Glossary
These definitions were excerpted from An Introduction to Law in Georgia, Third Edition, published by the Carl Vinson Institute of Government, 1998 (updated 2001). The definitions are in plain English, not legal language and are applicable under Georgia law.
abandonment - leaving children without intending to return; forsaking parental responsibilities.
actuarial table - a set of figures used to predict how long a person is likely to live. It is based on the average life expectancies of a large number of people.
adjudicatory hearing - the first part of a formal hearing for a juvenile. Its purpose is to determine the facts in the case. Did the youth commit a delinquent or unruly act? Is the youth deprived? See dispositional hearing; formal hearing.
administrative law - rules and regulations created by government agencies enabling them to carry out the duties assigned to them by Congress, a state legislature, or a local government.
adoption - the legal process of substituting adoptive parents for a child's biological parents.
affidavit - a written statement that is sworn to be true before an authorized official such as a judge.
affirmative action - steps taken by an organization to remedy past discrimination in hiring, promotion, and recruitment. Such steps may be required by the government. Typically, affirmative action involves the selective hiring of persons in a status category (such as race) to balance worker populations.
age of majority - the age when a person is considered an adult, as defined by state law. In Georgia, this is 18 years old.
aggravating circumstances - facts about a crime or criminal which might influence a judge to be tougher in sentencing.
alibi - the defense which claims that a person was somewhere else at the time a crime was committed.
alien - a person living in, but not a citizen of, a nation.
alimony - support payments which a person is ordered by a court to make to a divorced spouse.
alternative dispute resolution (ADR) - alternative methods to going to court when attempting to solve disputes between parties. ADR is often much less formal and complex than a court proceeding. Most often, it is also less costly. See arbitration; mediation; negotiation.
analogy - a type of logical thinking basic to legal reasoning. It is based on the idea that if two things agree in some ways, they will agree in other ways. When used in law, it means looking at cases with similar situations and applying their resolutions to another similar case at hand.
annulment - a court declaration that a marriage never existed because it was not valid from the start.
answer - a legal document filed with the clerk of court in which the defendant admits or denies the claims made in the complaint.
appeal - a request that a higher court review the decision of a lower court. The higher court may uphold, reverse, or modify the decision.
appellate court - a court which reviews the decisions of trial courts to determine whether the law was properly applied in the cases reflected in those decisions.
arbitrary reason - a reason that is not sensible or logical; it has no rational basis. One requirement of the due process clause is that life, liberty, and property not be taken away for arbitrary reasons.
arbitration - a method of settling disputes in which a third party hears the arguments and facts from both sides and decides to how to resolve the dispute.
arraignment - a court hearing in the criminal justice process during which the judge reads the charges against the defendant and the defendant enters a plea of guilty, not guilty, or nolo contendere.
arrest - to take a person into physical custody and charge him or her with committing a crime.
arrest warrant - a document which gives an authorized person, such as a police officer, permission to arrest someone.
assault - an intentional tort or crime in which there is an attempt to inflict bodily injury or a threat of attack by someone capable of carrying out that threat.
assumption of the risk - one of two main defenses against a charge of negligence where it is alleged that the risk or injury was foreseeable and that the plaintiff proceeded to act despite the possibility of harm.
attachment - a court-authorized method of collecting a debt. The county sheriff takes possession of a debtor's property and sells it to repay the creditor.
automobile exception - the case law exempting certain automobile searches from the general requirement for a search warrant.
bail - a sum of money or property pledged to the court to assure that an accused person will appear to stand trial. Once bail is posted, the accused is released from police custody until the trial.
bait and switch - a deceptive sales technique. It consists of luring customers into a store by advertising goods or services at low prices with the intent of suggesting a substitute of a more expensive item.
balloon payment - the last payment of a loan which is much larger than the other payments.
bankruptcy - a proceeding in court that takes place because a person is not able to pay his or her debts. The person's property may be used to pay some of the debts. The remaining debts are cancelled.
battery - an intentional tort or crime in which one person intentionally touches another without consent.
benefit - a privilege given to an employee by the employer. This could be as paid vacation, paid sick days, insurance coverage, or a Christmas bonus.
bigamy - the crime of being married to more than one person at a time.
biological parent - the natural parent of a child.
bondsman - a person whose business consists of loaning money for bail. The bondsman posts bail, taking the risk that the accused will not show up for trial-which would result in the bondsman losing the bail money. For taking this risk, the bondsman charges the accused a percentage of the bail, usually 10-15 percent.
booking - the procedure of officially recording an arrest by a law enforcement agency such as the police department in a certain city or county.
breach - failure to meet a legal responsibility.
building code - a collection of laws that sets standards for constructing, altering, and repairing buildings.
capital felony - the most serious type of crime, the penalty for which may be life imprisonment or death.
case law - court interpretations of statutory, constitutional, or common law.
caveat emptor - a Latin phrase meaning "let the buyer beware." Called the first law of consumer protection, it indicates that the buyer should be careful about the quality of products and services purchased.
ceremonial marriage - a marriage created by formal ceremony, blood test, and marriage license.
character witness - one who testifies about the lifestyle, background, and personality of a defendant, rather than the facts of a case.
