Glossary

The court-supervised process by which a will is determined to be the will-maker's final statement regarding how the will maker wants his/her property distributed. It also confirms the appointment of the personal representative of the estate. Probate also means the process by which assets are gathered; applied to pay debts, taxes, and the expenses of administration; and distribution to those designated as beneficiaries in the will.

The court with authority to supervise estate administration.

Estate property that may be disposed of by a will.

Suspension of sentence with or without adjudication and placing the defendant under supervision of the Department of Corrections for a specified period of time and possible conditions.

A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

The act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his/her action or by his/her failure to act when he/she had a duty to act.

A court-appointed attorney for those defendants who are declared indigent.

To vacate or void a summons, subpoena, etc.

Shorthand for "qui tam pro domino rege quam pro seipse", meaning "he who as much for the king as himself." Action by a private individual with knowledge of a fraud on the government to sue for damages.

The giving of one valuable thing for another.

Removing a cloud from title by court action.

Giving up one's claim or title.

Land, buildings, and other improvements affixed to the land.

An accused person is entitled to acquittal if, in the minds of the jury, his/her guilt has not been proved beyond a reasonable doubt; that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.

A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do.

Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.

Court order recalling a warrant or capias.

All the documents and evidence plus transcripts of oral proceedings in a case.

A judge excusing himself/herself from a case.

Opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination. Referee - A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court.