Glossary of Legal Terms & Definitions
- Acquittal An acquittal is a jury’s verdict that a criminal defendant is found not guilty, or the finding of a judge that the evidence is insufficient to support a conviction, thus dismissing the criminal case completely.
- Adjudication An adjudication is the final binding decision by a judge or other trier of fact after they have heard the opposing party’s arguments, which determines each parties rights and obligations.
- Administrative Agency An administrative agency is a branch of the federal or state government that administers and enforces laws pertaining to specific areas, such as the IRS with taxes.
- Admiralty Law Admiralty law is the collection of regulations and laws that oversee the transportation of persons or property by sea.
- Admissible Admissible refers to evidence that a judge or jury may consider at trial in civil and criminal cases because it is deemed reliable and relevant to resolving the issue.
- Affidavit An affidavit is a voluntary written or printed statement of fact confirmed by the person making it, either by notarization or administered by an authorized officer of the court.
- Affirmed A judgment is affirmed when a party appeals an adjudication to an appellate court and it determines the judgment was correctly made.
- Alimony Alimony is the financial obligation one spouse must pay to the other to help support them after a divorce or separation.
- Allegation An allegation is a party’s statement of what they think happened and what they hope to prove moving forward in a case.
- Alternative Dispute Resolution Alternative dispute resolution is when the parties to a dispute can resolve the problem without having to appear for a trial in front of a judge or jury. The most common methods are mediation and arbitration.
- Amicus Curiae An amicus curiae is a party not directly involved in a case that may provide information or evidence to the court to help clear up a matter of law or inform the court of their position on the matter. In Latin amicus curiae means “a friend of the court.”
- Annulment An annulment is a determination by the court that at the time of marriage there was some issue or error preventing a legal marriage from being established, thus the parties were never legally married.
- Answer Refers to the written response of a person being accused in a civil case admitting or denying the allegations made against them and providing any defenses they may have.
- Antenuptial An antenuptial, also known as a prenup, is an agreement made before marriage which indicates how each party would like to divide property or assets if they divorce or one party dies. Do not confuse this with a will or trust, which is an agreement made during marriage on how property or(...)
- Appeal An appeal is a request made by a party who disagrees with the final ruling after trial and wants a supervisory court to review the trial to overturn the decision.
- Appearance An appearance is when a party consents to the court’s jurisdiction by appearing in the case either on their own behalf or through an attorney to make their case.
- Appellate court An appellate court reviews the procedure and judgment of a lower court when a party appeals the final decision.
- Arbitration An arbitration is a form of alternative dispute resolution where an arbitrator will act like a judge, hear both sides of the dispute and make a decision. There are two forms of arbitration: binding voluntary arbitration (cannot appeal decision) and mandatory non-binding arbitration (can(...)
- Arbitrator An arbitrator is a disinterested person, usually an attorney, selected by the parties to an arbitration or by the court to hear the case and make a determination based on the evidence without having a formal trial.
- Arraignment An arraignment is the first appearance with a judge in a criminal case where the charges against the defendant are read and a defendant is asked to plea guilty or not guilty. Release conditions may be set at this time.
- Arrears Arrears are money that is overdue to be paid; typically refers to child support or alimony that has not been paid on time.
- Articles of Incorporation Articles of incorporation are documents that are required to be filed with the state to incorporate a business. Typically, they include general information about the company, including name, address, and purpose. Many states have websites where you can develop and submit these documents(...)
- Bail The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
- Bail Is money or property put up to get a criminal defendant released from jail, which is supposed to ensure they appear at all required court appearances.
- Bankruptcy Is a federal legal proceeding involving people or businesses that cannot pay their debts and are seeking help from the court to rid them from those obligations, sometimes by paying a portion of each debt.
- Bar In the legal field, a bar refers the association that regulates the lawyers allowed to legally practice within a jurisdiction.
