A

Abstract – A synopsis or summary of facts. Abbreviated, accurate and authentic history of a proceeding.

Ad Hoc – For this special purpose. An attorney ad hoc or a guardian ad hoc is one appointed for a special purpose.

Adjourn – To suspend proceeding of a convened court until another time. This time can be to a date certain or indefinite.

Adjudication – A judgment or decree.

Ad Testificandum – To testify. Type of writ of habeas corpus used to bring a prisoner to court to testify.

Affiant – A person who signs an affidavit.

Affidavit – A written or printed declaration or statement under oath.

Affirm – The ruling of an appellate court that the judgment of a lower court is correct and should stand.

Alias (A/K/A) – An indication that a person has been called by other names; "a/k/a," an abbreviation for the phrase "also known as."

Alimony – Comes from Latin "alimonia" meaning sustenance for a spouse for maintenance while they are separated or divorced.

1. Alimony in futuro – Sustenance until the recipient remarries at which time is terminated.

2. Alimony in solido – (lump Sum) Alimony in the nature of a final property settlement award that is not subject to change.

3. Alimony pendente lite – (temporary alimony) An allowance made pending a suit for divorce or separate maintenance.

4. Alimony in perpetuity – (permanent) A provision for the support and maintenance of a spouse during their life.

5. Rehabilitative alimony – Sums necessary to assist a divorced person in regaining a useful and constructive role in society through education or training.

Appeal – Review of a case by a higher court or agency.

Appearance Bond – Bond required to insure the presence of a defendant in court.

Appellant – Party appealing a decision or judgment to a higher court or agency.

Appellee – The party against whom an appeal is filed.

Arbitration – The hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept.

Arrearage or Arrears – Any occasion when the full amount of support ordered for or on behalf of a minor child, or spouse is not paid by the due date.

Attachment – The legal process of seizing another’s property in accordance with a writ or judicial order.

Attest – To certify to the conformity to fact (verty) of a copy of a public document formally by signature.

 

B

Bail Bond – An agreement by a third party to pay a certain sum of money if a defendant fails to appear in court.

Bench Trial – Trial held before a Chancellor sitting without a jury.

Bench Warrant – Process issued by the court or "from the bench" for the attachment or arrest of a person.

Binding Over – The act by which the Court requires a person to enter into a recognizance or furnish bail to appear for a trial. Also describes act of lower Court in transferring case to higher Court or to grand jury.

Bond – A signed instrument whereby the signer promises to pay a certain sum of money if he does or fails to do some particular act.

Brief – A legal document submitted to a Chancellor, not filed in the record, which presents the law and facts supporting a parties position in a case.

 

C

Calendar – A list of cases to be heard on a given day by the court. Sometimes called the "docket".

Calendar Call – The reading aloud of the cases for the day, in open court, to determine the status of each case.

Capias – A writ or order by the court directing an officer to take into custody the person named in the writ or order.

Caseload – The number of cases a Chancellor handles.

Cause of Action – A legal claim.

Certified Copy – A copy of a document or legal paper on which the person who holds the original has signed and stated that this copy is true, correct and exact.

Certiorari – A procedure for removing a case from a lower court or board to a higher court for review.

Chancellor – The name given to the judge of the Chancery Court.

Chancery – Equity, equitable jurisdiction, a court of equity.

Change of Venue – Moving a case from one court, or location, to another.

Chattel – An article of personal property, as distinguished from real property.

Civil Law – All law that is not criminal law.

Clerk – The official (Clerk & Master) and his or her employees who maintain the court records.

Code – A collection of laws promulgated by legislative authority.

Common Law – A system of jurisprudence based on precedent rather than statutory laws.

Complaint – A pleading which sets forth a claim for relief.

Contempt – A willful disregard or disobedience of a public authority.

Contempt of Court – An act committed by a person subject to a court order in which he or she intentionally disregards or disobeys the provisions of the order.

Coram Nobis – In our presence, before us. The office of "writ of coram nobis" is to bring attention of court to, and obtain relief from errors of fact.

Cross-Complaint – A pleading filed by a defendant setting forth a cause of action against a complainant or any other named party in the original action.

