Glossary
of
Legal
Terms
Administrative
Office
of
the
Courts
(AOC)
-
266
AOC
employees
provide
statewide
support
services
for
the
courts,
including
information,
technology,
personnel,
financial,
legal,
research
and
purchasing
services.
The
office
prepares
and
administers
the
$360
million
annual
budget.
Alternative
Dispute
Resolution
-
working
with
a
mediator
who
helps
two
parties
in
dispute
resolve
their
differences
mutually,
or
with
an
arbitrator
who
listens
to
the
parties
and
makes
a
non-binding
decision.
Both
of
these
approaches
take
place
outside
the
formal
court
process,
and
that
frees
up
valuable
court
resources.
Amicus
Curiae
-
Latin
for
"friend
of
the
court."
It
is
most
often,
unsolicited
advice
given
to
a
trial
judge
or
appeals
court
by
a
person
or
organization
interested,
but
not
involved
in
a
dispute.
Answer
-
the
defendant's
response
to
the
plaintiff's
complaint.
The
answer
admits
or
denies
the
claims
in
the
plaintiff's
complaint.
Appeal
-
a
legal
action
which
seeks
review
by
a
court
of
a
lower
court
decision.
Appellant
-
the
side
that
lost
in
the
trial
court
and
has
filed
an
appeal.
Sometimes
called
the
petitioner.
Appellee
-
generally,
the
side
that
won
in
the
trial
court,
and
whose
victory
is
being
appealed
by
the
losing
side.
Sometimes
called
the
respondent.
Arbitration
hearing
-
an
informal
legal
proceeding
held
before
a
neutral
person
called
an
arbitrator.
Arbitrator
-
the
person
who
presides
at
an
arbitration
hearing
and
renders
a
decision
on
the
case.
Arraignment
-
when
the
defendant
appears
in
Superior
Court
and
enters
a
plea
of
guilty
or
not
guilty
to
a
felony
charge.
Bail
-
money
or
other
form
of
security
given
to
gain
a
person's
release
from
custody.
A
bail
bond
is
one
form
of
security.
Burden
of
Proof
-
the
duty
to
prove
disputed
facts.
In
criminal
cases,
the
burden
rests
on
the
prosecutors.
In
civil
cases,
the
burden
most
often
is
carried
by
the
plaintiff.
Business
Court
-
a
session
of
Superior
Court
devoted
to
complex
business
cases,
presided
over
by
a
specially-designated
judge.
Civil
-
not
criminal.
In
a
civil
action,
one
person
or
entity
is
suing
another,
usually
for
money
damages.
Child
Custody
Mediation
-
divorced
parents
who
have
unresolved
issues
about
child
custody
or
visitation
may
use
this
non-adversarial
alternative
to
litigation.
Fifty-five
counties
have
a
Child
Custody
Mediation
Program,
and
in
most
cases,
parents
are
required
to
participate
in
this
program
before
proceeding
through
the
traditional
court
system.
Many
parents
are
able
to
see
what
is
best
for
the
child
and
reach
an
agreement
without
returning
to
court.
Clerks
of
Court
-
the
clerks
of
Superior
Court
in
each
county
of
the
state
exercise
the
judicial
power
of
the
state
in
the
probate
of
wills,
administration
of
estates,
and
the
handling
of
special
proceedings
such
as
adoptions
and
foreclosures.
Clerks
also
keep
the
county
court
records.
They
are
elected
to
four-year
terms.
Common
Law
-
older
than
our
nation,
it
originated
in
England
and
came
to
America
with
the
colonists.
It
is
law
that
comes
from
tradition
and
judicial
decisions,
not
from
some
legislative
act.
Sometimes
called
case
law.
Complaint
-
the
document
which,
when
filed
with
the
court,
initiates
a
lawsuit.
It
sets
forth
the
plaintiff's
claims
against
the
defendant.
Concurrent
Sentence
-
prison
terms
for
two
or
more
offenses
to
be
served
at
the
same
time,
rather
than
one
after
the
other.
Example:
Two
5-year
sentences
and
one
3-year
sentence,
if
served
concurrently,
result
in
a
maximum
of
five
years
behind
bars.
Consecutive
Sentence
-
prison
terms
for
two
or
more
offenses
to
be
served
one
after
the
other.
Example:
Two
5-year
sentences
and
one
3-year
sentence,
if
served
consecutively,
result
in
a
maximum
of
13
years
behind
bars.
Continuance
-
the
postponement
of
an
action
pending
in
court
to
another
date.
