News Reporters Legal Glossary

News Reporter's Legal Glossary

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

Introduction

This glossary is a greatly expanded version of the one included in the News Reporter’s Handbook, first published by The Missouri Press-Bar Commission in 1981. The News Reporter’s Legal Glossary consists of terms that are used by lawyers, judges and other officials in the day to day workings of Missouri’s justice system. It also includes thumbnail descriptions of some of the critical U.S. Supreme Court decisions that affect the media’s rights and responsibilities when covering the courts.

The Missouri Press-Bar Commission has published this glossary as part of its ongoing mission to support the media’s efforts to inform the public about the legal system and its impact on our communities and lives. The Press-Bar Commission has been promoting cooperation between the media and the legal community for more than 30 years. It is the hope of the members of the Press-Bar Commission that this glossary will be useful in maintaining the balance that exists between the media’s responsibility to keep the citizenry informed and the court system’s responsibility to ensure fair and unbiased justice.

The Missouri Press-Bar Commission

The Commission is a group of media professionals, lawyers and judges who develop projects and programs to support the efforts of Missouri media to report accurately on the actions of the justice system. The Commission is best known for its News Reporter’s Handbook, which provides an overview of the legal system within Missouri, covering state and federal courts and procedures. The following individuals comprise the membership of the 2009-2010 Missouri Press-Bar Commission:

Chair: John S. Black, Polsinelli Shughart, Kansas City

Eliot F. Battle, Columbia,

Keith A. Birkes, The Missouri Bar,

Doug Crews, Missouri Press Association,

Don Hicks, Missouri Broadcasters’ Association

Denise Jordan, Kansas City Globe

Zoe Lyle, Bar Association of Metropolitan St. Louis

Jean Maneke, The Maneke Law Group L.C.

Gene R. Martin, retired judge

Frank L. Martin, III, West Plains Daily Quill

Rae Jean McCall, Kansas City Metropolitan Bar Association

William Leonard Miller, Jr., Washington Missourian

Judge William Ray Price Jr., Supreme Court of Missouri

Judge Mary Russell, Supreme Court of Missouri

Mark S. Sableman, Thompson Coburn, LLP

Thomas E. Sims, retired judge

Stuart Steinmetz, KWOS, Zimmer Radio Group

Judge Laura Denvir Stith, Supreme Court of Missouri

Judge Jerry Venters, U.S. Courts

Richard Weil, Jr, St. Louis Post-Dispatch

Randy Wright, KZWV-FM, Wright Communications LLLP,

Dalton C. Wright, Lebanon Daily Record

Mark Zieman. Kansas City Star

This glossary would not have been possible without the guidance of the Press-Bar Commission and the editing of Jean Maneke, Judge Jerry Venters, Judge Thomas Sims and Dalton Wright. Essential work on this project was conducted by Justin Wolfgang while attending the University of Mo-Columbia School of Law and the Missouri School of Journalism.

abandonment (of a child) - The failure to support a minor child or other dependents.

abstract of record - A history, in abbreviated form, of a case as found in the court record. Includes the pleadings, motions, judgment and verdict of the lawsuit for review by an appellate court.

abstract of title - A chronological history, in abbreviated form, of the ownership of a parcel of land, along with its legal description.

abuse of process - A legal theory alleging improper use by the defendant of a court process, such as a subpoena or lawsuit.

accessory - A person who assists in the commission of a crime, either before or after the incident. Also, a person who aids in the concealment of a crime.

accomplice - A person who assists the principal offender in a crime and therefore is also punishable for the crime.

acquit - To free from an accusation; to clear; to pronounce not guilty.

act - An enacted (passed) piece of legislation; may also be referred to as a law or slip law.

action at law - A suit or legal proceeding in which one demands legal rights in a court of justice.

action in personam - A suit or legal proceeding against the person, based on a personal liability.

action in rem - A suit or legal proceeding directed against specific property as opposed to a person. For example, it may seek recovery of an automobile or to quiet the title to real estate.

actual malice - Publishing a statement with knowledge that it is false or with reckless disregard of whether it is true or false. In a libel case involving a public figure, the plaintiff must prove that the defendant acted with actual malice.

adjudication - Giving or pronouncing a judgment or decree by a court of law. Also the judgment given.

administrative agencies - An executive or regulatory organization established by statute, with powers specified by statute.

Administrative Hearing Commission - Reviews actions of many of Missouri’s agencies, boards and commissions when asked to review by an aggrieved person.

administrator (f. administratrix) - In probate law, a person appointed by the court to settle the estate of a person who has died. Now known as a “personal representative” in Missouri. Is referred to as an “executor” in some states (i.e. Kansas).

admissible - Evidence or other materials that are legally allowed to be presented at trial and become a part of the official record.

adult abuse proceedings - Under the provisions of Chapter 455, RSMO, adults or children who have been subjected to abuse by a present or former adult household member may seek relief by a protective order.

ad valorem - According to value. A tax imposed on the value of property.

advance sheet - Paperback volume of a case reporter that precedes publication of a bound volume that collects a larger number of case opinions. Advance sheets are intended to make cases available to lawyers and others at an early date.

adversary system - The system of trial practice in the United States and some other countries in which opposing, or adversary, parties have full opportunity to present and establish opposing contentions before the court.

adverse possession - The legal doctrine by which land can be acquired as a result of one’s exclusive and continuous use of and claim to land over a set period of time, usually 10 or more years.

Advisory Committee – A committee established by the Missouri Supreme Court to administer Rule 5, the Attorney’s Code of Professional Conduct. Serves as the administrative body for assigning cases to Disciplinary Hearing Panels. Also reviews decisions to close complaint files made by the Office of Chief Disciplinary Counsel or Regional Disciplinary Committees.

advocate, n. - A counselor in a judicial proceeding; one who pleads the cause of another, an attorney. Also advocator.

advocate, v. - To support, defend or plead in favor of another in a judicial proceeding.

affidavit - A written statement sworn or declared to be true before an authorized officer, such as a notary public.

affirm - To approve, agree or uphold.

affirmative defense – A defending party’s claim of facts or legal issues that, if true, might defeat the claims of the plaintiff. Examples include self-defense and insanity in criminal cases, and contributory negligence, release and expiration of the statute of limitations in civil cases. An affirmative defense must be established by a preponderance of the evidence, and the party asserting it has the burden of proof.

agent - One who is authorized to act for another. Similar to a servant for the purposes of the rule of respondeat superior, under which a principal may be held liable for the wrongful acts or omissions of his or her agents or servants.

aggravating circumstances - Factors that would enhance the penalty of a defendant in a criminal case. Missouri’s first-degree murder statute includes 17 aggravating factors for which the death penalty can be authorized.

aid and abet - To assist in the commission of a crime or to promote its completion.

Alford plea – A plea in which a criminal defendant does not admit guilt, but does admit that the prosecutor has enough evidence for a conviction.

allegation - The assertion, declaration, or statement of a party to an action, made in a pleading, setting out what the party expects to prove.

allege - 1. To affirm or declare positively but without proof. 2. To give as reason, excuse or support.

alleged - Suspected; temporarily presumed; supposed.

allocution - Court’s inquiry if there is any legal cause why sentence should not be imposed.

alternative dispute resolution - The procedure for settling a dispute without using litigation. Common methods include mediation, negotiation and arbitration.

amend - To change or modify in an attempt to improve, correct, or update.

American Bar Association Canon 35 - In 1937, the ABA passed a judicial canon, declaring that cameras not be allowed in courtrooms. See “Cameras in the courtroom” for the Missouri Supreme Court rule.

Americans with Disabilities Act - A federal statute that forbids discrimination against a person with a disability. “A physical or mental impairment that substantially limits one or more of the major life activities.” 42 USCA §§ 12101-12213.

amicus curiae (a-mi kus ku’ ri-e) - A friend of the court; one who, with the permission of the court, volunteers information and argument upon some issue of law related to a case before the court in order to present a viewpoint that may not adequately be presented by the parties before the court.

annotated code - Subject arrangement of a jurisdiction’s public, general laws currently in force, including for each section of each law, abstracts of cases interpreting the language of the sections, legislative history, cross references to other statutes, references to law review articles, and cross references to pertinent materials in other legal resources.

annotation - 1) Additional explanation or abstract of a statute. May include legislative history, relevant decisions and journal references. 2) Essay on a legal topic, generally footnoted with references to cases.

annulment – A judicial or ecclesiastical declaration that a marriage is void. It establishes that the marital status never existed.

answer - The pleading filed by a defending party responding to the allegations of a plaintiff’s petition.

Anti-trust laws - Federal and state laws protecting commerce from anticompetitive practices caused by market domination by individual companies.

appeal - A procedure in which a non-prevailing party to a legal proceeding seeks the reversal or modification by a higher court of a judgment or final order of a lower court or administrative agency.

appeals court - A court that reviews the decisions of lower trial courts.

appearance - The formal proceeding by which the defendant submits to the jurisdiction of the court.

appellant - The party appealing a decision or judgment to a higher court. Opposite of appellee.

appellee - The party in a court action against whom the appellant appeals a decision or judgment. Opposite of appellant.

appointed counsel - An attorney appointed by the court to represent an indigent defendant in a criminal case.

arbiter - One selected and bound by principles of law to decide on a controversy; referee. Also arbitrator.

arbitration - Determination of a controversy by a third party chosen by the two opposing parties, who agree to abide by the decision of the third party.

armed criminal action - Committing a felony by, with or through the use, assistance or aid of a dangerous instrument or deadly weapon.

arraign, v. - To bring one charged with a crime to court to answer the charge by entering a plea.

arraignment, n. - In criminal law, the initial appearance of the defendant before the circuit court. At that time, the charges against the defendant are read to him or her, and the defendant enters a plea.

arrest - Apprehension or detention of a person by a law enforcement officer.

arrest of judgment - The act of postponing the effect of a judgment already entered.

arrest warrant - A warrant, based on probable cause, directing a law enforcer to arrest someone.

arson - The crime of knowingly damaging a building by starting a fire. A crime against property.

articles of incorporation - A document that establishes a corporation’s basic structure and legal existence, including the number and classes of shares and the mission of the corporation.

assault - The threat or use of force that causes one to have a reasonable fear of imminent harmful contact.

associate circuit division - A division of the circuit court that hears all misdemeanors and infractions.

associate circuit judge - Presides over associate circuit court. Every county must have at least one associate circuit judge.

assumption of risk - In tort law, a defense to a personal injury suit. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused his or her injury. Seldom a valid defense in Missouri.

at issue - Whenever the parties to a suit come to a point in the pleadings where the disputed issues are defined, they are said to be “at issue” and ready for trial.

at-will employment - Employment that is usually without a contract and may be terminated at any time with or without cause. Missouri is an at-will employment state.

attachment - A procedure by which a plaintiff may seize or secure the property of a defendant prior to trial, if certain conditions are met, for the purpose of paying any judgment that the plaintiff might obtain against the defendant.

attorney’s fees - The charges to a client for the attorney’s services.

attorney-client privilege - The client’s right to prevent the client’s attorney from disclosing any confidential communications he or she had with the attorney.

Attorney General - Chief legal officer for the state.

attorney of record - An attorney whose name appears in the permanent records or files of a case, as representing a party.

aver - To allege; to assert formally.

bad faith - Dishonesty or malicious motive on the part of a party or attorney in a lawsuit.

bail bond - An obligation signed by an accused, with or without sureties, to secure the accused’s later appearance in court.

bailiff - A court officer (usually a deputy sheriff) whose duties are to keep order in the courtroom and to have custody of the jury.

banc - Bench; the place where a court permanently or regularly sits.

bankruptcy – A federal court proceeding through which a debtor obtains financial relief or attempts to reorganize his or her financial affairs, either by discharging (ending) debt or working out a court approved payment plan for creditors.

bankruptcy courts - U.S. Courts that have exclusive jurisdiction to handle bankruptcy matters.

bar association – An association of lawyers. Missouri has more than 80 local and specialty bar associations, which are voluntary. It also has one statewide bar, The Missouri Bar, to which all licensed attorneys must belong.

battery - The use of force or violence to inflict an injury on another. The attempt to use force is called assault, thus “assault and battery.”

bench trial - A trial that takes place in front a judge without a jury.

bench warrant - A process issued by the court, or “from the bench,” for the arrest of a person.

beneficiary - A person whose property is held in trust by another through an agent, guardian, trust, etc.

bequest - A gift of personal property made in a will. A bequest may be of a specific item or may consist of all of the testator’s personal property.

best evidence - Primary evidence, as distinguished from secondary; the best and highest evidence of the fact to be proved under the circumstances of the case.

best evidence rule - A rule of evidence requiring that, whenever a written or printed document is being offered for the truth of its contents, the original document be put in evidence, or its absence explained so that a copy can be used.

beyond a reasonable doubt - The standard used by a jury to find a criminal defendant guilty.

bifurcate - A trial that is split into two parts in order to determine separate legal questions. Commonly used in capital punishment cases for the determination of guilt and punishment.

bill - Proposed piece of legislation.

bill of attainder - A special legislative act pronouncing a specified person guilty of an alleged crime without trial, and sentencing that person to death or attainder.

binding instruction - Instruction to the jury that if it finds certain conditions to be true, it must find for the plaintiff, or the defendant, as the case may be.

bind over - To hold for trial or for further inquiry. Bind over usually refers to the action in which an accused is held for trial following a preliminary hearing in a criminal case.

blackmail - The act of obtaining money by threats of injury to a person or his or her reputation or social standing.

