Glossary

A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiaty pays this tax.

In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him/her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he/she unually does not offer evidence. Also called first appearance.

The first court appearance of a defendant on a charge.

Writ or order by a court prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.

Judge's explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge to the jury.

Nonphysical items such as stock certificates, bonds, bank accounts, and pension benefits that have value and must be taken into account in estate planning.

A gift made during the giver's life.

Another name for living trust.

Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues reaised in a lawsuit.

Written questions asked by one party in a lawsuit for which the opposing party must provide written answers.

An action by which a third person who may be affected by a lawsuit is permitted to become a party to the suit. Differs from the process of becoming an amicus curiae.

See descent and distrubition statutes.

Dying without having a will.

The process by which the property of a person who has died without a will passes on to others according to the state's descent and distribution statutes. If someone dies without a will, and the court uses the state's intestate succession laws, an heir who receives some of the deceased' s property is an intestate heir.

Separation and exclusion of witnesses from the courtroom.

A trust that, once set up, the grantor may not revoke.

1. The disputed point in a disagreement between parties in a lawsuit.
2. To send out officially, as in to issue an order.

A legal doctrime that makes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.

A form of legal co-ownership of property (also known as survivorship). At the death of one co-owner, the surviding co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.

An elected or appointed public official with authority to hear and decide cases in a court of law. A judge Pro Tem is a temporary judge.