Custody – The care or keeping of anything or person.

 

D

De novo – "Anew." A completely new trial.

Declaratory Judgment – A judgment declaring the rights of the parties on a question of law.

Decree – A decision or order of the court. A final decree completes the suit; an interlocutory decree is provisional or preliminary.

Default Judgment – When a party against whom a judgment or affirmative relief is sought has failed to plead or otherwise defend, he is in default and a judgment may be entered against him by the court.

Defendant – A person against whom a civil action is brought.

Delinquency or Delinquent – The same meaning as arrearage or arrears.

Dependent and Neglected Child – A child who is without proper guardianship.

Deposition – Sworn testimony taken outside the courtroom.

Discovery – A pretrial proceeding where a party to an action may be informed of the facts known by other parties or witnesses.

Dismiss – The termination of a case.

Distrain – To take as a pledge property of another, and keep it until he performs his obligation.

Docket – A book containing entries of all proceedings in a court.

Due Process – Constitutional guarantee that an accused person receives a fair and impartial trial.

Due Process of Law – A course of legal proceedings according to those rules and principals which have been established in our system of justice for the enforcement and protection of private rights.

 

E

En Banc – "On the bench." All Chancellors sitting together to hear a case or proceeding.

Estoppel – "Estoppel" means that party is prevented by his own acts from claiming a right to detriment of the other party who was entitled to rely on such conduct and has acted accordingly.

Et Al – Abbreviation of the Latin "et alter" meaning and others.

Evidence – Any species of proof, or probative matter, legally presented to the court.

Exculpatory – Clearing or tending to clear from an alleged fault.

Exhibit – An item of physical or tangible evidence which is to be or has been offered to the court for inspection.

Ex Parte – A proceeding brought for the benefit of one party only without notice to or challenge by an adverse party.

Error Coram Nobis – Error committed in the proceedings "before us".

 

F

Facias – Latin for "that you cause". Generally used with Latin words directing an officer of the court to "cause" or make something happen.

Feme Sole – A single woman.

Fieri Facias – Latin. Means that you "cause (it) to be done." A writ of execution commanding the sheriff to levy and make the amount of a judgment from the goods and chattels of the judgment debtor.

Finding of Fact – Determinations from the evidence of a case, either by a court or an administrative agency.

Foreign Judgment – One rendered by the courts of another state or country.

Fraud – An intentional perversion of the truth.

 

G

Garnishment – The process in which money or goods in the hands of a third person, which are due to a defendant, are attached.

Guardian – A person legally charged with the power and duty of managing the estate and affairs of a person.

Guardian Ad Litem – A person appointed by a court to manage the interests of a minor or incompetent person who is involved in litigation.

 

H

Habeas Corpus – Latin phrase meaning "You have the body." A writ of habeas corpus requires that a person be brought before a Chancellor.

Habeas Corpus Ad Testificandum – A common law writ meaning, "you have the body to testify". Used to bring up a prisoner detained in a jail or prison to give evidence before a court.

Hearsay – A species of testimony given by a witness who relates, not what he knows personally, but what others have told him or what he has heard said by others.

 

I

In Camera – In chambers, in private.

Incarcerated – Imprisoned, confined to a jail or penitentiary.

Income Assignment – The process by which the income due or to be paid to an employee is, for the purpose of paying child support, is withheld by the employer by court order.

Indigent – Without available funds, usually used in connection with a person who is unable to pay costs in a legal proceeding.

Injunction – A court order prohibiting specific actions from being carried out.

Instanter – Immediately, directly, without delay, at once.

Interrogatories – Written questions which must be answered under oath.

 

J

Judgment – The final determination by a court.

Judgment, Conditional – A judgment whose force depends upon the performance of certain acts to be done in the future. Usually a third party for failure to comply with a garnishment.

Juris – Latin. Of right, of law.

Jurisdiction – The authority designating the limits and bounds of the legal right by which a Chancellor exercises his authority to make lawful decisions. The power or right to act.

Jurisprudence – The science of law.

Jury – A certain number of men and women selected according to law and sworn (jurati) to inquire of certain matters of fact and declare the truth upon evidence to be laid before them.