Board of Law Examiners – A board appointed by the Supreme Court that administers admissions tests to lawyer-applicants and recommends their licensure (or not) to the Court.

Board of Registration for the Healing Arts – A board appointed by the governor that licenses and disciplines medical doctors.

bond - An obligation or a promise to guarantee that the accused will appear in court on an assigned date.

bound over – A criminal defendant is said to be “bound over” if, after a preliminary hearing, a court finds that there is probable cause that the defendant committed the charged crime and should be held for trial in a superior court, such as the circuit court. The defendant may be held in jail pending the trial or may be released on bond.

Branzburg v. Hayes - First Supreme Court case to consider whether the First Amendment supports a reporter’s privilege to refuse to reveal confidential sources.

breach of contract - Violation of a contractual duty or obligation.

breach of the peace - A disturbance of the public peace; a violation of either an ordinance or a statute enacted for the keeping of the public peace.

brief - Document filed in court, setting forth facts, law and arguments in support of a party’s position in a case.

burden of production - A party’s obligation to submit enough evidence on a specific issue that the issue should be decided by a jury or judge. The alternative would be for a judge to dismiss the case, grant summary judgment or a directed verdict.

burden of proof - A rule of evidence that requires a party to prove a fact or facts in dispute. It is to be distinguished from the obligation sometimes imposed on a party of “going forward with the evidence,” which requires only that the party take the initiative of producing evidence on that issue.

burglary - Knowingly entering a building unlawfully for the purpose of committing a serious crime.

calendar - The schedule of proceedings before a court at a particular time or session. Also called the “docket.”

calling the docket - The public calling of cases on a docket for setting a time for trial, hearing arguments, ruling on motions or entering orders.

cameras in the courtroom (Missouri Supreme Court Operating Rule 16) - The rule that governs the use of television and still photography in the courtroom. Cameras are allowed with the express pretrial permission of the presiding judge in the case.

capital crime - An offense which may be punishable by death; also capital murder case.

capital punishment - A sentence of death.

caption - The heading or introductory clause that shows the names of the parties, the name of the court, the number of the case, etc.

case - An action or suit contested or pending in court.

case file - A collection of all the documents filed in a case.

case law - Law whose principles are derived from court decisions.

case summary - A summation of a case to be heard before a court. Also a brief outline of the legal history of a court case.

CaseNet - The Missouri State Court’s Automated Case Management system. Users can inquire about docket entries, parties, judgments and charges in state courts at www.courts.mo.gov/casenet/

cause - A civil or criminal action, suit or litigation. Often used interchangeably with “case.”

certify to supreme court - In Missouri, a Court of Appeals judge who dissents from a majority opinion may send the case to the Missouri Supreme Court if he/she believes the decision departs from any previous decision.

certiorari (ser-shi-o-ra’ ri) - An original writ commanding judges or officers of inferior courts to certify or to return records of proceedings in a cause for judicial review.

Cervantes v. Time, Inc. - A St. Louis case, heard before the U.S. Court of Appeals, in which the court said that courts must inquire into the substance of a libel accusation before ordering disclosure of sources.

challenge - To call into question; to object or make exception to.

challenge for cause - A challenge or objection to a prospective juror for which some pertinent cause is given, such as an acquaintance or business relationship with a party in the case.

challenge to the array - Questioning the qualifications of an entire jury panel, usually on the grounds of partiality or some fault in the process of summoning the panel.

chambers - The private office or room of a judge.

Chandler v. Florida - Supreme Court case in which a claim was made that TV broadcast of a trial violated the defendant’s Sixth Amendment right to a fair trial.

change of judge - The removal of a judge from a lawsuit, with another judge named to hear the case; see Missouri Supreme Court Rule 32 for change of judge in criminal cases, Missouri Supreme Court Rule 51 for change of judge in civil cases.

change of venue - The removal of a suit for trial from one judicial circuit or county to another judicial circuit or county. See Missouri Supreme Court Rule 32 for change of venue in criminal cases; Missouri Supreme Court Rule 51 for change of venue in civil cases.

charters, municipal and county - Legal documents establishing a municipality or county, like a local constitution, and prescribing their powers and duties.

chattel - An item of tangible personal property, such as a car, television set or coat.

chief justice (Supreme Court of Missouri) - The judge elected by other judges on the Supreme Court to be chief justice of that court, to act as a spokesman for the court and perform certain administrative duties. The chief justice serves a two-year term in that position.

chief justice (Supreme Court of the United States) - The justice appointed by the president to be chief justice of that court to act as the presiding officer and as spokesman for the court and perform certain administrative duties. The chief justice serves for life.

child support – The legal obligation for parents to provide financial support for the well-being of their children until they reach the age of majority.

circuit attorney - The prosecuting attorney for the City of St. Louis.

circuit clerk - The office for each Circuit Court in Missouri that files and processes all the cases and keeps court records.

circuit court - Trial court that has original jurisdiction of all cases.

circumstantial evidence - Evidence of an indirect nature.

citation - Written legal reference identifying a particular document, such as a court opinion or law review article. Also an official notice to appear in court or to pay a fine; for example, a traffic ticket.

citator - A publication that compiles cases, statutes and other sources of law, showing citations to later sources of law that may affect the authority, validity or meaning of a previous case or statute.

cite - Written legal reference identifying a particular document or case, such as a court opinion or law review article. Short for “citation.”

civil action - A lawsuit based on a private wrong, as distinguished from a crime, or to enforce rights through remedies of a private or non-penal nature. All legal proceedings that are not criminal actions are civil actions.

civil rights – Rights afforded to individuals as citizens of the United States. Most of these rights are guaranteed in the 13^th and 14^th Amendments to the U.S. Constitution.

claimant - Anyone who asserts a right, demand or claim. Claimant may be plaintiff in a suit or assert a claim in an estate.

class action - A lawsuit filed by a group of plaintiffs on behalf of themselves and others similarly situated.

clear and convincing evidence – A very high standard of evidence that indicates that something is highly probable or more likely than not to be true.

clemency – The reduction in the severity of a sentence.

code - Compilation by subject of a jurisdiction’s public, general laws or administrative rules currently in force.

Code of Federal Regulations - An annual collection of government agency rules and regulations that are published in the Federal Register.

Code of Judicial Conduct - Rules judges must follow that govern their behavior. Violations are reported to the Commission on Retirement, Removal and Discipline of Judges.

Code of Professional Responsibility (for attorneys) - Enforceable rules of the Supreme Court of Missouri that attorneys must follow. Violations are reported to the Office of Chief Disciplinary Counsel for investigation and possible discipline.

Code of State Regulations (CSR) - Compilation of state agencies’ regulations, published by the Secretary of State.

codicil - A supplement or an addition to a will.

codify - To collect and systematically arrange laws, rules or regulations.

collusion - An agreement with one or more individuals to commit an illegal act or to agree to defraud another.

Commission on Human Rights - Missouri commission of appointed members that deals with discrimination in housing, employment and public accommodation.

Commission on Retirement, Removal and Discipline of Judges – A constitutionally established board of appointed members who investigate all complaints against judges and handle requests for retirements and disability. (Mo. Constitution, Article V, Section 24.)

commit - To send a person to prison, jail or an asylum by legal authority as punishment or to allow time for a defendant to gain the mental capacity to stand trial.

common law - Law that derives its authority from usages and customs of immemorial antiquity, or from the judgments and decrees of courts. Also called “case law.”

“common law” marriage - A “marriage” of man and woman who live together without the formalities or legalities of marriage; no longer recognized in Missouri.

commutation - The change of a punishment from a greater degree to a lesser degree, such as from death to life imprisonment. Also, the process of releasing (by action of the governor) a prisoner from prison early by reduction of his sentence.

comparative negligence - The doctrine by which acts of opposing parties are compared in the degrees of negligence, frequently on a percentage basis.

compensatory damages – Monetary damages that are designed to compensate an injured person for a particular loss.

competency - In the law of evidence, the presence of those characteristics that render a witness legally fit and qualified to give testimony. In probate law, the ability of a person to manage and care for himself and his own affairs.

complainant - A person who files a lawsuit seeking relief. Also known as a plaintiff.

complaint - The first pleading on the part of a plaintiff in a civil action, setting out the plaintiff’s claims. In criminal law, the initial charge filed by the prosecuting attorney or a complainant against an accused in a felony case.

compulsory process - Process to compel the attendance in court of one wanted as a witness, including a subpoena or arrest warrant.

concealed weapon - A weapon that is not visible when carried by a person. In Missouri, one must be over 23 years old and have passed a valid training program to be licensed to carry a concealed weapon.

conclusions of law - A statement of the rules of law applicable to the facts of a particular case. In some cases, judges are required to make “findings of fact and conclusions of law.”

conclusive evidence - Evidence which is convincing to the degree that it cannot be contradicted; evidence that establishes belief of a point beyond a reasonable doubt.

concur - To agree or act together.

concurrent sentence - Sentences for more than one crime in which the time of each is to be served together, rather than successively, or one after another.

condemn - To pronounce guilty. Also to appropriate property for public use by power of eminent domain. Also to declare a building unfit for use.

condemnation - The legal process by which real estate of a private owner is taken for public use without his or her consent, but with payment of just compensation.

consecutive sentence - A separate sentence that a defendant is required to serve after completing some other sentence that already has been imposed.

consent - Agreement or permission to perform some act. Must be given voluntarily by a competent person.

consent decree - Agreement by defendant to cease activities asserted by government to be illegal. Also a decree in an equity case entered by consent of both parties.

consent judgment – A final, binding agreement in which both parties agree to the outcome.

consideration – Anything considered of value that is bargained for as part of a contract in order to motivate one of the parties to perform.

conspiracy - Any agreement between two or more individuals to commit an illegal act. It must be accompanied by an intent to achieve the goal of the agreement and any action that furthers the agreement.

constitutional - Authorized by, consistent with, or not in conflict with any provision of a constitution.

constructive eviction - When a tenant moves out because the landlord has made the premises unfit for living.

contempt of court - Any act calculated to embarrass, hinder or obstruct a court in the administration of justice, or calculated to lessen its authority or dignity. Contempts are of two kinds: direct or indirect. Direct contempts are those committed in the immediate presence of the court; indirect is the term chiefly used with reference to the failure or refusal to obey a lawful order.

continuance - A postponement granted by the court in a legal proceeding.

contract - An oral or written agreement between two or more parties which is enforceable by law.

contributory negligence - An act or omission by a plaintiff which, when combined with the defendant’s negligence, is a contributing factor in causing an accident or a plaintiff’s injury.

controlled substance - Any kind of drug that possession or use of is regulated by the government.

conversion - A legal theory and action based on the improper use by a defendant, for his or her own benefit, of personal property belonging to the plaintiff.

convict - To condemn or find one guilty of a criminal charge; to pronounce an accused person guilty as charged.

conviction - A judgment of guilty upon a plea of guilty or at the end of a trial finding defendant guilty.

copyright - The right to restrict use or copying of a work of art including literature, music, drama, pictures, graphics, films and other works.

corporation - A business authorized by the state to do business with limited liability and that has the authority to act distinct from the company’s stockholders.

corpus delicti - The body (material substance) upon which a crime has been committed, e.g., the corpse of a murdered person.

corroborating evidence - Additional evidence to that already given and tending to strengthen or confirm it.

costs - The expenses of a court proceeding, normally including filing fees, sheriff’s fees, deposition costs, etc. The costs normally must be paid by the losing party in a lawsuit.

count - When a plaintiff claims more than one ground for recovery, each ground is stated separately. Each separate part is known as a count in the petition or complaint. In criminal law, when more than one charge is made against the defendant in the same information or indictment, each charge is stated as a separate count.

counterclaim - A claim presented by a defendant in opposition to the claim of a plaintiff. It may or may not be related to the factual situation raised in the plaintiff’s petition.