charge - in law, (1) a judge's instructions to a jury; (2) the formal accusation of a crime.
charter - a state law which creates a city and acts as its constitution.
child labor laws - laws which create special restrictions on the use of children in the marketplace. These laws usually limit the type of work, hours, and ages of working children.
child support - payments from a parent to a person with legal custody of the child (guardian or other parent) to be used in caring for the child.
civil disobedience - the act of breaking civil laws which one considers unjust in order to ultimately have them changed.
civil judgment - a court decision in a civil suit which requires one party either to pay a sum of money or to take certain actions as a result of the breach of some legal duty.
civil law - all areas of law except those involving crime.
clear and present danger - a possible effect of speech which makes such speech exempt from First Amendment protection. For instance, if a court determines that a person's speech could incite people to unlawful action, that speech would not be protected and could be declared illegal.
closing - the final meeting in the sale of real property in which the property is formally transferred from seller to buyer.
closing argument - summary remarks made to the jury by attorneys for both sides after all evidence is presented in a trial.
code - a collection of laws, such as the laws of the State of Georgia. See Official Code of Georgia Annotated.
codify - to organize laws by subject matter.
coercion - a defense which claims that the defendant was forced to commit the crime against his or her will.
collateral - property which can be sold or retained by a creditor if the debtor fails to pay the debt.
collective bargaining agreement - a contract between the employer and the employees' union setting wage scales, hours, and working conditions.
collision insurance - the coverage for damage to one's motor vehicle caused by impact with another motor vehicle.
commercial speech - speech or written material intended solely to make money, such as advertising. It receives less constitutional protection than other forms of speech.
common law - the legal rights and duties which courts declare to exist in the absence of statutes; generally based on the English system of law at the time the United States was founded.
common law marriage - a marriage created without a legal ceremony by a couple living together and publicly presenting themselves as married.
community service - a sentencing option in which the defendant is assigned to work for a certain length of time at a public service job, such as providing janatorial services at a government building (i.e., a courthouse).
comparative negligence - one of two main defenses against a charge of negligence. In this defense, both parties share responsibility for negligence, but the plaintiff can recover damages if his or her negligence was less than that of the defendant. See contributory negligence.
complaint - (1) the first legal document filed in a civil lawsuit, detailing the claim, court of jurisdiction, and remedies requested; (2) in a criminal case, a formal document, submitted to the prosecution by the victim or a witness, which accuses a person of committing an offense.
comprehensive insurance - the coverage for damage to a motor vehicle other than by collision.
condominium - an individually owned dwelling unit in a complex of such units. Each unit owner also owns a share of the common property, such as halls or yards.
consideration - something of value offered by each party in making a contract.
constitutional law - the legal basis or framework of law in American society as found in the U.S. Constitution and the individual state constitutions. Although written and intended to have a permanence in structure, constitutional laws can be changed. Making such a change is called amending a constitution.
constitutional right - a basic right or protection provided by a constitution or its amendments which cannot be denied by the government. Also called fundamental right. See also First Amendment rights.
consumer - a buyer of goods and services.
consumer credit - loans for family, personal, or household purposes, as opposed to business loans.
consumer law - the body of laws which govern personal, family, and household purchases.
consummation - a requirement for a valid marriage. In a ceremonial marriage, this is accomplished by obtaining a license and having a ceremony.
contempt of court - a ruling by a judge that a person is intentionally obstructing order in a court or failing to obey a judge's order. It is punishable by a fine or a jail sentence.
contract - a legally enforceable agreement by two or more parties in which each has an obligation to the other(s).
contractual warranty - a type of warranty which is agreed to by the parties, such as a bill of sale limiting the seller's responsibility for defects in a product.
contributory negligence - a rule of law governing a situation in which the plaintiff and defendant share responsibility for negligence. Under this rule, the plaintiff may not recover any damages. This rule has been replaced in Georgia by the rule of comparative negligence.
conversion - an intentional tort whereby a property owner is deprived of the property either permanently or for an indefinite period of time.
court - see appellate court; juvenile court; magistrate court; probate court; state court; superior court; trial court.
credit - (1) the purchase of goods or services with a delayed payment schedule; (2) money that is loaned. See consumer credit; open-end credit; secured credit; unsecured credit.
credit bureau - a business which collects information on individuals and issues credit reports used to determine whether a consumer is a good credit risk.
credit sale - the purchase of goods "on time" (in installments).
creditor - a person who provides credit, loans money, or delivers goods or services before full payment is made.
crime - an act which harms others physically, financially, or psychologically, and which is declared a crime by a statute.
criminal justice process - all proceedings between the time a person is suspected of a crime until that person is unconditionally freed by the government.
criminal law - the body of law which deals with acts that are declared crimes by the government.
cross-examination - the questioning of witnesses for the opposing side during a trial or hearing.
custody - the care and keeping-legal or physical-of something or someone, such as a child or a prisoner. See joint custody.
damages - money which would compensate a plaintiff for some injury, loss, or inconvenience caused by another, and which is asked for in a civil lawsuit.
death penalty - the ultimate penalty given to someone found guilty of committing certain capital crimes. Not all states use the death penalty.
