Glossary of Terms for Criminal, Civil  & Probate Courts

This "Glossary of Terms" is not intended to be a definitive legal definition of terms, but, is merely provided to assist the public with general understanding of court terminology.

If you have a need for definitive legal definitions of these or any other legal terms, you should seek the services of an attorney.

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

A

Abstract of Title - A condensed history of the title to land.

Acknowledgment - Formal declaration before authorized official, be person who executed the instrument, that it is his free act and deed. The certificate of the officer on such instrument that is has been so acknowledged.

Addendum - A thing that is added or to be added. Addendums to documents may be copies.

Administrative Order - An order by the chief judge governing a function of the Court.

Affiant - A person making an affidavit.

Affidavit - A written or printed declaration or statement of the facts made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having the authority to administer such oath or affirmation.

Affirmative Defenses - The offering of new evidence in an attempt to avoid or mitigate judgment.

Affix - Attach securely.

Agreement for Deed - Transfer of interest in real property by an agreement, which when recorded, is treated like a deed and a mortgage when determining the tax stamps due. Documentary Stamp Tax at .70 cents per $100.00 is due on the total sales price. Documentary Stamp Tax at .35 cents per $100.00 and Intangible Tax at .20 cents per $100.00 is due on the total sales price minus the down payment. Upon repayment of the loan, the seller will give the buyer a deed and when that deed is recorded, there are no tax stamps due because they were paid previously on the "Agreement".

A/K/A - Also known as.

Alias - When used in connection with a description of a person, it indicates that he/she has used or been known by another name.

Alias process - A second or further writ, summons, execution or subpoena, used when the first or earlier process has for any reason failed to accomplish its purpose.

Alias subpoena - One issued after the first has been returned without having accomplished its purpose.

Alias summons - A summons issued when original has not produced its effect because defective in form or manner of service, and when issued, supersedes the first writ.

Alimony - The money allowance one spouse must pay another by order of a court during or after a divorce action.

Amend - To change a complaint, motion, order, etc., that has already been filed.

Amendment - Alteration of a law or resolution.

Amicus Curiae - A Latin term which means "friend of the court"

Ancillary Administration - Administration of an estate other than where the decedent was domiciled.

Annulment - The voiding of an act (marriage).

Answer - The pleading of a defendant in response to a plaintiff's complaint.

Appeal - Criminal - When a party dissatisfied with a decision of their judge appeals to a higher court to reverse a decision or ruling.

Appeal - A request that a case be removed from a lower court to a higher court in order for the case to be reviewed.

Appellant - The party filing the appeal.

Arraignment - Procedure whereby the accused is brought before the court to plead to the criminal charge in the indictment or information. After the charge is read to him, he is asked to plead "guilty", "not guilty" or "nolocontendere" (no contest).

Attachment, Writ of - A writ instructing the sheriff to seize property and bring it into the custody of the court.

Authenticated - when referring to copies of documents or judicial proceedings required to be filed with the court under this code) shall mean a certified copy or a copy authenticated according to the Federal Rules of Civil Procedure.
 

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B

Bench Warrant - Process issued by the court itself, or "from the bench", for the attachment or arrest of a person; either in case of comtempt; where an indictment has been found; for failure to appear for a court event; or to bring in a witness who does not obey a "subpoena".

Beneficiary - means heir at law, in an intestate estate, and devisee, in a testate estate. The term "beneficiary" does not apply to an heir at law, or devisee, after that person's interest in the estate has been satisfied. In the case of a devise to an existing trust or trustee, or to a trust or trustee described by will, in the absence of a conflict of interest of the trust, the trustee is a beneficiary of the estate. An owner of a beneficial interest in the trust is a beneficiary of the trust and IS, in the absence of a conflict of interest of the trust, not a beneficiary of the estate..

Body Attachment, Writ - A writ commanding the sheriff to bring before the court a person guilty of contempt of court.

Bona Fide - In or with good faith, honestly, openly & sincerely, without deceit or fraud.

Bond Estreature - Civil - An "Order" signed by a criminal judge directing the forfeiture of money or property posted as bail.

Bond Estreature - Criminal - A disposition for cases in which a defendant's failure to appear in court causes the money or property deposited to secure release on bail not to be returned to the defendant.

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C

Cash Bond - Sum of money posted by a criminal defendant to insure his presence in court. Used in place of surety bond and real estate.

Caption - The title of a pleading.

Caveat - If an creditor of the estate of a decedent is apprehensive that an estate, wither testate or intestate, will be administered without the creditor's knowledge, or if any person other than a creditor is apprehensive that an estate may be administered, or that a will may be admitted to probate, without the person's knowledge, he or she may file a caveat with the court. Upon a probate proceeding opened, the court will notify that person of the opening.

