Breaking Down Legal Jargon: Family Lawyers Nearby – Understanding the details of your family law or estate planning legal case can be difficult enough, let alone keeping up with the terms of the court.
Here is an explanation of some confusing legal terms you may encounter in court about the parties to a legal case, what you may be called, what documents you may encounter, what your judge or attorneys may say, and where you can go.
Breaking Down Legal Jargon: Family Lawyers Nearby
Courts use legal terms when referring to the key people involved in a lawsuit. Among them are the litigants, the petitioner and the respondent.
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Party: A legal term for a person, usually someone who has a legal interest in a case. If one brings a legal action against another, they both become parties to the case.
Petitioner: The person who files a lawsuit in court is known as the petitioner. The petitioner files the first paperwork to begin the court process.
Defendant: The defendant is the person against whom a lawsuit is filed. In case of divorce proceedings, even if both parties agree to the suit, one person will be the applicant and the other will be the defendant during the case.
Petition: A petition is a document that a person submits to the court to initiate a trial. It describes the current situation of the petitioner and asks the court to intervene to provide legal relief.
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Appearance: This term can be confusing. In legal parlance, appearance has nothing to do with appearing anywhere. An affidavit is a document filed by a person who has been notified that he has been sued. This is their response to the court, putting on record their desire to be heard by the Court. In addition to appearing, you are required to answer the petition which is your response to each of the allegations put in it.
Court Order: To order the cases, judges sometimes require the parties in a case to do something, such as appear at a hearing, or refrain from doing something, such as not contacting the other party. These instructions come in the form of court orders, which are provided to all interested parties and kept in the court’s case file.
Hearings can be a blur, with lawyers and the judge throwing legal terms back and forth. You may hear some of the key terms you need to know.
Docket Number: Each case is assigned a court docket number that allows it to be organized and identified by the court, counsel, and all parties involved. People involved in a process should know how to find their ticket number.
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Motion: When a party in a lawsuit or their attorney makes a written or oral request to the judge, their action is called a motion.
Continuity: Cases often require multiple hearings before they are settled. A continuance is when the judge sets a future date to continue hearing the case.
Two of these terms help you understand where your case fits into the larger court system, and one tells you where you should be for an important hearing.
Jurisdiction: When you file a case, you will do so in the appropriate court that has jurisdiction. Jurisdiction relates to the legal right of a particular court to hear and decide a case. Often, jurisdiction over your case rests with the court representing the county in which you live.
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Circuit Court: The Illinois court system is organized into 24 divisions called judicial circuits, each representing a geographic area. Although the jurisdiction of the court is important, during a trial you will pay more attention to the physical courthouse where you will need to appear for hearings.
Proof: When two people negotiate their own divorce terms, the final step in the legal dissolution of their marriage involves an appearance before a judge known as a proof. Depending on the case, one or both parties file with the judge for their divorce settlement.
As a process progresses, you will learn new phrases. Here are some terms you may encounter as a petitioner or a respondent.
Service: Once a case is filed, the person being sued receives a copy of the complaint, often delivered to them by the county sheriff’s office. It is handed over to ensure that the person has received it and then a judge can begin hearing the case.
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Summons: In the legal service of the sheriff’s office, the person being sued will receive a summons. The defendant must file an appearance and send to the court his response to the procedure, known as an answer.
Hearing: A hearing is an opportunity and obligation to appear before the judge assigned to your case. Depending on its complexity, your case may require a few or more hearings. During the formal court proceeding, you may be asked to answer questions and other witnesses may be called. Together with your lawyer, you will also have the opportunity to support your interest through your deposition if necessary.
Discovery: During the discovery phase of a trial, both parties exchange relevant documents and evidence related to the case. The discovery phase may also include depositions and interrogatories.
Depositions and interrogatories: To gather information, the court may ask people to answer questions related to the case. This can come in the form of interrogatories, which involve written questions and answers, or depositions, which are oral question-and-answer sessions.
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Judgment: The final legal decision on a case filed in court is the judgment. Even if both parties are willing to settle their case, it is legally complete only after there is a decision.
If you have any questions about family law or estate planning, our caring team would be honored to assist you. Call Sterk Family Law Group, P.C. Or contact us to speak with one of our caring legal team members or to schedule a free, no-obligation consultation.
This is a legal advertisement from Sterk Family Law Group. It is not legal advice and should not be construed as such. This article is for informational and educational purposes only.
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Life presents us with certain decisions that will never have easy answers. No matter how long we consider or how many pros and cons we write, eventually we have to trust ourselves to know when the marriage is over and make the right decision. If you and your spouse … Fort Myers, Florida – The law firm of Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that divorce, matrimonial and family law attorney Iman Zekrihas has begun serving the term as vice President of the Association of Boards of Family Law Professionals (AFLP). He was an active member of the board of directors, while in the past he served as secretary for two consecutive terms. Her election as Vice President highlights Zekri’s exceptional leadership and management skills, contributing to AFLP’s continued success and mission.
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AFLP is a diverse organization comprised of judges, attorneys, mental health and financial services professionals, paralegals, court staff members, mediators and various other experts dedicated to supporting families navigating the complexities of matrimonial and family law issues. AFLP is committed to educating legal, financial and mental health professionals to better serve the needs of families in transition.
“I am excited to take on a greater leadership role at AFLP. Our organization aims to promote collaboration among professionals involved in family law matters through education and professional leadership. I plan to continue to advance AFLP’s mission to help families and protect children by improving how Legal, financial and mental health professionals help families in transition.
Zekri’s impact on the community goes beyond her legal practice. He serves as Vice Chair of the Florida Bar Student Education and Bar Admissions Committee, playing a critical role in shaping the future of legal education and professional admissions in the state. He is also an active member of the Lee County Bar Association, the Collier County Bar Association and the Calusa Inn of Court.
Zekri graduated from Riverdale High School’s International Baccalaureate program, Florida Gulf Coast University (BA, summa cum laude) and University of Florida Levin College of Law (JD, cum laude). Zekri can be reached at 239-344-1119 or by email at [email protected].
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With a century of service, Henderson Franklin has played an integral role in shaping the landscape of Southwest Florida. With a team of over 50 dedicated lawyers, the firm has been a cornerstone
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