Glossary of Legal Terms & Definitions
- 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 very helpful and made my experience amazing”
My experience with CHM was great. Highly Recommend them for your services. Darin was very helpful and made my experience amazing.
Cassandra R - Google Review
“Extremely knowledgeable in his field of practice”
Tim is extremely knowledgeable in his field of practice. If you’re in one of those AZ cities that are still part of that “good ol’ boys” club, this is the man you need. He’s aggressive and confident in handling issues in arenas where you won’t get a fair shake. He’s your guy. One call, that’s all. You’re stuck with me now buddy!
Dino Flinstone - Google Review
“Their dedication and expertise ensured a favorable outcome”
I highly recommend this team for their exceptional professionalism and compassionate approach. They guided us through a challenging time with clear communication and unwavering support, making the process much easier for our family. Their dedication and expertise ensured a favorable outcome, and we are truly grateful for their outstanding service.
Armando Diaz - Google Review
“I appreciate everything more than they will ever know”
Both my attorney Judie Rettelle and paralegal Whitney Stricker made a very difficult situation in my life (a divorce with 2 young children involved) a bit easier with first and foremost, their kindness to me and patience with me. I appreciate everything more than they will ever know. They were also extremely knowledgeable on all fronts and extremely prompt and detailed with their communication. I function the same way, so that really helped a lot. Thank you both again for everything. No one wants to have to go through a divorce, but if it happens, you need someone you can trust and count on – CHM and Judie/Whitney specifically – are those people.
Jennifer kelley - Google Review
“They worked fast and hard to win my case”
They helped me and provided me with outstanding service. They worked fast and hard to win my case. I’m very grateful. Thank you!
Miguel Gomez - Google Review
“Nothing but good things to say about my experience.”
I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
Lauren Koontz - Google Review
“His expertise was what made this a smooth ride”
My experience at CHM was the best yet, Darin was an excellent help to my messy custody case from start to finish. His ability to convey complex legal matters in a clear and compassionate manner. His expertise was what made this a smooth ride. I highly recommend CHM to anyone seeking any type of legal assistance.
Annabel Pacheco- Google Review
“He handled my contested divorce with such professionalism and skills”
I was lucky to work with Attorney Tim Hintze on my family law matter, and I can’t thank him enough for the help he provided. He handled my contested divorce with such professionalism and skill, which really put my mind at ease. His guidance throughout the legal process was incredibly valuable, and he made sure to take care of every little detail in the court orders. Having Attorney Hintze by my side gave me so much peace of mind. He really listened to my concerns and offered thoughtful solutions. I would wholeheartedly recommend Attorney Hintze to anyone dealing with legal challenges, and I will always appreciate his support.
Ezequiel Magana- Google Review
“She was knowledgeable and patient but educated as well”
Juanita was absolutely wonderful and a pleasure to meet. She was knowledgeable and patient but educated as well to be more involved and aware of our case. Thank you, Juanita, for being a blessing to us! May God continue to bless you tenfold!
Cassandra Hemphill- 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
” She did an excellent job”
Juanita did an excellent job helping my family, we got the answers we needed and the info she gave us was easy to understand.
Jeremy Standfill - Google Review
“She’s very helpful and treated me with respect”
I would highly recommend Juanita. She helped me understand what was happening at all times. very helpful and treated me with respect.
Mary B - Google Review
“I’m Very grateful for the wonderful Service “
Very grateful they took care of my request in a timely manner very quickly and efficiently.I would recommend anyone needing family attorney assistance.
BRE - Google Review
“He was excellent, Worth Hiring for “
David was excellent at keeping me informed along the route, responding to all of my inquiries and questions, reassuring me that everything was proceeding as planned, and he established reasonable expectations. The conclusion pleased me.
Martin - Avvo Review
“She was able to take my worries and fears off my shoulders”
There is not a single mother out there who is ever prepared for the phone call from the local police department. That phone call can change your life. I got into contact with Jessica Hernandez of Colburn Hintze and Maletta and she was able to take my worries and fears off my shoulders. She worked extremely hard to get the results that my son needed and got him released with probation. She was able to set my mind at ease and she continued to remind me that these actions of my son did not define the person he is. What a gift to have someone defend my child and at the same time not make me feel like I was judged as a bad parent or a failure. Thank you Jessica for taking him on and for never giving up on him. Thank you for being an amazing attorney and for always taking my questions.
Brandy Waldeck- Google Review
“His knowledge and client-centered approach had a significant positive influence”
Tim’s commitment to my case was demonstrated by his timely responses and attention to detail. Thanks to Tim, I felt secure and equipped to handle the difficulties of my child support case. His knowledge and client-centered approach had a significant positive influence, providing the greatest possible conclusion for my family and me.
Merlene - Avvo Review
“He gives sound advice and also what is in the best interest of the client”
Aside from being a genuinely nice person, David Maletta is an excellent lawyer. He gives sound advice and also what is in the best interest of the client. I highly recommend his services.
Robert Carolina - Google Review
” I’m really happy with the customer service”
I am a family therapist and I like to use CHM to help my clients who are going through legal issues in family court. I am impressed by the staff’s knowledge and their willingness to help every client. Thanks to CHM!! I’m really happy with the customer service I received from Juanita Pena when I called for some assistance in referring clients to your agency. With the help of Juanita and the CHM team, we were able to get our family law questions answered to help our clients with their custody and immigration needs.
Aracelia Sanchez - Google Review
“She was very helpful”
Juanita Pena was very helpful in answering questions regarding family law. She clarified any concerns we had in a cordial manner.