- Bench trial A bench trial is a trial without a jury where the judge makes the final determination. A jury trial is where a jury determines the facts of a case. A bench trial is only allowed in certain misdemeanor cases or when a Defendant waives their right to a jury trial.
- Beyond a reasonable doubt In a criminal case, the prosecution is required to prove this standard to the jury in order to convict the defendant of a crime.
- Binding precedent Refers to the decisions made by higher courts, which set the legal standards lower courts must apply when handling cases that are similar and have the same issues. All district courts are bound by the decisions of the appellate courts which review their cases, and all courts, state and(...)
- Brief A brief is a written document containing the summary of the facts of the case, pertinent laws, and a party’s argument applying the law to the facts.
- Burden of proof In a court case, the burden of proof is the obligation placed on one of the parties to prove their claims in order to get a decision in their favor. For example, a prosecutor has to prove a criminal claim beyond a reasonable doubt in order to convict a criminal defendant of a crime.
- Canons of ethics Canons of ethics are the ethical standards attorneys must follow in the practice of law.
- Capital offense A capital offense is a crime which can result in someone being sentenced to death, such as treason or first-degree murder.
- Case law Is law established from previous decisions by appellate courts or the Supreme Court of the United States that are used in writing an argument in a brief or answer.
- Case number The number assigned by the court to identify one case from another.
- Cause of action The factual situation which provides a legal right to bring a claim in court for damages and compensation.
- Certified copy A certified copy is a copy of a document that is authenticated and certified as a true copy of the original document by the person who is in possession of the original.
- Certiorari Granting a writ of certiorari is the legal equivalent of agreeing to do something. A higher court, such as the Supreme Court of the United States, grants a writ of certiorari to review a lower court’s procedure and decision.
- Charge In a criminal case, the Defendant gets charged with committing a crime. The charge is the law the defendant is accused of breaking.
- Circumstantial evidence Is when a principal fact is inferred from one or more circumstantial facts. For example, a judge or jury can infer a person committed a crime if they are seen running away from the scene of the crime.
- Civil law or civil case A civil case involves private parties or businesses suing each other under law not regulated by a state or federal government.
- Class action A class action is a case brought by an individual or two on behalf of a larger group of people.
- Clearinghouse An organization located in one spot that monitors, receives, and disburses child support-IV-D payments.
- Client security/protection fund Is a fund established by the Supreme Court of Arizona to help people hurt by the dishonest conduct of licensed Arizona attorneys by reimbursing them for loses they have sustained.
- Closing Usually refers to purchasing and selling of real estate. It is the final exchange where the parties exchange the agreed on amount for the title and deed.
- Code of Professional Responsibility The ethical rules attorneys are required to follow when practicing law.
- Common law is the original legal system, based on court decisions, that originated in England and was brought over to the United States when it was first forming. United States common law varies by state, the three types are: English; French; and Spanish.
- Compensatory damages Is money awarded to compensate someone for losses suffered. Typically, it is for damages that can be measured, such as medical bills or replacing property, but can also include harder to measure damages, such as pain and suffering.
- Complainant In a civil case, the complainant is the party alleging the offense and brining the lawsuit.
- Complaint The complaint is the initial document filed to begin a case. It lists the facts of the case, the relevant law, and the action the filing party is asking the court to take.
- Conciliation A conciliation is a form of alternative dispute resolution in which a neutral third party tries to help resolve a case without proceeding through the court system, similar to a mediation.
- Constable A constable is an elected official directed by the Justice of the Peace to deliver and return legal notices/documents.
- Contempt of court A person is found in contempt of court when they willfully disobey or disrespect the court or a judge’s command and interfere with the administration of justice. Someone found in contempt of court can face financial sanctions and, potentially, jail time.
- Contingency fee A contingency fee is the amount a lawyer agrees to be paid out of the damages awarded to their client. Typically, filing fees and other costs associated with working the case are not considered part of the contingency fee amount.
