- C -
Legal
Glossaries Index
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.