Legal Terms and Legal Glossary

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Legal Terms and Glossary:

Action:

Proceeding taken in a court of law. Synonymous with case, suit lawsuit.

Adjudication:

A judgment or decree

Adversary system:

Basic U.S. trial system in which each of the opposing parties has opportunity to state his viewpoints before the court. Plaintiff argues for defendant's guilt (criminal) or liability (civil). Defense argues for defendant's innocence (criminal) or against liability civil).

Affidavit:

A written or printed declaration or statement under oath

Affirm:

The assertion of an appellate court that the judgment of the lower court is correct and should stand.

Alimony:

Also called spousal support or spousal maintenance. Financial payments made to help support a spouse or former spouse while the parties are physically separated, while a divorce or legal separation proceeding is pending, or following a divorce or legal separation. In the State of Oregon, there are three types of spousal support: transitional, compensatory and maintenance. These are defined in greater detail below.

Allegation:

An assertion, declaration or statement of a party to an action made in a pleading, stating what he expects to prove.

Alleged:

(allegation) Stated; recited; claimed; asserted; charged.

Alternative Dispute Resolution (ADR):

Methods of resolving legal disputes in a less adversarial manner without having to go to trial such as arbitration or mediation. Many courts in Oregon require divorcing parties to attend mediation before trial, particularly if children are involved.

Annulment:

The legal rescission or cancellation of a marriage because it was invalid or void when entered. In Oregon, a marriage can be annulled if either spouse was not of legal age or sufficient understanding to marry, if either spouse’s consent to marry was obtained by force or fraud, if either spouse was already married, or if spouses are first cousins or nearer of kin to each other. An annulment differs from a divorce in that the law treats a marriage that was annulled as if it never occurred, while a divorce terminates a marriage. An annulment may be preferred when a person’s religious beliefs do not approve of or permit a divorce.

Answer:

A formal response to a claim, admitting or denying the allegations in the claim.

Appeal:

Review of a case by a higher court.

Appearance:

(1) The formal proceeding by which a defendant submits to the jurisdiction of the court; (2) A written notification to the plaintiff by an attorney stating the he is representing the defendant.

Arbitration:

the hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept.

Arrearage:

Money for child or spousal support that has not been paid and is past due.

At issue:

The time in a lawsuit when the complaining party has stated his claim and the other side has responded with denial and the matter is ready to be tried.

Attorney at law:

A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding.

Attorney of record:

An attorney, named in the records of a case, who is responsible for handling the cause on behalf of the party he represents.

Bankruptcy:

A legal proceeding where a person or business is relieved of paying certain debts.

Best evidence:

Primary evidence; the best evidence which is available; any evidence falling short of this standard is secondary.

Brief:

A legal document, prepared by an attorney which presents the law and facts supporting his client's case.

Burden of proof:

Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.

Calendar:

List of cases arranged for hearing in court.

Caption:

The caption of a pleading, or other papers connected with a case in court, is the heading or introductory clause which shows the names of the parties, name of the court, number of the case, etc.

Case:

Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information.

Caseload:

The number of cases a judge handles in a specific time period.

Cause of action:

A legal claim.

Certificate under penalty of perjury:

A written statement, certified by the maker as being under penalty of perjury. In many circumstances, it may be used in lieu of an affidavit.

Certiorari:

Procedure for removing a case from a lower court or administrative agency to a higher court for review.

Challenge for cause:

A request by a party that the court excuse a specific juror on the basis that the juror is biased.

Child Support:

Money that a noncustodial parent pays to the custodial parent for the support of their child(ren).

Child Support Guidelines:

Guidelines established by statute or rule in each jurisdiction that set forth the manner in which child support must be calculated, generally based on the income of the parents and the needs of the children.

Citation:

(1) Summons to appear in court; (2) Reference to authorities in support of a legal argument.

Civil law:

All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.

Claim:

The assertion of a right to money or property.

Clerk of the court:

An officer of a court whose principal duty is to maintain court records and preserve evidence presented during a trial.

Closing argument:

The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Code:

A collection, compendium or revision of laws systematically arranged into chapters, table of contents and index and promulgated by legislative authority.

