Non-insolvency proceedings in which an applicant or creditor attempts to make a debtor`s future salary dependent on its claim. In other words, the creditor seeks to have part of the debtor`s future salary paid to the creditor for a debt owed to the creditor. Residence – The place where a person has permanent legal residence. A person may have several residences, but only one residence. Filed in open court – Court documents included in the file during court proceedings. Support person: In a case of domestic violence, the person who claims to be a victim of domestic violence can choose someone, a support person, to provide moral and emotional support. The accompanying person does not need to have any special training or qualifications. The support person may sit with the person in protection at hearings if the person in protection does not have a lawyer, but he or she cannot give legal advice or advocate for the protection of the person. The support person may also go with the protected person for custodial mediation or mediation referral. For more information on caregivers, see article 6303 of the Family Code. Bail – cash or security sent to secure the release of an accused in criminal proceedings by ensuring his future presence in court and forcing him to remain within the jurisdiction of the court. Motion to Quash Service of Subpoenas: A legal response that a tenant may file in an action for unlawful detention if the tenant believes that the landlord did not properly serve the subpoena and complaint.

Moot: A point or question related to a legal case that usually has no practical meaning or relevance to the case. A point of contention is one that cannot be resolved by the judge, that is not disputed by either party or that is settled amicably. A written description of the proceedings in a case, including all pleadings, evidence and evidence filed in the course of the case. Evidence: Any evidence lawfully presented to the court through witnesses, records and/or evidence. Points and authorities: Also called “P and A”. “Points and Authorities” refers to the written legal argument given to support or reject an application. It contains references to previous cases, laws (codes) and other legal statements that emphasize either the legality of the requested request or the legal basis for the court`s rejection of the claim. There are a number of specific means, including: contractual measures; legal remedies; illegal acts such as bodily harm, assault, invasion of privacy, fraud, defamation, negligence, intentional infliction of emotional stress; and lawsuits such as unjust enrichment and quantum meruit. An insolvency document that contains basic information about the debtor, including the name, address, chapter under which the case is filed and the estimated amount of assets and liabilities.

The law as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Sole custody: A type of court order in which one of the parents has the legal authority to make the most important decisions that affect the child, such as health care, education and religion. If the parents do not agree on a decision concerning the child, the parent with sole custody has the right to make the final decision. “Sole custody” does not give one parent the right to move with the child without informing the other parent, unless the court order expressly gives that right. Custody: The right and responsibility of a parent to make decisions about a child`s health, education and well-being. There are two types of custody orders: joint custody and sole custody. Good reason: A good reason. For example, a party must have a good reason (better than not having a car or babysitter) for not showing up for a hearing. Lockout: When a landlord locks a tenant out of the rental unit to end the tenancy.

Lockouts and all other self-help eviction measures are illegal. Waiver – In extradition proceedings, a form signed before a judge in which a defendant voluntarily submits to recovery by a foreign court, waiving his or her constitutionally guaranteed rights. Disposition: An agreement relating to ongoing legal proceedings between the parties or their lawyers. Will – A legal statement that holds a person`s property at the time of death. A written statement filed as part of a court or appeal process that explains the legal and factual arguments of a page. A judge`s written explanation of the court`s decision. Since a case can be heard by three or more judges of the Court of Appeal, the opinion in appeal decisions can take various forms. If all the judges are in complete agreement on the outcome, a judge will write the opinion for everyone. If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may write separately in dissenting or concurring opinions to express their views.

A dissenting opinion contradicts the majority opinion on the basis of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion is consistent with the decision of the majority opinion, but provides further comments or clarifications, or even a very different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also the previous one. Pro hac vice: The status of an attorney who receives a special permit to try 1 case in California because he is admitted to the bar in another state. Reporter – Records court proceedings, creates a transcript and publishes court opinions or decisions. Genetic testing: A medical test to determine legal ancestry. (See also blood test.) The defendant to a plea must file a “response” to the complaint in which the claims can be admitted or rejected (including rejection based on insufficient information in the complaint to form a response).

The response may also include counterclaims in which the “counterclaimer” invokes his or her own grounds. Finally, the response may contain affirmative defences. Most objections must be raised at the earliest possible opportunity, either in the response or upon request, or are deemed to have been resolved. Some objections, in particular the lack of substantive jurisdiction of a court, do not require and can be raised at any time. Void contract – A contract that has no legal effect and cannot be performed under any circumstances. For example, a contract to commit an illegal act is void. Attachment: A legal procedure that allows you to withhold part of a person`s salary and/or assets for the payment of a debt. Garnishments on wages or income are usually involuntary. (See also Direct deduction from income, deduction from income, deduction from wages.) Surrogate mother: a person who replaces the legal parent to advocate for a child`s rights and special educational needs; can be selected by the child`s parents or appointed by the local education agency (LEA). A lawyer can`t help you take your case to court if you don`t have a cause of action. The court cannot hear your dispute or make a decision without a valid cause of action.

If you decide to go to court without just cause of action, the court may reject your claim and order you to pay the costs. Divorce: The common name of a legally terminated marriage. There are reasons why public policy allows only certain grounds for action. People still suffer loss or injury, but if someone were allowed to sue someone without having a reasonable cause of action, the courts would be obstructed by hearing every case before them. This would mean that people who have a clear and defensible record might not get the justice they deserve. Criminal contempt – Criminal contempt is an act committed in disregard of the court or its trial, or that interferes with the administration of justice or tends to discredit the court. Criminal contempt can be direct or indirect. Direct contempt involves disorderly or scandalous conduct in the presence of the judge who interferes with the course of a court case; He is summarily punished (i.e.

without a hearing) by a fine or imprisonment. Indirect contempt involves deliberate disobedience to court orders outside the court that tend to obstruct justice. For example, refusal to enforce lawful court orders, service of trial, withholding of evidence, and bribery of a witness are considered indirect criminal contempt.