| acceptance | The offeree's clear manifestation of agreement
to the exact terms of the offer in the manner specified in
the offer.
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| adoption | The taking of a child into the family, creating a
parent-child relationship where the biological relationship
did not exist.
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| age of majority | Age at which person attains full legal
rights.
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| agency adoption | Using an agency, either government or
private, but government-regulated, to facilitate the process.
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| alimony pendente lite (APL) | Temporary order for payments
of a set amount monthly while the litigation continues.
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| allegations | Facts forming the basis of a party's complaint.
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| alternative dispute resolution (ADR) | Method of settling a
dispute before trial in order to conserve the court's time.
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| appeal | Tests the sufficiency of the verdict under the legal
parameters or rules.
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| arbitration | Alternative dispute resolution method mediated
or supervised by a neutral third party who imposes a recommendation
for resolution, after hearing evidence from
both parties and the parties participated in reaching, that is
fully enforceable and treated in the courts the same as a
judicial order.
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| assisted reproductive technology (ART) | Procedure involving
the handling of both eggs and sperm in which
the eggs are surgically removed and combine with sperm
in the laboratory.
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| automatic stay | A stay that stops almost all collection actions
against the debtor at the time of the filing for bankruptcy
protection.
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| bench trial | A case heard and decided by a judge.
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| bigamy | One spouse knowingly enters a second marriage
while the first remains valid.
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| black market adoption | Illegal adoption.
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| blended family | Family made up of one or more parents
having been previously married and having children of that
previous marriage. Sometimes referred to as stepfamilies.
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| body | Main text of the argument section of the appellate
brief.
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| bridge-the-gap alimony | Alimony intended to aid the receiving
spouse's move from being married to being single.
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| capacity | The ability to understand the nature and signifi-
cance of a contract; to understand or comprehend specific
acts or reasoning.
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| caption | The full name of the case, together with the docket
number, court, and date of the decision.
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| case law | Published court opinions of federal and state
appellate courts; judge-created law in deciding cases, set
forth in court opinions.
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| ceremonial marriages aka traditional marriage | A marriage
between a man and a woman that was entered into by a
civil or religious ceremony.
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| Chapter 7 | Liquidation bankruptcy.
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| Chapter 13 | Individual reorganization bankruptcy.
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| checklist | Tool used in law offices to ensure that adequate
information is obtained from the client to properly complete
the task.
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| child custody | Arrangement between the parties for residential
and custodial care of the minor children.
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| child support | The right of a child to financial support and
the obligation of a parent to provide it.
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| child support guidelines | State statutory guidelines that
are used to establish how much child support should be
paid.
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| civil litigation | Lawsuits that do not involve criminal
prosecution.
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| closed adoption | A form of adoption in which biological
parents of the child have no contact with the child or the
adopting parents.
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| coercion | Compelling someone to do an act through physical
force or threat of physical force.
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| cohabitation agreement | A contract setting forth the rights
of two people who live together without the benefit of
marriage.
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| collusion | Illegally created agreement of the parties.
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| common law marriage | A form of marriage that is legally
recognized in certain states, if the two people have been living
together for a long period of time, have represented themselves
as being married, and have the intent to be married.
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| community property | All property acquired during marriage
in a community property state, owned in equal shares.
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| condonation | Defense in divorce based on spouse's awareness
of a ground for divorce but who expressly or impliedly
forgives those acts.
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| conflict of interest | Clash between private and professional
interests or competing professional interests that makes
impartiality difficult and creates an unfair advantage.
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| connivance | Defense in divorce action that is based on
the fact that one spouse allowed or consented to the other
committing the acts that are alleged as grounds for the
divorce.
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| consent decree | A decree that all parties to the case agree to.
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| consideration | Parol evidence is permitted to show that the
subject matter of the contract as received was not as it was
bargained for.
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| covenant marriage | The couples make an affirmative undertaking
to get counseling prior to the marriage and to seek
counseling if contemplating divorce.
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| de novo | Standard appellate review where the appellate
court reviews the facts and law independent of the trial
court's decision.
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| defendant | The party against whom a lawsuit is brought.
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| defense | Legally sufficient reason to excuse the complained of
behavior.
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| deposition | A discovery tool in a question-and-answer
format in which the attorney verbally questions a party
or a witness under oath.
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| discharge | Extinguishment of debts or obligations by legal
action.
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| discovery | The pretrial investigation process authorized
and governed by the rules of civil procedure; the process
of investigation and collection of evidence by litigants;
process in which the opposing parties obtain information
about the case from each other; the process of investigation
and collection of evidence by litigants.
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| dissipating | Wasting the marital estate.
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| divorce a mensa et thoro | Divorce from bed and board.
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| divorce a vinculo matrimonii | Total divorce.
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| domestic support obligation (DSO) | Phrase used in bankruptcy
code that describes support obligations.
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| domicile | The place where a person maintains a physical residence
with the intent to permanently remain in that place;
citizenship; the permanent home of the party.
