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A
B C
D E
F G
H I
J K L
M N
O P
Q R
S T
U V
W X Y Z #
Click on the first letter of the
word from the list above to go to the appropriate
section of the glossary.
- C -
Calendar: List of cases scheduled for hearing in
court.
Capacity Defense: Broadly, describes a defendant's
lack of some fundamental ability to be held
accountable. For example, in Pennsylvania, persons
under 7 years of age are presumed incapable of
negligence. Capital crime: A crime punishable by
death.
Caption: The heading on a legal document listing
the parties, the court, the case number, and related
information.
Case Law: Law established by previous decisions of
appellate courts, particularly the Supreme Court.
Casualty: A loss of property due to fire, storm
shipwreck or other casualty, which is allowable as a
deduction in computing taxable income.
Cause: A lawsuit, litigation, or action. Any
question, civil or criminal, litigated or contested
before a court of justice.
Causation: The act by which an effect is produced.
See also "legal cause" and "proximate
cause."
Cause of Action: Fact or facts that give someone
the right to seek a remedy through the court because
the facts of the case apply to a certain law sought to
be enforced.
Caveat: A warning; a note of caution.
Certification: 1. Written attestation. 2.
Authorized declaration verifying that an instrument is
a true and correct copy of the original.
Certiorari: (Latin: "To be informed of.")
Writ issued by a superior or higher court to a lower
court requiring the lower court to produce a certified
record of a case tried there so that the superior
court can examine the lower court proceedings for
errors. See record.
Challenge: An objection, such as when an attorney
objects at a hearing to the seating of a particular
person on a civil or criminal jury.
Challenge for Cause: Objection to the seating of a
particular juror for a stated reason (usually bias or
prejudice for or against one of the parties in the
lawsuit). The judge has the discretion to deny the
challenge. This differs from peremptory challenge.
Chambers: A judge's private office. A hearing in
chambers takes place in the judge's office outside of
the presence of the jury and the public.
Change of Venue: Moving a lawsuit or criminal trial
to another place for trial.
Charge to the Jury: The judge's instructions to the
jury concerning the law that applies to the facts of
the case on trial.
Chief Judge: Presiding or Administrative Judge in a
court.
Circumstantial Evidence: Evidence not based on
actual personal knowledge or observation of the fact
in dispute, but, rather, evidence of other personal
knowledge or observation which allows a jury to infer
the existence or nonexistence of the fact in dispute.
An example of direct evidence of who was at fault for
a car accident would be a witness who actually saw the
accident. An example of circumstantial evidence in
this case, would be a witness who drove by after the
impact and saw the defendant's car in the wrong lane.
Citation: 1. A reference to a source of legal
authority. 2. 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.
Civil Action: Action brought to enforce private
rights. Generally, all actions except criminal
actions.
Civil Law: Body of law concerned with private
rights and remedies, as contrasted with criminal law.
Compare with criminal law.
Civil Procedure: The rules and process by which a
civil case is tried and appealed, including the
preparations for trial, the rules of evidence and
trial conduct, and the procedure for pursuing appeals.
Claim Petition: In cases where a worker is injured
on the job, the injured employee files a claim
petition to seek initial compensation. This occurs
when there has been a Notice of Denial - no workers'
compensation payments have been made or medical
benefits have not been paid.
Class Action: A means by which one or more
individuals are able to sue for themselves and as
representatives of other people. A class action
requires: an identifiable group of people with a
well-defined interest in the facts and law of the
suit; too many people in the group for it to be
practical to bring them all before the court; and the
individuals bringing suit are able to adequately
represent the entire group.
Clear and Convincing Evidence: Standard of proof
commonly used in civil lawsuits and in regulatory
agency cases. It governs the amount of proof that must
be offered in order for the plaintiff to win the case.
Clemency or Executive Clemency: Act of grace or
mercy by the president or governor to ease the
consequences of a criminal act, accusation, or
conviction. It may take the form of commutation or
pardon.
Closing Argument: The closing statement, by
counsel, to the trier of facts after all parties have
concluded their presentation of evidence.
Codicil (kod'i-sil): An amendment to a will.
Co- Defendant: A defendant joined together with one
or more other defendants in the same case.
Collateral Source Rule: The rule ensures that
compensation awarded to a plaintiff in a lawsuit will
not be reduced if the plaintiff receives compensation
for the same injury from another source, such as
insurance. Under the rule, a defendant tort-feasor is
unable to benefit from the fact that the plaintiff
received money from another source, such as insurance,
because of the defendant's tort.
