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.
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Because I was accused of felony DUI, we recruited David Maletta. The case was dropped to a misdemeanor DUI because of David Maletta’s excellent work. David Maletta went above and beyond to significantly improve a terrible situation because he genuinely cared about the case’s result. We are very grateful for all of his assistance. I would strongly suggest David Maletta to anyone facing a DUI offense.
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Jessica Hernandez is my lawyer. She did an awesome job in everything, especially asking questions to the opponent and me. I can’t thank her enough for the care she showed me throughout the whole case and she’s really good at explaining and guiding me in this kind of case. She’s an outstanding attorney and we won the case. She was so smart and very detailed in everything and she’s well prepared to defend me that the judge and my opponents’ attorney didn’t even ask questions to me. I thank David for giving me Jessica to represent me, and also to the whole team for doing a great job. If you need lawyers, I highly recommend Colburn Hintze Maletta PLLC.
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Lauren, is a fantastic attorney and understands the judges quirks and perspectives very well. She is great at communicating with you the expectations and ground work that you will need prior to going to court in order to assist in helping you win your case. The tips and advice she gave me proved to be paramount in setting up my custody battle case to show trends and disprove the oppositions arguments prior to going in front of a judge. Lauren has an excellent team of paralegal that understand her expectations for preparing for court and they work around the clock to ensure that you feel comfortable with the materials and game plan strategy. During some financial hardships that I experienced last year due to a layoff, not only did Lauren and CHM allow me to go on a payment plan but Lauren personally reached out to her personal network to help me find employment. That was a WOW factor, because it showed me that I am valued as a client but more importantly she believed in my cause and valued me as a person. I have kept Lauren services since 2022 following her as she switched law firms and will continue to use her and her team as needed for any other family law issues. She is deeply valued and appreciated in my family making the family Christmas card mailing list.
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Darrin Colburn represented my brother-in-law in a divorce case. He could not have been happier with the support and result achieved. From start to finish the process was seamless and exceeded his expectations.
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I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.