Action: Any action for damages for personal in%ury#property damage or wrongful death arising out of an automobile accident#collision or other operation of a motor vehicle.Tort ,on2otor 5ehicle Action: Any tort action not included under tortmotor vehicle e(cept medical malpractice and breach of contract actions.>(amples: libel and slander# personal in%ury# fraud and property damageresulting from other than operation of a motor vehicle.Transcript: The official verbatim record of testimony at a trial or hearing ta$en

by a court reporter.Trial: A proceeding in court to decide a controversy whereat parties may becalled upon to testify and evidence is ta$en+ may be to the court before only a

%udge! or to a %ury+ a court hearing when all contested issues are presented to the%udge for a decision.Trial de ,o'o: A new trial or retrial held in an appellate court in which theentire case is heard as if no trial had been heard in the lower court oradministrative agency.Tr"e +ill:An indictment returned by the grand %ury.Tr"st: Includes an e(press trust# private or charitable# with any additions#

wherever and however created. Also includes a trust created or determined by%udgment or decree under which the trust is to be administered in the manner ofan e(press trust.Tr"stee:A person or organiation appointed to manage a trust.

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B.BCC7A (Bniform Child C"stody 7"risdiction and nforcement Act):

A law that helps the court determine which state has %urisdiction regardingcustody.B4SA (Bniform 4eciprocal nforcement Act):A law that provides a way

to establish and enforce support obligations when the obligor lives in one stateand the obligee and child live in another# allowing one state to honor and enforceanother state's orders. Beciprocal matters involving both interstate and localsupport issues in this state are commonly handled by the Attorney General's/ffice.Bncontested: Fatters before the court in which parties have not e(presseddisagreements.Bnder Ad'isement:After hearing oral argument# the %udge may rule while onthe bench or later in chambers. 6hen ruling later in chambers# the matter isreferred to as 2ta$en under advisement.5Bniform Child C"stody 7"risdiction and nforcement Act (BCC7A):

A law that helps the court determine which state has %urisdiction regardingcustody.Bniform 4eciprocal nforcement Act (B4SA):A law that provides a wayto establish and enforce support obligations when the obligor lives in one stateand the obligee and child live in another# allowing one state to honor and enforceanother state's orders. Beciprocal matters involving both interstate and localsupport issues in this state are commonly handled by the Attorney General's/ffice.Bnsec"red Appearance +ond:A bond that is not secured by any deposit of orlien upon property.5.5acate: To remove a hearing from the court's calendar.

5en"e: The county# city# %udicial district or geographical area over which acertain court has power to e(ercise %urisdiction.5iolation *earin!: A hearing to determine whether a probationer has violateda written condition or regulation of probation.5isitation: Now referred to as Parenting Time or Access! The amount of timeestablished by the court that a child spends with a non0custodial parent orgrandparent.)


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5ol"ntariness *earin!: A hearing to determine whether or not a defendant'sstatements to a police officer were made involuntarily.5oir Dire: The %ury selection phase of a trial+ a preliminary e(amination of aprospective %uror by a %udge or lawyer to decide whether the prospect is "ualifiedand suitable to serve on a %ury.

-.-a!e Assi!nment: family law! A court order to attach a person's pay chec$ forpayment of child support# spousal maintenance or arrearages of child support orspousal maintenance.-ai'ed Fees: Court fees that are not re"uired to be paid because of thefinancial condition or situation of the party.-ard:A person for whom a guardian has been appointed.-arrant:An order to law enforcement to ta$e a person into custody.-arrant for &mmediate %rod"ction: ;ormerly $nown as a 6rit of abeasCorpus in family court! An action of one party attempting to retrieve a child fromanother party. /ftentimes# a party without proper authority to have a child willremove the child from the proper %urisdiction and bring the child to Ariona. Theparty with authority to have custody will follow and attempt to retrieve the childby filing their orders with the Cler$ of the Court domesticating a foreign%udgment! and approaching the %udicial officer with a re"uest to have the childreturned.-ill: Includes codicil and any testamentary instrument that merely appoints ane(ecutor# revo$es or revises another will# nominates a guardian or e(presslye(cludes or limits the right of a person or class to succeed to property of thedecedent passing by intestate succession.-ith %re"dice: Charges dismissed 2with5 pre%udice cannot be re0filed againsta defendant. 1ee 2@ismissal with Pre%udice5.-itho"t %re"dice: Charges dismissed 2without5 pre%udice can be re0filed

against a defendant. 1ee 2@ismissal without Pre%udice5.-itness: /ne who testifies under oath at a trial or hearing about what he&shehas seen# heard# $nows or has an opinion about.-rit:A formal order of the court ordering a person to do or not to do something.?


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-rit of Certiorari: A writ by which an appellant see$s the review of a case bythe 1upreme Court of the 3nited 1tates. 6hen the writ is granted# the courtorders the lower court to send up the record of the case for review.-rit of *a#eas Corp"s: An independent proceeding instituted to determinewhether a defendant is being deprived unlawfully of his&her liberty+ a procedure

triggered by a defendant who attempts to show that his&her imprisonment isunlawful.-rit of /ec"tion:A writ to put in force the %udgment or decree of the court.-rit of Garnishment: civil law! A court order to a lending institution oremployer to attach a person's ban$ accounts or pay chec$ for monies to repay adebt.-rit of 4eple'in: A court order authoriing an officer to seie and hold theproperty involved in a suit of replevin.-rit of 4estit"tion:6hen the court orders a defendant to vacate the premises#the court also will order a writ of restitution issue on a specified date. This orderis entered in the event the tenant refuses to move. In this event# the Cler$ of theCourt is authoried to issue a writ of restitution to the sheriff commandinghim&her to forcibly remove the tenant and restore possession of the property tothe plaintiff.64

Documents

Glossary of Legal Terms AM ENG