Court
of
Appeals
-
15
judges,
elected
statewide,
make
up
this
intermediate
appellate
court.
Judges
sit
in
rotating
panels
of
three,
and
they
hear
appeals
from
the
trial
courts
in
all
civil
cases
and
all
criminal
cases
except
death
penalty
cases,
and
also
hear
appeals
from
certain
state
administrative
agencies.
Voters
elect
the
judges
in
statewide,
partisan
elections
for
eight-year
terms.
Court
Reporters
-
court
personnel
who
record
trial
proceedings
word-for-word.
Reporters
who
use
a
stenotype
machine
must
be
able
to
write
at
least
225
spoken
words
per
minute.
Those
who
use
a
stenomask
must
be
able
to
record
250
words
a
minute.
If
the
case
is
appealed,
the
verbatim
record
must
be
transcribed
promptly
for
the
appellate
court.
Court-Ordered
Arbitration
-
most
civil
cases
involving
claims
totaling
$15,000
or
less
are
subject
to
court-ordered
arbitration.
Arbitration
hearings
are
usually
limited
to
one
hour,
take
place
in
the
courthouse
and
are
conducted
by
a
trained
and
approved
attorney
arbitrator
who
is
either
appointed
by
the
court
or
selected
by
the
parties.
In
many
cases,
the
arbitrator's
award
becomes
the
final
settlement,
without
the
need
for
a
trial.
Sixty-nine
counties
in
the
state
have
a
Court-Ordered
Arbitration
program.
Damages
-
money
awarded
for
an
injury
or
loss
due
to
the
unlawful
act
or
negligence
of
another.
De
Facto
-
Latin,
meaning
in
fact
or
actually.
Defendant
-
a
person
accused
of
a
crime
or
a
person
being
sued
in
a
civil
action.
De
Jure
-
Latin
meaning
in
law
or
lawfully.
Dismissal
with
Prejudice
-
prevents
an
identical
lawsuit
from
being
filed
later.
Dismissal
without
Prejudice
-
allows
a
later
filing.
District
Attorneys
-
also
known
as
prosecutors,
represent
the
state
in
all
criminal
actions
brought
in
Superior
and
District
courts,
and
in
juvenile
delinquency
cases
in
which
an
attorney
represents
the
child.
Voters
elect
a
district
attorney
in
each
of
the
39
prosecutorial
districts
of
the
state.
Another
438
assistant
district
attorneys
work
in
those
districts.
DAs
serve
four-year
terms.
District
Court
-
in
civil
cases,
judges
hear
cases
for
all
actions
involving
$10,000
or
less.
District
Court
also
has
preliminary
jurisdiction
over
felony
cases
and
over
the
trial
of
all
misdemeanors
and
infractions.
This
court
also
has
exclusive
jurisdiction
over
all
juvenile
proceedings,
mental
health
hospital
commitments
and
domestic
relations
cases.
The
state
has
235
District
Court
judges
who
are
elected
by
the
voters
for
a
four-year
term
and
serve
in
39
districts.
Drug
Treatment
Courts
-
a
court-based
intervention
program
to
ensure
that
chemically
dependent
offenders
receive
appropriate
treatment
and
are
held
strictly
accountable
for
their
behavior.
Offenders
participate
for
a
minimum
of
one
year,
appearing
before
a
judge
twice
a
month
to
report
on
their
progress
or
setbacks.
If
the
offender
does
not
comply
with
the
strict
terms
of
the
program,
the
judge
may
order
jail
time.
Evidence
-
documents,
objects
or
testimony
admitted
in
a
trial
to
prove
certain
facts.
Expungement
-
Process
by
which
a
record
of
criminal
conviction
is
removed
by
order
of
the
court.
Family
Court
-
one
judge
hears
all
issues
pertaining
to
one
family
such
as
divorce,
child
custody,
adoption,
abuse,
neglect
and
delinquency.
Treatment
and
intervention
programs
help
resolve
issues,
serve
families
better,
and
provide
a
more
efficient
use
of
trial
court
time.
Felony
-
any
of
a
number
of
serious
crimes
such
as
murder,
rape,
burglary.
First
Appearance
-
the
first
time
a
person
comes
to
respond
to
criminal
charges.
Foreign
Language
Interpreter
Project
-
using
grant
funding,
the
Foreign
Language
Interpreter
Project
is
certifying
interpreters
for
the
courts.
Interpreters
are
trained
to
translate
for
the
court
word
for
word
what
a
non-English
speaking
person
is
saying,
not
what
the
interpreter
thinks
the
person
is
trying
to
say.
