Glossary

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Term Definition
Exonerate

Removal of a charge, responsibility or duty.

Expunction

Official and formal erasure of a record or partial contents of a record.

Extenuating circumstances

Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

Extradition

Surrender by one state to another of a person accused or convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him/her, demanding his/her surrender.

Family allowance

A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.

Felony

A crime more serious than a misdemeanor, carrying a penalty of possible incarceration in a state prison facility.

Fiduciary

A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other's benefit: i.e., a guardian, trustee or executor.

File

To place a paper in the official custody of the clerk of court/court administrator to enter into the files or records of a case.

Filed in open court

Court documents entered into the file in court.

Finding

Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.

First appearance

The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his/her arrest. Generally, the person comes before a judge within hours of the arrest. Also called initial appearance.

Forfeiture

The loss of property or a privilege due to breaking a law.

Fraud

Intentional deception to deprive another person of property or to injure that person in some way.

Fugitive

A person who flees from one state to another to avoid prosecution.

Garnishment

A legal proceeding in which a debtor's money, in the possession of another (called the garnishee) is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.

General jurisdiction

Refers to courts that have no limit on the types of criminal and civil cases they may hear.

Good/Gain time

A reduction in sentenced time in prison as a reward for good behavior. It usually is one-third to one-half off the maximum sentence.

Grand jury

A jury of inquiry of not more than 21 and not less than 15 persons, with at least 12 concurring before an indictment may be returned.

Grantor

The person who sets up a trust.

Guardian

1. A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative.
2. Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself/herself. A guardian also may be given responsibility for the person's financial affairs, and thus perform additionally as a conservator. (See also conservatorship.)