- Continuance A continuance is a request by a party for the court to postpone a legal proceeding to a later date.
- Contract A contract is a legally enforceable agreement made either orally or in writing between two or more parties creating an obligation to do or not to do a particular thing. A contract can be formed by orally agreeing to do something, signing an agreement, or by performing your part of the(...)
- Conviction In a criminal case, a conviction is when someone has been found guilty of committing a crime.
- Copyright A copyright is a legally enforceable authority someone was given to prevent other people or businesses from copying things they have written, authored, or created.
- Corporation A corporation is a legal entity authorized by a state to conduct business or other activities within the state. Similar to an individual person, a corporation can perform actions necessary to carry on business, such as enter into contracts or sue/be sued. Typically, those who own a(...)
- Counsel Is another word for attorney or lawyer in a case, a person who can give legal advice.
- Counterclaim In a civil case, a counterclaim is made by the Defendant against the Plaintiff alleging they did something to cause or aggravate the issue.
- Court A court is an entity established by the federal or state government to resolve legal disputes.
- Court costs Are the costs associated with arguing or defending a court case, not including attorney fees. For example, the costs associated with filing the complaint or the costs for hiring a process server.
- Court reporter A court reporter is a person who works for the court who transcribes word-for-word what is said in a court proceeding or deposition and produces a transcript of the proceedings upon request.
- Crime Someone commits a crime when they do an action forbidden by a state or federal statute or regulation.
- Criminal justice system All the courts and tribunals established to handle enforcement of criminal law.
- Cross-examine When a witness has finished being questioned by the attorney who asked them to testify and the opposing attorney starts questioning them.
- Damages Damages are money the court has awarded to the injured party in a court case.
- Debtor A debtor is a person or business that owes a monetary amount to another person or business.
- Decree Another word for the court’s final decision on a case.
- Deed A legally enforceable written document that outlines and describes the boundaries of a property.
- Default A defendant is found to be in default when they fail to appear after receiving the summons and answer the complaint.
- Default judgment Default judgment is entered when a defendant is found to be in default and awards the opposing party what they are requesting.
- Defendant Is the person accused of a crime or being sued for an action that has to defend themselves in a legal proceeding.
- Delinquent Act When a minor commits an act that would be considered a crime if committed by an adult.
- Department of Economic Security (DES) An Arizona agency tasked with overseeing and coordinate IV-D payments and public assistance programs.
- Dependency A dependency action begins when children are removed from their parents’ home for safety or general welfare concerns. During a dependency action, a court will determine whether the parent is fit to care for the child or if their parental rights should be severed.
- Deposition Oral or written testimony taken outside of court, under oath, of a witness or a party to be used later as evidence or read in court.
- Disbarment Disbarment is when a lawyer’s license is revoked, either temporarily or permanently, for unethical conduct.
- Discipline Agency An agency established by the state to investigate complaints against lawyers and, if necessary, enforce an appropriate punishment. These agencies cannot help recover fees paid or force lawyers to reimburse for losses suffered.
- Discovery The gathering of facts and documents possessed by other parties or witnesses before trial in order to prepare arguments for trial.
- Dismissal A court or party dismisses a case when they find there is not enough evidence to proceed.
- Dismissal with prejudice When a good reason exists for dismissing a case and the plaintiff is forbidden from bringing the same claim again.
- Dismissal without prejudice When a case is dismissed for a lack of supporting evidence, but the same claim may be brought later in a new suit.
- Docket (trial docket) A list of cases and matters to be completed in those cases assigned to a specific judge, or a list of court proceedings the judge has that day.
- Domicile A person’s permanent residence or their home to which they intend to return.
- Double jeopardy When a criminal defendant may not be tried a second time for the same crime where the prosecution failed to convict through no fault of the defendant.
- Due process Constitutionally, a person cannot have their basic rights taken away by the government without receiving their day in court.