debtor - a person who owes money or buys on credit.
deed - a document that represents the passing of property from the seller to the purchaser.
deed to secure debt - a document that establishes the buyer's real property as collateral for a loan.
defamation - an intentional tort in which a written or spoken expression about someone is false and damaging to that person's reputation.
default - failure to fulfill a legal obligation, such as not repaying a loan or not filing an answer to a plaintiff's claim.
defendant - the party accused of wrongdoing in a civil or criminal case.
definite sentencing - a system of assigning penalties in which the judge has no choice about the type or duration of the penalty.
degrees of consanguinity or affinity - a measure of blood or marriage relationships, as set forth in the Official Code of Georgia Annotated. Marriage is prohibited between people who have these specific relationships.
delay - a pretrial tactic popular with defense attorneys which consists of putting off the trial by using various legal maneuvers.
delinquent act - an act by a juvenile which if committed by an adult would be criminal.
delusional compulsion - a defense to a criminal accusation in which the defendant claims that he or she acted because of a compelling belief in the truth of something which is, in fact, false.
deprived child - a child who has been abused or neglected.
desertion - leaving one's spouse with no intention of returning. Usually, one year's absence is required, by law, to prove desertion.
deterrence - one of four philosophic viewpoints about the purpose of sentencing. This one maintains that the purpose of punishing an offender is to discourage people from committing crimes.
direct examination - the questioning of a witness during a trial by the attorney who called the witness.
directed verdict - (1) in criminal law, a verdict of not guilty entered by the judge when the prosecution has not shown enough evidence to prove the accusation; (2) in civil law, a verdict entered by the judge agreeing with one party's claim that the other party cannot possibly prove its case.
discovery - the pretrial exchange of information between opposing sides.
dispositional hearing - a juvenile court hearing to determine the most appropriate form of treatment for a delinquent, status offender, or dependent. This is the second part of a formal hearing for a juvenile. See adjudicatory hearing, formal hearing.
dispossess - to evict a tenant or reclaim property if payment owed is not made.
distress warrant - a court-authorized document which enables a landlord to recover overdue rent by having a tenant's possessions sold at auction.
divorce - the ending of a marriage by court order.
due process - the principle that the government must act in a fair and reasonable manner when it threatens to deprive individuals of life, liberty, or property. It is embodied in the Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution.
DUI (driving under the influence) - the unlawful operation of a motor vehicle while under the influence of alcohol or drugs.
earnest money - a deposit paid to the seller of real property by the potential buyer upon the signing of the purchase contract.
easement - a document which grants certain uses of property to persons other than the owner of the property. It can also limit the owner's use of the property.
elastic clause - a passage in the U.S. Constitution (Art. 1, sec. 8) which gives Congress the right to pass all laws necessary for carrying out the tasks delegated to it.
emancipated minor - a person under the age of 18 who is declared by a court to be capable of surviving independently of parents. Such a minor can enter into contracts for necessities.
eminent domain - the power of a government to take property for public purposes, such as building a highway, from private individuals (for just compensation).
entrapment - a defense to a criminal charge. It consists of proving that the defendant was induced by law enforcement officials to commit a crime which he or she would otherwise not have committed.
environmental regulations - laws that affect land use and property ownership in order to keep the environment clean and healthy for all of its inhabitants.
equal employment opportunity (EEO) - a federal mandate which prohibits certain employers from discriminating against individuals on the basis of status categories, such as age, gender, race, or handicap.
equal protection - a principle guaranteed by the U.S. and Georgia constitutions which requires the government to treat all persons equally and impartially.
equity - the power of a court NOT to apply an established rule of law to a particular situation in order to avoid an unjust result.
eviction - a procedure by which a landlord forces a tenant who has defaulted on paying the rent to move out. See dispossess.
evidence - matters of fact which tend to prove or disprove other matters of fact. See hearsay evidence; real evidence; testimonial evidence.
exclusionary rule - a rule which prohibits the use of illegally obtained evidence in a criminal trial.
exigent circumstances - a rule allowing warrantless searches and seizures in emergency situations. This usually occurs when the police are in hot pursuit of someone who has just committed a crime.
expert witness - a person who, because of training, work, or experience, is qualified to testify on the technical or special facts of a case.
express warranty - a warranty created by certain actions of the seller, such as a written or spoken promise, description, or display of a sample or model.
fair manner - the requirement necessary to due process that there can be no government action against someone unless done in a fair manner. Generally, fair manner requires that the person affected be given notice of the proposed action and a hearing in order to oppose the action if desired.
false imprisonment - an intentional tort in which one person is unlawfully detained against his or her will by another.
Federal Trade Commission (FTC) - a federal agency with the authority to issue regulations concerning certain business transactions and to sue companies for violations.
felony - a serious crime punishable by a prison sentence of a year or more. Examples are murder, kidnapping, armed robbery, arson, rape, and forgery.
fighting words - expressions likely to cause a breach of the peace. Such expressions are not protected by the First Amendment right to free speech.
finance charges - the cost of credit, including interest, late charges, service charges, and insurance on the loan.
fine - a penalty imposed upon a convicted person by a court, requiring that he or she pay a specified sum of money to the court.