Jury Charge – The instructions of the jury by the Chancellor on matters of law, their duties and their obligation under law.

Jury Commissioner – Local official responsible for collecting lists of qualified prospective jurors for submission to the court.

Jury Instructions – A direction given by the Chancellor to the jury concerning the law of the case in general or some aspect of it which the jury is bound to accept and apply to the case.

Jury Unanimity – The agreeing completely of each juror to the verdict.

 

K

 

L

Letters Rogatory – A request by one Court of another Court in another jurisdiction, that a witness be examined upon interrogatories sent with the request.

Limited Jurisdiction – Courts limited in the types of cases they may hear.

Lis Pendens – A pending suit.

Lis Pendens, Notice of - A notice filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and that they are in danger of being bound by an adverse judgment.

Litigant – Person or group engaged in a lawsuit.

 

M

Malicious – Done with wicked or mischievous intentions or motives without just cause or excuse.

Mandamus – Latin. We command. A writ which issues from a court of superior jurisdiction that commands the performance of a particular act.

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

Marital Dissolution Agreement – An agreement entered into by divorcing parties in which they set out their agreement as to such things as child support, alimony, and division of jointly-held property.

M.D.A. – Marital Dissolution Agreement.

Minute Book – A record kept by the clerk for the purpose of recording the actions and decisions of the court.

Mitigating Circumstances – Do not justify or excuse an offense, but may be considered as reasons for reducing the degree of blame.

Mittimus – Latin. "We send." The name of a writ issued from the court, directed to the sheriff commanding him to convey a person to prison, and to the jailer, commanding him to receive and safely keep such person.

Motion – Oral or written request before, during or after a trial on which a court issues a ruling.

Moot – Unsettled or undecided.

 

N

Ne Exeat – A writ which forbids a person from leaving the county, the state, or the jurisdiction of the court.

Negligence – The absence of ordinary care.

Nonsuit – A term applied to a termination of an action which does not adjudicate the issues on the merits.

Nulla Bona – Latin. "No goods." The name of the return made by the sheriff to a writ of execution, when he has not found any goods of the defendant he could levy on.

Nunc Pro Tunc – Latin. "Now for then." An entry made now of something actually previously done to have effect of the former date.

 

O

Opinion – The statement by a Chancellor/Judge or court of the decision reached in regard to a cause tried or argued before them, expounding the law as applied to the case, and detailing the reasons upon which the judgment is based.

Opinion, per curiam – Phrase used to distinguish an opinion of the whole court from an opinion written by only one judge. (Usually from an appeal court)

Order – A mandate, command or direction issued by the court.

 

P

Pauper’s Oath (In Forma Pauperis) – An oath by a person stating that he is without money to pay the necessary costs of litigation.

Pendente Lite – Pending a trial.

Peremptory Challenge – Procedure for rejecting prospective jurors without reason.

Personal Property – Any movable or intangible thing that is subject to ownership and not classified as real property.

Petition – An application made to a court requesting the court to take some type of action. It is in writing and states the facts and circumstances of the request.

Plaintiff – A person who brings an action, the party who complains or sues.

Plea – A pleading.

Possession, Writ of – Writ of execution employed to enforce a judgment of land.

Posthumous – That which is done after the death of a person.

Power of Attorney – Document authorizing another to act as one’s agent or attorney in fact (not an attorney at law).

Prima Facie – Latin. At first sight, on the first appearance, on the face of.

Probate – The legal process of establishing the validity of a will and settling an estate.

Pro Bono – Legal services provided without attorney fees.

Pro Corpus – Latin. For the body.

Pro Hac Vice – The process where a lawyer unlicensed in this state is admitted to practice in this jurisdiction for a particular case only.

Pro Se – Legal representation of oneself.

Protective Order – An order of court whose purpose is to protect a person from further harassment or abusive conduct.

Pro Tem – "Temporary."

Publication - To make public, to make known to people in general. The term "publication" is both a business term and a legal term meaning communication of libelous matter to a third person. For service of process – The publication of a summons as an advertisement in a newspaper as a means of giving notice of a suit to a defendant.