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| duress | Unreasonable and unscrupulous manipulation of a
person to force him to agree to terms of an agreement that
he would otherwise not agree to. Also, any unlawful threat
or coercion used by a person to induce another to act (or to
refrain from acting) in a manner that he or she otherwise
would not do.
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| equitable adoption | Occurs when a person agrees to adopt a
person, but fails to take steps to do so, and a court rules
that the child was equitably adopted to prevent inequity
from occurring; also known as adoption by estoppel.
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| equitable distribution | Divides the assets acquired during
the marriage between the parties.
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| equity | The doctrine of fairness and justice; the process of
making things balance or be equal between parties.
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| ex parte | A communication between one party in a lawsuit
and the judge.
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| exempt property | Property that cannot be taken to satisfy
debts owed creditors.
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| expert witness | A witness who has special knowledge of a
subject based on education or experience in the field.
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| facilitated adoption | An adoption arranged by a facilitator.
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| family law | Area of the law that involves family-related
matters such as divorce, prenuptial agreements, postnuptial
agreements, adoptions, child custody, wills, and probate.
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| forum shopping | Plaintiff attempts to choose a state with
favorable rules in which to file suit.
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| fraud | A knowing and intentional misstatement of the truth
in order to induce a desired action from another person.
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| garnishment | Legal proceeding in which the court orders a
party who is indebted to a debtor to deliver the debtor's
property to creditor.
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| in personam jurisdiction | A court's authority over a party
personally.
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| in rem jurisdiction | A court's authority over claims affecting
property.
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| in vitro fertilization | Procedure by which egg cells are fertilized
outside the womb.
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| incest | Marriage/sexual relations between closely related
relatives or family members.
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| independent adoption | Adoptions arranged by intermediaries
as compared to agency adoptions; also referred to as
private adoption .
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| injunction | A court order that requires a party to refrain
from acting in a certain way to prevent harm to the requesting
party.
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| intangible property | Personal property that has no physical
presence but is represented by a certificate or some other
instrument, such as stocks or trademarks.
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| interrogatory | A discovery tool in the form of a series of
written questions that are answered by the party in writing,
to be answered under oath.
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| intestate | The state of having died without a will.
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| joint custodial arrangements | Detail the scope of the
shared parental responsibility, whether legal, physical,
or both.
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| joint tenancy with right of survivorship (JTWROS) | Form of
tenancy that requires four unities: (1) possession, (2) interest,
(3) title, and (4) time.
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| legal custody | The right and obligation to make major decisions
regarding the child, including, but not limited to, educational
and religious issues.
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| legal ethics | A code of conduct set out to regulate the
proper conduct and behavior of attorneys.
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| legality | Adherence to the law.
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| lump sum alimony | Alimony paid in a specific amount that
is not subject to modification.
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| marital estates (marital property) | The property accumulated
by a couple during marriage, called community property in
some states.
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| marriage | A union between a man and a woman.
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| mediation | The process of submitting a claim to a neutral
third party who then makes a determination about the
ultimate liability and award in a civil case.
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| mediator | Individual who facilitates a resolution by the
parties using methods designed to facilitate the parties'
reaching a negotiated resolution.
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| meeting of the minds | A legal concept requiring that both
parties understand and ascribe the same meaning to the
terms of the contract; a theory holding that both parties
must both objectively and subjectively intend to enter into
the agreement on the same terms.
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| motion for temporary child custody and visitation | Motion
filed by a party to provide for child custody and/or child
visitation during the pendency of the dissolution action.
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| motion for temporary child support | Motion filed by a party
to obtain child support to provide for the care of the child
during the pendency of the dissolution action.
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| negotiation | Bargaining process by which parties resolve
issues that exist between them.
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| no fault divorce | A divorce in which one spouse does not
need to allege wrongdoing by the other spouse as grounds
for the divorce.
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| offer | A promise made by the offeror to do (or not to do)
something provided that the offeree, by accepting, promises
or does something in exchange.
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| open adoption | A form of adoption in which a varying degree
of contact occurs among the biological parent(s) of his/her
child, the child, and the adoptive parent(s).
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| palimony | A division of property between two unmarried
parties after they separate or the paying of support by one
party to the other.
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| Parental Kidnapping Prevention Act (PKPA) | An act related
to jurisdictional issues in applying and enforcing child
custody decrees in other states.
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| paternity action | A lawsuit to identify the father of a child
born outside of marriage.
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| pendente lite order | Order entered while litigation is pending
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| permanent alimony | Alimony paid for an indefinite period
of time.
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| personal property | Movable or intangible thing not attached
to real property.
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| physical custody | Child living with one parent or visiting
with the noncustodial parent.
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| plaintiff | The party initiating legal action.
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| pleadings | Formal documents filed with the court that establish
the claims and defenses of the parties to the lawsuit; the
complaint, answer to complaint, and reply.
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| prayer for relief | A summation at the end of a pleading,
which sets forth the demands by a party in the lawsuit.
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| premarital preparation course | Course designed to
strengthen marriages and reduce divorce.