Court Appointed Special Advocate (CASA) – A program in which volunteers represent abused and neglected children in court as advisers.

Court of Appeals in Missouri - One intermediate appeals court divided in three separate geographic districts with jurisdiction over all appeals except those over which the Supreme Court of Missouri has exclusive appellate jurisdiction.

court of appellate jurisdiction - A court with the power to review the proceedings and judgments of courts with lesser jurisdiction.

court of last resort - A supreme court in a jurisdiction. The highest judicial body.

court of original jurisdiction - A court that has jurisdiction in the first instance; a trial court in which a case is considered for the first time.

court of record - A court whose acts and judicial proceedings are permanently recorded and published and that has the power to fine or imprison for contempt.

court reporter - 1) Publication containing published court decisions; 2) Individual who records court proceedings and transcribes oral testimony by lawyers in depositions of witnesses giving oral answers to oral questions.

criminal insanity - The lack of mental capacity to do or abstain from doing a particular act. The inability to distinguish right from wrong. See also Chapter 552, RSMo.

cross-claim - A claim filed by one defendant against another defendant in the same lawsuit, seeking some affirmative relief, and related to the same factual situation raised in the plaintiff’s petition. See also Chapter 552, RSMo.

cross-examination - The questioning of a witness in a trial, or in the taking of a deposition, by a party opposed to the party that presented the witness.

cumulative sentence - Any sentence that is to take effect after the expiration of a prior sentence.

custody - The care, guarding and keeping of a thing; confinement.

custodian - Any person or entity recognized by law having control or custody over a person or thing. Ex: child, property, papers or other valuables.

damages - Pecuniary (money) compensation that may be recovered in the courts by any party that has suffered loss, detriment, or injury to person, property or rights, through the unlawful act or negligence of another.

damnum absque injuria (dam’num abs’kwe in-joo’ri-a) - Literally, “a wrong without injury.” The doctrine that a person has no cause of action, and that the courts will not hear a case in which the wrongful act or omission of the potential defendant did not cause any harm to person, property or rights.

dangerous offender - One who: (1) is being sentenced for a felony during the commission of which he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person; and (2) has been previously convicted of a class A or B felony or of a dangerous felony. See section 558.016.4, RSMo.

de minimum no curat lex - Literally, “the law does not cure trifles.” The doctrine that a minimal or trifling injury does not justify the time and trouble of a lawsuit. The courts may properly refuse to hear such a case.

de novo - New, fresh. A “trial de novo” is the retrial of a case, usually at the next highest court level.

decedent - A deceased person.

decision - Used as a synonym for opinion. Technically, the decision of a court is its judgment while the opinion is the reason given for that judgment, or the expression of the views of the judge.

declaratory judgment - A judgment which declares the rights of the parties or expresses the opinion of the court on the question of law, without ordering anything to be done.

decree - A decision or order of the court in a non-jury case. A final decree is one that fully and finally disposes of the litigation; an interlocutory decree is a provisional or preliminary decree that is not final.

deed - A written record by which land possession is transferred and recorded.

defalcation - Embezzlement. The fraudulent or wrongful taking of money or property by someone who was entrusted with the items.

defamation - The offense of injuring a person’s reputation. Includes libel and slander.

default - A “default” in a lawsuit occurs when a defendant fails to plead within the time allowed or fails to appear at trial.

default judgment - Judgment entered by court against party in default.

defendant - Party against whom action is brought in court.

delegated legislation – Law made by executive authority through administrative rules and regulations.

demurrer - Obsolete in Missouri. See “motion for directed verdict,” which has been substituted in this glossary.

dependent - Any person who relies upon another for support in order to sustain livelihood.

deposition - The sworn oral testimony of a witness taken outside of court and transcribed by a reporter. Depositions are an evidentiary tool for lawyers, but can be used at trial to impeach a witness’s testimony or can be read to the jury if the witness is unavailable.

deputy clerk - Most circuit clerks have one or two assistants, titled deputy clerks.

desertion - The deliberate abandonment of a person’s duties and obligations. Ex: Abandoning military service or leaving a spouse and family.

deviate sexual assault - The commission of deviate sexual intercourse with another person knowing that the other person does not consent. RSMo 566.070.

devise - A gift of real property made in a will.

digest - Volume or volumes that provide a topical access index to books that list a collection of cases.

direct evidence - Proof of facts by witnesses who saw acts done or heard words spoken; distinguished from circumstantial evidence, which is called indirect.

direct examination - The first interrogation of a witness by the party on whose behalf he or she is called.

directed verdict - A verdict declared by the judge, taking a decision from the jury, because the party with the burden of proof has not produced sufficient evidence to prove its case, e.g., the state failing to prove a criminal case will suffer a directed verdict of acquittal in favor of the defendant. Also, an instruction by the judge to the jury to return a specific verdict.

disbarment - Removal of an attorney’s name from the roll of those entitled to practice law.

discharge - The extinguishment of a legal duty or obligation.

disclaim - The renunciation of a legal right or claim.

discovery - The term applied to various procedures that enable the parties to a lawsuit to learn the factual details of the opposing side’s case. Includes written interrogatories, depositions, production of documents, requests for admission, etc.

dismissal with prejudice - The dismissal of a lawsuit or claim that prohibits the party from bringing another action on the same claim or cause. Usually, the court must approve a dismissal with prejudice.

dismissal without prejudice - The voluntary dismissal of a lawsuit or claim by a party, preserving the right to bring the claim at a later time if desired. A case normally can be dismissed once without prejudice at any time before trial, and without court approval.

disclosure - The process of revealing facts that were previously unknown. Also, the mandatory revelation of facts in litigation.

dissent - A term commonly used to denote the disagreement of one or more judges of a court with the decision of the majority. It may or may not be accompanied by a written opinion.

dissolution of marriage – Divorce.

district courts - In the federal judicial system, the trial court that has general jurisdiction to try cases. Also, in Kansas the lowest level state courts are called district courts, as opposed to the term “circuit court” used in Missouri.

diversity jurisdiction - A federal court’s authority over a case involving parties that are citizens of different states and the amount in dispute is more than $75,000 (sometimes also referred to as diversity of citizenship).

division clerk - Clerks serving judges in division.

docket - Court calendar for scheduling legal proceedings.

docket sheet – A document kept by the court that records all the legal procedural steps occurring in a given case. In some circuits, including the 22^nd judicial circuit (St. Louis City), it is referred to as a “minute sheet.”

domestic relations - General legal term for issues affecting families, such as dissolution and child custody.

domicile - The physical place that a person intends as home for legal purposes.

double jeopardy – Common law and constitutional prohibition against more than one prosecution for the same crime, transaction or omission.

driving while intoxicated - Operating a motor vehicle while in an intoxicated or drugged condition. RSM0 577.010.

drug courts - A court that hears cases of adults or juveniles charged with possession of a controlled substance or with the commission of a drug-related charge and is concerned with rehabilitation of the offender.

due process - Law in its regular course of administration through the courts of justice. The guarantee of due process requires that every person have the protection of fair legal procedures and trials.

easement - The right of a person to use the land of another for a special purpose, such as for a roadway, utility line, drainage ditch, etc. An easement is normally acquired by purchase or grant, similar to other ownership interests in land. It can be acquired by eminent domain.

Eighth Circuit Court of Appeals - Located in St. Louis, this court hears appeals from the federal U.S. district or trial courts of Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.

emancipation - In family law, the time when a child becomes legally free from parental control, occurring automatically upon reaching the age of majority (18 for most purposes). It may occur earlier when the child is married, when he or she is abandoned by parents, or when he or she becomes self-supporting.

embezzlement - The fraudulent taking by a person, for his or her own benefit, of property or money entrusted to him or her by another. See Chapter 570 RSMo.

eminent domain - The power of the state, or of those to whom the power has been lawfully delegated, to take private property for “public use.” See “condemnation” in this glossary.

en banc - On the bench; all judges of a multi-judge circuit or district court sitting together.

encroachment - Any infringement of another’s rights or use by interference or intrusion on another’s property.

enjoin - To acquire a court injunction to legally prohibit or restrain another from acting in a certain way.

entrapment – The act of officers or agents of a government in inducing a person to commit a crime not contemplated by him or her, for the purpose of instituting a criminal prosecution against that person.

equal protection – A “constitutional” guarantee that the government must treat all classes of people the same.

equitable action – A party in a case that seeks an order of the court determining the rights of the parties or ordering a party to perform or not perform certain actions.

equity - A legal remedy based on a system of fairness, natural right or justice, as distinguished from remedies based on the common law or statutes.

escheat - In American law, the right of the state to receive property that cannot be distributed to any person legally qualified to inherit or receive it, after the passage of several years.

escrow - A written agreement between two parties that a third person will hold a deed, money or the like, to be delivered to one of the parties to a transaction when certain conditions or contingencies are met.

estate - A collective term meaning all property owned by a person, including real and personal property ,and other legal rights.

Estes v. Texas - U.S. Supreme Court decision in which a conviction was overturned because publicity had undermined the defendant’s due process rights.

estoppel – A legal principle providing that a party is prevented by its own actions from claiming a right that is detrimental to another party who was entitled to rely, and did rely, on the first party’s conduct or actions.

et al - An abbreviation of et alii, meaning “and others.”

et seq - An abbreviation for et sequentes, or et sequentia, meaning “and the following.”

et ux - An abbreviation for et uxor; literally, “and wife.”

eviction - 1. The act of expelling by legal process. 2. The recovery of property by judicial process.

evidence - Anything tending to prove fact, or disprove alleged fact. Some of the more valuable classes of evidence are: (1) testimony; (2) tangible evidence, or things that have a physical existence, (3) documentary evidence, which includes letters and other writings; and (4) demonstrative evidence, in which a procedure or event is shown or acted out. See also, circumstantial evidence, direct evidence, rules of evidence, parole evidence and parole evidence rule in this glossary.

examination - The formal interrogation of a witness; inquiry, investigation, questioning of a person.

exclusion of witnesses - The removal of witnesses from the courtroom while others are testifying in order to prevent the witnesses from hearing another’s testimony and being influenced by it. In Missouri, lawyers refer to this in court as “invoking the rule.”

ex contractu - In both civil and common law, rights and causes of action are divided into two classes: ex contractu (from a contract) and ex delicto (from a wrong or tort.)

ex delicto - Rights and causes of action arising from a wrong or “tort.”

ex parte - By or for one party; done on the application of one party only, usually without notice to the other party.

ex post facto - Literally, “after the fact.” An act or fact occurring after some previous act or fact, and relating thereto.

exclusionary rule - A rule prohibiting the use in criminal prosecutions of illegally obtained evidence. An example is the suppression of evidence obtained by police in an illegal search.

exculpatory evidence - Evidence that helps to establish that a criminal defendant is not guilty of a crime.

execute - To carry out the terms of a will, contract, or judicial order. Also, to sign a document.

execution - A judicial writ directing the enforcement of a decision of the court.

executive orders – Orders issued by a chief executive to implement statutes or further define executive authority as authorized by the legislative branch.

executor (f. executrix) - A person named by a testator to carry out the provisions of a will. Now called a “personal representative” in Missouri.

exhibit - A paper, document or other article produced, admitted into evidence and exhibited to a court or jury in a trial or hearing.

exigent – Requiring immediate action. The “exigent circumstances” doctrine permits an officer to make a warrantless entry or search because of special emergency circumstances.

expectation damages - Compensation given to a losing party. Equals the amount the party reasonably anticipated from a transaction that was never completed.

expert evidence - Testimony given in relation to some scientific, technical or professional matter by persons qualified to speak authoritatively by reason of their special training, skill or experience on matters that are not common knowledge.

