Glossary

A

Acknowledgement

A document or message that says something is true or correct.

Affidavit

A written or printed statement that you promise is true, and if it’s not, you may face a penalty.

Answer

A defendant’s written response to a lawsuit that is filed with the Court.

Appeal

A request made after a trial by a person who has lost in court on one or more issues, asking that a higher court review the previous court decision to determine if there were errors serious enough to result in a new trial.

Arbitration

When two people or groups have a disagreement, and they ask a neutral person to listen to both sides and make a fair decision to help solve the problem.

Assets

Property of all kinds such as your house, a parcel of land, car, or bank account.

B

Bailiff

The person who keeps order in the courtroom.

C

Cause of Action

A legal claim.

Claim

An assertion of a legal right.

Common Law Marriage

Texas is one of the few states that recognize common law marriage and there are specific conditions that must be met to have the marriage considered valid including referring to one another as a spouse, living together, and filing federal income tax as a married couple.

Community Property

Property acquired by one or both spouses during marriage other than by gift or inheritance.

Complaint

A written statement that includes the issues and claims in a lawsuit.

Conservator

Most often used in child custody and visitation arrangements, a conservator is someone appointed by the court to have certain rights and responsibilities related to the care and decision-making for a child.

Continuance

A request made by a motion to change the scheduled date of a court hearing or trial.

Contract

An agreement between two or more people that creates a legal promise to do or not to do a particular thing.

D

Damages

Payment or compensation that someone asks for or receives when they have been hurt or had something wrong done to them in a way that’s against the law.

De Novo

A “do-over” in a legal case where a higher court hears a case from the beginning as if it’s starting all over again.

Default Judgment

A decision made by the court when one side doesn’t show up or respond to a complaint filed in court. It’s as if the other side wins because there was no one to argue or defend the case.

Defendant

An individual or business against whom a lawsuit is filed.

Deposition

When someone talks in front of lawyers to tell what they know or help find proof for a trial.

Disclosures

Information that is required by law to be exchanged and shared with the other side of a court case before trial.

Discovery

When people involved in a legal case have to share important information such as money records, photos, messages, and details about witnesses with each other before going to trial.

Due Process

A set of rules to make sure people are treated fairly when they are accused of something. It’s an important part of our legal system to protect our rights and make sure justice is done.

E

Eviction

A court proceeding where a landlord asks the court to determine if a tenant can be legally removed from the property.

Executor or Executrix

The person chosen to be in charge of making sure that everything goes the way the person who passed away wanted it to under a will.

Expunction

If you meet certain conditions, the law lets you use an expunction to erase criminal record information.

F

Final Order

A court order that resolves all issues in a lawsuit.

J

Judgment

The final decision that a judge makes after hearing all the facts and arguments in a case.

Jurisdiction

The legal authority of a court to hear and decide a case.

L

Lawsuit

A legal claim or dispute brought to a court for a judge or jury to decide.

Lien

A way to make sure that people get the money they’re owed when they lend it to someone: a home mortgage places a lien on the property, for example, and provides a legal remedy if the person buying the house stops paying.

Litigation

A way to solve disagreements by filing a lawsuit when talking it out doesn’t work.

M

Mediation

When parties in a lawsuit try to work out a deal themselves rather than going to trial and having the court decide the case.

Motion

A request for the judge to make a decision on an issue relating to the case.

N

Notice to Vacate

A legal notice stating that a tenant must move out on or before a specific date or the landlord will file an eviction.

O

Order

A special rule or decision made by a judge that the parties are required to follow.

P

Petition

A document that starts a lawsuit or a court matter such as an adoption or a bankruptcy.

Plaintiff

A person or business that files a formal complaint, lawsuit, or petition with the court.

Pleadings

Written statements filed with the court that describe a party’s legal or factual claims about the case.

Power of Attorney

A legal document that gives someone the authority to make decisions for another person.

Pro Bono

Latin term meaning “for the public good.” When a lawyer agrees to take all or a portion of a case at no cost to the client and collects no fee from any other source. Volunteer attorneys provide pro bono help to Legal Aid clients.

Pro Se

(also see self-represented litigant) Latin term meaning “on one’s own behalf.” When a person handles their own case, whether as a plaintiff or defendant.

R

Record

(related to a court hearing) The documentation including transcripts, exhibits, pleadings, and other information submitted to the court related to a lawsuit.

S

Sanction

A penalty when someone does not comply with a court’s order or ruling.

SAPCR

(Suit Affecting Parent-Child Relationship) A type of lawsuit related to the parenting, care, and support of children. Also commonly referred to as a “custody case.”

Self-represented Litigant

When a person handles their own case, whether as a plaintiff or defendant.

Service of Process

The way to give someone legal papers to let them know about a court case, often delivered by a “process server.” The person delivering the papers must file something with the court that says that the papers were delivered and the person served knows about the lawsuit.

Settlement

When everyone involved in a legal matter comes to an agreement to settle a case before trial.

Standing

In order to go to court and ask a judge to solve a problem, you have to have “standing”: be the right person or group who’s been harmed in a specific way and can prove it’s the fault of the other party.

Statute

A rule or law passed by legislators or others in government that works like a set of instructions that everyone in a place, like a city or a country, has to follow.

Statute of Limitations

A time limit set for certain types of legal cases. It’s a rule that says you can’t file a lawsuit or bring charges against someone for something that happened a long time ago.

Subpoena

A court order that requires someone to appear at a certain place and time, such as at a court proceeding or during an official investigation.

T

Temporary Order

A court order that lasts only while a case is waiting for trial and that provides instructions on what the parties must do and how they must act before the case goes to final trial.

Title

Legal right to ownership or possession to property.

V

Venue

The place where a court case or legal dispute can take place, usually based on where the people involved live or where the events in the case took place.

Verdict

The decision made by a jury or a judge that determines the final outcome of a case.

W

Writ

A written court order directing a person to take, or refrain from taking, a certain action.

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