 

Q

Quash – To overthrow, to abate, to vacate, to make void.

Quia Timet – Latin. A complaint filed by a party who seeks the aid of the court of equity, because he fears some future probable injury to his rights or interests.

Quiet Title – A proceeding to establish the plaintiff’s title to land by bringing into court an adverse claimant.

 

R

Real Property – Land and anything growing on, attached to it, excluding anything that may be severed without injury to the land.

Recess – A short interval during which court suspends business, but without adjourning.

Remand – To send back.

Record on Appeal – The technical record, as provided in Rule 24 (g), T.R.A.P.

Replevin – An action whereby the owner or person entitled to repossession of goods and chattels may recover those goods or chattels from one who has wrongfully distrained or taken such goods or chattels.

Replevy – In reference to the action of replevin, to redeliver goods which have been distrained, to the original possessor of them, on his pledging or giving security to prosecute an action against the distrainer.

Rescind – To abrogate, annul or void a contract.

Restraining Order – An order in the nature of an injunction which may issue upon filing of an application for an injunction forbidding the defendant from doing the threatened act until a hearing on the application can be had.

 

S

Scire Facias – Latin. A judicial writ, founded upon some matter of record such as a judgment or decree, requiring the person against whom it is brought to show cause why the party bringing it should not have the relief sought.

Sentence – A judgment formally pronounced in court by the Chancellor upon the defendant after his conviction in a criminal prosecution, stating the punishment inflicted.

Sentence, Concurrent – Two or more sentences which run at the same time.

Sentence, Consecutive – Two or more sentences which run one after another.

Sentence, Determinate – A sentence that states exactly the time served or money to be paid.

Sequester a Jury – To place members of a jury into seclusion until a verdict is reached.

Settlement Conference – A meeting between parties of a lawsuit, their attorneys and a Chancellor to attempt a resolution of the dispute without a trial.

Statute – A law created by the Legislature.

Stay – Halting a judicial proceeding by order of court.

Subpoena – A written legal notice requiring a person to appear in court and give testimony.

Subpoena Duces Tecum – A process by which the court commands a witness to produce specific documents or records for a trial or hearing.

Summons – A leading or initial process method of serving notice on a defendant informing him of the lawsuit.

Supersedeas – The name of a writ containing a command to stay the proceedings at law.

Surety – The person who promises to pay money in the event the principal fails in the performance of certian duties.

 

T

Tangible Evidence – Evidence which consists of something which can be seen or touched.

TE – Transcript of Evidence.

Third Party Complaint – A complaint filed by a defendant against a person not presently a party to the lawsuit.

Technical Record – That part of the transcription on appeal which is prepared by the clerk of the court.

To Wit – That is to say.

TR – Technical record.

Transcript of Evidence - This is the Court reporters transcription of the proceedings at a trial.

T.R.A.P. – Tennessee Rules of Appellate Procedure.

T.R.C.P. – Tennessee Rules of Civil Procedure.

Trust – A legal entity created by a grantor for the benefit of designated beneficiaries.

 

U

 

V

Vacate – To annul, set aside, cancel or rescind.

Venire (To come) – Most commonly used to refer to a group of jurors summoned to court for duty.

Venire Facias (To cause to come) – The writ used to summons jurors to appear in court.

Venue – The specific county, city or geographical area in which a court has jurisdiction.

Verbatim – Word for word.

Versus – Latin. "Against".

Vested – That which has become a completed, consummated right for future enjoyment.

Voir Dire – (pronounced "vwar-deer") "To speak the truth." The process of preliminary examination of prospective jurors regarding their qualifications.

 

W

Waive – To abandon, renounce or repudiate a claim, a privilege, a right, or the opportunity to take advantage of some defect, irregularity, or wrong.

Waiver – The intentional or voluntary relinquishment of a known right.

Writ – A written court order directing a person to perform or refrain from performing a specific act.

Writ of Mandamus – An order issued by a court of superior jurisdiction commanding performance of a particular act by an inferior court or public official.

 

X

 

Y

 

Z

 

Revised 05/28/04TK