expert witness - One who because of special training, experience, knowledge or study in a particular field is considered a specialist and is asked to state, in a hearing or trial, his or her opinion on certain technical matters.

extenuating circumstances - Circumstances that render a crime less aggravated, heinous, or reprehensible than it would otherwise be; circumstances that tend to lessen guilt and sometimes influence a reduced punishment.

extradition - The removal, return or surrender by one state to another of an individual accused or convicted of an offense within the territorial jurisdiction of the receiving state.

extortion - When a public official obtains property illegally using his or her position in government. Also, when an individual attempts to obtain money from another by threats or other illegal means.

extraordinary remedies – An unusual remedy that it is necessary to protect a right that cannot be protected by any other means, such as a writ of habeas corpus.

fair use - The reasonable and limited use of copyrighted material allowed under law without the express permission of the creator.

false arrest – An arrest made without proper legal authority.

false imprisonment – Restraint or imprisonment of a person without justification or consent.

false pretenses - Deliberate misrepresentation of existing fact or condition whereby a person obtains another’s money or goods.

family law - The area of legal study that deals with divorce, child custody and support, marriage, child abuse and neglect, adoption and other similar areas.

federal courts –The system of courts established under the U.S. Constitution and laws passed by Congress and which hear cases through either federal question jurisdiction or diversity jurisdiction. These courts include the U.S. Supreme Court, courts of appeals, district courts and also specialty courts for bankruptcy, tax and other common areas of law.

federal magistrate – Limited jurisdiction judges appointed by federal district judges, whose decisions are subject to review by district trial judges, except for some designated civil cases.

federal “question” jurisdiction - A case that arises out of a dispute dealing with the U.S. Constitution, an act of Congress or a treaty is said to involve “federal question jurisdiction.”

fee simple - Absolute ownership of real property, to the exclusion of all others.

felony - A crime of a graver nature than a misdemeanor. Generally, an offense punishable by imprisonment in penitentiary in excess of one year or death. Classes of felonies and authorized terms are: for a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment; for a class B felony, a term of years not less than five years and not to exceed fifteen years; for a class C felony, a term of years not to exceed seven years; for a class D felony, a term of years not to exceed five years.

felony-murder rule - A “doctrine” that a death resulting from the commission or attempted commission of a felony can be punishable as first-degree murder despite the actor’s lack of intent to commit murder.

fiduciary (fi’-du shi-a-ri) - A term derived from Roman law meaning a person who stands in a special financial relation of trust, confidence, or responsibility in his or her obligations to others (e.g. a company director, a trustee of a trust or the personal representative of an estate.)

Fifth Amendment - The Constitutional Amendment that protects against self-incrimination, prevents double-jeopardy, establishes the right to due process and establishes the takings clause that requires the government to give just compensation for any private property it seizes.

finding - Commonly applies to the result reached by a judge or jury. See “decree,” “judgment,” “verdict” in this glossary.

findings of fact - A recital of the facts that form the factual basis of the court’s decision in court-tried cases.

FindLaw - An online resource of legal information, attorney profiles and articles about current legal issues. www.findlaw.com

First Amendment – The Constitutional Amendment that provides: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

first-degree murder - Any murder that is committed willfully, with premeditation or deliberation.

forbearance - Refraining from acting by not enforcing an obligation, right or a debt.

forcible entry and detainer - A summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession.

foreclosure - A legal proceeding taken to enforce payment of a debt through the sale of property on which the creditor holds a lien.

forensics – The application of scientific methods and techniques in solving a crime.

forfeiture - The giving up of property without compensation.

forgery - Falsely making or materially altering what would otherwise be an apparently genuine document, with an intent to defraud others who rely on the genuineness of the document.

formal charging - In Missouri, persons are formally charged with crime through an “information” or “indictment.”

forum - A court or a certain area of land or subject matter over which a court has jurisdiction.

Fourth Amendment – The Constitutional Amendment that protects citizens from unreasonable search and seizure.

fraud - An intentional perversion of truth; deceitful practice or device used with intent to deprive another of property.

freedom of the press and fair trial – Phrase used to describe the tension between the right of journalists to publish information about a public trial without impairing the rights thereto, with the obligation of the judicial system to provide a fair trial with an impartial jury. The First Amendment right vs. the Fourth Amendment right.

fugitive from justice – someone who tries to avoid punishment for a crime by fleeing from one jurisdiction to another.

“gag order” - Order prohibiting lawyers or parties in a case from talking to the media or the public about the case.

Gannett v. DePasquale - U.S. Supreme Court ruling that recognizes that criminal trials must be open to journalists and the public unless there is an overriding interest in not having an open trial.

Garland v. Torre - A case in which the Second Circuit United States Court of Appeals held a reporter must testify when the information sought goes to the heart of the plaintiff’s claim.

garnishee - The person upon whom a garnishment is served, usually an employer or bank that owes money to a person against whom a money judgment has been entered.

garnishment - A writ sought by a creditor to obtain payment of a judgment by seizing a debtor’s money, wages or other property in the hands of a third person (e.g., an employer or bank).

General Assembly - The Missouri legislature, consisting of the House of Representatives and the Senate.

general assignment - The voluntary transfer, by a debtor, of all property to a trustee for the benefit of all creditors.

general jurisdiction - Term used to indicate that a court has jurisdiction to hear all controversies that may be brought within the legal bounds of rights and remedies. Is contrasted with special or limited jurisdiction.

Grand jury – In Missouri, a body of 12 citizens, convened at the direction of the presiding circuit judge, who may sit for up to six months for the purpose of investigating violations of the criminal laws and issuing indictments. At least nine jurors must vote to issue an indictment. May also investigate and report on the conditions of public buildings. All proceedings of a Grand jury are closed and secret until an indictment or presentment is issued. See Chapter 540, RSMo.

grandfather clause - An exemption written into a law that excuses all previous violations of the law about to go into effect.

gross negligence - A conscious disregard of a risk or the disregarding of a legal duty or obligation.

group legal services - Prepaid legal services plan, by which certain lawyers provide legal services to members of an organization under contract with the organization.

guarantor - One who gives security for or guarantees payment of a debt.

guardian ad litem – An attorney or non-lawyer officer of the court appointed by a court to look after the interests of a minor or incompetent adult involved in litigation.

habeas corpus, writ of - Literally, “you have the body.” The name given a variety of writs whose object is to bring a person before a court or judge. In most common usage, it is directed to the official or person detaining another, such as a prison warden or a sheriff, commanding the official to produce the person detained so that the court may determine if such person has been illegally or unlawfully imprisoned.

hammer instruction - An instruction that informs petit jurors that it is desirable that there be a verdict in every case and that they should endeavor to arrive at a verdict. It is cautioned, however, that no juror should agree to a verdict that violates the court’s instructions that require finding a fact which, under the evidence, is untrue. Usually given when a jury advises the court that it is unable to reach a verdict.

harassment - Any words or actions that cause substantial emotional distress to a person and serve no legitimate purpose.

hardship driving privileges - A limited driver’s license given in certain circumstances to one who has had his or her license revoked due to driving while intoxicated. Common circumstances that allow one to receive hardship driving privileges are the need for a vehicle to work, attend school or for medical appointments.

harmless error - An error committed by a trial court during a trial that is not prejudicial to the rights of the party and for which the appellate court will not reverse the judgment.

hate crime – A crime that is motivated by the victim’s race, color, ethnicity, religion or national origin.

hearing - A public judicial session held for the purposes of deciding an issue of fact or law.

hearsay evidence - Testimony in which a witness gives information related by another person or source without a factual basis. There are many exceptions that allow the use of hearsay evidence, however.

headnote - Summary of a point of law in a court decision as set out as a preface to the written decision.

heir - A person who is entitled by law to receive a decedent’s property.

Herbert v. Lando - A 1979 U.S. Supreme Court case that established that in a libel suit there is no absolute protection for the editorial process of the media defendant because of the burden on the plaintiff to prove “actual malice,” that the material sought from a reporter or editor must be relevant to the case, and trial courts should restrict discovery where justice requires protection from annoyance, embarrassment, oppression or undue burden or expense.

homicide - The killing of one human being by another. Includes first and second degree murder and manslaughter.

hostile witness - A witness who is biased against the examining party and is unlikely to testify willingly or truthfully for the examining party.

hung jury - A jury that cannot agree on a final verdict.

hypothetical question - A form of question used to obtain the opinion of an expert witness at trial. The question is based on an assumption that certain facts already in evidence are true and can provide a basis for a relevant opinion by the expert witness.

immunity - Exemption from a duty or liability.

impanel - To appoint all members of a jury. When the voir dire is finished and both sides have exercised their challenges, the jury is complete or “impaneled.” The jurors take an oath to perform their duty, and the trial is ready to proceed.

impeach - The procedure followed by a legislative body in developing charges for removal of a public official for a crime or misfeasance; literally, “to accuse.” “To impeach” does not mean removal from office.

impeachment of witness - An attack on the credibility of a witness by the testimony of other witnesses or by the inconsistent testimony or statements of that witness made at an earlier time.

implied contract - A contract in which the promise made by the obligor is not expressed, but inferred by his or her conduct or implied in law.

imputed negligence - Negligence that is not directly attributable to a person. It is the negligence of another who has a legal relationship with him or her, and with whose fault he or she is chargeable, such as an employer who is liable for the negligence of an agent or employee.

inadmissible - Evidence that cannot be admitted or received under the established rules of evidence.

in camera - In judges’chambers; in private. Outside the hearing of the jury or others.

incapacity - A lack of an ability to attach certain legal obligations to one’s actions because of a lack of full physical or mental capabilities.

incompetency - The lack of an ability to perform some legal obligation. Ex: unable to stand trial or to testify.

incompetent evidence - Evidence that is not admissible under the established rules of evidence.

indemnification - Agreement in which a person agrees to hold harmless another person from anticipated possible loss.

indemnity - A duty of one individual to remedy the loss or damage incurred by another.

indeterminate sentence - An indefinite sentence of “not less than” and “not more than” so many years, the exact term to be served being afterward determined by parole authorities within the minimum and maximum limits set by the court or by statutes. Not used in Missouri.

indictment - An accusation in writing found and presented by a grand jury, charging the person named with a crime.

indispensable party – Any parties that have such strong interests in a dispute that they are required to be a party in the lawsuit, and whose absence would unfairly impact the rights and interests of the other parties.

inference - A deduction drawn from a statement or deduction that is supposed or admitted to be true; a reasoning process in which a proposition seems a logical conclusion from a set of facts admitted or known to be true.

inferior court - A lower court than the court hearing the case.

information - A formal criminal charge that is made without a grand jury indictment. As in an “information and belief” filed by a prosecutor.

informed consent – The process through which a medical patient is informed of all the potential risks and benefits of a procedure and consents to undergo the procedure.

infraction - The least serious “quasi-criminal” offense under Missouri law.

infringement - A breach or violation of a right, law or obligation.

initial appearance – An accused person’s first appearance in court, when he or she is brought before a judge and informed of charges against him or her.

initiative - A procedure by which voters, through the petition process, may propose a constitutional amendment, statute or ordinance to be submitted to popular vote.

injunction - A writ issued by a court directing a person to do a certain thing (mandatory injunction) or prohibiting certain actions (prohibitive injunction).

insanity - A mental disorder of such high severity that it prevents one from being held accountable for his or her actions.

insolvent - To have debts that are in excess of one’s assets.

instruction - A written statement given by the judge to the jury, informing its members of the law of the case. See Missouri Approved Instructions (MAI and MAI-CR).

intellectual property - The property rights to intangible creations of the intellect. Ex: copyright, trademark, patent, publicity and other rights.

inter alia - Among other things or matters.

inter alios - Among other persons, between others.

inter vivos - Literally, “from one living person to another.” When property passes by conveyance from one living person to another, the transaction is said to be inter vivos.

interlocutory - Provisional, temporary, not final. Refers to orders and decrees of a court.

interrogation - The questioning of witnesses and other persons to obtain information.

interrogatories - Written questions propounded and served by one party on an adverse party, to be answered in writing before a notary public under oath. Used to discover the facts in a lawsuit.

intervention - A proceeding in a suit or action by which a third person is permitted by the court to make himself or herself a party, because he or she has an interest in or will be legally impacted by the lawsuit.

intestate - One who dies without leaving a will.

involuntary manslaughter – When one’s recklessness causes the death of another. Also when a person causes the death of another while driving intoxicated.

irrelevant evidence - Evidence not relating or applicable to the matter in issue. Also, not supporting the issue.

irreparable harm - A harm that cannot be easily remedied with money and that cannot be adequately measured.

joinder - The joining of two or more persons in some legal proceeding.

joint and several liability - When the liability for a wrong can be distributed either among two or more culpable parties or just to one individual party. The decision is made by the adversary in the case as to whom to pursue to collect on the judgment.