This
project
sponsors
seminars
on
the
subject,
looking
for
potential
court
interpreters.
It
also
trains
and
certifies
court
interpreters.
Grand
Jury
-
a
body
of
up
to
18
people
who
decide
if
there
is
sufficient
evidence
to
charge
a
person
with
a
felony.
Guardian
ad
Litem
-
a
person
appointed
by
the
court
to
represent
the
interest
of
a
minor
or
incompetent
during
the
litigation.
Guardian
ad
Litem
Program
-
when
a
child
is
thrust
into
the
legal
system
because
of
abuse,
neglect
or
dependency,
a
trained
GAL
volunteer
researches
the
child's
home
and
community
situation.
That
volunteer
acts
as
the
child's
advocate
in
court,
giving
a
judge
information
on
the
child's
situation
and
making
recommendations
for
the
child's
best
interests
including
a
safe,
permanent
home.
More
than
3,600
volunteers
represent
12,000
children
in
every
county
across
the
state.
Habeas
Corpus
-
Latin
for
"You
have
the
body."
Most
often,
a
writ
of
habeas
corpus
is
a
judicial
order
forcing
law
enforcement
authorities
to
produce
a
prisoner
they
are
holding,
and
to
justify
the
prisoner's
continued
confinement.
A
petition
for
a
writ
of
habeas
corpus
often
is
filed
in
federal
courts
by
state
prison
inmates
who
say
their
state
prosecutions
violated
federally
protected
rights
in
some
way.
Hung
Jury
-
one
whose
members
cannot
reach
a
verdict
because
of
differences
of
opinion.
In
Camera
-
in
a
judge's
chambers,
outside
the
presence
of
a
jury
and
the
public.
Indictment
-
a
formal
written
accusation
charging
one
or
more
people
with
a
felony.
It
is
submitted
to
a
grand
jury
by
the
prosecuting
attorney.
Injunction
-
a
court
order
preventing
one
or
more
specific
parties
from
taking
some
action.
A
preliminary
injunction
often
is
issued
to
allow
fact-finding
so
a
judge
can
determine
whether
a
permanent
injunction
is
justified.
Judge
or
Justice
-
a
public
official
who
hears
and
decides
cases
brought
before
a
court
of
law.
North
Carolina
has
seven
justices
on
the
Supreme
Court,
15
judges
on
the
Court
of
Appeals,
105
Superior
Court
judges,
and
235
District
Court
judges.
Judgment
-
the
decision
of
a
judge
or
jury
resolving
a
dispute
and
determining
the
rights
and
obligations
of
the
parties.
Judicial
Branch
-
one
of
the
three
co-equal
branches
of
government.
The
Legislative
Branch
enacts
laws,
the
Executive
Branch
enforces
laws,
and
the
Judicial
Branch
interprets
and
applies
laws
in
specific
cases.
Jurisdiction
-
the
power
and
authority
of
the
court
to
hear
certain
cases.
For
example,
the
jurisdiction
for
divorce
cases
is
in
civil
court.
Lien
-
a
legal
claim
usually
against
a
piece
of
land
for
payment
of
some
debt,
obligation,
or
duty.
Some
forms
of
liens
are
tax
liens
and
materialman's
liens.
Litigation
-
a
controversy
in
a
court.
Magistrates
-
act
as
judges
working
around
the
clock,
issuing
warrants
of
arrest,
presiding
over
trials
of
small
claims,
($5,000
or
less),
and
performing
marriages.
Their
offices
are
usually
located
in
or
near
the
courthouse.
The
state
has
719
magistrates
in
every
county.
Magistrates
are
appointed
for
two-year
terms.
Mediated
Settlement
Conferences
-
a
statewide
program
dealing
with
civil
Superior
Court
cases.
When
parties
are
in
litigation,
a
mediator
helps
them
arrive
at
mutually
agreeable
solutions.
The
state
has
nearly
900
certified
mediators
who
conduct
mediated
settlement
conferences.
More
than
half
of
the
cases
are
settled
in
this
way.
Misdemeanor
-
an
offense
of
lesser
gravity
than
a
felony.
Moot
-
not
subject
to
a
court
ruling
because
the
controversy
has
not
actually
arisen,
or
has
ended.
Motion
-
A
document
filed
with
the
court
seeking
to
obtain
a
ruling
or
order
from
the
court
that
is
favorable
to
the
party
filing
a
motion.
Notice
-
a
formal,
written
announcement
communicating
scheduling
information
or
other
information
about
a
case.