Commit:

To lawfully send a person to prison, a reformatory or an asylum

Common law:

Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law."

Comparative negligence:

Negligence of a plaintiff in a civil suit which decreases his recovery by his percentage of negligence compared to a defendant's negligence.

Compensatory Spousal Support:

Financial support paid to compensate a divorced or separated spouse, who made a significant contribution toward the other spouse’s education, training, vocational skills, career or earning capacity during the marriage.

Competency:

In the law of evidence, the presence of those characteristics which render a witness legally fit and qualified to give testimony.

Complaint:

(1) Criminal: Formal written charge that a person has committed a criminal offense; (2) Civil: Initial document entered by the plaintiff which states the claims against the defendant.

Contempt of court:

Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed in the presence of the court; indirect contempt is when a lawful order is not carried out or refused.

Continuance:

Adjournment of the proceedings in a case from one day to another.

Corroborating evidence:

Evidence supplementary to that already given and tending to strengthen or confirm it.

Costs:

An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees.

Counter claim:

Claim presented by a defendant in opposition to, or deduction from, the claim of the plaintiff.

Court:

(1) Place where justice is administered; (2) Judge or judges sitting on the court administering justice.

Court administrator:

Manager of administrative, non judicial affairs of the court.

Court commissioner:

A judicial officer at both trial and appellate court levels who performs many of the same duties as judges and justices.

Court of appeals:

Intermediate appellate court to which most appeals are taken from superior court.

Court superior:

State trial court of general jurisdiction.

Court supreme:

"Court of last resort." Highest court in the state and final appellate court.

Courts of limited jurisdiction:

Includes district, municipal and police courts.

Crime:

Conduct declared unlawful by a legislative body and for which there is a punishment of a jail or prison term, a fine or both.

Criminal law:

Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law.

Cross examination:

The questioning of a witness by the party opposed to the one who produced the witness.

Custody:

There are two main types of custody in Oregon–legal and physical. Legal custody refers to the right to make the important decisions about your minor child or children regarding their residence, education, healthcare, religion, etc. Physical custody refers to where the child or children live(s). Legal custody is further broken down into two categories: joint or sole legal custody, which are defined below.

Damages:

Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another. De novo: "Anew." A trial de novo is a completely new trial held in a higher or appellate court as if the original trial had never taken place.

Declamatory judgment:

A judgment that declares the rights of the parties on a question of law.

Decree:

Decision or order of the court. A final decree completes the suit; an interlocutory decree is a provisional or preliminary decree which is not final.

Default:

Failing to answer a petition or complaint for divorce within the time provided by the summons, typically 30 days from being served. If a party served with a lawsuit, including a divorce or separation, fails to file an answer or appear in court in the required time, the court can award to the party who filed the lawsuit everything requested in his or her divorce papers.

Defendant:

(1) Criminal: Person charged with a crime; (2) Civil: Person against whom a civil action is brought. The person against whom an Oregon divorce or separation is filed is referred to as the ‘respondent.’

Defense attorney:

The attorney who represents the defendant.

Deposition:

Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court. Often this is done in attorney’s office, but does not have to be. There is generally a court reporter present to record the proceedings.

Direct examination:

The questioning of a witness by the party who produced the witness.

Discovery:

A pretrial proceeding where a party to an action may be informed about (or "discover") the facts known by other parties or witnesses.

Dismissal with prejudice:

Dismissal of a case by a judge which bars the losing losing party from raising the issue again in another lawsuit.

Dismissal without prejudice:

The losing party is permitted to sue again with the same cause of action.

Disposition:

(1) Determination of a charge; termination of any legal action; (2) A sentence of a juvenile offender.

Dissent:

The disagreement of one or more judges of a court with the decision of the majority.

Dissolution:

The official term used in Oregon courts and statutes for a divorce. This is the legal termination of a marriage or the legal proceeding to terminate a marriage.

Divorce:

The more commonly used term for the legal termination of a marriage. While most people refer to the termination of a marriage or the legal proceeding to terminate a marriage as a ‘divorce,’ the term actually used in the statutes and courts in Oregon is ‘dissolution.’