Journalist’s privilege - Term referring to the privilege for a reporter to withhold the name of a source of information. Missouri has no such statutory privilege.

judge, presiding – In Missouri, the chief administrative judge for the circuit court. Elected by all the judges in the circuit for a two-year term.

judge, senior – A retired judge who continues to serve and handle cases on a part-time or occasional basis.

judge, special – A judge assigned by the Supreme Court to sit on another court for a specific time, docket or case.

judgment - The decision of a court determining the issues in a lawsuit.

judgment affirmed - Approval by a superior court of the decision of a lower court.

judgment by default - A judgment awarded automatically to the plaintiff in a suit if the defendant fails to file within a specified time an answer to the plaintiff’s complaint or petition or fails to appear when the case is set for trial.

Judgment Notwithstanding the Verdict (JNOV) - A judgment rendered by the judge for one party even though the jury has already issued a verdict for a different party.

judgment reversed - The disapproval and annulling by an appellate court of the judgment of a lower court. The judgment is made void by the higher court because of an error or irregularity in the decision process of the lower court.

judicial circuit – The organization of circuit and associate circuit courts in a designated geographic area. There are 45 judicial circuits in Missouri, established by statute.

judicial notice - Recognition by the court, without formal proof shown, of facts of common knowledge, or of the records of the court.

judiciary - The judicial branch of government; the court system and judges.

jurisdiction - 1. The authority to administer justice by hearing and deciding controversies. 2. The extent or range of judicial authority. 3. The territory over which judicial authority is exercised.

jurisprudence - The philosophy of law, or the science that deals with the principles of positive law and legal relations.

jury - A certain number of persons (traditionally 12) selected to determine the factual issues in a lawsuit. In federal civil suits there are at least 6 and no more than 12 jurors. In federal criminal cases there are always 12 jurors. Most state court juries are comprised of 12 persons.

jury array - The entire panel of jurors summoned to court before the final selection, from which petit juries are selected. Also called the “jury pool.”

jury instructions – Written directions orally given to the jury on how to apply the facts of the case to the appropriate law in the dispute.

Jury Reporting Services (Missouri) - A legal publication of jury verdicts in the state of Missouri.

jury nullification - When the jury makes a deliberate decision to ignore evidence or refuses to apply the law because they intend to send a message about policy and social issues.

jury supervisor - An officer who selects the names to be put into a jury wheel, or who draws the pool of jurors for a term of court.

jury trial – A trial in which the verdict is rendered by a jury made up of citizens. Jury trials are available in cases tried before circuit and associate circuit judges but not in cases tried before municipal judges in the municipal divisions.

jury venire - A panel of persons from which a jury pool is selected.

justice, chief - The Chief Justice is the chief administrative officer of the judicial system and supervises the administration of the courts. In Missouri, the Chief Justice is elected by the other judges on the Supreme Court for a term of two years. The Court follows the practice of rotating the office of Chief Justice.

juvenile proceedings – Specialized legal court proceedings in specialized courts to deal with unemancipated youths.

juveniles as adults - Juveniles between the ages of 12 and 17 years old who have committed an act that would be a felony if committed by an adult may be certified by a judge and tried under the adult criminal law.

key number - Number assigned to a headnote in the West National Reporter System.

laches - An unreasonable delay by a party trying to claim a right that causes harm or undue hardship to the other party, risking a denial of the delaying party’s right. May be raised as an affirmative defense by a defendant in a civil lawsuit.

larceny - The unlawful taking and carrying away of any item that belongs to another with the intent to permanently deprive that person of that item.

law review – Legal journal of legal research articles edited by law students and published by a law school.

leading question - A question, asked by a lawyer to a witness, which infers the answer desired. Leading questions are objectionable on direct examination but are permitted on cross-examination.

legal file - A file containing the pleadings, judgment, motions, verdict and other records of a lawsuit. The legal file must be assembled by the appellant and filed with the appellate court in a case on appeal.

legal separation – The court-approved separation of a husband and wife. The result is the same as in a dissolution – the parties are separated, property divided, maintenance (alimony) may be awarded, child custody ordered – except that the parties remain married. This process is infrequently used.

levy - A seizure; the obtaining of money by legal process through seizure and sale of property. May also refer to governmental action in imposing a tax.

LexisNexis - Online legal database supported by LexisNexis Group that contains the full text of primary and secondary legal resources. LexisNexis Group is the global legal publishing arm of Reed Elsevier, an Anglo-Dutch company.

liable - Responsible to another under the law for one’s actions. To be legally obligated.

libel - A false, defamatory, published statement that harms another’s reputation.

licensing of attorneys - Attorneys are licensed to practice law in Missouri by the Supreme Court based on recommendations of the Board of Law Examiners appointed by the Court and following written examination.

lien (leen) - Any of a variety of charges or encumbrances on property, imposed to secure the payment of a debt or the performance or non-performance of some act or to secure the payment of a tax. Liens can be imposed on real or personal property.

limitation - A certain time allowed by statute in which a claim must be brought. Generally called a “statute of limitation.”

limited liability - Liability that is restricted by law or contract. Often used in the context of the owners of a company, so that they are not personally liable for any damages caused by the company.

lineup - A police station procedure of placing the accused in a lineup with two or more persons of similar appearance to be viewed by a victim or other witnesses for independent identification.

lis pendens - A pending suit. Also, the name given to the notice filed in the recorder of deeds’ office, giving notice that a lawsuit has been filed that may affect title to the property described in the notice.

litigant - One who is engaged in a lawsuit.

litigation - A lawsuit; the act of contesting at law rights of another.

locus delicti - Literally “The place of the wrong” in Latin. The location where an offense was committed.

loose-leaf service - Commercially produced topical publication that provides current information through the use of loose pages that are issued frequently and interfiled in a binder. Outdated pages are discarded, according to the publisher’s instructions.

lottery - A plan for the distribution of prizes by chance.

MAI - Missouri Approved Jury Instructions. A compilation of “pattern” jury instructions that must be followed by courts and lawyers when submitting for decision a civil case to a jury in Missouri.

MAI-CR - Missouri Approved Jury Instructions – Criminal. A compilation of “pattern” instructions for use in criminal cases in Missouri.

magistrate - A federal limited jurisdiction jurist with the authority to issue warrants of arrest for persons accused of public offenses. Also, may refer to a magistrate judge appointed by a federal district court. In Missouri, constitutional and statutory changes replaced magistrates with associate circuit judges.

malfeasance - Evil doing, ill conduct or the commission of some act which is positively prohibited by law.

malicious prosecution - Term applied to an action for damages by a person, against whom a criminal prosecution or a civil suit has been instituted maliciously and without probable cause, after termination of such action in favor of the person claiming damages.

malpractice - A lawsuit brought against a professional person, such as a doctor, lawyer or engineer, for injury or loss caused to the plaintiff by the defendant’s failure to meet the standards of practice for the profession.

Mandamus, writ of - A writ that issues from a court of superior jurisdiction, directed to an inferior court or an administrative agency or official, commanding the performance of a particular act.

mandate - A legal order directing the proper officer to enforce a judgment, sentence or decree.

manslaughter – The sudden unlawful killing of another person, but without malice beforehand. Contrasted with murder, which requires premeditation or a malicious intent.

martial law – A set of rules imposed when the military takes over a justice system. Not to be confused with the military justice system.

master - An officer of the court, usually an attorney or retired judge, appointed to take testimony and make a report to the court. Used frequently in disbarment cases but can be used in other cases. See Supreme Court Rule 68.

material breach - A breach of contract significant enough to allow the injured party to treat the breach as a breach of the entire contract.

material evidence - Evidence that is relevant to the substantial issues in dispute.

mechanic’s lien - A claim against property created by statute to secure priority of payment for work performed or materials furnished in building or repairing the property.

mediation - A method of alternative dispute resolution that is non-binding and involves a neutral third party who attempts to assist the parties in coming to an agreement.

memorandum opinion – A judicial statement of the ruling and the statutes, cases, etc., governing the decision.

memorandums - Briefs or memorandums (often prepared at the judge’s request) usually examining the law relied upon by a party to support its position under the facts of the particular case.

mens rea (menz re-a) - Literally, “guilty mind.” One of the two basic requirements, along with a guilty act, for a crime to be legally recognized following its commission.

mental health courts - Specialty courts established in Missouri to govern the treatment of mentally ill and disabled members of the criminal justice population.

military courts – A kind of court that is designed to try members of the armed forces for possible violations of the Uniform Code of Military Justice. Military courts are usually convened where military personnel are assigned, such as at Ft. Leonard Wood or Whiteman Air Force Base. However, the jurisdiction of a court-martial does not depend upon where the court sits.

minute sheet – A term used in the 21^st judicial circuit (St. Louis) for the docket sheet. See “docket sheet” in this glossary.

minimum mandatory sentences - The least amount of time that a judge or jury can sentence a person to prison for a certain crime.

Miranda warning - The statement of legal rights that must be given to a person when placed under arrest or suspected of a crime before he can be interrogated by law officers.

misdemeanor - An offense having less serious consequences than a felony and punishable by fine or a jail term up to one year or both. Classes of misdemeanors and terms are: for a class A misdemeanor, a term not to exceed one year; for a class B misdemeanor, a term not to exceed six months; and for a class C misdemeanor, a term not to exceed fifteen days.

misfeasance - The improper performance of some act that a person might lawfully do.

misrepresentation - Trying to deceive another by making a false or misleading statement.

Missouri Approved Instructions - “Form” or “pattern” instructions that have been approved by the Missouri Supreme Court for use in jury trials.

Missouri Bar - The professional organization comprised of all lawyers licensed by the Missouri Supreme Court to practice law in Missouri.

Missouri Bar Administration - An outdated name for the Advisory Committee, which is responsible for overseeing Missouri’s lawyer disciplinary system.

Missouri Constitution - The Missouri Constitution is the ultimate legal authority in the state, subject only to the supremacy of the U.S. Constitution.

Missouri Plan - A non-partisan method of selecting state court judges. A selection committee of lawyers and non-lawyers reviews applications and chooses a panal of three nominees from with the governor makes the final decision, filling the open judicial position. After their first 12 months in office and at the end of their terms, judges must run in retention elections, in which the public votes “yes” or “ no” whether to retain them in office.

Missouri Register – The publication in which state rules and regulations are published.

Missouri Supreme Court - The highest level state appellate court in Missouri and administrative supervisor of the state court system, including the lawyer disciplinary system and licensing process.

mistrial - A trial that has been terminated prior to its normal conclusion. It may be declared by the judge because of some extraordinary event (e.g., death or illness of juror or attorney), for prejudicial error that cannot be corrected in that trial, or because of a deadlocked jury.

