English/Spanish Legal Glossary - Key Terms and Definitions

Vocabulary practice flashcards covering essential legal terms, court motions, Latin legal phrases, procedural doctrines, and statutory definitions compiled from the Sacramento County Superior Court Legal Glossary.

1203.03 PC Motion

A request to cancel, modify, change, or terminate probation.

1203.4 PC Motion

A request to take back a guilty plea or set aside a guilty verdict, and dismiss accusations or information, made after probation has terminated or the defendant was discharged prior to termination.

170.6 PC Motion

A request to disqualify the assigned judge from hearing a matter.

995 PC Motion

A request made by a defendant to dismiss a count of information.

Abatement of Action

A lawsuit or suit that has been set aside and ended.

Abrogate

To repeal or cancel an old law using another law or constitutional power.

Abstract of Judgement

A summary of the court's final decision that can be used as a lien if filed with the county recorder.

Accord and Satisfaction

An agreement by parties to settle a claim or dispute in which they typically agree to give or accept something, preventing further legal actions after the claim.

Action in Personam

A legal proceeding against a specific person for the recovery of a specific object, usually an item of personal property such as an automobile.

Action in Rem

A legal proceeding "against the thing" rather than against a person, usually involving property.

Additur

The power of a trial court to increase the amount of a monetary award made by a jury verdict to one party, as a condition of denying a motion for a new trial (requiring defendant consent).

Admin Per Se

Latin meaning "by itself, inherently"; requires the DMV to automatically suspend or cancel the driver's license of a driver whose blood alcohol content measures more than 0.08%, or who refuses to submit to a chemical test.

Adversary System

The system of trial practice in the United States and certain other countries where opposing parties have the opportunity to present and establish their positions before the court.

Affirmative Defense

A defense in which a defendant presents new facts or evidence showing why they are not guilty or not at fault, carrying the burden of proof to explain it in their answer.

Allocution

A statement made by a defendant to the court to try to reduce punishment before sentencing.

Amicus Curiae

Latin for "friend of the court"; a person or entity not party to a case that offers advice or information to the court regarding legal points in the matter.

Anticipatory Breach

Occurs when a party obligated to perform under a contract clearly communicates to the other party that they will not or cannot perform.

Ballard Motion

A motion requesting a psychiatric examination of prosecution witnesses or victims.

Beagle Motion

A request made to the court to exclude any mention or reference of the defendant's prior convictions from the jury.

Bench Warrant

An order issued directly by a judge from the bench commanding the arrest of an individual who failed to comply with a court order or appear when scheduled.

Brady Motion

A motion filed by the defense when it believes the prosecution has suppressed or failed to disclose exculpatory and material evidence.

Certiorari

A procedure for obtaining appellate review of a lower court judgment, specifically referring to an appeal to the U.S. Supreme Court.

Chain of Custody

A verifiable procedure tracking the continuous custody, transfer, and whereabouts of physical evidence from collection to court presentation.

Corpus Delicti

The "body of the crime"; the essential, objective proof required to establish that a specific criminal injury or loss actually took place as the result of a criminal act.

Eleazer Motion

A motion demanding that the prosecution disclose the whereabouts of a confidential informant or prove that reasonable efforts have been made to locate them.

Eminent Domain

The right and power of the government to take private real estate for public use upon payment of just and fair compensation.

Entrapment

An affirmative defense asserting that government agents induced or persuaded the defendant to commit a crime that they otherwise would not have committed.

Ex Post Facto

Latin meaning "after the fact"; constitutional term for laws that retroactively criminalize and punish actions that were completely lawful when committed.

Harvey Waiver

An agreement permitting sentencing judges to consider facts and evidence relating to counts dismissed during a plea bargain when determining the disposition.

In Forma Pauperis

Latin meaning "in the manner of a pauper"; permission granted by the court allowing an indigent person to proceed without paying mandatory court fees.

Joint and Several Liability

A doctrine holding that each party responsible for an injury may be held individually liable for the entirety of damages awarded if co-defendants cannot pay.

Marsden Motion

A motion brought by a defendant or minor requesting the replacement of appointed defense counsel on the grounds of ineffective representation.

Massiah Motion

A motion seeking the exclusion and suppression of confessions or incriminating statements obtained fraudulently or in violation of constitutional counsel rights.

Murgia Motion

A defense motion to dismiss charges based on claims of intentional, systematic, and discriminatory prosecution of an identified group.

Nolle Prosequi

A prosecutor's formal declaration of decision to abandon or discontinue a pending criminal indictment or prosecution (Latin for "I do not choose to prosecute").

Nolo Contendere

Latin meaning "I do not wish to contend"; a plea functionally equivalent to a guilty plea in criminal court, but one that cannot be used against the defendant as an admission in civil litigation.

Nunc Pro Tunc

Latin for "now for then"; a judicial order or entry given retroactive legal efficacy as of an earlier date.

Parens Patriae

The sovereign legal authority and doctrine permitting the state to act as guardian and surrogate parent for the protection of minors or incapacitated individuals.

Pitchess Motion

A discovery motion by the defense requesting access to a law enforcement officer's confidential personnel records regarding allegations of excessive force or misconduct.

Res Ipsa Loquitur

Latin meaning "a thing that speaks for itself"; a doctrine in tort law creating an inference of negligence without direct proof because the injury would not normally occur without negligence.

Res Judicata

A civil law rule providing that once a legal matter has been finally decided by a court of competent jurisdiction, the same parties cannot relitigate the identical claim.

Respondeat Superior

Latin doctrine meaning "let the master answer"; establishes that employers are legally liable for negligent acts or omissions committed by their employees within the scope of employment.

Stare Decisis

The legal doctrine requiring courts to adhere to and follow established legal precedents decided in previous cases.

Trombetta Motion

A criminal defense motion to suppress evidence when the government has failed to properly preserve potentially exculpatory material evidence.

Wheeler Motion

A motion requesting dismissal of a jury panel on the ground that the prosecutor has exercised peremptory challenges to systematically exclude members of a cognizable group.

Wobbler

An offense punishable either as a felony in state prison or as a misdemeanor in county jail at the discretion of the court or prosecutor.