The
original
notice
is
filed
with
the
clerk
of
Superior
Court
and
copies
are
mailed
or
hand-delivered
to
parties
to
the
litigation.
Pardon
-
a
form
of
clemency,
granted
by
the
governor.
Parole
-
supervised
conditional
release
of
a
prisoner.
Applies
to
prison
inmates
sentenced
before
the
Structured
Sentencing
Laws
were
enacted
in
1994.
Party
-
the
plaintiff
or
defendant
in
a
case.
The
plaintiff
is
the
party
who
files
the
lawsuit
and
the
defendant
is
the
party
who
is
being
sued.
Plaintiff
-
the
one
who
initially
brings
a
suit.
Post
Release
Supervision
-
similar
to
parole
and
for
people
sentenced
under
the
Structured
Sentencing
Act.
Preliminary
Hearings
-
held
to
determine
if
there
is
sufficient
evidence
to
hold
a
trial.
Preponderance
of
Evidence
-
evidence
as
a
whole
which
shows
the
fact
is
more
likely
than
not.
Probable
cause
for
arrest
-
a
fair
probability
that
a
crime
was
committed
and
a
fair
probability
that
the
suspect
committed
that
crime.
Probable
cause
to
search
-
a
fair
probability
that
something
that
may
be
lawfully
seized
is
located
in
the
place
to
be
searched
or
on
the
person
to
be
searched.
Probate
-
determining
the
validity
of
a
will.
Probation
-
alternative
to
imprisonment.
Conditions
of
freedom
for
offender
in
compliance
with
restrictions
or
requirements.
Prosecutors
-
Same
as
District
Attorneys.
Public
Defenders
-
the
state
provides
legal
counsel
for
defendants
who
have
been
determined
by
a
judge
as
financially
unable
to
hire
their
own
attorney.
There
are
11
public
defenders
in
the
state,
and
121
assistant
public
defenders
representing
indigent
people
in
13
counties.
(If
the
person
is
found
guilty,
he
must
repay
the
state).
The
senior
resident
Superior
Court
judge
appoints
a
public
defender
to
a
four-year
term.
In
the
remaining
counties,
representation
is
provided
by
private
attorneys.
Reasonable
Doubt
-
doubt
based
on
reason,
arising
from
evidence
or
lack
of
evidence.
Sentencing
Services
-
using
a
network
of
not-for-profit
agencies
and
state-operated
programs,
Sentencing
Services
helps
develop
sentencing
plans
for
offenders
that
more
effectively
use
available
treatments
and
correctional
resources
in
criminal
cases.
Statute
of
Limitations
-
the
time
within
which
a
lawsuit
must
be
filed.
The
deadline
can
vary,
depending
on
the
type
of
lawsuit.
Structured
Sentencing
Act
-
enacted
October
1,
1994,
the
law
classifies
offenders
on
the
basis
of
the
severity
of
their
crime
and
on
the
extent
and
gravity
of
their
prior
criminal
record.
Based
on
these
two
factors,
structured
sentencing
provides
judges
with
sentencing
options
for
the
type
and
length
of
sentences
that
may
be
imposed.
Supreme
Court
-
the
seven-member
Supreme
Court
is
the
state's
highest
court.
Justices
decide
questions
of
law
in
civil
and
criminal
cases
on
appeal.
The
Supreme
Court
has
the
power
to
control
and
supervise
the
proceedings
of
other
courts
and
has
the
authority
to
set
court
schedules
and
promulgate
rules
of
practice
and
procedure
for
the
trial
courts.
Voters
elect
the
chief
justice
and
the
six
associate
justices
of
the
Supreme
Court
for
eight-year
terms.
Testate
-
With
a
will.
Absence
of
such
a
document
is
"intestate."
Tort
-
A
civil,
not
criminal,
wrong.
An
injury
against
a
person
or
property.
Trial
Court
Administrators
-
North
Carolina
has
12
trial
court
administrators
serving
in
14
of
the
state's
46
Superior
Court
districts.
They
assist
in
managing
the
day-to-day
administrative
operations
of
the
trial
courts,
including
civil
case
calendaring,
jury
use,
and
maintaining
local
court
rules.
Venue
-
The
particular
county
in
which
the
court
with
jurisdiction
may
hear
the
case
for
example,
a
divorce
action
is
filed
in
civil
court
in
the
county
where
either
the
plaintiff
or
defendant
resides).
Voir
Dire
-
Jury
selection
process
of
questioning
prospective
jurors.
Warrant
-
Court
authorization,
most
often
for
law
enforcement
officers
to
conduct
a
search
or
make
an
arrest.
|