Mitigating circumstances - A circumstance that does not constitute a justification or excuse for an offense, but which may be considered as reducing the degree of moral culpability.

moot – Not ripe for judicial determination. A moot case is one in which no actual controversy exists because the factual issues are resolved or other things occur that make it unnecessary for a court to render a decision.

moral turpitude - Conduct contrary to honesty, modesty or good morals.

motion for directed verdict – A motion made at the close of the evidence, in which a party requests that the judge enter a judgment in their favor before sending the case to the jury because the adverse party has not produced legally sufficient evidence to refute the party’s evidence to prove their case.

motion for judgment notwithstanding the verdict - Motion filed by party after an adverse verdict to have the court set aside the verdict and enter judgment as requested in an earlier motion for directed verdict because it is contrary to the law controlling the issues.

motion for judgment of acquittal - Motion filed by defendant in criminal trial that requests the court, for the reasons given, to enter a judgment of acquittal instead of submitting the issue of guilt to the jury for decision.

motion for new trial - Motion filed by a criminal defendant in jury-tried cases in order to preserve for appeal any alleged trial court errors. A motion for new trial is permissible but not required in court-tried cases. Also called in criminal cases a judgment of acquittal notwithstanding the verdict. In civil cases, the losing party may file a motion for new trial on the basis of alleged errors in the trial.

motion for summary judgment - A party’s request for the judge to enter a judgment in a case without a trial because there is no issue of material fact and the party is entitled to judgment as a matter of law.

motion in limine - A request by a party before trial to prevent certain evidence from being referred to or offered during trial. Usually used in civil cases.

motion to dismiss - A motion filed by a party to a lawsuit to dismiss the claim of the opposing party.

motion to suppress - A request to keep out evidence at a trial or hearing. Usually used in criminal cases.

movant - One who has filed a motion with a court.

multiplicity of actions - Numerous and unnecessary attempts to litigate the same issue in various courts.

municipal clerk – The person who keeps the books and records of a municipal court. Selected according to city ordinance.

municipal court - In Missouri, a division of the circuit court having jurisdiction over traffic and other ordinance offenses committed within the boundaries of the municipality in which the court sits.

municipal judge – The judge who presides in a municipal court. Judges of the Municipal Division are selected in the manner provided by municipal ordinance.

murder - The killing of another human being with malicious intent, deliberation or premeditation.

murder in the first degree - Murder punishable in Missouri by death or by imprisonment for life without eligibility for parole or conditional release.

mutual assent - The agreement of two parties to enter into a contract to exchange goods, services or performance.

National Reporter System – A sequential series of books that accumulates and publishes in separate volumes all appellate decisions of state and federal courts.

naturalization - When a foreign-born citizen is granted citizenship after going through the statutory citizenship process.

Nebraska Press Ass’n v. Stuart - A U.S. Supreme Court decision that held that a gag order was unconstitutional.

necessary party - A party who is closely connected to a lawsuit and should be included in the case for full resolution of the issues.

negligence - The failure to do something that a reasonable person, guided by ordinary circumstances and considerations, would do, or the doing of something that a reasonable and prudent person would not do.

negotiation - A consensual bargaining process between two parties in order to reach an agreement without litigation.

new trial - A post-judgment motion for a re-examination of some or all of the facts and legal issues of the case.

New York Times v. Sullivan - The famous U.S. Supreme Court case that established that a statement of and concerning a “public official” must be made with actual malice in order for a public official to prevail in a libel action. Later was amended to apply to “public figures.”

next friend - One acting for the benefit of a minor or other person before the court without being regularly appointed as guardian.

nisi prius - Courts for the initial trial of issues of fact, as distinguished from appellate courts.

no-fault divorce - A divorce where the parties do not have to show fault or grounds for the divorce except for a breakdown of the marriage or irreconcilable differences.

no true bill - This phrase, endorsed by a grand jury on an “indictment,” is equivalent to a “not found” or “not a true bill.” It means that in the opinion of the jury, the evidence was insufficient to warrant a formal charge.

nolle prosequi (nol’e pros’e-kei) - A formal entry upon the record by the plaintiff in a civil suit, or the prosecuting officer in a criminal case, by which he or she declares that he or she “will not further prosecute” the case.

Nolo contendere – Literally, “I will not contest it.” If accepted by the court, it is equivalent, for purposes of that case only, to a plea of guilty and the court can sentence defendant thereon. Can not be used in Missouri state courts, but can be used in federal courts.

nominal damages - A small sum that is awarded when the legal injury suffered is insubstantial or should not be compensated unduly.

nominal party - One who is joined as a party or defendant in a case merely because the technical rules of pleading require his or her presence in the case and its record.

non compos mentis - Literally, “not sound of mind;” insane.

non obstante veredicto - Literally, “notwithstanding the verdict.” A judgment entered by order of court for one party, although there has been a jury verdict against the party. (J.N.O.V.)

Non-Partisan Court Plan - A procedure for the selection and appointment of all Missouri appellate judges, as well as the trial judges in St. Louis City and the following counties: St. Louis, Jackson, Clay, Platte and Greene. Under the Plan, the governor appoints a judge from a panel of candidates selected by a non-political nominating commission. A judge appointed under the non-partisan plan cannot engage in politics and stands for retention periodically without being opposed by another “candidate.”

nonfeasance - When one refuses or fails to act when he or she had a duty to act.

nuisance - A situation or condition that interferes with one’s right to peaceful enjoyment and use of his or her property.

“Nutshell” - West Group’s series of concise treatises on a wide range of legal topics. There are more than 115 titles in the “Nutshell Series.”

oath – A commitment to tell the truth.

objection - The act of taking exception to some statement or procedure in trial for the purpose of calling the court’s attention to improper evidence or procedure. Such objection, if overruled by the trial judge, serves as the basis for seeking reversal of the judgment on appeal.

obscenity – The reference to or depiction of patently offensive material including sexually explicit material. Obscenity is not protected by the First Amendment.

obstruction of justice - Interference with the administration of law and justice.

of counsel - A phrase applied to counsel employed to assist in the preparation or management of a case, or its presentation on appeal, but who is not the principal attorney of record. May also refer to an attorney who is associated with a law firm but is not an actual employee of the firm.

offer - (1) A promise to do something or to refrain from doing a certain thing. (2) The act of offering to enter into a legal agreement with another.

Office of Chief Disciplinary Counsel for Missouri - An agency of the Supreme Court of Missouri that is responsible for investigating allegations of misconduct against attorneys in the state, prosecuting the cases where a lawyer’s misconduct poses a threat to the public or to the integrity of the legal profession, and maintaining current records of disciplinary information for lawyers licensed to practice law in Missouri.

official reporter – A national series of volumes selected by a particular jurisdiction to publicly publish its court opinions. (Reporter refers to the published books that include all appellate decisions in the jurisdiction.)

Oklahoma Publishing Co. v. District Court – United States Supreme Court decision that established that the press may publish juvenile names in some circumstances.

open record – A document that is required by law to be made available to the public upon request.

opening statement – A statement made by a lawyer at the opening of a trial, in which he or she reviews the anticipated evidence in the case. It is not considered as evidence.

opinion - Used as a synonym for decision. Technically, a decision of the court is its judgment; the written opinion contains the reasons given for that judgment, or the expression of the views of the judge.

opinion evidence - Testimony as to what the witness thinks, believes or infers regarding a fact in dispute, as distinguished from personal knowledge of the facts. Ordinarily, only expert witnesses can offer opinion evidence.

ordinance - A written law enacted by the legislative body of a county or city.

original jurisdiction – Jurisdiction (or authority) of a court to assert authority over a case at the outset, to try it, and to decide the issues.

Pacer - An electronic public access service of U.S. Federal Court documents. (Public Access to Court Electronic Records)

panel - A list of potential jurors to serve in a particular court, or for one particular trial.

parallel cites or parallel citations - Citations to the same opinion in two or more different national reporter publications.

pardon - Action by an executive (governor) that relieves one from further punishment for a criminal offense and restores rights and privileges lost as a result of a prior conviction.

parol evidence - Oral or verbal evidence the ordinary kind of evidence given by witnesses in court.

parol evidence rule - Under this rule, when parties put an agreement in writing, all previous oral agreements merge with the writing, and a contract as written cannot be modified by parol or extra explanatory evidence in the absence of a mistake or fraud in the preparation of the writing.

parole - A conditional release, usually under supervision of a parole officer, of a prisoner who has served part of the term for which he was sentenced. The parole may be subsequently revoked for failure to observe the conditions provided in the parole order.

parties - The persons who are actively involved in the prosecution or defense of a legal proceeding.

patent - An official right, privilege or authority that is granted to the creator of the product by the government as a protection against copying without the owner’s permission.

pending issues summary - A summary of all cases that will be argued before the Supreme Court of Missouri.

peremptory challenge - The challenge that the prosecution or defense (or plaintiff or defendant in civil cases) may use to reject a prospective juror without giving any reason. Each party is entitled to a certain number of peremptory challenges according to statute.

perjury - The giving, willfully and knowingly, of false testimony to the court, either orally or in written form, such as in an affidavit by one under oath.

persistent offender - One who has been previously convicted of two felonies committed at different times and not related to the instant crime as a single criminal episode.

persistent sexual offender - One who has been previously convicted of the felony of rape, forcible rape, sodomy, forcible sodomy or an attempt to commit any of these crimes.

personal recognizance - A kind of “bail,” consisting of a written promise to appear in court when required, without the posting of cash or other security to guarantee such appearance.

petition – A written document (also called a “complaint” in some courts) that sets out the allegations of a party’s claim against other parties. It is filed with the clerk of the court having jurisdiction of the case.

petitioner – A party who petitions a court, typically on an appeal.

plain view – The criminal law doctrine that allows a police officer to obtain evidence without a warrant because the evidence was within the officer’s plain view when he was in a lawful position.

plaintiff - A person who brings a lawsuit.

plea - In criminal law, any of four formal answers an accused may give to a criminal accusation. The four pleas are: (1) “not guilty,” which is a complete denial of guilt; (2) “not guilty by reason of insanity,” which pleads the defense of criminal insanity and may be joined with a plea of not guilty; (3) nolo contendere (see nolo contendere in this glossary); and (4) “guilty,” which is a complete admission of guilt.

plea bargaining - In criminal law, pre-trial negotiations between the defense and the prosecution, with a view to obtaining a disposition of the case without trial. Under such agreement the accused may be permitted to plead guilty to a lesser offense, or plead guilty to one or more charges but have others dismissed, or the prosecuting attorney may agree to recommend a particular sentence. The terms of a negotiated plea must be stated in open court and is effective only if approved by the trial judge.

pleading - The process by which the parties in a suit alternately present written statements of their contentions until the controverted issues are set out for trial.

pocket part - Supplement that slips into a pocket in the back of a published volume to update information in that volume until a whole new volume is published.

polling the jury - A practice whereby the jurors are asked individually whether they agreed to and still join in the verdict.

power of attorney - An instrument authorizing another to act as one’s agent or attorney.

praecipe (pre’si-pe) - An original writ commanding the defendant to do the thing required. Also, an order addressed to the clerk of a court, requesting the issuance of a particular writ. Seldom used.

prayer - The request in a pleading that states what action or relief is sought.

precedent - A court decision that provides an example or authority for a later similar case that deals with a similar question of law.

prejudicial error - Synonymous with “reversible error.” An error that warrants the appellate court to reverse a lower court judgment.

preliminary hearing - Synonymous with “preliminary examination;” the hearing, held by an associate circuit judge (or a magistrate in federal courts) to determine whether a person charged with a crime should be held for trial.

preliminary injunction - A temporary order issued by a court to prevent an irreparable harm from occurring before the court has had a chance to fully hear or review the issue. In may be followed by a permanent injunction, or it may be dissolved if found to be unnecessary or unwarranted.

preponderance of the evidence - Greater weight of evidence, or evidence that is sufficient to create in the mind of the court or jury the belief that the party has established its claims.

presentment - An informal statement in writing by a grand jury to the court that a public offense has been committed, from its own knowledge or observation, without any bill of indictment being voted.

presiding judge, circuit court - A circuit judge who is elected to supervise all divisions in each circuit, by vote of the circuit and associate circuit judges in that circuit, for a two-year term.

presumption of fact - A presumption of facts, usually rebuttable, resulting from a rule of law that requires such fact to be assumed from another fact or group of facts found or otherwise established in the action.

presumption of innocence - The principle that every accused person is presumed innocent until proven guilty and that the state has the burden of proving every element of the crime charged beyond a reasonable doubt.

presumption of law - A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence.

pretrial conference - A meeting between the opposing counsel and the judge to discuss the issues of the case including evidence and the narrowing of the issues that are in dispute.

prima facie - Literally, “on its face.” Evidence is said to be prima facie when, standing alone, it amounts to the degree of proof required to make a particular finding.

primary legal sources - Texts of laws, constitutions, court decisions, administrative agency regulations and rulings, executive orders, treaties, and other first-hand accounts of the law.

privilege of journalist – Also called “reporter’s shield law.” Term referring to the privilege for a reporter to withhold the name of a source of information. Missouri has no such statutory privilege but does have some limited case law exceptions.

pro se - Representing oneself in court without an appearance by a lawyer.

probable cause - A reasonable belief that one has committed a crime or is in the process of committing a crime.

probate - The act or process of proving a will.

probation - Allowing a person convicted of a criminal offense to remain in the community rather than being incarcerated, so long as the person maintains good behavior, meets any special conditions imposed by the court, etc. Usually, a person placed on probation is under the supervision of a probation officer.

