GLOSSARY

Affidavit

A written statement of facts made by a person under oath.  Lying in an affidavit can result in a charge of perjury which could result in a fine and/or jail.

Affirmative Defense

A defendant's claim to dissolve himself or herself of liability even if the plaintiff's claim is true.

Alimony (Maintenance)

The money paid by one ex-spouse to the other for support under the terms of a court order or settlement agreement following a divorce. Except in marriages of long duration (ten years or more) or in the case of an ailing spouse, alimony usually lasts for a set period, with the expectation that the recipient spouse will become self-supporting. Alimony is called "maintenance" under Illinois laws.

Appeal

A request by either the prosecution or the defense that a higher (appellate) court review the decision of a lower (trial) court.

Appearance

Coming into court as a party to a suit, either as plaintiff or defendant.  A formal proceeding by which one submits himself to the jurisdiction of the court.

Assault

A crime that occurs when one person tries to physically harm another in a way that makes the person under attack feel immediately threatened. Actual physical contact is not necessary; threatening gestures that would alarm any reasonable person can constitute an assault. Compare battery.

Assets

Property of any kind, real or personal, tangible or intangible, legal or equitable.

Bail

The money paid to the court, usually at arraignment, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).  In Illinois, the amount of cash bail required is usually 10 percent of the bail amount set by the court. 

Battery

The willful and unlawful use of force on the person of another.  Every battery includes an "assault" which is merely an unlawful attempt or offer to use force to the injury of another.  "Assault" does not include "battery."  When the "assault" culminates in a "battery", the offense is "assault and battery".

Bench Trial

In criminal proceedings, a trial in which there is no jury and in which a judge decides all issues of fact and law in the case.

Bond

A document that guarantees the defendant will appear for future court dates as required and that records the pledge of money or property to be paid to the court if the defendant does not appear.

Burden of proof

A party's job of convincing the decision maker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury "by a preponderance of the evidence" that the plaintiff's version is true--that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty. 

Charge

An allegation that a specific person has committed a specific offense.  Charges are recorded in various charging documents such as a complaint, information, or indictment.

Circuit Court

A court that hears and resolves felony, misdemeanor, and juvenile cases as well as some noncriminal cases.  In Illinois, these trial courts are organized into 22 judicial circuits.

Circumstantial evidence

Evidence that proves a fact by means of an inference.  For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may  infer that the person committed the crime.

Compensatory Damages

Awarded for purpose of making injured party whole.

Conditional Discharge

A court-imposed sentence similar to probation, except that the level of supervision of the offender is limited. 

Contempt of court

Behavior in or out of court that violates a court order, or otherwise disrupts or shows disregard for the court. Refusing to answer a proper question, to file court papers on time or to follow local court rules can expose witnesses, lawyers and litigants to contempt findings. Contempt of court is punishable by fine or imprisonment.

Continuance

The adjournment or delay of a scheduled session of the court.

Conviction

A finding by a judge or jury that the defendant is guilty of a crime.

Docket

A list of the cases and hearings that will be held by a court on a particular day, week or month.

Domestic Violence Advocate

Any person (a) who has undergone a minimum of forty hours of training in domestic violence advocacy, crisis intervention, and related areas, and (b) who provides services to victims through a domestic violence program either on an employed or volunteer basis.  Also called domestic abuse advocate.

Domestic Violence Program

Any unit of local government, organization, or association whose major purpose is to provide one or more of the following: information, crisis intervention, emergency shelter, referral, counseling, advocacy, or emotional support to victims of domestic violence.

Domestic Violence Victim

Any person who consults a domestic violence counselor for the purpose of securing advice, counseling, or assistance related to one or more alleged incidents of domestic violence.

Ex parte

A judicial proceeding granted for the benefit of one party only.  The other party has not received notice of the proceeding so, therefore, is not present.

Felony

Crime or a graver or more atrocious nature than those designated as misdemeanors.

Full Faith and Credit

Constitutional requirement that a state accord the judgment of a court of another state, tribe or territory the same credit that it is entitled to in the courts of that state.

Hearing/Trial

An opportunity for both parties to tell the judge or jury their side of a dispute.  Some hearings are court ordered so missing them can result in being held in contempt of court.  For hearings which are not court ordered, failure to appear can result in the other side getting what they want in relief.

