Glossary of Legal Terms & Definitions
- Fiduciary A person or company that has contractually agreed, or a court has appointed, to manage the money or property of another. For example, a trustee or an executor of an estate.
- Fiduciary Duty A legal obligation that requires a party to act in the best interest of another party. For example, a trustee has a fiduciary duty to the beneficiaries of a trust.
- Filing Fee The predetermined fee courts require for filing various documents with the court.
- Garnishment (Garnish) A court ordered remedy whereby the property or money of the debtor is taken and applied to the debt until it is paid off.
- Grand jury A group of people gathered prior to criminal charges being filed against a person to hear and determine if the prosecution has probable cause to prosecute someone for a felony.
- Guardian A relative or third party appointed by a will or by the law to assume responsibility for minor children or incompetent adults.
- Guardian ad litem Latin for a court appointed guardian of a child or incompetent person to look out for their best interests throughout a legal proceeding.
- Habeas corpus A writ of habeas corpus is filed to bring a prisoner before the court for any of the following reasons: to determine the legality of their imprisonment; to allow them to argue there is not sufficient cause to imprison them; to give testimony, or to be prosecuted.
- Hearing A formal proceeding held before trial to discuss issues of law or of fact. They can be used to narrow down the issues needed to be argued at trial or to help facilitate settlement.
- Hearsay Information a witness obtained secondhand from another source which they then try to testify to at trial. Unless it falls under an exception, hearsay is usually not admissible as evidence.
- Lawsuit A legal action originating with a complaint where a plaintiff claims a defendant failed to perform a legal duty owed to them, resulting in harm to the plaintiff.
- In Loco Parentis A Latin phrase referring to a person treated as a parent by a child, and that has established a meaningful parental relationship with them over a period but are not legally or biologically their parent.
- Indictment A written accusation submitted to the court by a grand jury, after hearing the prosecution’s evidence, charging a person with committing a crime.
- Indigent a person who cannot financially afford their own legal representation, so the court will have to appoint an attorney to represent them.
- Initial appearance In a criminal case, it is when a defendant first comes in front of a judge to determine if there is probable cause for their arrest and to establish release conditions.
- Initial hearing In a criminal case, it is when the judge informs the defendant of the charges against them, their rights moving forward, and decides what bail will be.
- Injunction An order from the court stopping another party from performing a specific act to prevent or mitigate damage or injury.
- Interrogatories A set of questions included in a party’s discovery request to the opposing party that is required to be answered in writing under oath.
- Interview A meeting between parties to ask questions and gather information.
- Joint and several liability When multiple parties are found liable for an injury and either of them can be held liable to pay the total amount of damages if the other liable party cannot afford to pay.
- Joint Legal Decision Making When neither parent has superior decision-making authority except for things specifically identified by the court or the parents in the final judgment.
- Judge A government official appointed to regulate legal proceedings and decide lawsuits brought before the court.
- Judgment The final determination by the court of each parties’ respective rights and obligations to the other.
- Jurisdiction The geographic area or type of case a court has authority to hear and decide a case on. For example, a bankruptcy case can only be heard in federal bankruptcy court. If a case meets certain criteria, then it can be heard in both state and federal courts. The party initiating the action(...)
- Jury A group of six to twelve people, unless otherwise agreed to, that is sworn to hear and determine the outcome of a case after hearing both sides’ arguments.
- Law clerk (staff attorney) An attorney that assists judges with researching case law and writing opinions for cases.
- Legal aid Organizations that may provide legal services to people or businesses which are unable to afford an attorney otherwise.
- Litigation The judicial process of bringing a lawsuit in a court of justice for the purpose of enforcing a right or a law.
- Living will A written legal document that instructs others how a person wants certain medical treatments handled if they ever lose consciousness, are disabled to the point where they cannot make the decision themselves, or end up on life-support.
- Magistrate A term that broadly refers to all judges or a judicial officer that assists U.S. district court judges in preparing cases for trial.
- Maintenance Also known as alimony, is money paid by one spouse to the other to financially support them as they did during marriage while they are going through a divorce or separation.
- Mediation A form of Alternative Dispute Resolution that allows parties to an action to informally resolve a dispute without going through the court system.