- Duty of Support Parents of an unemancipated natural or adopted minor child have an obligation to financially support them until they reach the age of 18, unless the child is still attending high school or a certified equivalency program, then they must continue to support the child until finished. If a(...)
- Emancipation A process where a child, due to age or circumstance, requests a court to declare them legally independent from their parents.
- En Banc Is Latin for “in the bench” or “full bench.” It is a term used when an entire appellate court or the U.S. Supreme Court sit to hear a case, instead of only a portion.
- Equal Parenting Time An agreement between parents that equally splits the children’s time between them each year.
- Equal Protection Clause The Fourteenth Amendment to the U.S. Constitution provides that state government institutions must equally apply the law to each person regardless of preference or class of persons over another.
- Evidence Evidence is testimony or documentation presented by either party to the judge or jury to support their argument and persuade them to rule in their favor.
- Ex Parte Ex parte is a Latin phrase for when a party asks for relief from the court without providing notice to the opposing party. Typically, an ex parte proceeding is done to obtain orders of protection.
- Exhibit An exhibit is documentation, such as a report or photograph, or physical evidence, such as a gun, presented at trial in support of one party’s argument.
- Expert witness A third party not directly involved in a legal proceeding who has specialized knowledge of a subject and is asked to testify on how that knowledge applies to the case. For example, an expert on poison could testify about the type of poison used to kill someone.
- Expungement Expungement is a legal process that allows a person convicted of a crime to petition a court to destroy any record of the case from court records, so it is like the case never existed.
- Extradition When a state or country agrees to turnover an accused criminal to another state or country.
- Felony A felony is a serious criminal offense punishable by imprisonment for more than one year or by death.
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“He was excellent and very professional “
My first engagement with David was for a DUI case, and he was excellent. David was professional, compassionate, and knowledgeable about DUI legislation. He communicated quickly and with great attention to detail. David helped me feel prepared and optimistic about my position. His skills and client-focused approach dramatically reduced my stress and assisted me in achieving a positive conclusion.
William- Avvo Review
“He walked me through every step with compassion”
My experience with Tim through my messy custody case was one that made me feel safe and understood when others wouldn’t. Tim walked me through every step with compassion, knowledge, and understanding. Thanks to Tim I have my son safe with me!!!
Hilario Serafin - Google Review
“They are excellent lawyers”
For me, they are excellent lawyers since in my family case they gave me exceptional service by winning custody of my daughter in my family case since I had almost everything lost, that is why I highly recommend them, thank you
Marcos Cabanas - Google Review
“Thank you Tim for showing empathy for my situation!”
I had a free consultation with Timothy Hintze, he’s super compassionate and takes the time to hear you out and answer questions. He’s very honest and based on that consultation I can tell her is quick to think on his feet. Unfortunately right now I can’t change my order or modify but definitely considering him once it’s time to modify my order in the future! Thank you Tim for showing empathy for my situation! I don’t get that a lot from lawyers.
Natalie Nat - Google Review
“They are truly the best in the business!”
Colburn Hintze Maletta is an absolute game-changer! Their expertise in both family and criminal law is unparalleled. From the moment I stepped into their office, I felt heard, understood, and confident in their abilities. Their team is incredibly knowledgeable, compassionate, and dedicated to achieving the best possible outcome. They went above and beyond to guide me through a complex legal process, providing clear explanations and unwavering support. I wholeheartedly recommend Colburn Hintze Maletta to anyone facing legal challenges. They are truly the best in the business!
Alex Morales - Google Review
“He was professional, knowledgeable, understanding and very patient”
Darin has been great!!! I unfortunately, had a very long and complicated divorce because of the circumstances involved. He was professional, knowledgeable, understanding and very patient. I would highly recommend him for any legal services he can provide.