Docket:

Book containing entries of all proceedings in a court.

Domestic Partnership:

An arrangement in which unmarried persons cohabitate or live together with an intention to pool their resources and assets, and share their property and debt. Oregon law does not recognize ‘common law’ marriages as a result of unmarried persons living together for an extended period of time. However, domestic partnerships are recognized. Domestic partners can often obtain much of the same relief that is available to a divorcing couple, with one notable exception being spousal support. Courts will divide the parties’ property and debt according to their written agreement, if one exists, or their expressed or implied intent.

Due process:

Constitutional guarantee that an accused person receive a fair and impartial trial.

En banc:

"On the bench." All judges of a court sitting together to hear a case.

Enjoin:

To require a person to perform, or abstain or desist from some act.

Equitable Distribution:

A division of property that is fair in view of all of the circumstances. An equitable does not necessarily mean an equal one.

Evidence:

Any form of proof legally presented at a trial through witnesses, records, documents, etc. Statements made by attorneys during a trial is not evidence.

Exception:

A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.

Exhibit:

Paper, document or other object received by the court as evidence during a trial or hearing.

Expert evidence:

Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters.

Fact-findinq hearing:

A proceeding where facts relevant to deciding a controversy are determined.

Fair Preponderance:

Evidence sufficient to create in the minds of the triers of fact the belief that the party which bears the burden of proof has established its case.

Felony:

A crime of grave nature than a misdemeanor. In Oregon there are three levels of felony.

Fine:

A sum of money imposed upon a convicted person as punishment for a criminal offense.

File:

(1) The complete court record of a case; (2) "To file" a paper is to give it to the court clerk for inclusion in the case record; (3) A folder in a law office (of a case, a client, business records, etc.)

Fraud:

An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right or in some manner do him/her injury.

General jurisdiction:

Refers to courts that have no limit on the types of criminal and civil cases they may hear. Superior courts are courts of general jurisdiction.

Grand Jury:

A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals.

Guardian ad litem:

A person appointed by a court to manage the interests of a minor or incompetent person whose property is involved in litigation.

Hearing:

An in-court proceeding before a judge, generally open to the public.

Hearsay:

Evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed. The legal definition is actually more expansive: “an out of court statement offered for its truth.” The laws surrounding hearsay are fairly involved from an evidentiary standpoint.

Hung Jury:

A jury whose members cannot agree on a verdict.

Hypothetical question:

A combination of facts and circumstances, assumed or proved, stated in such a form as to constitute a coherent state of facts upon which the opinion of an expert can be asked by way of evidence in a trial.

Immunity:

Freedom from duty or penalty.

Impeachment of a witness:

An attack on the credibility of a witness by the testimony of other witnesses.

Inadmissible:

That which, under the established rules of evidence, cannot be admitted or received.

Induction:

Writ or order by a court prohibiting a specific action from being carried out by a person or group.

Informed consent:

A person's agreement to allow something to happen (such as surgery) that is based on a full disclosure of facts needed to make the decision intelligently.

Injure:

(1) Hurt or harm; (2) Violate the legal rights of another person.

Instruction:

Direction given by a judge regarding the applicable law in a given case.

Interrogatories:

Written questions developed by one party's attorney for the opposing party. Interrogatories must be answered under oath within a specific period of time. oregon’s civil procedure does not provide for using interrogatories.

Intervention:

Proceeding in a suit where a third person is allowed, with the court's permission, to join the suit as a party.

Joint Legal Custody:

The continued co-parenting of a minor child after a divorce or legal separation, or the sharing of the right to make important decisions about a child’s welfare by both parents. Many professionals in the family law world, including judges, lawyers, therapists, counselors, psychologists, psychiatrists, etc. believe this is the preferred method of raising a child after a divorce, if the parents are capable and the circumstances are appropriate. In Oregon, a judge cannot force parents to share joint legal custody. Rather, joint legal custody is only possible if both parents agree to it.

Joint Physical Custody:

: The sharing of the actual physical care and custody of a minor child or children by both parents.

Judge:

An elected or appointed public official with authority to hear and decide cases in a court of law.