Certified Copy - A copy of a document that has a certification stamp, signature of the Clerk of Court and Clerk's Seal verifying that it is a true and correct copy.

Change of Venue - The movement of a case from one court of another court that has the same jurisdictional authority but is in a different geographic location.


Child - includes a person entitled to take as a child under this code by intestate succession from the parent whose relationship is involved, and excludes any person who is only a stepchild, a foster child, a grandchild, or a more remote descendant.

Citation - An order, issued by law enforcement, to appear in court at a later date. Usually used for minor violations (e.g. traffic violations).

Claims - Liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses. The term does not include expenses of administration or estate, inheritance, succession, or other death taxes.

Clerk - The clerk or deputy clerk of the court. (ACourt@ means the circuit court for Probate)

Clerk's Default - When a party against whom affirmative relief is sought has failed to file or serve any paper in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such paper.

Codicil - A supplement or addition to a will, not necessarily disposing of the entire estate but modifying, explaining, or otherwise qualifying the will in some way.

Complaint - The initial written pleading on the part of the plaintiff of a civil case.

Consolidation - Criminal - The joining of two or more cases that pertain to the same cause of action.

Consolidated Case - Civil - Cases within the same jurisdiction involving one defendant or the same litigants which are consolidated under one case number and disposed as one unit.

Court - The judge, as in "The court rules in favor of the plaintiff." Also any official tribunal (court) presided over by a judge or judges in which legal issues and claims are heard and determined. In the United States there are essentially two systems: federal courts and state courts.

Creditor - An individual or entity to which an estate may be indebted.

Curator - A person appointed by the court to take charge of the estate of a decedent until letters are issued.

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D

Decedent - The person who has died.

Default judgment - An award given to a plaintiff because the defendant fails to appear or to be represented in his own defense

Defendant - Criminal - The party against whom a charge or violation was filed.

Defendant - Civil - A person required to answer a complaint in a civil case. Also referred to as the respondent.

Deposition - Criminal - A recording of testimony of a witness or of a party to a legal action.

Deposition - Civil - The testimony of a witness through the question and answer process, which testimony is taken under oath by a court reporter.

Devise - When used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by a will. The term includes "gift," "give," "bequeath," bequest," and "legacy."

Devisee - A person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee of a trust described by will, the trust or trustee is the devisee. The beneficiaries of the trust are not devisees.

Discovery - The various legal processes which allow litigants to discover important facts about an opponent's position in a lawsuit.

Disclaimer - The rejection, refusal, or renunciation of a claim, power or property.

Dismissed with prejudice - A judgment dismissing a case because the plaintiff's contentions have not been proved and, furthermore, the judgment bars the plaintiff from future action on the same issue.

Dismissal without prejudice - A dismissal of a case not based on its merits and not preventing a future suit on the same issue.

Distributee - means a person who has received estate property from a personal representative or other fiduciary other than as a creditor or purchaser. A. testamentary trustee is a distributee only to the extent of distributed assets or increments to them remaining In the trustee's hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee. For purposes of this provision, testamentary trustee" Includes a trustee to whom assets are transferred by will, to the extent of the devised assets.

Docket - (1) To make a brief entry of any proceeding in a court of justice. (2) A formal record, entered in brief, of the proceedings in a court of justice. (3) A list of cases set to be heard at a court event at a specified date, time and place, prepared by the clerks for the use of the court, bar, and criminal justice agencies.

Domicile - A person's usual place of dwelling and shall be synonymous with "residence."

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E

Elective Share - A widow's statutory prescribed share.


Emancipation - The independence of a minor from parental control and custody, which
independence gives the minor the legal status of an adult.

Eminent Domain - Power of the state to take private property for public use, providing the state make reasonable compensation for the property.

Estate - Property of a decedent that is the subject of administration.

Executor - A person named by a testator to carry out the provisions in the testator's will.

Exempt Property - Estate property which is not subject to probate proceedings. means the property of a decedent's estate which is described in s. 732.402.

Extradition - A case filed, usually by the State Attorney's Office, in which another state wants this state to surrender a criminal for persecution in the other state.

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F

Family Administration - Simplified probate proceeding which may be used if total value of the estate is less than $60,000.

Family Allowance - A portion of a decedent's estate set aside by statute for a surviving spouse, children, or parents, regardless of any testamentary disposition or competing claims.

Fiduciary - Another name for an executor or personal representative.

File - means to file with the court or clerk.


Foreclosure - The taking and selling of mortgaged property to enforce payment of debt which was secured by the property.

Foreign personal representative - means a personal representative of another state or a foreign country .

Forfeiture - The loss of lands and goods to the State as the consequence of a crime.

Formal notice - means formal notice under the Florida Probate Rules.

Forthwith - Immediately.

Foreign Guardian - A guardian appointed in another state or country.