First Amendment rights - freedom of assembly, association, religion, speech, and of the press as guaranteed in the Bill of Rights of the U.S. Constitution. See constitutional right, fundamental right.
fixture - an item of personal property so attached to real property that it is considered part of the real property.
Food and Drug Administration (FDA) - a federal agency that sets standards for and regulates the safety of foods, drugs, cosmetics, and other household products.
foreclosure - the process of satisfying an unpaid debt by obtaining the collateral and selling it.
foreman - a juror elected by the jury to act as its spokesperson and leader.
formal hearing - a court hearing to determine if a juvenile is in need of state protection or treatment. It has two parts-the adjudicatory and the dispositional.
formal petition of delinquency - a document which must be filed by the complaining witness before a formal hearing of a juvenile case can be held.
foster parent - a temporary guardian licensed by the state or designated by a court to care for a child.
fraud - a deception, lie, or dishonest statement made to cheat someone. Fraud can prevent a meeting of the minds in making a contract.
freedom of assembly, association, religion, speech, and of the press - rights guaranteed by the First Amendment of the U.S. Constitution.
full warranty - a type of warranty which assures a buyer that goods are totally free of defects when sold. This includes an obligation that the seller will repair or replace the goods within a specified time period after purchase if they are not of the assured quality.
fundamental right - a protection guaranteed by the U.S. Constitution or its amendments. See constitutional right.
gag order - a court order prohibiting publicity before and during a trial.
garnishment - a court-authorized method of collecting debts from a third party holding assets of the debtor. This may be done through payroll deductions, from a checking account, or by other methods.
Gault decision - a U.S. Supreme Court decision establishing several rights for juveniles in danger of losing their liberty. These include the juvenile's right to be notified of charges, to remain silent, to have an attorney, to cross-examine witnesses, and to obtain a record of the hearings; and the rights of parents to be informed when children are taken into custody.
grace period - a short period (several days) after a rent payment is due, during which a tenant may not be evicted for late payment.
grand jury - a group of 16 to 23 registered voters selected to serve for three-month periods. Their main responsibility is to decide whether there is enough evidence to indict people accused of felonies. They may also investigate the conduct of government agencies or affairs, inspect government buildings, etc.
grounds - legal reasons for a lawsuit (e.g., reasons that a court will accept as valid for divorce) or for an appeal.
guarantor - a person who promises to pay a debt if the debtor does not.
guardian - an adult who has the legal responsibility for a child and/or the child's property.
habeas corpus petition - an appeal by a prisoner to be brought before a judge to evaluate the lawfulness of the detention. Usually at issue is whether the prisoner's fundamental rights were denied him or her during the trial or sentencing phase of the criminal justice process. This is a part of due process and is guaranteed by the U.S. Constitution.
habitual violator - a driver who has committed certain serious traffic offenses multiple times (individually or in combination with others). Once declared a habitual violator by the Department of Public Safety, a driver will be treated in a much more severe manner than would normally be the case for any further traffic offense.
hearing - a proceeding in which arguments, witnesses, or evidence are heard by a judge in order for the judge to make some decision relative to the case. See adjudicatory hearing; dispositional hearing; formal hearing; preliminary hearing; presentence hearing.
hearsay evidence - testimony which is usually not admissible in an adult trial because it is not based on the personal knowledge of a witness. It is a repetition of another's statement and considered unreliable.
holding facility - a place where prisoners are evaluated before being transferred to a jail or prison.
homicide - the killing of a person.
illegitimate child - a child whose parents are not married to each other when the child is conceived and do not marry later. Under Georgia law, such a child is referred to as one "born out of wedlock."
immunity - exemption from penalties or duties. For example, government officials may have immunity for liabilities from losses or harm caused by official actions.
implied warranty - see statutory warranty.
incapacitation - one of four philosophic viewpoints about the purpose of sentencing. This viewpoint maintains that the purpose of punishing an offender is to protect society from dangerous people who would break the law.
incarceration - the jailing or imprisoning of an offender.
incest - sexual relations between members of a family or persons who are too closely related to each other to be legally married. These relationships are defined by the laws of consanguinity and affinity.
indefinite sentencing - a system in which judges determine the appropriate sentences for defendants found guilty in their courts. The sentences must be within the range set for the crime(s) by the legislature. In this system, the parole authority actually controls the amount of time served.
indictment - a formal accusation, usually of a felony, by a grand jury.
indigent - a defendant too poor to afford an attorney.
informal adjustment - this is like an informal short-term probation for a juvenile delinquent or status offender. However, this treatment option is determined before a formal petition or hearing occurs, and is offered only to first or minor offenders who admit their wrongdoing and have a good record.
injunction - a court order to guard against future harms. It may stop or require an action.
insanity - a defense to a criminal charge which declares, in effect, that the defendant may have committed the act, but was not responsible for his or her behavior due to mental problems.
insurance - see collision insurance; comprehensive insurance; liability insurance; uninsured motorist insurance.
intake - the first steps in the juvenile justice process.
intentional tort - a deliberate act which damages a person or his/her property. Many, but not all, intentional torts are also crimes.