Judgment:

Final determination by a court of the rights and claims of the parties in an action.

Judge pro tem:

Temporary judge.

Jurisdiction:

Authority of a court to exercise judicial power.

Jurisprudence:

The science of law.

Juror:

Member of a jury.

Jury:

Specific number of people (usually 6 or 12), selected as prescribed by law to render a decision (verdict) in a trial.

Law:

The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.

Law clerks:

Persons trained in the law who assist the judges in researching legal opinions.

Lawsuit:

A civil action; a court proceeding to enforce a right (rather than to convict a criminal).

Lawyer:

A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister

Lay:

non-professional; for example: a lawyer would call a non-lawyer a lay person and a doctor would call a non-doctor a lay person.

Lay advocate:

a paralegal who specializes in representing persons in administrative hearings

Leading question:

One which suggests to a witness the answer desired. Prohibited on direct examination.

Legal Custody:

Legal custody refers to the right to make the important decisions about a minor child or children regarding their residence, education, healthcare, religion, etc. Legal custody is further broken down into two categories: joint or sole legal custody, which are defined above and below, respectively.

Legal Separation:

This is a legal device or proceeding similar to a divorce in which the financial and legal lives of a married couple are separated and the parties stop cohabitating or living together. In a legal separation, the parties can obtain nearly all of the same relief available through a divorce such as the division of their property and debts, child custody, and child and spousal support. However, the parties’ marriage is not legally terminated and they remain legally married. A legal separation may be preferred because a person’s religious beliefs do not approve of or permit a divorce.

Limited jurisdiction:

Refers to courts that are limited in the types of criminal and civil cases they may hear. District, municipal and police courts are courts of limited jurisdiction.

Litigant:

One who is engaged in a lawsuit.

Litigation:

Contest in court; a law suit.

Magistrate:

Court official with limited authority.

Maintenance or Spousal Maintenance:

Financial payments made to a divorced or separated spouse for a specified or indefinite period of time. Maintenance is most common in a long-term marriage, and it is intended to allow the less fortunate spouse to continue the standard of living established during the marriage. It is usually ordered when one spouse is at a significant disadvantage in his or her ability to support themselves after the divorce because of their age, or physical, mental or emotional condition, or limited education, work experience or earning potential.

Malpractice:

Professional misconduct or unreasonable lack of skill. A claim of malpractice must prove two things. One, you must prove that you could have won your case were it not for your lawyer's negligence. And, secondly, you must prove that your lawyer's actions were negligent.

Mandate:

Command from a court directing the enforcement of a judgment, sentence or decree.

Marital property:

In Oregon, a presumption exists that all property acquired during the marriage is marital property. Compare to

Nonmarital Property:

.

Mediation:

A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement.

Misdemeanor:

Criminal offenses less than felonies. In Oregon there are three levels of misdemeanor. The maximum sentence for the highest level misdemeanor (Class A”) is one year in jail and a $6,250 fine.

Mistrial:

Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury.

Mitigating circumstances: Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Motion:

Oral or written request made by a party to an action before, during or after a trial upon which a court issues a ruling or order.

Moot:

Unsettled; undecided. A moot point is one not settled by judicial decisions.

Negligence:

The absence of ordinary care.

Noncustodial Parent:

The parent who does not have legal and/or physical custody of the child or children.

Non-marital Property:

Generally, property owned by either spouse before the marriage or that is acquired individually or separately during the marriage, such as by gift or inheritance.

Oath:

Written or oral pledge by a person to keep a promise or speak the truth.

Objection:

Statement by an attorney taking exception to testimony or the attempted admission of evidence and opposing its consideration as evidence.

Obligee:

A person who is owed something by another such as child or spousal support.

Obligor:

A person who owes something to another such as child or spousal support.

Of counsel:

Phrase used to identify attorneys that are employed by a party to assist in the preparation and management of a case but who are not the principal attorneys of record in the case.

Offer:

(1) To make a proposal; to present for acceptance or rejection; (2) To attempt to have something admitted into evidence in a trial; to introduce evidence; (3) An "offer" in contract law is a proposal to make a deal. It must be communicated successfully from the person making it to the person to whom it is made and it must be the person to whom it is made and it must be definite and reasonably certain in its terms.