procedural law - The methods and procedures of carrying on a lawsuit, of enforcing one’s rights in judicial proceedings.

products liability - Tort liability for a manufacturer for any damages suffered by a buyer as a result of a defective product.

prohibition, writ of - The name of an extraordinary order issued by a superior court to a lower court, administrative agency or public officer to prohibit the court, agency or officer from exceeding its jurisdiction or exercising jurisdiction when there is no jurisdiction.

promissory estoppel - A promise made without consideration can still be upheld if the party in breach of the promise should have reasonably expected the injured party to have relied upon the contract in dispute.

promissory note - A written promise to pay a specific sum of money to a named person.

property bond - A kind of bail in a criminal case, consisting of the posting of real property to secure the defendant’s appearance in court when required.

prosecuting attorney - The attorney for the state who prosecutes another for a crime; in Missouri, there is an elected prosecuting attorney in every county (called the circuit attorney in the City of St. Louis).

prosecutor (f. prosecutrix) - One who instigates a prosecution against another, by filing a complaint or making an accusation, and perhaps testifies on behalf of the state against the accused.

proximate cause - In tort law, the negligent act that causes a plaintiff’s injury or, when combined with other acts or omissions, most directly causes the plaintiff’s injury or loss.

public defender - A lawyer employed by the state to serve as defense attorney for indigent defendants.

public figure (in libel) - Public figures are persons who have attained general fame or notoriety in a community or who are involved extensively in society’s affairs.

public meeting - Any meetings of government bodies at which public business is discussed or decided, or public policy is formulated, as defined in Missouri’s Sunshine Law.

public record - Any records retained by or of any public governmental body, as defined by Missouri’s Sunshine Law.

public vote - Any votes cast at any public meeting of any public governmental body, as defined by Missouri’s Sunshine Law.

published decision/opinion - Court decision that is published in a public reporter volume.

punitive damages - Damages that are awarded in addition to actual damages when the defendant acted with the requisite recklessness or malice and should be punished in order to set an example for others.

quaere - A question, or query.

quash - To overthrow or vacate, to annul or void a summons or indictment.

quasi judicial - Authority or discretion vested in an officer where the officer’s acts partake of a judicial character.

quid pro quo - Literally, “what for what.” A fair return or consideration.

quiet enjoyment - Possession of land with the guarantee that the possession will not be disturbed by anyone claiming superior title to the property or anyone under that person’s control.

quiet title action - A proceeding where a plaintiff attempts to establish title to or ownership of land.

quo warranto, writ of - A writ issuable by the state, through which it demands an individual to show by what right he or she exercises an authority that can only be exercised through grant or franchise from the state, or to show why he or she should not be removed from office.

rape - Sexual contact with another person without their consent and usually through force or threat of injury.

rape shield law - A law that prohibits the use of past sexual conduct as evidence against a plaintiff in a rape or sexual-assault case.

real property – Land and anything physically connected to it or built upon it.

reasonable doubt – That state of the minds of jurors in which they are not firmly convinced as to the truth of the charge. An accused person is entitled to acquittal if, in the minds of the jury, the accused’s guilt has not been proved beyond a “reasonable doubt.”

rebuttal – The introduction of rebutting or conflicting evidence. The showing that statements of witnesses as to what occurred is not true. Also, the stage of a trial at which such evidence may be introduced.

recall – The process of removal of a public official by a vote of the people, taken upon submission of a petition signed by a legally required number of citizens.

receiver – A person, who because he or she is disinterested in the parties of a cause, is appointed by the court to preserve the property or funds being contested in the case. This procedure is followed because it is not reasonable that either party hold the property during the contested action.

receivership – The placing of property into the hands of a receiver for that person’s care and control until litigation concerning the property is over and a decision as to the disposition of the property is rendered.

reckless homicide – When one kills another person with conscious indifference toward the life of the other person.

recognizance – A bond made by a defendant in court that he or she will perform a certain act or pay a fee in return for temporary release pending a further court appearance.

record on appeal – The trial transcript and legal file that are prepared by the appellant and filed for record in the appellate court in a case on appeal.

recross examination – The interrogation of the witness, following a redirect-examination, by the party who first cross-examined the witness. Recross examination is limited to issues raised in the redirect examination.

redirect examination – The questioning of a witness by the party who first called that witness, after the opposing party has conducted cross-examination. Redirect examination is limited to issues raised in the cross-examination.

recusal – A judge’s decision to remove himself or herself from a case because of a conflict-of-interest or other reason.

referee – A person to whom a cause pending in a court is referred by that court to take testimony, hear the parties and report to the court. The referee is an officer exercising judicial powers and is an arm of the court for a specific purpose. See “master” in this glossary.

referendum – The process of submitting certain recently enacted statutes to a popular vote for approval or rejection (See Missouri Constitution, Art. III, sections 49; 52(a); and 53.)

relator – A party seeking relief through the prosecuting attorney or circuit attorney or Attorney General.

remanded – When a case is sent back to a lower court for further action.

removal order – A court order transferring a cause of that court’s jurisdiction to another court.

repeal – The abrogation of a previously existing law by enactment of a law revoking the former law.

replevin – An action to recover possession of personal property from a person who has wrongfully or unlawfully taken and refused to return the property.

reply – When a case is tried and argued in court, the argument of the plaintiff in answer to that of the defendant is called a reply. In pleading, the plaintiff’s response to a pleading filed by the defendant generally is called a reply.

request for admission – A document submitted by one party to the other during pre-trial preparation asking the adverse party to admit, deny or object to certain statements of fact.

request for production of documents – A request made by one party to the other in pre-trial discovery asking the adverse party to turn over certain documents related to the trial.

res ipsa loquitur (rez ip’sa lok’wi-ter) – Literally “a thing that speaks for itself.” In tort law, the doctrine that holds a defendant guilty of negligence without a showing of a specific negligent act. Its use is limited in theory to cases in which the cause of the plaintiff’s injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.

res judicata – A rule of civil law that once a matter has been litigated and final judgment has been rendered by a court, the matter cannot be re-litigated by the parties.

respondent – The party against whom an appeal is taken. See “appellee” in this glossary. Also, the party against whom a proceeding in quo warranto is brought.

respondeat superior – Literally “a superior (or master) must answer.” The doctrine that holds that an employer or principal is responsible for the acts and omissions of his or her employees and agents, when done within the scope of their duties as employees or agents.

Restatement – An influential legal publication written by legal scholars and published through the American Law Institute that establishes the guiding principles and trends of law in a specific area.

restitution – Payment of compensation for loss, usually referring to payments made by a criminal defendant for losses caused by the defendant’s criminal actions. May also refer to a body of law in which liability is based on the gain realized by the defendant (referred to as “unjust enrichment”) rather than on the victim’s loss.

restraining order – (1) A court order to prohibit contact between certain individuals. (2) A temporary court order to prevent a certain action from occurring until a trial has been completed.

retainer – The act of a client in employing an attorney or counsel, which also denotes the fee that the client pays when the attorney is retained to act for him or her.

reversed – When a lower court’s ruling is found by an appellate court to be incorrect.

reversed outright – When the lower court’s ruling is found incorrect, and the appellate court determines there is nothing further to be tried or decided by the lower court, and the judgment is overturned.

reversible error – An error resulting in an unfair trial.

Revised Statutes of Missouri – Laws enacted by the Missouri General Assembly signed by the governor and published.

Richmond Newspapers, Inc. v. Virginia – The Supreme Court decision that established that criminal trials must be open to the public unless the trial court determines there is an “overriding interest” to close the courtroom.

right to counsel – The Constitution guarantees legal representation to anyone who is charged with a crime that could result in a loss of liberty. In Missouri, public defenders fulfill this constitutional responsibility, except where a shortage of public defenders exists for the case load, in which case attorneys are drafted or volunteer to fill this shortfall.

rule nisi, or rule to show cause (ni’si) – A court order obtained on motion by either party to show cause why the particular relief sought should not be granted.

rule of court – An order made by a court having competent jurisdiction. Rules of court are either general or special. The former are the regulations by which the practice of the court is governed; the latter are special orders made in particular cases.

Rules 24.035 and 29.15 – A prisoner’s motion to set aside, vacate or correct a sentence, based on an alleged violation of the prisoner’s constitutional rights. The motion cannot be used to raise issues that could have been raised by direct appeal.

search and seizure, unreasonable – Generally, a police search of a person or place without proper legal authority, made to discover evidence, stolen property, weapons, etc.

search warrant – An order in writing, issued by a judge, directing an officer, at a particular place, to search for and seize particular property that may be evidence of the commission of a crime.

second-degree murder – Any murder that does not include any aggravating circumstances of first-degree murder.

secondary legal resources - Treatises, legal encyclopedias, law review articles, reports of commissions and associations, etc. Sources that describe, explain, analyze, criticize, or suggest changes in the law.

secured debt – Any debt that is backed by a lien on collateral.

security – Collateral that is given in assurance for the completion or payment of an obligation.

seizure – An act performed by a law officer under authority of a writ in taking into legal custody the property, real or personal, of a person against whom the writ was issued.

self-defense – The use of force to protect oneself or another from a violent act or the threat of an act that could cause serious bodily injury or death. Only allowed if the plaintiff did not instigate the violent actions.

self-incrimination – A statement or action that admits one’s involvement in an illegal act, making that person susceptible to prosecution or conviction.

sentence – The judgment in a criminal action, following a verdict or a plea of guilty, stating the punishment to be imposed.

separation of witnesses – An order of the court requiring all witnesses (except parties) to remain outside the courtroom until each is called to testify. Also termed the “exclusion of witnesses” or “the rule on witnesses,” or most often, “invoking the rule.”

sequester jury – The act of confining the jury (not permitting its members to return home or separate) during the course of a trial, until a verdict is reached.

servant – An employee; one who acts for another.

service of process – Written notification by an officer, handed to a person or published in accordance with legal requirements, that he or she has been named as a party to a lawsuit or has been accused of some offense. Process consists of a summons, citation or warrant, to which a copy of the complaint or other pleading is attached.

session laws - Slip laws arranged in chronological order and publicly published in permanent bound volumes.

settlement – An agreement between disputing parties that ends any litigation before the completion of trial.

sexual harassment – Employment discrimination based on verbal or physical abuse that is sexually-related.

sexual offenses – Any offense that involves illegal sexual contact.

Shepard’s - A major legal citator or reference to location where case decisions may be found. See also citator.

shepardize – To check the precedent or legal history of a case using citators or to locate decisions upholding or overturning a decision. Among lawyers, this is a slang term for the process, derived from the notoriety of Shepard’s, a leading citator.

Sheppard v. Maxwell – The U.S. Supreme Court case that recognized that pretrial publicity can have a prejudicial effect on the jury.

sheriff – A chief law enforcement officer of a county, chosen by popular election, whose principal duties are enforcement of the law and to aid the criminal and civil courts and administration of county jails. The sheriff is the chief preserver of the peace, and except in Jackson County, also serves legal process, summons juries, executes judgments and holds judicial sales.

Shock probation – Probation that is given to a prisoner after a short prison stay expected to deter future law violations.

signature bond – A bond that requires no cash. See “personal recognizance.”

sine qua non (si’ne kwa non) – An indispensable requisite or condition.

Sixth Amendment – The Constitutional Amendment that provides: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

slander – A defamation that is in a non-permanent form – usually spoken.

SLAPP suit – A strategic lawsuit against public participation. A suit that is brought by corporations, public officials, or the government against those who are protesting against them. The lawsuits are generally baseless and are used to stifle opposition. Some jurisdictions have passed Anti-SLAPP legislation to stop SLAPP lawsuits. Missouri has an Anti-SLAPP statute. (537.528, RSMo)

slip law - Text of a single act issued officially in a pamphlet or single sheet.

slip opinions – The opinions issued by an appellate court initially on the day opinions are made public before published in permanent reporters.

small claims court – A division of the circuit court that hears claims not exceeding $3,000. Small claims cases are heard by an associate circuit judge in an informal manner, without utilizing formal rules of evidence and procedure. Attorneys are not required but may be used. See also, Chapter 482, RSMo.

