| First Appearance |
a court proceeding where the judge advises the defendant of the charges against him, his rights, decides on bail and sets a date for a preliminary hearing. |
| Foreclosure |
an act by a creditor in which property securing payment of a loan is sold to provide payment of the loan. – |
| Garnishee |
the person who is ordered to hold funds or other property belonging to a judgement debtor and to turn the funds or other property over to the court. |
| Garnishment |
a court order directing that money or property of a third party (usually wages paid by an employer) be seized to satisfy a debt owed by
a debtor to a plaintiff creditor.
|
| Hearsay Evidence |
an out of court statement made by a person not in court. |
| Holding Over |
remaining in possession of rented or leased property after the term of the tenancy. |
| Dismissal Without Prejudice |
a dismissal of an action which allows the plaintiff to bring the same action at a later date. |
| Dispossessory |
a proceeding used by a landlord to remove a tenant to regain possession of rented property, due to non-payment of rent or some other breach of the lease conditions. |
| Distress |
a statutory right of a landlord to seize a tenant’s possessions in order to satisfy past due rent. |
| Dormant Judgement |
a judgement which cannot be enforced because the execution has been in effect for more than seven years but less than ten years. |
| Fi Fa (fiera facias) |
an execution directed to the sheriff or other lawful officer to levy upon sufficient property of a defendant to satisfy a judgment and costs |
| Impeach |
to establish that a witness is not worthy of belief. |
| Implied Warranty |
a warranty which arises by operation of law rather than as a result of a written document (e.g. a warranty of merchantability, warrants that a product is fit for the purpose for which it is sold). |
| Infant |
a person who is not of legal age. (Georgia, one under 18years of age) |
| Initial Hearing |
a court proceeding for a person charged with a felony during which the judge advises the defendant of the charges against him and his rights, decides on bail and sets a date for a preliminary hearing. See first appearance. |
| Interrogatories |
written questions sent by one party to another as part of discovery-i.e. the gathering of information in preparation for trial. |
| Judgement |
the decision by a judge that puts an end to a case. |
| Judgement Creditor |
a party to which a debt is owed. – |
| Judgement Debtor |
the party against whom a money judgement has been entered. |
| Judicial Notice |
a recognition by the court of certain well-known facts without requiring proof of those facts in court. |
| Judicial sale |
a transfer of property under the order or authority of a court. |
| Jurisdiction |
the authority of a court to hear a case. |
| Landlord |
a person who rents land, a building, or an apartment to a tenant. |
| Lawsuit |
a legal action or claim in a court of law. |
| Leading Question |
a question which suggests that desired answer to a witness. Such questions are permitted on cross-examination, but not permitted on direct examination. – |
| Levy |
the act of a sheriff, dep1-ity sheriff, constable, or other court officer in taking property to be sold to satisfy a judgment. |
| Liability |
a present or potential obligation to another arising under law. |
| Lien |
a claim or interest in the property of another arising by operation of law. |
| Lien Creditor |
a creditor who has acquired a lien interest in the property of another. |
| Liquidated Damages |
damages are liquidated when their measure is specified by law or contract and the amount is definitely calculable. |
| Malpractice |
Negligence, misconduct, or lack of ordinary skill, or breach of duty in the performance of a professional service. |
| Mandamus |
a writ or court order, directed to a public official, requiring the person to do his duty as a public official. |
| Materialmen |
anybody that supplies construction materials to any company, contractor or subcontractor. |
| Mechanics’ or Materialmen’s Lien |
liens created by in favor of one who furnishes labor or material for the construction or repair of real or personal property. |
| Misdemeanor |
a minor crime or offense punished in Georgia by up to one year in prison and /or a $1000 fine. |
| Mitigation |
action taken by a person to limit or lessen his damages. |
| Motion |
an application made to a court, judge, to win a decision or an order in favor of the applicant, may be made before, during, or after trial. |
| Negligence |
the failure to utilize the ordinary care required in a certain situation. |
| Negligence per se |
negligence as indicated by the failure of an individual to observe laws intended for the protection of others. |
| Nominal Damages |
a token amount of money awarded to the plaintiff when there has been no substantial loss or injury or when the plaintiff has failed to show the proper amount. |
| Obligee |
the person to whom an obligation is owed. |
| Obligor |
a person or entity who is legally or contractually obliged to provide a benefit or payment to another. the person who is obligated or required to do a particular act. |
| Offer |
an invitation to enter a contract or agreement. |
| Operation of Law |
term referring to the rights and obligations that will apply as a result of applicable law. |
| Ordinance Violation |
the violation of local rules governing zoning, building safety etc., matters of a county or municipality. |
| Overrule |
a court’s act in rejecting an objection made by a party in a case. |
| Pauper |
an individual who is unable to support himself or his family because of his or her poverty. |
| Perjury |
the giving of false testimony under oath on an issue or point of inquiry regarded as material. |
| Plaintiff |
the party who brings an action, initiates a lawsuit. |
| Power of Attorney |
written authority authorizing one to act as an agent or to act for the one granting the authority. |
| Preliminary Hearing |
a hearing to determine whether there is probable cause to believe the accused is guilty of the crime charged and if so, to bind him over for indictment by the Grand Jury. See Commitment Hearing. |
| Preponderance of Evidence |
the standard of proof in most civil cases in which the party bearing the burden of proof must present evidence which is more credible and convincing than that presented by the other party. |
| Presumption |
sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. |
| Probable Cause |
a reasonable cause to believe; having more evidence for than against. |
| Promissory Note |
a written and signed promise to repay a sum of money in exchange for a loan or other financing. |
| Proximate Cause |
the plaintiffs injury was directly caused by the defendant’s act. |
| Punitive Damages |
damages exceeding regular compensation and awarded to punish the defendant. |
| Reasonable Doubt |
the standard of proof required in a criminal trial. |
| Record |
written or recorded memorial of the proceedings in a court of record. |
| Relevant |
pertaining to the issue that is being tried or proven. |
| Rule Nisi |
to show cause; its purpose is to notify an opposing party that a hearing is going to occur. |
| Secured Creditor |
a creditor who has a right to possess and sell certain property of the debtor to assure payment of the debt. |
| Service of process |
the delivery of court papers, such as a writ or summons to the party named. The service must give the defendant reasonable notice and allow him an opportunity to be heard. |
| Show Cause |
an order directing a party to appear before the court and present any reasons why a particular order of judgement shouldn’t be issued. |
| Special Damages |
Special damages are compensation for expenses you incur due to an injury caused by someone else’s negligence. |
| Stay of Execution |
an order of the court stopping or suspending the levy of a judgement until such future time or event. |
| Subpoena |
an order of the court requiring one to appear in court under penalty oflaw for the failure to do so. |
| Summons |
an order commanding a person to respond to the court regarding a matter pending before the court. |
| Surety |
one who assumes responsibility for payment of another’s obligation if the principal fails to pay. |
| Tenant |
one who hold real property under an agreement with the owner. |
| Tenancy at Will |
a property tenure that can be terminated at any time by either the tenant or the owner/landlord. A tenancy without a predetermined duration. |
| Tenancy at Sufferance |
one who holds property beyond the term for which it was rented or leased. |
| Tender |
to offer or to deliver payment or money. |
| Unliquidated Damages |
the sum of money that cannot be foreseen or assessed by a fixed formula. |
| Unsecured Judicial Release |
A form of bail in which an accused is released from jail amount is paid to the court. |
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