Glossary of Legal Terms

Case

A general term for an action, cause, suit, or controversy, at law or in equity.

Case Information Statement (C.I.S.)

In divorce proceedings, a listing of a party’s assets, liabilities, income and expenses to be submitted to the court.

Caveat

A formal notice or warning given by a party interested to a court, judge, or ministerial officer against the performance of certain acts within his power and jurisdiction . Used in writing to warn the reader of an interpretation different from the one proposed or advanced.

In the context of Wills, a document filed with the Court questioning the validity of what purports to a decedent's Will.

Certification

The formal assertion in writing of some fact.

Chapter 11 Bankruptcy

Designed for providing (generally) for reorganization, usually involving a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.

Chapter 13 Bankruptcy

Designed to reorganize and consolidate debts and repay them interest free over a 36-month or 60-month period.

See: Chapter 13 Bankruptcy on our Bankruptcy Law page.

Chapter 7 Bankruptcy

Designed for individuals who are unable to pay their unsecured debts. In many instances, the Debtor does not give up any assets. Businesses also utilize Chapter 7 to discharge their liability on debts.

See: Chapter 7 Bankruptcy on our Bankruptcy Law page.

Child Support

The legal obligation of parents to contribute to the economic maintenance, including education, of their children; enforceable in both civil and criminal contexts.

Child Support Guideline Worksheet

A worksheet determining an appropriate child support award, which must be completed with all court applications relating to child support.

Civil Action

Action brought to enforce, redress, or protect private rights.

Claim

To demand as one’s own or as one’s rights; to assert; to urge; to insist.

Cause of action. Means by or through which claimant obtains possession or enjoyment of privilege or thing. Demand for money or property, e.g. insurance claim.

Claimant

One who claims or asserts a tight, demand or claim.

Claim Petition

A written document which initiates a Workers’ Compensation Claim.

Class Action

A class action provides a means by which, where a large group of persons are interested in a matter, one or more may sue or be sued as representatives of the class without needing to join every member of the class.

Cloud on Title

An outstanding claim or encumbrance which, if valid, would affect or impair the title of the owner of a particular estate, and on its face has that effect, but can be shown by extrinsic proof to be invalid or inapplicable to the estate in question. A Cloud on Title can be removed by an action to quiet title.

COBRA

Federal and state laws that require most employers to provide covered employees with up to 18 months of continued group medical coverage upon an employee's separation from employment. The employee, not the employer, pays for the cost of the coverage during the COBRA period.

Collective Bargaining Agreement

Agreement between an employer and a labor union which regulates terms and conditions of employment for employees represented by the union.

Common Law

The body of law derived from the decisions of judges in recognition of our customs and traditions.

Common-Law Marriage

One not solemnized in the ordinary way (non-ceremonial) but created by an agreement to marry, followed by cohabitation.

Comparative Negligence

A process in which the jury allocates fault among two or more parties.

Complaint

A written statement filed to begin a Lawsuit.

Confidentiality Agreement

An agreement between an employer and employee in which the employee agrees not to disclose confidential information relating to his employment. These agreements commonly apply even after termination of the employment relationship.

Consumer Debt

Debt incurred by an individual primarily for a personal, family, or household purpose.

Contract

An agreement between two or more persons which creates an obligation to do or not to do a particular thing.

Contributory Negligence

Conduct by a plaintiff which is below the standard to which he or she is legally required to conform for his or her own protection which can have an effect on the amount of damages a plaintiff recovers in a lawsuit.

Conviction

The result of a criminal trial or guilty plea which ends in a judgment or sentence that the accused is guilty as charged.

Counsel

Attorney or counselor.

Counterclaim

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

Creditor

One to whom money is due. Under Bankruptcy Act, term includes entity that has a claim against the debtor that arose at the time of or before the order for relief concerning the debtor.

Cross-Claim

An independent suit brought by defendant against plaintiff or co-defendant.

Custody (Joint Legal)

Both parents have input into decisions concerning the child's best interest specifically as to the child's health, education and welfare.

Custody (Sole)

One parent is awarded all the rights and obligations of a parent, specifically the right to make all decisions regarding the child's health, education and welfare.