- Misdemeanor A criminal offense less serious than a felony punishable by fine or imprisonment for less than one year.
- Mistrial A mistrial is declared when a fundamental error occurs during a trial and a new jury must be selected to restart the trial.
- Moot A moot case or point is one that has already been resolved prior to needing a court decision, leaving nothing left for a court to decide.
- Motion A written request submitted to a court or judge requesting a ruling or order in that party’s favor.
- Motion to Dismiss In a criminal case, a motion to dismiss is a written request, typically filed by a defendant, arguing that the case should be thrown out for a violation of their rights or other legal issue.
- Negligence Failure to act in a way that a reasonable and prudent person would under similar circumstances.
- No-fault Divorce Arizona is a no-fault divorce state, meaning parties can get a divorce regardless of the cause and without fault assigned to either party.
- Nolo Contendere A term meaning “no contest.” In a criminal case, it has the same effect as pleading guilty, but is not considered an admission of guilt, rather the defendant does not wish to contest the charges.
- Non-custodial Parent A child’s parent that has no legal custody of them or is not the primary caretaker.
- Notary Public A state authorized person who can administer oaths or certify documents.
- Notice of Appearance A written document filed with the court informing the other parties of their or their lawyers’ involvement in the case.
- Oath A solemn pledge by someone that a statement is true or that written documents are true/correct.
- Objection A challenge by an attorney of a statement or question made at trial that a judge must decide whether to allow or overrule.
- Opinion The written explanation of the court’s final decision on a case. When multiple judges hear a case, they can write a concurring opinion agreeing with the result or they can write a dissenting opinion disagreeing with it.
- Oral Argument An opportunity for a party or their attorney to appear before the court to present their argument and answer any questions.
- Panel Refers to either a group of appellate judges assigned to hear a case or a group of potential jurors.
- Paralegal (legal assistant) A person working under the supervision of a lawyer who has special training but does not have a law degree.
- Parties The opposing sides of a lawsuit.
- Petitioner The person who originally files a lawsuit or action, or appeals a lower court judgment.
- Plaintiff Another term for a person who originates a lawsuit or action.
- Plea A defendant’s response to the charges made against them, it can be any of the following: guilty; not guilty; or nolo contendere.
- Plea Deal/Bargain/Agreement An agreement in a criminal case where the defendant pleads guilty in exchange for lesser charges, a dismissal of charges, or a recommendation of a more lenient sentence.
- Pleadings The written complaint and answer filed by the parties in a civil case of their positions.
- Precedent A court decision decided in a previous case with factual and legal similarity to a current dispute before the court, unless a party shows it was wrongly decided or differed significantly from the current case. Precedent can be binding, meaning it must be followed, or non-binding, meaning(...)
- Preliminary hearing A legal proceeding, similar to a grand jury, done before trial in which a prosecutor presents the evidence to a judge in an attempt to show there is probable cause a person committed a crime. If the judge does not find probable cause, the charges are dropped.
- Presumed Father A person the law considers the legal father of a child because of their legal relationship to the child’s mother during pregnancy, such as being married to the mother.
- Pretrial conference A meeting before trial between the judge and parties or their lawyers to discuss the following: the status of the case and defense investigation, outstanding discovery issues, plea negotiations, pre-trial motions, and setting a timeline for the case and trial.
- Pro Bono Work done for no compensation by an attorney for the public good.
- Pro Se A Latin phrase meaning “on one’s own behalf.” A person appears pro se when they choose to represent themselves with no help from an attorney.
- Probable Cause The burden of proof that must be met prior to arresting a person or obtaining a search warrant from a judge. Based on the totality of the circumstances, an officer must reasonably believe that a crime has been committed and that the person being placed under arrest was the one who(...)
- Probate The legal process of gathering and distributing assets to beneficiaries mentioned in a deceased person’s will, and the paying of any final debts and taxes.
- Probate Court The court that supervises the probate legal process of establishing the validity of a will and distributing assets.
- Probation An alternative to imprisonment where a convicted defendant is allowed to walk free under supervision as long as they observe certain conditions.
- Prosecute When a prosecutor charges someone with a crime.
- Prosecutor An attorney that represents the government in criminal cases and has the responsibility of deciding who to prosecute. The prosecutor represents the state during criminal legal proceedings, including trial.