Ann Gaston- Google Review
“Their communication and accessibility was outstanding”
I went through a divorce years ago and never felt confident enough to spend the money and energy in getting custody of my son, nor believe it was possible until I met with Alysa and Whittney at CHM. From beginning to end it was about an 18-month-long process, but it was well worth it and I would recommend them to anyone. I can’t thank them enough. Their communication and accessibility was outstanding. Not only did they give me my son back, but they gave him the best possible chance at life! Aly and Whittney, thank you!!!
Charlie Mic - Google Review
“Their service exceeded all expectations”
I recently had the pleasure of working with CHM, and I must say, their service exceeded all expectations. From their expert legal knowledge to their proactive communication and genuine empathy, every interaction with CHM was professional and supportive. They navigated my case with precision and kept me informed every step of the way, making a potentially stressful experience remarkably smooth. I highly recommend them for anyone seeking dedicated and effective legal representation.
Yadirha- Google Review
“I recommend her fully!”
I highly recommend Juanita. She will speak to you with compassion, respect, and transparency.
Jordan Woodruff - Google Review
“The entire process was very efficient and smooth and it put me at ease”
I worked with Juanita to prepare a will and other legal documents for me. The entire process was very efficient and smooth and it put me at ease, and also they were very helpful in answering all of the questions I had. I highly recommend Juanita for your legal needs.
Nykelia Massingale - Google Review
“Outstanding Family Law Attorney Office”
Outstanding Family Law Attorney Office the team provided exceptional service during a difficult time. Their professionalism, empathy, and expertise in family law were evident from start to finish. They were always responsive and offered clear, practical advice that made navigating my case much easier. I highly recommend them for anyone in need of a trustworthy and skilled family law attorney.
Lisa Carranza - Google Review
“He is truly the best”
I was new to AZ, and Scottsdale, when I was driving to the airport to pick up a friend coming to visit for the weekend. I was pulled over for a very minor traffic violation, which turned into a very surprising DUI arrest. I have only had one speeding ticket ever in my life, and I’ve never driven drunk before. I was confused how any of this had happened. Of course, as someone who doesn’t have any law issues, I wanted to have the best in my case. Luckily, I found Tim who truly is the best. I asked him many questions throughout our time working together and was very uneasy about the entire situation. He answered my questions and remained calm throughout the months it took to go to court. I was found not guilty of the DUI charges, and it was all thanks to Tim. I couldn’t recommend him high enough, he handled everything perfectly.
Megan - Avvo Review
“A job well done, Thank you!!”
I hired Darin after my ex abandoned our marriage. Darin put me in touch with a private investigator to serve papers to my ex that I’d filed seven days after she disappeared. No luck there, the P.I. could not find my ex, so Darin prepared me for a default case. Lo and behold, my ex surfaced and had a process server deliver legal papers to me. I emailed copies of the papers to Darin. We had a meeting where we detailed our response. A dispute resolution conference was set, and Darin gave great advice including a settlement proposal. We met with the opposing parties, my ex had hired a lawyer. The conference was a bust since my ex decided to claim a larger settlement, including personal property?! Darin assured me my ex had no valid claim to my personal property since I had gained them before the marriage. Before the next resolution conference, my ex upped her claim to approximately $1300/month for four years plus money from my personal property. She’d made unfounded allegations against me. I think she thought the allegations would be taken seriously even though there was no evidence to support her allegations. This is why she was asking for so much money and my personal property. She had been here in the U.S.A. for only two years and left two days after the approval of her ten year spousal green card.
An alternate resolution conference was set for April. The opposing council asked for an extension of my settlement proposal for $500 a month for one year and money to pay off the vehicle my ex took when she left. A judge pro tem presided over the alternate resolution conference. He asked questions of Darin, I and the opposing party. The process went well. All the advice given to me by Darin proved invaluable. The judge ended the conference when my ex finally accepted the settlement proposal. At the end I shook Darin’s hand for a job well done.
The process of my divorce took ten months and attorney’s fees but in my opinion was worth it to end a failed marriage.
