In states that give landlords the right to help themselves, landlords are only allowed to evict a tenant themselves if they can do so peacefully. The exact definition of peaceful varies from state to state. In some states, any entry by an owner that does not involve violence or breach of the peace is acceptable. In other states, any entry made without the tenant`s consent is illegal. A juror chosen in the same way as a regular juror who hears all the evidence but does not assist in deciding the case unless asked to replace a regular juror. Assault: Unlawful beating or physical violence or control of a person without their permission. (Compare to bodily injury.) California has recognized the dangers of landlord self-help evictions, where innocent tenants, landlords, and bystanders could be injured or killed as a result of a self-help eviction. Due to the heavy burden on the courts, civil parties may be forced to wait months or years for a hearing date. The State of California gives priority to landlord-tenant cases over all other matters, with the exception of criminal proceedings and prosecutions in which the plaintiff or defendant is over 70 years of age. [2] Contentious factum: A legal document filed in civil proceedings indicating that the matter is ready for going to court. (See memorandum on set.) Discovery – Lawyers` review of facts and documents in opponents` possession prior to trial to help lawyers prepare for trial.

Legal parent: A person legally recognized as the parent of a child. All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. Voluntary Declaration of Parentage or Paternity (VDOP): A form that parents sign to prove that they are both the legal parents of a child and that they must be listed on the child`s birth certificate. Once filed with the state, it is equivalent to a court order. Destitute: This term usually refers to a person who is poor and needy and has no one to turn to. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases.

For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. Jurisdiction: (1) The legal authority of a court to hear and decide a case; 2. the geographical area in which the Court has jurisdiction to hear and determine cases; (3) the territory, object or persons over whom a court may exercise lawful authority. Levy: Obtaining money through legal proceedings through the seizure and/or sale of property. Genetic test: A medical test to determine legal parentage. (See also blood test.) A request made as a result of a proceeding by a losing party on one or more issues, for a higher court to review the decision to determine whether it was correct. To make such a request is to “appeal” or “to appeal”. The one who appeals is called a “complainant”; The other party is the “appellant”. Adoption: The way to make the relationship between a parent and a child legal if they are not related by blood. Alleged parent: The person who claims to be the parent of a child, but who has not yet been declared a medically or legally legal parent. (See also genetic testing, legal parent, parentage.) Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” of a nonprofit budget and credit advisory agency, which individual debtors must participate in before filing under a chapter of the Bankruptcy Code; and (2) the “Personal Financial Management Course” in Chapters 7 and 13, which an individual debtor must complete before debt relief is registered.

There are exceptions to both requirements for certain categories of debtors, urgent circumstances, or if the U.S. trustee or receiver has determined that there are not enough licensed credit counselling agencies available to provide the required advice. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Custody: The rights and obligations between parents for their child(ren). A parenting plan should describe custody and physical custody that is in the best interests of the children. This term is also often used to describe who children live with. Disposable income: What remains of an employee`s income after legislated deductions, such as taxes. Disposable income is used to decide how much of the employee`s wages will be deducted for a garnishment, garnishment or earnings allocation. voir dire – A procedure by which judges and lawyers select a small jury from among those empowered to determine knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court. “See to say” is an expression that means “to tell the truth”.

Family Law Facilitator: An attorney with experience in family law who works for the Superior Court of each California county to assist parents and children involved in family law matters having problems with children, spouses, and partners. If you don`t have your own lawyer, you can consult the family law mediator free of charge. Click here for more information on the Family Law Facilitator. Suretyship: A legal instrument or document that holds a person or holds a person responsible for something. In court, bail is a written statement that requires a person to pay money to another person in certain circumstances. Service by publication: When service of the request is effected by publication of a notice in a newspaper or by posting on a bulletin board in a courthouse or other public institution, after a court has determined that other means of service are impracticable or have failed. (See also Process Service.) The right as set out in previous court decisions. Synonymous with precedent.

Similar to the common law, which stems from tradition and judicial decisions. Order: (1) decision of a bailiff; 2. a directive from the Court on a question relating to the dispute in the main proceedings, ruling on a question referred for a preliminary ruling or ordering certain stages of the procedure. Generally used to overturn a previous conviction, such as an order made after a hearing when a previous conviction is found to be invalid because certain legal standards were not met during trial and conviction. Or to set fees, such as an order ordering a defendant to reimburse the county for the costs of a court-appointed attorney. Or provide reasons, such as an order to appear in court, to give reasons why an act could not have been done, should not have been done, or was not done. (See also court order, support order.) Investigation: A judicial inquiry (investigation) before a court of law or judicial officials authorized to conduct investigations, usually to determine the cause and circumstances of a death. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important.

For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. Limited Representation: An agreement with a lawyer to obtain assistance in certain parts of a case for a fixed fee or a limited fee. Also known as “unbundled legal services” or “unbundling”. Parenting Plan: A detailed custody and access agreement that outlines when the child will be with each parent and how decisions will be made. The parenting plan can be developed by the parents, through mediation, with the help of lawyers, or by a judge after a trial or hearing. Assignment of wages: A court case in which a debtor`s employer must withhold a portion of the debtor`s wages in order to satisfy a judgment. Also used to ask an employer to transfer (or allocate) a portion of future salary payments to pay a debt such as child support. Click here for links to information on the different types of wage allowances or civil seizures. Request to lift service of subpoenas: A legal response that a tenant can file in an unlawful liability suit if the tenant believes the landlord did not properly serve the summons and complaint.

Legal aid organizations: Organizations that provide free legal advice, representation and other legal services to low-income individuals in non-criminal matters. Implied Habitability Warranty: A legal rule that requires landlords to keep their rental units habitable. A rental unit must comply with important building and housing regulations that affect the health and safety of tenants. Bail Notice: A legal document from the court stating that the court will issue a warrant for arrest unless the defendant shows up in court or pays bail. Lawyer: A person qualified to represent clients in court and advise them on legal matters. (See also lawyer, lawyer.) Legal advice; A term that is also used to refer to lawyers in a case. Parenting Courses: Courses that help parents focus on their children`s needs and provide information to parents to create a stimulating, non-threatening home environment.