- Public Defender A government lawyer who represents defendants accused of a crime if they cannot afford an attorney of their own.
- Reasonable Doubt In a criminal case, a prosecutor must prove the defendant is guilty beyond a reasonable doubt. If they cannot prove a case beyond a reasonable doubt, then the defendant is entitled to an acquittal. This is the highest burden of proof in the legal system.
- Record A written recording of all proceedings and actions in a lawsuit.
- Remand When a case is appealed to an appellate court, it is reviewed for any procedural errors. If errors are found, the court will send, or remand, the case back to the lower court for further proceedings, which may or may not change the final decision. A remand in the context of Grand Jury(...)
- Reporter A person who makes a written record of all court proceedings, prepares transcripts, and publishes opinions/decisions.
- Respondent The term used for the person against whom an appeal of a court decision is brought or a term for the person answering a complaint in a civil case.
- Retainer An amount of money paid to an attorney to reserve them for when a client needs their services at a later date.
- Reverse When an appellate court finds an error with a lower court’s decision, the appellate court will set aside or reverse the decision and remand the case back to the lower court to issue a new decision.
- Rules of Evidence The standards governing the form and admissibility of evidence in a civil or criminal case.
- RURESA The Revised Uniform Reciprocal Enforcement of Support Act: a statute that assists in establishing and enforcing support obligations when parents reside in different states. This act has been adopted by most states.
- Search Warrant A court-issued document, supported by probable cause, which allows the police to search specific locations for specified items.
- Self-help In the legal field, self-help refers to a person choosing to attempt to enforce their rights outside of the legal system. In the realm of family law, parents may attempt to use “self-help” to set a visitation schedule without court intervention. The downside to self-help in this context(...)
- Sentence After a criminal defendant is found guilty, the court orders or sentences them their punishment, which, among other terms, may include prison, jail, probation, and fines.
- Separation Agreement A written document created in a divorce proceeding that determines parental/child contact, child support, and parental rights without granting a divorce.
- Settlement When the parties to a court action, including a criminal or family law case, resolve their differences without going through a formal trial.
- Standard of Proof A standard by which a party must prove their case in court. In a civil case, the plaintiff must prove their case by a “preponderance of the evidence” or “clear and convincing evidence.” In a criminal case, the prosecutor must prove their case “beyond a reasonable doubt.”
- Standing A person or group’s legal right to bring a lawsuit or legal challenge.
- Statement After a person has witnessed a crime or incident in which the police are called, the police will ask that person to give a statement of their experience. That statement may be written or oral.
- Statute A term that refers to a law passed by the state or federal legislature.
- Statute of Limitations A law that designates the amount of time after an incident a party has to file an action in court or be prohibited from bringing the cause of action. In criminal law, most crimes have a set amount of time within which the prosecutor must bring charges against the accused.
- Stipulation An agreement between the parties of a lawsuit or other court action in which they agree certain laws or facts are assumed true and relevant.
- Subpoena A court order forcing a person to appear at trial or produce documents, or face penalties ordered by the court.
- Summary Judgment When, before the trial occurs, a judge decides there is no dispute as to the facts of the case and a party is entitled to a judgment as a matter of law.
- Summons A court issued document demanding a person appear in court or respond to a lawsuit, or risk having a judgment filed against them or a warrant issued for their arrest in the context of a criminal case.
- Temporary restraining order A temporary order issued by the court to prevent immediate and irreparable damages or loss in an emergency.
- Testify When a person answers questions in court as a witness.
- Testimony The answers a person gives when testifying as a witness in a case. Testimony is considered evidence in a trial.
- Tort When a person or entity breaches a duty to another person causing a civil wrong or injury.
- Transcript An exact written record of what was said in a trial or other proceeding related to a case.
- Trial A legal proceeding that happens when a defendant pleads “not guilty” and challenges the state’s evidence in front of a judge or jury. A trial occurs if opposing parties are unable to reach an alternative resolution.
- Trust A legal device set up by a person or business to help manage real or personal property for the benefit of another.
- Trustee The person or entity appointed in trust documents to manage the real or personal property put into a trust.