interest - one of the costs of credit; a percentage of the amount loaned which is added to each payment to be made over a certain period of time.
interrogatory - a discovery technique. Written questions are sent by one party's attorney to the attorney for the other party. They must be answered in writing and under oath.
intestate - having no will.
investigative warrant - an electronic surveillance warrant. A document which allows the police to gain evidence in a criminal case using a wiretap or other eavesdropping methods.
jail - a local government facility used for incarcerating persons generally for no more than a year.
joint custody - an arrangement in which parents share custody of a child after a divorce. See custody.
judge - the person who presides over a court and controls the conduct of a trial.
jurisdiction - (1) the authority of a court to re-solve a particular controversy. This may be determined by geographic location, subject matter, or persons involved in the case; (2) the area of authority of a government. See personal jurisdiction; subject matter jurisdiction; also chapter 3.
jury - see grand jury; trial jury.
jury deliberation - the consideration that a jury gives when deciding a case. Deliberation begins after the presentation part of the trial ends. See verdict.
jury panel - a group of local citizens chosen at random. Trial juries are selected from this panel.
justification - one of three general types of defenses against an intentional tort. The defendant admits doing the acts complained of by the plaintiff, but denies that the acts were wrong, claiming, instead, that they were justified.
juvenile - a person under the age of 18. Age determination used to decide juvenile court authority in delinquency and unruliness cases as well as in cases involving abuse and neglect.
juvenile court - a court which hears cases involving juveniles. Every Georgia county has a juvenile court with jurisdiction over children who are delinquent, unruly, deprived, abused, or in need of treatment, or who have committed a traffic offense.
labor union - an organization which workers agree to allow to represent them when dealing with the owners (management) of the company for which they work. The two main types are craft unions for workers in the same profession and industrial unions for workers in the same industry.
landlady, landlord - the owner of leased or rented property.
law - all rights and duties that can be enforced by the government (or one of its parts) as well as the means and procedures for enforcing them. See administrative law; child labor laws; civil law; common law; consumer law; criminal law; right-to-work laws; statutory law; sunshine law; usury laws.
layoff - when a worker is not given work or wages, usually temporarily, because of a shortage of demand for the product. A laid-off worker may sometimes collect unemployment compensation.
leading question - a question which is phrased so as to suggest the desired answer. It is not allowed on direct examination in court.
lease - a contract to rent property.
legal duty - an obligation which can be enforced by the government.
legal right - a privilege which is guaranteed by the government.
legal separation - an arrangement in which a married couple lives apart, with terms set by court order. This is not a divorce and does not end a marriage.
liability insurance - a type of automobile coverage required by Georgia law. When the insured person is at fault, this provides payment of damages to other parties who suffered injuries or property loss in the accident.
liable - responsible for committing the tort and, therefore, for paying damages.
libel - the intentional tort of writing, printing, or broadcasting false information damaging to someone.
licensing and examining boards - commissions created by state governments which set standards and qualifications for performing certain services and certifying practitioners in certain professions (e.g., accounting, psychology, nursing).
lien - a legal hold on property until some legal obligation is fulfilled.
limited warranty - an incomplete warranty; one which offers less than a full warranty.
litigation - using the judicial process (from filing a lawsuit through appeal) to solve a dispute.
loan - the money borrowed from a bank, finance company, other lending institution, or person under an agreement that it will be paid back over a specific period of time.
local government - the government of a city or county.
lockout - a tactic used by an employer to force an agreement with a union. The employer closes the workplace, suspending all wages.
long-arm statute - a state law which allows a court to have jurisdiction over cases involving, for example, products manufactured in another state but used by a consumer in the court's jurisdiction.
magistrate court - a Georgia trial court which hears relatively minor civil claims and criminal pretrial proceedings.
malicious prosecution - an intentional tort in which one person, with intent to harm, causes another person to be arrested and prosecuted without just cause.
marriage - a legally enforceable agreement between a man and a woman to be husband and wife. See ceremonial marriage; common law marriage.
marriage license - a document issued by the judge of the probate court which must be obtained before a formal marriage ceremony can be performed.
mediation - the process of solving a dispute through an impartial third party who guides disputing parties in working out a solution.
meeting of the minds - a requirement for a legal contract in which the parties must know and understand what is expected of each.
minimum wage - the least hourly amount that can be paid to employees whose employers are subject to federal wage and hour laws.
Miranda warning - a statement of the rights of a person in police custody which are taken from the Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. The reading of these rights to a suspect in custody before interrogation is a necessary part of due process. See chapter 16.
misdemeanor - a crime less serious than a felony. A misdemeanor carries a maximum penalty of one year or less in jail and/or a fine of $1,000 or less. Examples are speeding and theft of less than $500.
mitigating circumstances - circumstances surrounding the commission of a crime which may reduce the blameworthiness of the defendant and influence a judge to give a lenient sentence.
mitigation - one of three general types of defenses against an intentional tort. The defendant admits doing the act and that it was wrong. But, he or she attempts to reduce the amount of damages by showing good faith, a lack of malice, or lack of intent to cause harm.
mortgage - a type of loan in which a house or real property is given as collateral.
motion, pretrial - see pretrial motion.
motion for a change of venue - a request from an attorney to a trial judge to change the location of a trial from one jurisdiction to another.
motion for continuance - a request from an attorney to a trial judge to postpone a trial to allow for more time to prepare the case.
motion to suppress evidence - a request from an attorney to a trial judge to prevent the introduction of evidence that would damage that attorney's side of the case.
natural parent - see biological parent.
negligence - an unintentional tort which occurs when loss or damage results from a person failing to perform a legal duty or to exercise a reasonable standard of care for others. See comparative negligence; contributory negligence.
negotiation - a method of resolving disputes in which the parties (or their representatives) talk with each other to attempt to reach a compromise (and, thus, a settlement) on the issues in dispute.