Smith v. Daily Mail – The U.S. Supreme Court decision that established that the names of juveniles charged with offenses can be made public in most instances.

sole custody – In family law, an arrangement between divorced or separated parents in which one parent has exclusive custody to their children.

solicitation – The act of urging or aiding another in the commission of a crime. 2. An offer to pay or accept money in exchange for sex.

sound discretion – Judicial discretion that is not arbitrary but is fair and equitable under the circumstances.

Southwestern Reporter – A public case law reporter containing published appellate court case decisions for Arkansas, Kentucky, Missouri, Tennessee and Texas.

sovereign immunity – The doctrine that a government or governmental agency cannot be sued.

specific performance – An order directing a person to perform specifically what that person has agreed in a contract to do; issued only when money damages would not be adequate to compensate for the breach of a contract.

standard of proof – The level or degree of proof necessary to find a defendant guilty.

stare decisis - Legal doctrine that requires courts to follow precedent and apply precedent-setting decisions to all subsequent similar facts and circumstances.

State Courts Administrator – Under the supervision and direction of the Supreme Court of Missouri, the Office of State Courts Administrator serves as the administrative support arm of the Missouri state court system.

state’s evidence – An accomplice or participant in a crime is said to have turned “state’s evidence” when such person gives testimony tending to convict others, usually in return for a lesser sentence or dismissal of charges against the witness.

status offense – May also be called a “status crime.” Refers to an offense or crime that is based on the offender’s status, not necessarily his actions. Ex: vagrancy of an adult, truancy by a juvenile.

statute - Law passed by a state legislature or Congress.

statute of frauds – A statute that is intended to prevent fraud by requiring certain contracts to be in writing, such as contracts for the sale of land.

statute of limitations – The time limit within which a civil or criminal action may be brought after its cause arises. The time limit depends on the kind of action involved and is set by the legislature.

stay – The act of stopping a judicial proceeding by order of the court.

stipulation – A binding agreement by attorneys or parties on opposite sides of a case as to any matter pertaining to the proceedings or trial. Most stipulations are in writing, but may be stated on the record in court.

strict liability – Liability that is based on an absolute obligation or duty that one has to act. It is not important whether the person was negligent or reckless – but only that the person did not fulfill his or her duty.

sua sponte – The judge makes an order on his own initiative without a motion by either party asking him or her to do so.

subpoena duces tecum (su-pe’na du sez te’kum) – A writ by which the court commands a witness to produce certain documents or records in a trial or deposition.

subrogation – The substitution of parties to an obligation or duty to pay a debt, usually by agreement. Common feature in insurance policies.

substantive law – That part of the law dealing with rights, duties and liabilities, as distinguished from procedural law, which is the law regulating procedure or process.

suit – A court proceeding by one person against another or others in which he or she seeks redress for an injury or enforcement of a right. The term “suit” is seldom applied to a criminal prosecution.

summary judgment – A judgment made before trial when one party claims that the dispute at hand has no genuine issue of material fact and the party is entitled to judgment as a matter of law.

summons – A writ directing the sheriff or other officer to notify the named person that an action has been commenced against him or her in court and that he or she is required to answer the complaint in such action. A court direction or invitation to personally appear in court on a certain date in a certain courtroom at a certain time to answer to a charge or cause.

Sunshine Law – A statute that requires a government body or institution to open its meetings and records for public attendance or inspection. (Chapter 610, RSMo)

supersedeas (su-per-se-de-as) – Literally, “stay of proceedings.” A writ containing a command to stay proceedings at law, such as the enforcement of a judgment pending an appeal. Also, the name given to the bond posted by the losing party, to prevent execution on a judgment during an appeal.

suppression hearing – A hearing held on a defense motion to prohibit the use of evidence alleged to have been obtained in violation of the defendant’s rights. This hearing is held outside of the presence of the jury, either prior to or at trial. Suppression hearings are held only in criminal cases.

surety – The person or company that posts security on a bail bond in a criminal case, to guarantee the performance of the principal (defendant) in appearing in court, abiding by the terms of probation, etc.

suspended imposition of sentence – The practice of a court in not pronouncing a sentence on a convicted defendant; instead, the defendant may be placed on probation and, if probation is successfully completed, the defendant is discharged and no conviction is recorded.

suspended sentence – The practice of a court in placing a convicted person on probation, rather than sending him or her to jail or prison, although a conviction is recorded against that person. Sometimes referred to as “suspended execution of sentence.” If the person violates the terms of probation, the sentence will then be imposed.

syllabus - A note prefixed to a court opinion, containing a brief statement of the rulings of the court upon the point or points decided in the case.

synopsis - Brief summary of the facts of a case.

temporary restraining order (TRO) – A temporary order issued by a court to prohibit a party from doing something that threatens to cause immediate or irreparable harm to the plaintiff, pending a hearing by the court. A TRO may be issued with little or no notice to the restrained party, but is of limited duration.

10% bond – The defendant deposits with the court cash or securities equal to only 10 percent of the bond amount.

testate – One who has died leaving a will, or one who has made a will.

testator (f. testatrix) – The person who makes a will.

testimony – Evidence given by a competent witness, under oath; as distinguished from evidence derived from writings and other sources.

third party petition – A “lawsuit within a lawsuit” because by it a defendant seeks to bring in another party (one not named in the plaintiff’s petition) to seek some sort of affirmative relief (usually indemnification for the defendant) on the issues raised in the plaintiff’s petition.

tort – An injury or wrong committed to the person or property of another, independent of any contract. For a tort to be committed there must be a breach or violation of some duty owing to the plaintiff.

tort-feasor – One who commits a tort.

transcript – The official written record of proceedings in a trial or hearing.

trademark – A word, phrase or symbol used by a company or organization to distinguish its product from the rest of the market.

traverse – In pleadings, traverse signifies a denial. When a defendant totally denies any material allegation of fact in the plaintiff’s declaration, the defendant is said to traverse it. Seldom used.

treason - Defined in the U.S. Constitution as: “Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.”

treatise - A secondary source in the form of a narrative text that provides an in-depth analysis of a legal subject.

trespass – An unlawful entry onto another’s real property.

trial court – The court of original jurisdiction that first hears a case.

trial de novo – A new trial or retrial of all issues before a different division of the same circuit court (trial court) following a trial before a judge in the division having original jurisdiction to hear and determine the issues first. The right to trial de novo is generally limited in Missouri to cases tried without a jury in the associate circuit or municipal division of the circuit court.

triple net lease – A lease where the person leasing the property pays all expenses, including the real estate taxes on the property.

true bill – The grand jury’s endorsement on a bill of indictment when the jury finds sufficient evidence to warrant a criminal charge.

trust – A transaction in which the owner of property gives ownership to a trustee, to hold and to manage it for the benefit of a third party, called the “beneficiary.” Also, the document setting up a trust.

trustee – One who holds property for another and is responsible for managing that property efficiently and to the benefit of the owner in accordance with the terms of the trust.

Truth in Lending Act – A federal law that requires credit companies to fully disclose the terms of any loan intended to protect consumers.

24.035 and 29.15 motions – In Missouri, in the case of a criminal conviction, a proceeding under Rule 24.035 (where there is a guilty plea) or 29.15 (where there is a conviction after trial) must be used instead of habeas corpus if the issues involved are covered by the Rule. In those cases, the Rule 24.035 or 29.15 proceeding is a substitute for habeas corpus. If a case is not covered by Rule 24.035 or 29.15, habeas corpus may be used.

“twenty-hour law” - Any person arrested in Missouri without a warrant and confined for the commission of a misdemeanor or felony must be released from custody within twenty hours of the arrest unless he is held on a warrant.

unconscionability – Extreme unfairness, particularly in contracts. A contract may be held to be unconscionable if its terms are highly unfair or oppressive to one party.

undue influence – The use of improper influence or duress in order to deprive another person of his or her free will.

unjust enrichment – The retention of a benefit without giving due compensation.

U.S. Attorney – The attorney for the U.S. government who represents the government in the federal courts and prosecute criminal actions there. Appointed by the President.

U.S. Court of Appeals – Appellate court that hears appeals from federal trial courts. There are 11 United States Circuit Courts of Appeals geographically distributed throughout the United States. Missouri is in the Eighth District, based in St. Louis. The Eighth Circuit includes Arkansas, Iowa, Minnesota, Nebraska, North Dakota, South Dakota and Missouri.

U.S. District Courts – Federal trial courts of general jurisdiction that hear civil and criminal cases arising under federal laws.

United States Code – Multi-volume publication containing the laws enacted by the United States Congress, sometimes with notes of court rulings.

unlawful detainer – A detention of real estate without the consent of the owner or some other person entitled to its possession. Often used to describe the situation in which a rental tenant remains in a property after expiration of a lease.

unlawful use of a weapon - a crime, as defined by a variety of actions set forth in Missouri statutes (571.030 RSMo)

unpublished decision/opinion – Court decision not published in a standard reporter. Many of these are available on LexisNexis and Westlaw.

usury – The act or practice of lending money at an exorbitant or illegal rate of interest.

variance – A disparity between two documents or statements that are intended to be in accordance with each other.

venire (ve-ni’re) – Technically, a writ summoning persons to court to act as jurors; popularly used as meaning the body of persons summoned for jury duty.

veniremen – Members of a panel of jurors.

venue – The county in which a case, civil or criminal, may be tried and decided. This may be the county where the case is filed or one to which the case is sent on a change of venue.

venue, change of – The procedure for removing a case from a court in one county or judicial circuit to the appropriate court in another county or judicial circuit. Generally, a party is entitled to only one change of venue in a case.

verdict – The formal decision or finding made by a jury, reported to the court and accepted by it. See also, “finding” in this glossary.

Vernon’s Annotated Missouri Statutes – Publication of statutes of Missouri with limited additional notes of decisions of the state and federal courts interpreting the laws, the Constitution and court rules of Missouri.

vicarious liability – Liability that a supervisory party, such as an employer, has for the conduct of a subordinate or associate, such as an employee. The liability is based on the relationship of the persons, not on the actions of the supervisory party.

visa – An official document stating that a person has a legal right to be present in a country – even if it is only temporary.

voir dire (vwor der) – Literally, “to speak the truth.” The preliminary questioning of prospective jurors by the court and attorneys to determine their qualifications to sit on a jury in the particular case. Also, the questioning of a witness by an attorney, preparatory to making a formal objection to the witness’s testimony or other evidence.

waiver of immunity – The act of a witness, before giving testimony or producing evidence, of renouncing his constitutional right not to testify or to incriminate himself.

warrant of arrest – An order issued by a judge to a law enforcement officer, requiring the arrest of the person therein named for a specific charge.

warrantless search – A search made without a warrant. May be found to be unreasonable unless it is made in certain carefully defined circumstances.

weight of evidence – The balance and quality of evidence. The tendency of a greater amount of credible evidence, offered in a trial, to support one side of the issue rather than the other.

WestLaw - Online legal database developed by “West Group” (a publisher of legal records) that contains primary and secondary legal resources, as well as editorial enhancements found in the National Reporter System or published court decisions.

will – A document in which one directs his or her property assets to be distributed in a certain fashion to particular individuals, groups of individuals or entities.

willful – A “willful” act is one done intentionally, without justifiable cause, as distinguished from an act done carelessly or inadvertently.

with prejudice – Dismissal “with prejudice” bars the right to subsequently bring or maintain a later action on the same claim or cause.

without prejudice – A dismissal “without prejudice” allows a new suit to be subsequently brought on the same cause of action.

witness – One who testifies to what has been seen, heard or otherwise observed.

writ – An order issued from a court requiring the performance of a specified act, or giving authority and commission to have it done.

writ of error coram nobis – A common law writ, the purpose of which is to correct a judgment in the same court in which it was rendered, on the ground of error of fact. Seldom used.

writ of execution – A writ to put in force a court decree or judgment.

written opinions – Written documents issued by judges or courts when ruling on cases and explaining the reasons for their decisions or rulings. Appellate courts generally issue a written opinion in every case. Written opinions of trial courts are rare in state courts, and are issued only upon request of the parties or at the judge’s prerogative. Written opinions are often issued in federal courts.

zoning – Ordinances establishing or limited how property in a municipality can be used. A “zone” may consist of a single property or many blocks.

Zurcher v. Stanford Daily – A U.S. Supreme Court case that gives insight into the respective views of the Supreme Court and Congress regarding the protection afforded to a journalist’s notes, investigative materials, photographs and working papers.