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G

Grand Jury - A group of people summoned and sworn to determine whether the facts and accusations presented by the prosecutor warrant an indictment and eventual trial of the accused.

Grantor - One who creates or adds to a trust and includes Asettlor@ or Atrustor@ and a testator who creates or adds to a trust.

Guardian - A person who has been appointed by the court to act on behalf of a ward's person or property or both.

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H

Habeas Corpus - Civil - A writ whose object is to bring a person before a court or judge.

Habeas Corpus - Criminal - A procedure for obtaining a judicial determination of the legality of an individuals custody.

Heirs - or "heirs at law" means those persons, including the surviving spouse, who are entitled by law to inherit from another.

Homestead - Property which is set aside for the benefit of specific family members, and which cannot be transferred by the decedent to a third party. As long as the homestead does not exceed in area or value the limits fixed by law, in most states it is exempt from forced sale for collection of a debt.

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I

In Camera - "In a room." In Camera proceedings are heard in a judge's private chambers or in a courtroom which has been cleared of all spectators.


Incapacitated Person - A person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of such person.

Incompetent - A minor or a person adjudicated incompetent.

Indigent - A party who is financially unable to pay for an attorney.

Informal notice - or "notice" means notice under the Florida Probate Rules.

Information - An accusation exhibited against a person for some criminal offense, without an indictment. A written accusation made by the State Attorney without the intervention of a grand jury.


Interested person - Any person who may reasonably be expected to be affected by the outcome or the particular proceeding involved. In any proceeding affecting the estate or the rights of a beneficiary in "the estate, the personal representative of the estate shall be deemed to be an interested person. In any proceeding affecting the expenses of the administration, the trustee of a trust described in s. 733. 707(3) is an interested person in the administration of the grantor's estate. The term does not include a beneficiary who has received distribution. The meaning, as it relates to particular persons, may vary from time to time and must be detem1med according to "the particular purpose of, and matter involved in, any proceedings.

Intestate - Without a will.

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J-K

JA - Judicial assistant of a judge. Provides clerical services to a judge.

Judgment - The final determination by a court of the rights of disputing parties to a lawsuit.

Jury - A group of people composed of the peers or a cross-section of the community that are summoned and sworn to decide on the facts in issue at a trial.

Jury summons - The court shall order the summoning of the persons to attend the court at the time fixed in the order to form the jury, by giving personal notice to each of them, or by leaving a written notice to that effect at his place of residence, with some person of proper age and discretion, or by mailing such notice by first class mail, registered mail or certified mail.

Jury trial - A trial in which a group of citizens is empaneled to determine the issues of fact in a case.

Jurisdiction - The authority of the court to administer justice in a particular case

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L

Letters - The authority granted by the court to the personal representative to act on behalf of the estate of the decedent and refers to what has been known as letters testamentary and letters of administration.

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M

Malpractice - Negligent conduct by a professional person

Mandamus - A common law writ from a court used to coerce a public official to perform duties that he is charged by law with performing.

Mandate - A command, order or direction, written or oral, which the court is authorized to give and the person is bound to obey.


Mediation - A process in which a neutral third party listens to the complaints and concerns of all parties to a dispute and then tries to assist those parties to reach an agreement that resolves those concerns. The mediator, unlike a judge, has no authority to impose a decision on the parties.


Memorandum at Law - A written instrument concerning facts and the applicable law relating to those facts or arguments.

Microfilm - Rolls of film on which old court records are stored.

Minor - A person under 18 years of age whose disabilities have not been removed by marriage or otherwise.

Mistrial - A trial which cannot stand in law because of lack of jurisdiction, wrong, drawing of jurors, or disregard of some other fundamental procedure.

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N

Non-jury trial - A trial in which there is no jury and in which a judge determines both the issues of fact and law in a case.

Nunc Pro Tunc - A Latin phrase which means "now for then".

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O

Oath -﷓ A solemn affirmation to tell the truth.

Other state - Any state of the United States other than Florida and includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

Order to Show Cause - An "Order" directing a party to appear and show why some action should not be taken against him.
 

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P

Parent - excludes any person who is only a stepparent, foster parent or grandparent.

Per Stirpes - To distribute a share to a descendant of a deceased beneficiary.

Personal Representative - The fiduciary appointed by the court to administer the estate and refers to what has been known as an administrator or executor.

Petit Jury - An ordinary JURY AS OPPOSED TO A Grand Jury.


Petition - A written document filed in the court, initiating the case and requesting a decision in a matter described therein.

Plaintiff - A person who initiates a court action. Also referred to as complainant, claimant, or petitioner.

Pleading - A document stating a defendants plea of guilty, not guilty, or nolo contendere (no contest), filed in a case and made part of the official court case file.

Plenary Guardian - Full, entire, complete Guardianship.

