We have provided an easy to understand glossary for Superior Court terminology.

OTHER LANGUAGES: Sacramento County Superior Court has provided online access to Legal Glossaries in several different languages, please follow this link to view those legal glossaries.

Glossary: Aa through Cc

- A -

ALIAS:

Otherwise called; another name.

ALLEGATION:

An unproved or as yet unknown statement or pleading.

ALLEGE:

To state, assert, or charge that something is fact, although it has yet been proven so.

AMEND:

To add to or alter a charge which has been filed.

ANSWER:

A written statement made by the defendant in a civil case in response to the charges or complaints filed.

AMICUS CURIAE:

Friend of the court.

APPEAL:

The procedure by which a person found guilty in a lower court can request that a higher court review the case for possible errors or injustices made during the original trial. A request for re-examination of the case.

APPEARANCE:

Appearing before a judge.

APPELLANT:

A person who appeals a judgment of the court.

ARRAIGNMENT:

The initial hearing after an arrest which marks the beginning of the judicial process. The accused is given a copy of the complaint, informed of the charges filed, and advised of constitutional rights. Bail is set at this hearing. The accused can, but does not have to, enter a plea at this time.

ARREST:

The legal apprehension of a person charged with a crime.

AD LITEM:

For the suit; for the purpose of the suit.

ATTACHMENT:

The procedure by which a person's property is restrained by the court to secure payment to the plaintiff on a judgment.

AUDIT:

An official examination of a account book.

AWARD:

To grant, concede, or adjudge to. To give or assign by sentence or judicial determination. Thus, a jury awards damages; the court awards an injunction.

- B -

BAIL:

A sum of money or other form of security demanded by the court (1) in exchange for the release of the accused from custody, and (2) to guarantee his/her later appearance in court.

BAIL BOND:

A document purchased from a bondsman which is given to the court instead of money for bail. Once signed by the defendant, he/she is released from custody on the condition that the amount will be forfeited should the defendant not appear in court at the required time.

BOOK (BOOKING):

A process done by police at the time of arrest which involves fingerprinting, photographing, and writing down personal data.

BREATH TEST:

A chemical analysis of one's breath to determine the percentage of alcohol fumes.

BRIEF:

A written or printed document, prepared by counsel to serve as the basis for an argument upon a cause in an appellate court, and usually filed for the information of the court. It embodies the point of law which the counsel desires to establish, together with the arguments and authorities upon which he rests his contention.

BURGLARY:

The breaking and entering the house of another, with intent to commit felony therein, whether the felony be actually committed or not.

- C -

CALENDAR:

An alphabetical, categorized list of each case to be heard in each courtroom every day. To calendar something means to assign a day, time and courtroom to a case.

CAL JIC:

California Jury Instructions, Criminal.

CAPITAL PUNISHMENT:

The taking of a person's life by the state as the legal penalty for criminal offense.

CASE:

A lawsuit or term used to describe any complaint filed in the criminal, traffic, civil or small claims division in a court.

CASE LAW:

The aggregate of reported cases as forming a body of jurisprudence, or the law of particular subject as evidenced or formed by the adjudged cases, in distinction to statutes and other sources of law.

CASH BAIL:

The full amount of bail set and paid to the court in cash.

CAUSE OF ACTION:

The facts which make the basis for case or lawsuit.

CAVEAT EMPTOR:

Let the buyer beware (or take care).

CERTIFICATION:

A written order by a judge which transfers a criminal case to another in a different jurisdiction.

CERTIFIED COPY:

A copy of a document or record, signed and certified as a true copy by the officer to whose custody the original is entrusted.

CHALLENGE:

The right of a party to object to or dispute something.

CHALLENGE FOR CAUSE:

Reasons given by an attorney for objections to a potential juror and the request that the judge disqualify and remove the person from the jury.

COMPARATIVE NEGLIGENCE:

That doctrine in the law of negligence by which the negligence of the parties is compared, in the degrees of "slight", "ordinary", and "gross" negligence, and a recovery permitted, notwithstanding the contributory negligence of the plaintiff.

COMPENSATORY DAMAGES:

The amount of money to be paid by one person to another which covers only the actual cost or equivalent cost of the wrong or injury caused.

COMPLAINANT:

A document submitted by the plaintiff, usually prepared by an attorney, which lists and describes (1) alleged offenses committed by the defendant; (2) ramifications, and (3) the desired conditions for correction of such offenses.

CONCLUSION OF FACT:

An inference drawn from the subordinate or evidentiary facts.

CONCLUSION OF LAW:

Within the rule that pleadings should contain only facts and no conclusions of law, meaning a proposition not arrived at by any process of natural reasoning from a fact or combination of facts stated, but by the application of the artificial rules of law to the facts pleaded.

CONCURRENT SENTENCES:

Sentences which are carried out at the same time, e.g. concurrent sentences of 10 years and 5 years equal a total of 10 years served.

CONFESSION OF JUDGMENT:

An entry of judgment upon the admission or confession of the debtor without the formality involved in an ordinary proceeding.

CONFIDENTIAL RECORD:

Any information introduced into a court proceeding that is not available to the general public.

CONFORM COPIES:

To make copies identical to an original, e.g. copies with duplicate signatures, duplicate dates.

CONSECUTIVE SENTENCES:

Two or more sentences served continuously, one right after another, e.g., consecutive sentences of 10 years and 5 years equal a total of 15 years served.

CONSIDERATION:

The inducement to a contract. The cause, motive, price, or impelling influence which induces a contracting party to enter into a contract. The reason or material cause of a contract.

CONSOLIDATION OF ACTIONS:

The assignment of two or more lawsuits against one person to the same courtroom, i.e., when a defendant is charged with a felony and a misdemeanor, one trial is held, rather than one trial in municipal court and another in superior court.

CONTEMPT:

A willful disregard or disobedience of a public authority.

COURTESY NOTICE:

A computer-printed notice sent to a defendant stating appearance date, bail information, etc.

CRIME:

An act which violates the law (see Public offense).

CRIMINAL:

One who has committed a criminal offense; one who has been legally convicted of a crime; one adjudged guilty of a crime.

CROSS-COMPLAINT:

A document usually submitted by the defendant which lists and describes offenses, ramifications and/or damages alleged against the plaintiff or a third party.

CROSS-DEFENDANT:

The person named in a cross claim as the defendant.

CROSS-EXAMINATION:

The examination and question of testimony given by a witness that represents the other side of controversy at a trial, hearing or deposition.

CUSTODY:

The legal right given to a person of official authority to exercise complete and immediate control over a person to insure appearance in court. Custody also refers to the actual imprisonment of the accused after a criminal conviction.

CUSTODY LIST:

A daily list provided by the county jail through the marshal's office giving the court the names of people in custody in various detention facilities who will be brought to court for hearings during the day.