Omnibus hearing:

A pretrial hearing normally scheduled at the same time the trial date is established. Purpose of the hearing is to ensure each party receives (or "discovers") vital information concerning the case held by the other. In addition, the judge may rule on the scope of discovery or on the admissibility of challenged evidence.

Opening statement:

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Opinion:

Statement of decision by a judge or court regarding a case tried before it. Published opinions are printed because they contain new legal interpretations. Unpublished opinions, based on legal precedent, are not printed.

Opinion, per curiam:

Phrase used to distinguish an opinion of the whole court from an opinion written by only one judge.

Overrule:

(1) Court's denial of any motion or point raised to the court; (2) To overturn or void a decision made in a prior case.

Parenting Plan:

The schedule for the noncustodial parent’s time with his or her child or children.

Parenting Time:

The time that a noncustodial parent spends with his or her child or children.

Parties:

Persons, corporations, or associations, who have commenced a law suit or who are defendants.

Peremptory challenge:

Procedure which parties in an action may use to reject prospective jurors without giving reason. Each side is allowed a limited number of such challenges.

Petition:

Written application to a court requesting a remedy available under law.

Petition for review:

A document filed in the state Supreme Court asking for a review of a decision made by the Court of Appeals.

Perjury:

Making intentionally false statements under oath. Perjury is a criminal offense.

Petitioner:

The person who initiates or files a divorce or marriage dissolution proceedings.

Physical Custody:

A parent’s right to have the minor child or children live in his or her home, which carries with it the day to day rights and responsibilities for the care and upbringing associated with having the child or children in the home.

Plaintiff:

The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner in family law proceedings.

Plea:

A defendant's official statement of "guilty" or "not guilty" to the charge(s) made against him.

Pleadings:

Formal, written allegations by the parties of their respective claims.

Polling the jury:

A practice whereby the jurors are asked individually whether they agreed, and still agree, with the verdict.

Power of attorney:

Document authorizing another to act as one's agent or attorney in fact (not an attorney at law).

Precedent:

Previously decided case which is recognized as an authority for determining future cases.

Premarital Agreement:

An agreement entered into before marriage that sets forth each party’s rights and responsibilities should the marriage terminate by death or divorce. Also called a prenuptial agreement.

Prenuptial Agreement:

An agreement entered into before marriage that sets forth each party’s rights and responsibilities should the marriage terminate by death or divorce. Also called a premarital agreement.

Preponderance of evidence:

The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.

Presiding judge:

Chief or administrative judge of a court.

Probate:

The legal process of establishing the validity of a will and settling an estate.

Proceeding:

Any hearing or court appearance related to the adjudication of a case.

Qualified Domestic Relations Order (QDRO):

An order issued by the court to divide retirement benefits. Often called a ‘quad ro’ by lawyers and judges. The preparation of a QDRO requires the parties to hire a third attorney, one who did not represent either party in the divorce, to prepare order. The parties usually split the cost of the preparation of the QDRO, which is generally between $750-1,000 for each retirement account being split.

Record:

(1) To preserve in writing, print or by film, tape, etc.; (2) History or a case; (3) The word-for-word (verbatim) written or tape recorded account of all proceedings of a trial. Record on appeal: The portion of the record of a court of limited jurisdiction necessary to allow a superior court to review the case.

Reasonable doubt:

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

Rebuttal:

The introduction of contradicting or opposing evidence showing that what witnesses said occurred is not true, the stage of a trial at which such evidence may be introduced.

Redirect examination:

Follows cross examination and is carried out by the party who, first examined the witness.

Remand:

To send back. A disposition by an appellate court that results in sending the case back to the original court from which it came for further proceedings.

Reply:

Pleading by the plaintiff in response to the defendant's written answer.

Respondent:

(1) The person against whom a legal proceeding is filed in a family law matter; (2) Party against whom an appeal is brought in an appellate court (the prevailing party in the trial court case); (3) A juvenile offender.

Restitution:

Act of giving the equivalent for any loss, damage of injury.