1983 suit - a civil rights lawsuit against a public official claiming that the plaintiff's civil rights were violated as a result of some government action. (So called because of the federal statute in section 1983 of the Federal Code upon which such a suit would be based.)
no bill - the refusal of a grand jury to return an indictment against a person accused of a crime.
no-fault divorce - one in which neither party is held to be responsible for the breakup of the marriage.
nolo contendere - a Latin phrase meaning "I will not contest it." This can be a defendant's formal answer in court to criminal charge(s). In this answer, the defendant is not contesting the charge(s), but is not admitting guilt. Often used in cases where a fine but not jail is likely.
notice - a basic element of due process which involves informing a person that the government may act to take away his or her life, liberty, or property. Also, a requirement in civil law that each party keep the other informed of any actions taken.
nuisance - an intentional tort involving continued inconvenience to persons and/or their property.
obscene material - material not protected by the First Amendment because it appeals to the prurient interest, depicts sexual conduct in an offensive way, and lacks serious literary, artistic, political, or scientific value.
Official Code of Georgia Annotated (O.C.G.A.) - compilation of all of Georgia's statutory law. The code is divided into titles according to subject.
open-end credit - credit in which the borrowed amount is not fixed, such as in credit card purchases. Sometimes called revolving credit.
opening statement - a brief introduction to the case given by the attorneys for each side at the start of a trial.
ordinance - a law created by a local (city or county) government.
overtime - work hours in excess of 40 per week. Workers are often paid a higher hourly wage for this extra work.
parole - supervised release from prison before the sentence has been completed.
parties - (1) persons involved in committing a crime; (2) opponents in a lawsuit; (3) persons having obligations in a contract.
part-time work - working less than 40 hours per week.
pension - an arrangement for paying a worker after retirement, generally based on the worker's income and length of service with the employer.
peremptory strike - in the pretrial jury selection, an attorney's dismissal of a potential juror without stating a reason.
periodic tenancy - a lease for a definite length of time. As opposed to a tenancy-at-will.
personal jurisdiction - a court's authority to act with respect to the parties before it.
personal property - all types of property, tangible or intangible, except real property.
petit jury - see trial jury.
petition, right of - the right of individuals to seek access to all government officials and agencies, as specified in the First Amendment to the U.S. Constitution.
plain view doctrine - a rule that the police, when acting without a search warrant, can only seize those items in sight of the officer(s).
plaintiff - the party initiating a civil lawsuit.
plea bargaining - negotiations between a defense attorney and prosecutor in which a defendant pleads guilty in exchange for a lesser charge or sentence.
pleadings - the documents which form the factual and legal issues to be determined in a civil trial; e.g., the plaintiff's complaint and the defendant's answer.
police powers - the authority behind many state and local government laws to ensure the public health, safety, and well-being.
power of the state - a court's authority to require one party to perform a legal duty.
precedent - a rule of law established by a court decision and applied in deciding similar cases.
preliminary hearing - a pretrial proceeding held to determine whether there is probable cause in a criminal case.
preliminary proceedings - the first part of the criminal trial process. It consists of booking, initial appearance, preliminary hearing, indictment, and arraignment.
prenuptial agreement - rights and duties regarding marriage and possible divorce or property settlements that a couple agrees to before marriage.
presentence hearing - A hearing that may be scheduled after a jury has found a defendant guilty and before sentencing. This allows time for a presentence investigation.
presentence investigation - research about a defendant who is found guilty. Compiled by a probation officer, this might include aggravating or mitigating circumstances, criminal record, background, and community status of the defendant.
pretrial motion - a request from an attorney to a trial judge to suppress evidence, postpone the case, change the location of the trial, etc.
principal - the original sum of money borrowed in a loan.
prison - a state-operated facility designed to confine adult offenders sentenced to a year or more.
probable cause - reasonable grounds (sufficient evidence) to make an accusation.
probate court - a Georgia trial court of limited jurisdiction. It has authority to probate wills, handle the estates of those who die without wills, appoint guardians, issue marriage licenses, etc.
probation - a sentence releasing an offender into the community under the supervision of a probation officer.
property - see personal property; real property.
property ownership - having rights in property that are superior to anybody else's.
prosecution - the party bringing a criminal case against a defendant; the government.
prosecutor - the government's attorney in a criminal case. In superior courts, the district attorney or DA.
proximate cause - an act which caused or led to an injury and without which the injury would not have happened.
public housing - government owned and operated housing for low-income persons. All or part of the rent for this housing is paid by the government.
