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Plain-language definitions of common legal terms to help you understand your rights and the legal process.
A formal judgment or decision by a court regarding the rights of the parties in a case. In criminal matters, adjudication means the court has found the defendant guilty or not guilty.
Court-ordered financial support paid by one spouse to the other after a divorce or separation. Also known as spousal support or spousal maintenance, the amount and duration depend on factors such as length of marriage, income disparity, and each spouse's needs.
A court hearing where a person accused of a crime is formally read the charges and asked to enter a plea of guilty, not guilty, or no contest. This is typically one of the first steps in the criminal court process.
Anything of value owned by a person or entity, including real estate, bank accounts, vehicles, investments, and personal property. Assets are relevant in divorce proceedings, estate planning, and bankruptcy filings.
Money or property posted with the court to secure a defendant's release from jail while awaiting trial. If the defendant appears for all court dates, the bail is returned; if not, the bail may be forfeited.
A legal process that allows individuals or businesses who cannot pay their debts to either eliminate or repay them under the protection of the federal bankruptcy court. Chapter 7 liquidates qualifying debts, while Chapter 13 creates a structured repayment plan.
A written document submitted to a court by an attorney that outlines the legal arguments, facts, and authorities supporting a party's position in a case.
The legal arrangement that determines which parent has the right and responsibility to make decisions for a child and where the child will live. Custody can be sole or joint, and courts decide based on the best interests of the child.
Court-ordered payments made by a non-custodial parent to help cover the costs of raising a child, including food, housing, education, and healthcare. In Alaska, child support is calculated under Rule 90.3.
A legal doctrine used in personal injury cases where fault is divided among the parties involved. In Alaska, a plaintiff can recover damages as long as their fault does not exceed the defendant's, but the award is reduced by the plaintiff's percentage of fault.
A fee arrangement where an attorney is paid a percentage of the client's settlement or award rather than an hourly rate. If the case is not successful, the client typically owes no attorney fees. This is common in personal injury cases.
Sworn, out-of-court testimony given by a witness or party to a lawsuit. Depositions are part of the discovery process and can be used as evidence at trial. Attorneys from both sides are present to ask questions.
The pre-trial phase in a lawsuit where both sides exchange information, documents, and evidence relevant to the case. Discovery tools include interrogatories, requests for production, depositions, and requests for admission.
The legal termination of a marriage, commonly referred to as divorce. In Alaska, a dissolution may be contested or uncontested depending on whether the spouses agree on all terms.
Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) refers to operating a motor vehicle while impaired by alcohol, drugs, or other substances. Penalties can include fines, license suspension, and jail time.
The method courts use to divide marital property in a divorce. Rather than splitting assets 50/50, the court considers factors like each spouse's contributions, economic circumstances, and the length of the marriage to reach a fair division.
The total collection of a person's assets, including real property, personal property, financial accounts, and other holdings. Estate planning involves arranging for the management and transfer of these assets during life and after death.
The person named in a will to manage the deceased person's estate, including paying debts, filing taxes, and distributing assets to beneficiaries according to the will's instructions.
A serious criminal offense typically punishable by imprisonment for more than one year. Examples include murder, robbery, and certain drug offenses. Felonies carry more severe consequences than misdemeanors.
A person or entity that has a legal duty to act in the best interest of another party. Examples include trustees managing a trust, executors administering an estate, and attorneys representing clients.
A person appointed by the court to make personal and/or financial decisions for someone who is unable to care for themselves, such as a minor child or an incapacitated adult.
A legal action that requires a person who is detained or imprisoned to be brought before a court so the legality of their detention can be reviewed. It is a fundamental protection against unlawful imprisonment.
A formal accusation issued by a grand jury charging a person with a serious crime. An indictment means there is enough evidence to bring the accused to trial, but it is not a finding of guilt.
A court order that requires a person or entity to do or refrain from doing a specific act. Injunctions are often used to prevent irreparable harm while a case is pending.
The authority of a court to hear and decide a case. Jurisdiction can be based on geographic location, the type of case, or the amount of money in dispute. BF Quackenbush Law practices in Alaska, Washington, Oregon, and Texas jurisdictions.
A legal claim on property as security for a debt or obligation. Common examples include mortgage liens on real estate, mechanic's liens for unpaid construction work, and tax liens from the government.
The process of resolving disputes through the court system, including filing lawsuits, conducting discovery, attending hearings, and going to trial. Litigation is an alternative to negotiation, mediation, or arbitration.
A voluntary dispute resolution process where a neutral third party (the mediator) helps the parties reach a mutually acceptable agreement. Mediation is typically faster, less expensive, and less adversarial than litigation.
A criminal offense less serious than a felony, typically punishable by fines, probation, community service, or imprisonment for up to one year. Examples include petty theft, simple assault, and first-offense DUI.
The failure to exercise the level of care that a reasonable person would in similar circumstances, resulting in harm to another person. Negligence is the basis for most personal injury claims.
The person or party who initiates a lawsuit by filing a complaint in court. In personal injury cases, the plaintiff is typically the injured person seeking compensation from the party who caused the injury.
An agreement in a criminal case where the defendant agrees to plead guilty to a lesser charge or to one of several charges in exchange for a more lenient sentence or the dismissal of other charges.
A legal document that grants one person the authority to act on behalf of another in financial, legal, or medical matters. A durable power of attorney remains effective even if the person becomes incapacitated.
The legal process of administering a deceased person's estate, which includes validating the will, paying debts and taxes, and distributing remaining assets to beneficiaries. Probate proceedings are supervised by the court.
A court order that prohibits a person from contacting, approaching, or harassing another person. Restraining orders are commonly issued in domestic violence, stalking, and harassment cases to protect the safety of the petitioner.
An agreement between the parties to resolve a legal dispute without going to trial. Settlements can occur at any stage of litigation and typically involve the payment of money in exchange for dropping the claim.
The legally prescribed time period within which a lawsuit must be filed. Deadlines vary by claim type and state. In Alaska, the statute of limitations for personal injury is generally two years from the date of injury.
A legal document ordering a person to appear in court to testify or to produce documents or other evidence. Failure to comply with a subpoena can result in contempt of court charges.
A civil wrong that causes harm to another person, giving the injured party the right to file a lawsuit for damages. Common torts include negligence, defamation, and intentional infliction of emotional distress.
A legal arrangement where one party (the trustee) holds and manages assets on behalf of another party (the beneficiary). Trusts are used in estate planning to avoid probate, reduce taxes, and control how assets are distributed.
A civil claim filed when a person dies due to the negligence or intentional act of another party. Surviving family members may recover damages for lost income, medical expenses, funeral costs, and loss of companionship.
Understanding legal terminology is just the first step. If you need legal representation or advice, the attorneys at BF Quackenbush Law are here to help.
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