Commit: To send a person to prison, asylum, or
reformatory by a court order.
Common Law: Law deriving its authority from usage
and customs or judgments of courts recognizing and
enforcing such usages and customs. Generally, law made
by judges rather than by legislatures.
Commutation: The reduction of a sentence, as from
death to life imprisonment.
Comparative Negligence: Comparing the plaintiff's
contributory negligence to the defendant's negligence.
Pennsylvania's Comparative Negligence statute states
that when a plaintiff is guilty of contributory
negligence and that negligence was not greater than
the defendant's negligence, the plaintiff's damages
will be diminished in proportion to his negligence in
causing the accident.
Compensation: Something that makes up for a loss.
In workers' compensation cases, it refers to payment
to unemployed or injured workers or their dependents.
Complaint: In the legal sense, the document a
plaintiff files with the court which contains
allegations and damages sought. A complaint generally
starts a lawsuit.
Complainant: The party who complains or sues; one
who applies to the court for legal redress. Also
called the plaintiff.
Compromise and Release: In workers' compensation
cases, this occurs when a lump sum payment of money is
paid by the insurance carrier to an injured worker to
resolve the case. This lump sum is in lieu of the
weekly compensation benefits the injured worker is
receiving and may or may not include future medical
benefits.
Conciliation: A form of alternative dispute
resolution in which the parties bring their dispute to
a neutral third party, who helps lower tensions,
improve communications, and explore possible
solutions. Conciliation is similar to mediation, but
it may be less formal.
Concurrent Sentences: Sentences for more than one
crime that are to be served at the same time, rather
than one after the other. See also cumulative
sentences.
Condemnation: The legal process by which the
government takes private land for public use, paying
the owners a fair price.
Consecutive Sentences: Successive sentences, one
beginning at the expiration of another, imposed
against a person convicted of two or more violations.
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.
(See also guardianship. Conservators have somewhat
less responsibility than guardians.)
Contempt of Court: Willful disobedience of a
judge's command or of an official court order.
Continuance: Postponement of a legal proceeding to
a later date.
Contract: A legally enforceable agreement between
two or more competent parties made either orally or in
writing.
Contingent Fee Agreement: An agreement between an
attorney and his or her client whereby the attorney
agrees to represent the client for a percentage of the
amount recovered. This fee agreement is frequently
used in personal injury actions.
Contributory Negligence: Broadly, carelessness on
the plaintiff's part. More precisely, conduct which
falls below the standard of care established by law
for the protection of one's self against unreasonable
risk of harm.
Conviction: A judgment of guilt against a criminal
defendant.
Corpus Delicti: Body of the crime. The objective
proof that a crime has been committed. It sometimes
refers to the body of the victim of a homicide or to
the charred shell of a burned house, but the term has
a broader meaning. For the state to introduce a
confession or to convict the accused, it must prove a
corpus delicti, that is, the occurrence of a specific
injury or loss and a criminal act as the source of
that particular injury or loss.
Corroborating Evidence: Supplementary evidence that
tends to strengthen or confirm the initial evidence.
Counsel: Legal adviser; a term used to refer to
lawyers in a case.
Counterclaim: Claim brought by a defendant in a
lawsuit against the plaintiff.
Court Administrator/Clerk of court: An officer
appointed by the Court or elected to oversee the
administrative, non-judicial activities of the court.
Court: Refers to a specific court, such as The
Supreme Court of Pennsylvania, or may also refer to a
judge.
Court Costs: The expenses of prosecuting or
defending a lawsuit, other than the attorneys' fees.
An amount of money may be awarded to the successful
party (and may be recoverable from the losing party)
as reimbursement for court costs.
Court Reporter: The person who stenographically
records and transcribes testimony during court
proceedings or related proceedings such as
depositions.
Criminal Law: Criminal law declares what conduct is
criminal and prescribes punishment to be imposed for
criminal conduct. The purpose of criminal law is to
prevent harm to society.
Cross-Claim: Claim brought by a defendant in a
lawsuit against a co-defendant in the lawsuit.
Cross-Examination: The questioning of a witness
produced by the other side.
Cumulative Sentences: Sentences for two or more
crimes to run consecutively, rather than concurrently.
Custody: Detaining of a person by lawful process or
authority to assure his or her appearance to any
hearing; the jailing or imprisonment of a person
convicted of a crime.
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