Hearsay

Any evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them. The basic rule, when testifying in court, is that you can only provide information of which you have direct knowledge. In other words, hearsay evidence is not generally allowed.

Illinois Attorney General

Illinois' top legal officer, who is elected to a four-year term by the voters statewide.  Although primarily involved in civil matters, the Attorney General's Office initiates some criminal proceedings and represents the state in criminal appeals before the Illinois Supreme Court and the U.S. Supreme Court.

Jurisdiction

The authority of a court to hear and decide a case.  For a state court to have jurisdiction over a person, generally, the person must either reside in the state or have committed an act in the state.

Law Enforcement Agency Data System (LEADS)

A statewide, computerized telecommunications system, maintained by the Illinois State Police, designed to provide services, information, and capabilities to law enforcement and other criminal justice agencies in Illinois.

May

Not necessarily.  The word "may" as appearing in a statute is to be construed as a possibility, not as a word of command. Compare to "shall." 

Misdemeanor

A crime of lesser seriousness than a felony where the punishment might be a fine or prison for less than one year.  

Motion

A written or oral request to the judge after a lawsuit has been started.

Order

A decision issued by a court.

Order to Show Cause

An order by a judge for a person to show up to a hearing to explain why he/she has not complied with a court order.

Paternity

Being a father. "Paternity suits" are filed when a man denies paternity of a child to an unmarried woman. New technology of DNA testing can establish paternity thus obligating the father to provide child support and addressing the issue of visitation.

Petition

A formal written document submitted to a court, asking for an order or ruling on a particular matter.  Petitions set out the facts, identify the law, and suggest a course of action for the court to order.

Petitioner/Plaintiff

The person who brings a case to court; who sues.

Plea

A defendant's formal answer in court that he or she is guilty or not guilty to the criminal offense charged or does not contest the charge.

Plea bargaining

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.

Preponderance

Used in civil cases and means the weight of the evidence that is needed on either side to win a case.

Preponderance of the Evidence

The degree or weight of evidence sufficient in the eyes of the court to render a proper verdict.

Primary Caretaker

The person whom a child resides with most of the time.  It is not who has custody of a child.

Probable Cause

A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a crime had occurred and that a particular person had committed it.

Pro bono

Provided for free.

Proof Beyond a Reasonable Doubt

Such proof as precludes every reasonable hypothesis except that which it intends to support and is inconsistent with any other rational conclusion.

Pro se

A person who represents herself in court, instead of hiring an attorney.

Public Defender

An attorney employed by the county for the purpose of providing free defense services to persons who cannot afford an attorney and are charged with a crime.

Reconsider

To look at again or to consider again.

Restricted (Supervised) Visitation

If a parent without custody poses a serious physical or emotional threat to his/her child(ren), he/she may receive what is called restricted or supervised visitation. Most of the time, the restriction or supervision will only last for a certain period of time.

Sentence

The punishment given to a person who has been convicted (i.e. found to be guilty) of a crime. It may be time in jail, a period of probation, and/or fines.

Serve or Service

The process where a person is officially notified of a pending lawsuit.

Shall

Must.  Obligated.  Ordinarily where a statute uses  the word "shall," its provision is absolute.  Compare to "may." 

State's Attorney/Prosecutor

The highest-ranking law enforcement officer in each county in Illinois.  The State's Attorney, who is elected to a four-year term by the voters in the county, commences and carries out all criminal and juvenile proceedings in the county.  Most counties have Assistant State's Attorneys to help prosecute persons charged with violating criminal laws.

Subpoena

A court order issued at the request of a party commanding a witness to appear in court at a certain time and place to give testimony.

Summons

A paper prepared by the petitioner and issued by a court that informs the respondent that he has been sued.

Vacate

To make useless or without force or significance.

Venue

The decision of which county in the State of Illinois is proper for a court case to be filed in and for the case to be ruled upon. Venue for a criminal case is normally the county where the crime was committed.

Verdict

The decision of a jury. In criminal cases, this is usually expressed as "guilty" or "not guilty". In a civil case, the verdict would be a finding for the petitioner or for the respondent.

Visitation

The period of time when the non-custodial parent gets to visit with her or his child.