Public Service Commission (PSC) - a state government board which regulates privately owned companies supplying energy, communications, and transportation to the public.
puffery - advertising claims which exaggerate the good points of a product. These are legal because they concern matters of opinion, not fact.
pure democracy - a type of government in which all of the citizens, rather than their elected representatives, decide upon the laws. See representative democracy.
Pure Food and Drug Act - the first major bill (1906) to protect consumers in the United States. It established standards for labeling food, liquor, and medicine.
question of fact - an issue concerning the facts of a case, such as whether the defendant did actually commit the act charged.
question of law - an issue concerning the legal procedures or principles which apply to a case.
rational basis - a reasonable relationship between the purpose of a law and any classification of people that the law establishes and/or applies to.
real estate broker - also called real estate agent; the person who brings the buyer and seller of real property together to negotiate the sale.
real evidence - tangible items used to prove or disprove a point in a trial. This is one of two principal types of evidence in a trial.
real property - land and whatever is attached to or growing on it, such as houses or crops.
recidivism - the repetition of criminal behavior by a person previously convicted of a crime.
redirect - additional questioning of a witness by the attorney who called the witness. It follows cross-examination of the witness by the other attorney or comes at the close of one side of the case.
reform school - a prison for juveniles. In Georgia, this term is no longer officially used. See Regional Youth Development Center; Youth Development Campus.
Regional Youth Development Center (RYDC) - a short-term facility for incarcerating juveniles convicted of committing delinquent acts. These facilities may also be used to detain juveniles charged with delinquency until a hearing.
rehabilitation - one of four philosophic viewpoints about the purpose of sentencing. This viewpoint maintains that the purpose is to change a person's criminal behavior to socially desirable conduct.
reject for cause - in the pretrial jury selection, to dismiss a potential juror for some reason, such as a relationship with a party in the case.
release on recognizance (ROR) - a pretrial release in which the defendant signs a promise to appear for trial but does not have to post bail.
repossession - a legal method for the creditor to reclaim an item used as collateral if the debtor fails to repay the debt.
representative democracy - the type of government existing in the United States, in which representatives are elected by the people to make laws.
request for production - a pretrial discovery technique in which one attorney asks the opposing attorney to make certain documents available for inspection.
restitution - a court requirement that an offender pay money or provide services to the victim of the crime or provide services to the community.
retribution - one of four philosophic viewpoints about the purpose of sentencing. This viewpoint maintains that the purpose is to gain revenge for the harm for which the criminal is responsible. The biblical concept of "an eye for an eye and a tooth for a tooth" illustrates this viewpoint.
right - see constitutional right; fundamental right; legal right; visitation rights.
right-to-work laws - state laws that prohibit collective bargaining agreements that require all workers to join a union. A minority of states, including Georgia, have such laws.
ROR - see release on recognizance.
RYDC - see Regional Youth Development Center.
search warrant - a document issued by a judge which authorizes a police search at a specified location for a certain item and the seizure of that item.
secured credit - a debt which has been guaranteed by a third party or secured with collateral.
security deposit - a sum paid to the owner of rental property by the tenant before moving in. It is to be returned when the tenant moves out unless it is needed to pay for any damages beyond normal wear and tear caused by the tenant.
security interest - a creditor's right to reclaim collateral to pay a debt should the debtor default.
self-defense - a justification for an act that would otherwise be a crime. The person committing this act reasonably believed that it was necessary to protect self or property from immediate danger.
sentence - the penalty imposed by a court upon a person convicted of a crime.
separation - see legal separation.
separation of church and state - the constitutional principle prohibiting the government from promoting or discriminating against any religion.
settlement - a mutual agreement between two sides in a lawsuit that ends the dispute before the case is decided in court; an agreement settling financial and other matters in a divorce.
shelter-care facility - a short-term facility that provides temporary care for juveniles in a physically unrestricted environment.
slander - a spoken expression about a person which is false and damages that person's reputation.
Social Security - a U.S. government insurance plan. Every person who contributes to this plan during working years collects payments after retirement or if disabled. Benefits are paid to dependents if contributor dies.
standard of care - a measurement used by a court in a negligence case to determine a person's responsibility with regard to keeping others from harm. It is determined by comparing an act with the imaginary conduct of a reasonable and prudent person.
stare decisis - the principle whereby a previous court decision must be applied to another case when the facts are similar.
state court - a Georgia trial court created to lessen the load of superior courts. It has jurisdiction over misdemeanors and many civil disputes.
status category - a group of people who have historically experienced discrimination because of characteristics beyond their control, such as race, old age, or gender. See suspect classification.
status offense - an act such as truancy, disobedience, or running away, which is only an offense when committed by a juvenile.
statutory law - laws made by representatives elected to the legislative branch of government.
statutory warranty - a warranty imposed on a transaction by law. Statutory warranties include the warranties of title, merchantability, and fitness. Also called implied warranty. See warranty.
strict liability - a legal responsibility for injuries or damages even if the fault was not through negligence or intentional conduct.