Keith - Avvo Review
“She is very knowledgeable and is there with you through the whole process”
It was a pleasure working with Juanita Peña, she is very knowledgeable and is there with you through the whole process. Excellent customer service. I will be referring my family and friends.
Veronica Navarro - Google Review
“Thanks to him, we were able to achieve our goals and get the best outcome imaginable”
Tim is greatly valued by us. He is not only an excellent attorney; he is also a compassionate person who genuinely cares about the outcome of our case and the difficulties we are facing. Tim was always available to patiently answer my queries when traveling and promptly answered my emails and phone calls. We firmly think that Tim’s extensive knowledge of the legal system made him the most qualified person and attorney to help us navigate a difficult situation. Thanks to Tim, we were able to achieve our goals and get the best outcome imaginable. We are so appreciative that words are inadequate. I wholeheartedly suggest anyone in need of legal representation to get in touch with Tim and his company.
Amanda - Avvo Review
“I always felt heard and valued”
One of the standout features of CHM Law is its client-focused approach. I always felt heard and valued, and their communication was prompt and transparent. They kept me informed every step of the way, which significantly eased my anxiety throughout the legal process.
Terence Carroll - Google Review
“I cannot speak highly enough of her exceptional legal representation”
I recently had the privilege of working with Attorney Lauren Bostick, and I cannot speak highly enough of her exceptional legal representation. From the outset, Lauren demonstrated a remarkable balance of empathy and assertiveness, which truly set her apart. One of the most impressive aspects of Lauren’s approach was her unwavering empathy. She took the time to truly understand my situation and concerns, ensuring that I felt heard and supported throughout the legal process. Her compassionate demeanor provided much-needed reassurance during what was undoubtedly a challenging time. Moreover, Lauren’s assertiveness and tenacity were instrumental in securing a favorable outcome for my case. She navigated the complexities of the legal system with confidence and determination, advocating fiercely on my behalf. Thanks to her diligent efforts, I was able to achieve the custody arrangement I deserved and negotiate a fair settlement. In summary, Attorney Lauren Bostick is a consummate professional who goes above and beyond for her clients. Her combination of empathy and aggressiveness makes her a force to be reckoned with in the legal field. I am immensely grateful for her expertise and support, and I would highly recommend her services to anyone in need of legal representation.
Adam Kreman- Google Review
“She’s provided me with the best experience”
Juanita was outstanding throughout my whole process. She’s provided me with the best experience I could possibly have through the toughest times of my life. Her team is exceptional as well as very knowledgeable and caring firm!
Danelly Aleman- Google Review
“Very professional, very empathetic, and very responsive to all the issues.”
I had the opportunity to work with Darin during a very troublesome time in my life. As a family attorney, I found him to be very professional, very empathetic, and very responsive to all the issues I faced. I would recommend him to anyone without a second thought. Thank you, Darin!
Gary C. - Google Review
“We are incredibly grateful for all of his help and support”
I cannot recommend Henry Alzate highly enough for anyone seeking a family attorney. From our first consultation, it was clear that Henry is not only highly knowledgeable but also deeply compassionate. He took the time to understand the complexities of our situation and provided clear, practical advice every step of the way, our case was a nightmare and he never failed to reassure us that he had this handled. He demonstrated exceptional skill in handling our case, always keeping us informed and involved. Their professionalism, dedication, and attention to detail are truly impressive. Whether it was negotiating settlements with the other party or representing us in court, Henry was always prepared and tenacious, fighting for the best possible outcome for our family. Beyond their legal expertise, Henry offered emotional support and guidance during a VERY stressful time. They treated us with respect and empathy, making us feel valued and understood. If you need a family attorney who combines legal acumen with genuine care for their clients, look no further than Henry Alzate. We are incredibly grateful for all of his help and support. Thank you Henry for making a difficult process much more manageable and for achieving such a positive result for our family!! Also Jenifer was AMAZING too. If we have to go back to court I want them both on my team again.