Glossary of Terms
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This "Glossary of Terms" is not intended to be a definitive legal definition of terms, but, is merely provided to assist the public with general understanding of court terminology.
If you have a need for definitive legal definitions of these or any other legal terms, you should seek the services of an attorney.
Amendment: Alteration of a law or resolution.
Amicus Curiae: A Latin term which means "friend of the court".
Answer: The pleading of a defendant in response to a plaintiff's complaint.
Appeal: A request that a case be removed from a lower court to a higher court in order for the case to be reviewed.
Change of Venue: The movement of a case from one court of another court that has the same jurisdictional authority but is in a different geographic location.
Complaint: The initial written pleading on the part of the plaintiff of a civil case.
Consolidated Case: Cases within the same jurisdiction involving one defendant or the same litigants which are consolidated under one case number and disposed as one unit.
Clerk's Default: When a party against whom affirmative relief is sought has failed to file or serve any paper in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such paper.
Default judgment: An award given to a plaintiff because the defendant fails to appear or to be represented in his own defense.
Defendant: A person required to answer a complaint in a civil case. Also referred to as the respondent.
Deposition: The testimony of a witness through the question and answer process, which testimony is taken under oath by a court reporter.
Discovery: The various legal processes which allow litigants to discover important facts about an opponent's position in a lawsuit.
Dismissed with prejudice: A judgment dismissing a case because the plaintiff's contentions have not been proved and, furthermore, the judgment bars the plaintiff from future action on the same issue.
Dismissal without prejudice: A dismissal of a case not based on its merits and not preventing a future suit on the same issue.
Emancipation: The independence of a minor from parental control and custody, which independence gives the minor the legal status of an adult.
Eminent Domain: Power of the state to take private property for public use, providing the state make reasonable compensation for the property.
Foreclosure: The taking and selling of mortgaged property to enforce payment of debt which was secured by the property.
Habeas Corpus: A writ whose object is to bring a person before a court or judge.
In Camera: "In a room." In Camera proceedings are heard in a judge's private chambers or in a courtroom which has been cleared of all spectators.
Judgment: The final determination by a court of the rights of disputing parties to a lawsuit.
Jury trial: A trial in which a group of citizens is empanelled to determine the issues of fact in a case.
Malpractice: Negligent conduct by a professional person.
Mandamus: A common law writ from a court used to coerce a public official to perform duties that he is charged by law with performing.
Mediation: A process in which a neutral third party listens to the complaints and concerns of all parties to a dispute and then tries to assist those parties to reach an agreement that resolves those concerns. The mediator, unlike a judge, has no authority to impose a decision on the parties.
Mistrial: A trial which cannot stand in law because of lack of jurisdiction, wrong, drawing of jurors, or disregard of some other fundamental procedure.
Non-jury trial: A trial in which there is no jury and in which a judge determines both the issues of fact and law in a case.
Nunc Pro Tunc: A Latin phrase which means "now for then".
Oath: A solemn affirmation to tell the truth.
Petition: A written document filed in the court, initiating the case and requesting a decision in a matter described therein.
Plaintiff: A person who initiates a court action. Also referred to as complainant, claimant, or petitioner.
Preponderance of Evidence: The persuasive evidence which is necessary to prove one's case in a civil lawsuit.
Quash: To set aside.
Quasi Judicial: A term applied to "judicial" acts taken by Agencies and Authorities that are not really constituted as COURTS of law. As an example, a ruling handed down by a zoning board is a quasi-judicial ruling.
Redemption: The regaining of property.
Remand: To send back.
Replevin: A personal action brought to recover possession of goods unlawfully taken.
Reopened case: A case that has been reported previously as disposed, but is resubmitted to a court.
Rescind: To cancel.
Service of Process: The legal notification of the existence of a lawsuit to a defendant.
Settlement: The termination of a civil case before trial by the agreement between or among the parties involved.
Specific Performance: A legal remedy, which if decreed by a court, forces a party to perform a certain act in a specified way.
Stipulation: An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial.
Style of case: The parties to a law suit. who vs. who.
Subpoena: A document ordering an individual to appear in court and give testimony.
Subpoena duces tecum: A subpoena that orders a person to bring certain documents into court when he answers the subpoena.
Summary judgment: A judgment which is entered in favor of one party without a trial, as there are no real triable issues of fact.
Summary Reporting system (SRS): Florida State Courts System uniform case reporting system, pursuant to Section 25.075(1), Florida Statutes.
Summons: A court document directing a litigant to answer a lawsuit or suffer the risk of a default judgment.
Surety: A person who agrees to be responsible for the debt of another.
Transferred: A manner of disposition in which a judicial order transfers a case from one court to another before hearing or trial.
Verdict: The decision made by a jury or by a judicial officer concerning the matters at issue.
Void: No legal force validity.
Voir Dire: A preliminary examination of prospective jurors or witnesses to inquire into their competence. Literal translation is to speak the truth.
Waiver: The voluntary relinquishment of a privilege or a right.
Warrant: A writ or document which authorizes and directs the performance of a certain act (arrest, search or the payment of money).
**If you have any questions regarding these or other terms/abbreviations, please contact our Civil department at (352)540-6377.