Preneed Guardian - A person named in a written declaration to serve as guardian
the event of the incapacity of the declarant.

Preponderance of Evidence - The persuasive evidence which is necessary to prove one's case in a civil lawsuit.

Probate of Will - Means all steps necessary to establish the validity of a will and to admit a will to probate.

Pro Bono - Work or services done or performed by an attorney, free of charge.

Property - Both real and personal property or any interest in it and anything that may be die subject of ownership.

Pro Se - Representing oneself without legal counsel.

Protected Homestead - The property described in s. 4(2)(1), Art. X of the State Constitution on which at the death of the owner of the exemption inures to the owner's surviving spouse or heirs under s. 4(b), Art. X of the State constitution. For the purposes of the code, real property owned as tenants by the entirety is not protected homestead.

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Q

Quash - To set aside.

Quasi Judicial - A term applied to "judicial" acts taken by Agencies and Authorities that are not really constituted as COURTS of law. As an example, a ruling handed down by a zoning board is a quasi-judicial ruling.

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R

Recusal - When a judge disqualifies himself from the cause by reason of interest or prejudice.

Redemption - The regaining of property.

Remand - To send back

Remanded - When an appellate judge reverses a decision of a lower court judge and sends it back to the lower court to be reheard by that same judge.

Reopened case - A case that has been reported previously as disposed, but is resubmitted to a court.

Replevin - A personal action brought to recover possession of goods unlawfully taken.

Rescind - To cancel; revoke; terminate.

Residence - A person's place of dwelling.

Residuary Devise - or Residuary devise - A devise of the assets of the estate which remain after the provision for any devise which is to be satisfied by reference to a specific property or type of property, fund, sum, or statutory amount.

Revocation - The act of withdrawal or recall of some power, making void a will.

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S

Security - A security as defined in s. 517.021.

Security interest - A security interest as defined in s. 671.201.

Self-Proved Will - A will in which at least two witnesses took an oath, included in the will, at the time the will was signed, and in which both the witnesses' and the decedent's signatures were notarized by a qualified notary public.

Separation Agreement - An agreement between a husband and wife who have stopped living together, which agreement may provide for child support, alimony, child visitation, and distribution of property.

Service of Process - The legal notification of the existence of a lawsuit to a defendant.

Settlement - The termination of a civil case before trial by the agreement between or among the parties involved.

Specific Performance - A legal remedy, which if decreed by a court, forces a party to perform a certain act in a specified way.

Stipulation - An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial.

Style of case - The parties to a law suit. who vs. who.


Subpoena - A document ordering an individual to appear in court and give testimony.

Subpoena duces tecum - A subpoena that orders a person to bring certain documents into court when he answers the subpoena.

Sui Juris - Of full age and capacity.

Summary Administration - Administration used if assets are under $25,000 or the decedent has been dead for more than 2 years.

Summary judgment - A judgment which is entered in favor of one party without a trial, as there are no real triable issues of fact.

Summary Reporting system (SRS) - Florida State Courts System uniform case reporting system, pursuant to Section 25.075(1), Florida Statutes.

Summons - A court document directing a litigant to answer a lawsuit or suffer the risk of a default judgment.

Surety - A person who agrees to be responsible for the debt of another.
 

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T

Testate - Having left a will at death.

Transferred - A manner of disposition in which a judicial order transfers a case from one court to another before hearing or trial.

Trust - An express trust private or charitable with additions to it, wherever and however created. It also includes a trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust. Trust" excludes other constructive trusts, and it excludes resulting trusts; conservatorships; custodial arrangements pursuant to the Florida Uniform Transfers to Minors Act; business trusts providing for certificates to be issued to beneficiaries; common trust funds; land trusts under s. 689.05; trusts, created by the form of the account. or by the deposit agreement at a financial institution voting trusts; security arrangements. l1guldatlon trusts. trusts for the primary purpose of paying debts. dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind; and any arrangement under which a person is nominee or escrowee for another.

Trustee - Person or entity authorized by a trust document to handle certain property matters on behalf of another.

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U-V

UIFSA - Uniform Interstate Enforcement of Support Act. Chapter 88. Florida Statutes

Venire - The process by which jurors are summoned to try a case.

Venire listing - The list of jurors summoned to try a case.

Verdict - The decision made by a jury or by a judicial officer concerning the matters at issue.

Void - No legal force validity.

Voir Dire - The oath taken by the jury panel members to speak the truth in an examination testing their competence as a juror. The panel members are considered voir dired upon entering the court room.
 

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W-X-Y-Z

Waiver - The voluntary relinquishment of a privilege or a right.

Ward - A person who is under a guardian’s charge or protection.
Warrant - A writ or document which authorizes and directs the performance of a certain act (arrest, search or the payment of money).

Will - An instrument executed by a person, which disposes of a person’s property on or after his or her death.