- U.S. Attorney (federal prosecutor) A federal government attorney appointed by the President of the United States in each judicial district to prosecute and defend cases for the federal government.
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Client Testimonials
“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
“Felt very confident after talking with with them both”
It was recommended to consult with Tim and Darin here. Absolutely phenomenal! Very professional and friendly, took my concerns very seriously, and helped me find a resolution that was in my best interest. Felt very confident after talking with with them both.
Ty Harp - Google Review
“He was amazing every step of the way. Super friendly and professional”
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!
Chase - Avvo Review
“He is professional, knowledgeable, and kind”
I am so grateful for the support I received from Tim when I needed it the most. He is professional, knowledgeable, and kind. I felt so much better knowing he was in my corner and fighting for the best possible outcome. He prepared for every scenario and made sure I was protected. I highly recommend this firm.
Audra Johnson - 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
“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
“I strongly recommend him to any party seeking outstanding counsel concerning divorce issues “
Darin is a thorough and attentive attorney who truly cared about the process and ultimate result/decision regarding my case. I strongly recommend Darin to any party seeking outstanding counsel concerning divorce issues.
Pete - Avvo Review
“Excellent service, Highly recommended”
I highly recommend this team for their professionalism. compassion, and understanding. They explained each process step by step.
Daniel Velasco - Google Review
“They were very professional”
I had a great experience with this law firm, they were very professional from the first touch to the resolution of my case, and fully recommended.
Eduardo Domínguez - 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
“They handled my case very well”
I had a very great experience with Colburn Hintze Maletta PLLC, they handled my case very well and the process was smooth. definitely will be recommending it!
Ezrah Laina - Google Review
“He was very thorough and professional all the way through”
Dave Maletta Attorney represented me in a legal matter and he did an excellent job. He was very thorough and professional all the way through. I would highly recommend his services and his firm. He and his firm did an excellent job apprising me every step of the way about what to do what to expect and the legal process. I very much appreciate his help and I would recommend his services and his firm very strongly as I feel I received a high value for the legal services I requested.
Roger Donohue - Google Review
“He brought me great success and left me with peace of mind”
This is an upstanding law firm with the highest level of character and integrity. My family law attorney, Henry, was very knowledgeable and wise. My situation was very complex with lots of moving parts and he expertly navigated everything from beginning to end. Henry is a great steward and never wasted a single hour of the time I paid him for. He also has a commanding presence in the courtroom. Henry is very discerning and will lead you through the most difficult situations with compassion and empathy. He brought me great success and left me with peace of mind when all that other attorneys had done for me is leave me with debt. I don’t usually leave reviews, but I’m telling you: please call Henry.
Christopher Burke - Google Review
“Wonderful & smooth experience”
Want to give a big thanks to Juanita for a wonderful & smooth experience. I highly recommend her. Thank you again CHM team!
Meriam Bolivar- Google Review
“He is bright, articulate, thorough and always on top of things”
Darin pulled off an amazing series of complicated negotiations for me, with my ex-wife, over a two-year period, with a final very favorable outcome. He is bright, articulate, thorough, and always on top of things. He was an excellent straight-up communicator. I feel very fortunate that he represented me.
John Beck- Google Review
“She was truly amazing, very helpful, and extremely friendly”
Juanita was truly amazing, very helpful, and extremely friendly. Definitely, someone you want to have an interaction with, she is definitely on your side! Thank you so much Juanita you are amazing!
Daisy Martinez - Google Review
“I was impressed with his knowledge and quick response to my needs”
David Maletta is very detailed in his explanation of legal procedures. I was impressed with his knowledge and quick response to my needs. He instantly made me feel at ease. He is very professional, caring, and trustworthy. I highly recommend his services.
Diane Matelich - Google Review
“David was relentless in his pursuit of my son’s innocence”
We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.
Shawn H. - Google Review
“They provide outstanding legal services”
Colburn Hintze Maletta PLLC provided outstanding legal services. Their expertise and dedication were evident from our first consultation through to the successful resolution of my case. They were attentive to my needs, responsive to inquiries, and navigated complex legal issues with confidence. I highly recommend them for anyone seeking reliable and knowledgeable legal representation.
Izac - Google Review
“Because of Darin I got my daughter back”
Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!