Restraining Order:

A civil order issued by the court to restrain or prevent a person from doing something. Frequently, issued in conjunction with domestic violence or custody disputes. In Oregon such protective orders are generally issued under Oregon’s Family Abuse Prevention Act (FAPA). A restraining order is not the same as a “stalking order.”

Rests the case:

When a party concludes his presentation or evidence.

Reversal:

Setting aside, annulling, vacating or changing to the contrary the decision of a lower court or other body.

Separation:

The cessation of cohabitation between a married couple by their mutual agreement or judicial decree. If done only by the parties’ mutual agreement, then this living arrangement generally means that the parties are not responsible for the other spouse’s debts and obligations, except for the debts relating to the expenses of the family and the maintenance, support and education of their minor children. If done through a formal legal proceeding, then the parties’ legal and financial lives are legally separated, and they can obtain nearly all of the same relief available through a divorce such as the division of their property and debts, child custody, and child and spousal support. However, the parties’ marriage is not legally terminated and they remain legally married. Please see ‘Legal Separation’ above.

Service:

Delivery of a legal document to the opposite party.

Set aside:

Annul or void as in "setting aside" a judgment.

Settlement:

(1) Conclusion of a legal matter; (2) Compromise agreement by opposing parties in a civil suit before judgment is made, eliminating the need for the judge to resolve the controversy.

Settlement Conference:

A meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court.

Sole Legal Custody:

One parent is given the unilateral right to make important decisions about a child’s welfare without consulting the other parent. Typically, the parent with sole legal custody will also have physical custody of the child.

Split Custody::

A form of custody generally not looked upon favorably in which one or more of the parties’ children is/are in the custody of one parent while the remaining child or children is/are in the custody of the other parent.

Spousal Support:

Financial payments made to help support a spouse or former spouse while the parties are physically separated, while a divorce or legal separation proceeding is pending, or following a divorce or legal separation. Also called alimony. In Oregon, there are three types of spousal support: transitional, compensatory and maintenance. These are defined in greater detail above and below.

Statute:

A law created by the Legislature.

Statute of limitations:

Law which specifies the time within which parties must take judicial action to enforce their rights.

Stay:

Halting of a judicial proceeding by order of the court.

Stipulation:

An agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court’s final order or judgment and decree.

Subpoena:

Document issued by the authority of the court to compel a witness to appear and give testimony or produce documentary evidence in a proceeding. Failure to appear or produce is punishable by contempt of court.

Subpoena duces tecum:

"Under penalty you shall take it with you." A process by which the court commands a witness to produce specific documents or records in a trial.

Suit:

Any court proceeding in which an individual seeks a decision.

Summons:

Document or writ directing the sheriff or other officer to notify a person that an action has been commenced against him in court and that he is required to appear, on a certain day, and answer the complaint in such action.

Testimony:

Any statement made by a witness under oath in a legal proceeding.

Tort:

An injury or wrong committed, with or without force, to the person or property of another, which gives rise to a claim for damages.

Transcript:

The official record or proceedings in a trial or hearing, which is kept by the clerk.

Transitional Spousal Support:

Financial payments made to help support a spouse or former spouse to attain education and training necessary to permit him or her to reenter or advance in the job market.

Trial:

The presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the case

Trier of facts:

The jury or, in a non-jury trial, the judge, or an administrative body.

Venue:

The specific county, city or geographical area in which a court has jurisdiction.

Verdict:

Formal decision made by a judge or jury (trier of facts).

Visitation:

This is the term commonly used for the time that a noncustodial parent spends with his or her child or children. In Oregon, however, by statute, the term ‘visitation’ actually refers to time that a non-parent, such as a grandparent, spends with child or children, while ‘parenting time’ refers to time that a noncustodial parent spends with his or her child or children.

Voir dire:

(pronounced "vwar-deer"): "To speak the truth." The process of preliminary examination of prospective jurors, by the court or attorneys, regarding their qualifications.

Witness:

Person who testifies under oath before a court, regarding what he/she has seen, heard or otherwise observed.

Writ:

A special, written court order directing a person to perform, or refrain from performing, a specific act.