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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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 Tim Hintze is your man. You have to respect a man that listens to every per request that you make on a case and he gets in there and get 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.
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I had a great experience working with attorneys Alysa and Kimberly. They were both very professional and helped me through the whole legal process. Making it as easy as possible for me even while I was out of state they represented me and I couldn’t be happier with the outcome. They also made me part of the team they didn’t just treat me like a client they took my input and really listened to everything I said. They were awesome and I will continue to recommend them and their office to anyone. If you need someone in your corner definitely reach out to them!
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I couldn’t be happier with Colburn Hintze Maletta PLLC. David and Tim were fantastic, —professional, knowledgeable, and always available to answer all my questions. Their exceptional customer service made a huge difference throughout the process. I highly recommend them for anyone needing legal support.
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I couldn’t be more impressed with the professionalism and expertise. From the initial consultation to the resolution of my case, they demonstrated a deep understanding of the law and a commitment to achieving the best outcome for me. Their communication was clear and timely, and I always felt well-informed and supported throughout the process. I highly recommend for anyone seeking reliable and effective legal representation.
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I cannot recommend Mr.Castillo enough. As a survivor of domestic violence, I needed an attorney who was not only knowledgeable and experienced but also compassionate and understanding. Mr. Castillo exceeded all of my expectations. He listened to my story with empathy and kindness and guided me through the legal process with clarity and expertise. He was always available to answer my questions, address my concerns, and offer support when I needed it most.Thanks to Mr.Castillo, I received the justice and protection I deserved. If you’re going through a similar situation, please don’t hesitate to reach out to them.
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Just want to share my experience with CHM, it’s been really amazing despite my situation, they have answered all my questions thoroughly and made this process very easy for me, I definitely recommend it to anyone and I can’t thank their team enough for making this process smooth. They are very thorough when speaking and they are reassuring as well, it makes it easy to work with them.
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I had gone in to see a lawyer for my DUI. My attorney was Jessica. Let me just say she was an amazing attorney I could’ve asked for, I really thought I was going to do 3 years in prison & thanks to her I only did 1 day in jail. That’s just wow a big WOW !! I truly can’t thank her enough for what she did. She’s amazing if you ever get a DUI ask for Jessica. Can’t go wrong with her, she is outstanding! One more thing, Kiara is an amazing helper. She and Jessica are both great. Kiara answered all the questions I had. You can just say I’m so thankful I had them helping me out with my case.
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Mr. Dave Maletta represented me in a legal matter that I had no idea where to start at. I contacted his office and they were very polite and made me feel comfortable from start to finish. Mr. Maletta was very thorough and professional! He returned my calls when I would leave a a message. He made me feel like I was his number 1 priority. Thank you again to the CHM office for everything you all did for me! I will definitely be recommending others to this place.
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David Maletta representing me made me very delighted. He is a very impressive man! He was outstanding throughout the entire process. Superbly cordial and expert. Having him on my side made all the difference in the world. I couldn’t have imagined a better result. I advise him to everyone who is facing legal difficulties. I appreciate all of your effort.
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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.
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I was extremely happy with having David Maletta represent me. He is one hell of a guy! He was amazing every step of the way. Super friendly and professional. Having him on my side made all the difference in the world. I couldn’t have asked for a better outcome. I recommend him to anyone who is going through a legal struggle. Thank you for all of your hard work!
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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
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We hired David Maletta because of a felony DUI offense that had a mandatory minimum sentence of four months in prison. David Maletta did an amazing job and got the charge reduced to a misdemeanor DUI. The sentence for the misdemeanor DUI was only one day in jail with time served. David Maletta really cared about the outcome of the case and he went above and beyond to make a horrible situation much better. We cannot say thank you enough for all of your help and expertise. If we ever need legal representation again or if I know anyone else who requires legal representation, my first call will be to David Maletta.
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I appreciate Attorney Lauren Bostick because of all she did for my family, and words cannot describe the joy I feel making a decision to have her as my attorney. She was a ray of light for me and my children when all hope appeared infeasible. She was available to walk me through and was very kind to help with my questions. Thanks a lot from the deepest part of my heart for all you have done for me and my family and may God bless you. My children and I are eternally grateful and strongly recommend Attorney Lauren Bostick.
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From the start, working with David Maletta and his team of professionals, I was quickly put at ease. I was accused of a felony charge for speeding. I asked my most trusted professionals who they knew, and David Maletta was their number one choice. David not only fought for me, but he gave me the confidence I needed to worry less about the accusation, allowing me to focus on my home and work life.
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“He demonstrates a high level of confidence through his genuine attempt to do what is best for his client.”
To put my trust in someone to protect and defend me, who I never knew, was a tremendous leap to take. From the beginning of our interaction and throughout this process, Tim demonstrated credibility. He is methodical: and follows through on his initial commitment to turn over every stone. He is systematic: he plans and organizes his strategy, by not only following the rule of law but keeping me informed on outcomes and next steps in the process while providing objective, realistic advice. He is strategic: he directs his interrogations and arguments by reviewing data, and preparing for and adapting to circumstances within the trial. He demonstrates a high level of confidence through his genuine attempt to do what is best for his client.
Diane - Avvo Review
“She is a fierce advocate who will fight to protect you”
Lauren Bostick is an extremely skilled, competent, and compassionate attorney! She is a fierce advocate who will fight to protect you, your family, and your rights! I could not have picked a better attorney and highly recommend her for any family law matters. Her exceptional work deserves commendation.
jydiaz30 - Google Review
“He is a professional, who listens well and works very efficiently”
I am truly happy that I contacted Timothy Hintze for help in my stressful divorce case. He is a professional, who listens well and works very efficiently. I am grateful to him from the bottom of my heart for his patience, judgment, kindness, and desire to help, and most importantly, the ability to solve my problem and ensure my peace of mind for the future. Thank you!