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| prenuptial agreement | An agreement made by parties before
marriage that controls certain aspects of the relationship,
such as management and ownership of property.
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| pretrial conference | The meeting between the parties and the
judge to identify legal issues, stipulate to uncontested matters,
and encourage settlement.
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| pretrial motions | Used to challenge the sufficiency of evidence
or the suppression of allegedly tainted evidence or
other matters that could impact the focus, the length, and
even the need for trial.
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| privilege | Reasonable expectation of privacy and confidentiality
for communications in furtherance of the relationship
such as attorney-client, doctor-patient, husband-wife,
psychotherapist-patient, and priest-penitent.
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| protective order | Court order limiting discovery by a party.
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| proxy marriage | An agent for the parties arranges the
marriage for the couple.
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| putative marriage | The couple completes the requirements
in good faith, but an unknown impediment prevents the
marriage from being valid.
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| qualified domestic relations order (QDRO) | Retirement
account distributions' legal documentation requirement for
ultimate distribution.
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| real property | Land and all property permanently attached
to it, such as buildings.
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| rebuttable presumption | In the law, an assumption that a
fact is true unless proved otherwise.
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| recrimination | Defense in divorce based on the fact the person
seeking the divorce was, in fact, him- or herself guilty
of an act that would be grounds for divorce.
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| rehabilitative alimony | Alimony, usually granted to a specific
time, which is intended to allow the receiving party time to
gain needed education or training to enter the workforce.
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| reimbursement alimony | Alimony used to reimburse the receiving
spouse for working or providing financial assistance
that enhanced the spouse's future.
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| request for admission (request to admit) | A document that
provides the drafter with the opportunity to conclusively
establish selected facts prior to trial.
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| request for medical examination | Form of discovery that
requests a medical examination of an opposing party in a
lawsuit.
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| same-sex marriage | Marriage of two people of the same sex
living together as a family.
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| sanctions | Penalty against a party in the form of an order to
compel, a monetary fine, a contempt-of-court citation, or a
court order with specific description of the individualized
remedy.
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| second-parent adoption | Adoption in which a domestic
partner of a parent of a child adopts that child. This type
of adoption does not terminate the parental rights of the
natural parent.
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| separate property | One spouse is the exclusive owner.
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| sham marriage | Marriage in which the parties never intended
to live as a married couple.
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| sole custody | Only one of the divorcing spouses has both
legal and physical custody, but the noncustodial parent may
have visitation rights.
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| solemnization | A formalization of a marriage, as in for
example a marriage ceremony.
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| split custody | A custody arrangement in which siblings are
separated.
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| Statute of Frauds | Rule that specifies which contracts must
be in writing to be enforceable.
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| stepparent adoption | Adoption in which a stepparent adopts
the child of his/her spouse and assumes both financial and
legal responsibility of the child. The stepparent adoption
may release the noncustodial parent from payment of child
support and other legal obligations.
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| subject matter jurisdiction | A court's authority over the res,
the subject of the case.
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| surrogate mother | Woman who bears a child for another
person.
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| tangible property | Personal property that can be held or
touched, such as furniture or jewelry.
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| temporary injunction | A court order that prohibits a party
from acting in a certain way for a limited period of time.
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| temporary restraining order | A court order barring a person
from harassing or harming another.
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| tenancy by the entirety | A form of ownership for married
couples, similar to joint tenancy, where the spouse has right
of survivorship.
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| tenancy in common | A form of ownership between two or
more people where each owner's interest upon death goes to
his or her heirs.
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| tender years doctrine | Legal presumption that states the
mother should be awarded custody of a young child, unless
she was deemed unfit.
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| tickler file | System of tracking dates and reminding what is
due on any given day or in any given week, month, or year.
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| title | The name/designation of a pleading.
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| tort | A civil wrongful act, committed against a person or
property, either intentional or negligent.
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| transcript | Written account of a trial court proceeding or
deposition.
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| trial notebook | Started and organized prior to the pretrial
conference, it contains all documentary and other tangible
evidence or materials used by the attorney in trial.
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| trier of fact | Jury.
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| trier of law | Judge.
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| unconscionable contract | A contract so completely unreasonable
and irrational that it shocks the conscience.
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| Uniform Interstate Family Support Act | State law used in
cases involving the establishment and enforcement of child
or spousal support obligations when the obligor lives in one
state and the obligee/children live in another.
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| uniform statute | Model legislation drafted by the National
Conference of Commissioners on Uniform State Laws,
dealing with areas of the law such as sales transactions.
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| unjust enrichment | The retention by a party of unearned
and undeserved benefits derived from his own wrongful actions
regarding an agreement.
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| venue | County in which the facts are alleged to have occurred
and in which the trial will take place.
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| verification | Acknowledgment by a party of the truthfulness
of the information contained within a document.
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| vested | Having a present right to receive the benefit of the
performance when it becomes due.
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| void | A transaction that is impossible to be enforced because
it is invalid.
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| voidable | Having the possibility of avoidance of performance
at the option of the incapacitated party.
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| writ of execution | Court order used to enforce a judgment.
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