strict scrutiny - a test to determine whether a governmental action affecting the fundamental rights of certain people or classifying them in a "suspect" way is constitutional.
strike - a tactic used by employees to force an agreement between union and employer. The workers refuse to work, often forming a picket line in front of the workplace to discourage anyone from entering.
subject matter jurisdiction - a court's power to act with respect to the kinds of issues involved in the dispute.
summons - a written order issued by a judge requiring a person to appear in court.
sunshine law - a law which requires governments to hold open meetings when official actions (other than those involving personnel matters) are to be taken.
superior court - a Georgia trial court with general jurisdiction. It has exclusive jurisdiction over certain cases including felony and divorce cases and can hear appeals from lower courts.
suspect classification - a group of people which is identifiable, shares an unchangeable characteristic, and has a history of prejudice against it. Under the Fourteenth Amendment's equal protection clause, laws which discriminate purely on the basis of these classifications are unconstitutional.
symbolic speech - an act which is protected by the First Amendment to the U.S. Constitution because it has the same intent as speech; e.g., protesting by flying the flag upside down or wearing an armband.
tenancy-at-sufferance - the situation when a tenant remains in possession of the premises after the term of the lease runs out. The tenant may stay only so long as the landlord allows.
tenancy-at-will - a lease for an indefinite period of time.
tenancy, periodic - see periodic tenancy.
tenant - a person renting real property.
testimonial evidence - statements or depositions by witnesses in a trial. One of two principal types of evidence.
title - a document which proves ownership of property.
tort - a wrongful act or failure to act that harms or interferes with a person or property. Torts can be unintentional (negligence) or intentional. Some intentional torts are also crimes. A tort is always tried in a civil lawsuit. See intentional tort; negligence.
tortfeasor - the defendant or accused wrongdoer in a civil lawsuit involving a tort.
transaction - a business activity (buying, selling, leasing, etc.).
traverse jury - see trial jury.
trespass - an intentional tort or crime involving unauthorized entry onto the real property of another, or damage to or temporary interference with the property of another.
trial - the examination in a court of the issues of fact and law in a case, for the purpose of reaching a judgment.
trial court - courts in which cases are originally heard and decided. Cases decided here may be later appealed.
trial jury - a group of local citizens (usually 12) chosen to hear a trial and render a verdict. Also called petit or traverse jury.
true bill - a document formally submitted to the court by a grand jury accusing a suspect of a felony. See indictment.
unemployment compensation - a government- run program which provides temporary payments for a certain period of time to employees who have lost their jobs.
unified appeal system - a process of combining into one document the appeals for a defendant sentenced to death.
Uniform Commercial Code (UCC) - a body of law adopted in most states that governs commercial transactions. It establishes certain implied warranties.
uninsured motorist insurance - a type of coverage which protects the insured driver from financial loss in accidents involving uninsured drivers who are determined to be at fault.
unsecured credit - a loan without a guarantor or collateral; the creditor relies on the debtor's good financial record and promise to repay.
usury laws - state laws limiting the maximum amount which can be charged for interest on a loan.
variance - an exception to the zoning regulations granted to the owner of a piece of property by the local zoning board.
vehicular homicide - a felony traffic violation in which a person is killed by an automobile driven by a driver who was operating the vehicle illegally (e.g., was DUI, driving recklessly, fleeing from police, etc.).
venue - the geographical location in which a court with jurisdiction may hear and determine a case.
verdict - the decision of a jury or judge about whether a defendant is guilty as charged. See directed verdict.
visitation rights - a parent's or relative's right to be with a child. This generally applies after a divorce or legal separation.
void - not legally binding; able to be cancelled.
voir dire - the pretrial process in which opposing lawyers question potential jurors to select an impartial jury.
waive - to voluntarily give up some right, privilege, or benefit.
warrant - a document issued by a judge authorizing some action, such as an arrest or a search. See arrest warrant; distress warrant; investigative warrant; search warrant.
warranty - a guarantee made by a seller or manufacturer concerning the quality or performance of goods. See contractual warranty; express warranty; full warranty; limited warranty; statutory warranty.
warranty of fitness, of merchantability, and of title - the three types of statutory or implied warranties,
will - a document which states how an individual wants his or her property to be distributed after death.
wiretap - electronic eavesdropping.
witness - (1) a person who testifies in a trial or hearing; (2) a person who watches the signing of a document, such as a will. See character witness; expert witness.
workers' compensation - a program run by state governments to pay employees who have been injured on the job.
Youth Development Campus (YDC) - a long-term facility for juveniles convicted of committing delinquent acts.
zoning regulations - local government laws which limit the purposes for which owners can use real property.
Excerpted from An Introduction to Law in Georgia, Third Edition, published by the Carl Vinson Institute of Government, 1998 (updated 2001). The Vinson Institute is not responsible for errors in the online text. Content is for information only; in no way should the information in the book be considered legal advice to anyone on any matter for which there are legal implications. Any such matter should be specifically addressed with an attorney. The book is available for purchase at or by contacting the Publications Program, Carl Vinson Institute of Government, University of Georgia, 201 M. Milledge Avenue, Athens, GA 30602; telephone 706-542-6377; fax 706-542-6239.
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