Language of the Court Explained: Definitions for People Who Like Understanding What They’re Reading

There was once a time when the legal system was riddled with legal jargon (a.k.a. legalize) and Latin on purpose.  Reading a legal document from this era was like reading poetry written with the intention of using as many $10 words as possible to make the writer seem sophisticated and worthy of their hourly rate.  Luckily for society, in the last few years the legal community has realized that writing in a way that people can understand was far more important than sounding fancy.  Nevertheless, there are terms that have survived this purge for various reasons.  What follows are some of the terms still used in the Family Court and their definitions written in plain English for the average person to understand.  All underlined terms are defined elsewhere.  Please note that some of the below words are common English words with specific legal meanings.  I hope that what follows helps. 

Affidavit:  A written statement made under oath.  An affidavit needs to be notarized. 

Bench:  Where the judge physically sits.

Bench Trial:  A trial without a jury, the judge is the person who decides facts and applies the law. 

Burden of Proof: The obligation of a party/litigant to prove their case.  In the Family Court the burden of proof is a preponderance of the evidence. 

Case Law:  Law that was created through court Opinions rather than Statutes.

Chambers:  The judges’ office. 

Contempt:  You may be found in contempt and suffer the consequences of not following the court’s Orders.

Dissolution of Marriage:  Simply put, this means divorce.  It can be contested or uncontested. 

Docket:  A list of cases on a court’s calendar or schedule.

Docket Number:  The unique number assigned to a case. 

Evidence: The information used in court to prove or disprove an allegation.  This can be testimony or physical evidence such as photographs or documents. 

Family Court: Family cases are specialized civil cases where the disputes involve children, spouses or domestic partners. Examples of family cases are those involving divorce, adoption, juvenile delinquency, child abuse, child support, and domestic violence. Most cases in the Family Court are decided by a judge instead of a jury.

Finder of Fact: The person or people reasonable for determining which facts will be accepted as true by the court.  This can be a jury or a judge. 

Finder of Law: A judge will be the finder of law, meaning they determine which laws apply and how. 

Free Process:  A pleading that, if approved by the court, will allow a litigant to file pleadings with the court free of charge. This is an income based request. 

Hearing:  A court proceeding in which evidence is presented to determine facts that are in dispute.  This can be in person, by video, or by phone. 

Litigant: Is a person or entity involved in the case. In the Family Court a party will be called “Petitioner” or “Respondent” rather than “Plaintiff” or “Defendant.” 

Litigation: A legal dispute between parties argued in a court. 

Motion:  The pleading is filed when a party wants to ask the Court for something. 

Notarized Pleading:  A pleading signed before a notary public who verifies the signature.  A verified pleading will also be notarized. 

Opinion: The written explanation of a court’s decision in a matter.

Order: Direction from the court that outlines what a party must do.

Party: Is a person or entity involved in the case. In the Family Court a party will be called “Petitioner” or “Respondent” rather than “Plaintiff” or “Defendant.” 

Paternity:  The process of establishing who the biological father of a child is. 

Preponderance of the Evidence: The burden of proof level that requires a party to show that their version of events is more likely than not. Criminal proceedings usually require a showing of “beyond a reasonable doubt” which is a much higher burden. 

Protective Order:  An Order of the court outlining how the relationship between parties will be restricted.  This is commonly referred to as a Restraining Order. 

Petition:  The initial document to open a case. 

Petitioner: The person who first files a Petition or Motion with the court. 

Pleading:  Document filed with the court. 

Pro se: This one is Latin which directly translates to “for himself.”  When you see this it will probably be in italicized font and means that the party is self-represented/without an attorney. 

Respondent: The person who has a Petition or Motion brought against them. 

Separation: The act of separation is simple, however, when used within the court system a separation is a legal term similar to dissolution of marriage and must be filed with the court. 

Service:  The act of legally providing pleadings to a party. 

Statute: Laws, or statutes, enacted by legislatures, such as the New Mexico State Legislature or the United States Congress.

Testimony: Statements made by witnesses in court.

Witness:  Person providing testimony to the court. 

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