Legal jargon can be complex and confusing on a good day, but when your marriage, finances, children, and home are in question, that confusion can add unnecessary stress on top of an already trying situation.
The legal field, like many other professions, has established specific meanings to terms that would not otherwise be clear to a person seeing them for the first time. It is important to note that these are considered “terms of art” meaning that the term represents a specific concept within the practice of law. “Terms of art” can and sometimes do have similar meanings, but just because a term is “similar” does not make it the same. Cases have been won and lost based on individual words used in the documents that lawyers create, so it is important that the right word or term is used every time.
The Nordgren Law Offices believes that clarity is the best policy, so to help ease some of the confusion, and help translate the legal-eese, we have compiled a list of commonly misconstrued terms.
General terms–
These are terms that you may run into regardless of the kind of case you have
- Nunc Pro Tunc;
Adjective
Literally translated, Nunc Pro Tunc means “now for then” in Latin. In practice, “Nunc Pro Tunc” indicates a request to or order for a change of something that happened earlier in the case.
- In Camera;
Adjective
Literally translated “In Camera” means “In chambers” in Latin. Meetings or interviews held “In Camera” are done in the judge’s chambers, which means they are neither conducted in a courtroom, or are recorded by camera.
- Affidavit;
Noun
Affidavits are simply a written or printed statement, made under Oath. Affidavits can be submitted in support for other filings such as Petitions or Motions.
- Burden of Proof;
Noun
“Burden of Proof” Refers to the duties of the parties, specifically the duty to prove disputed facts. The Burden of Proof may lie in either party depending on the type of case in question, but in Civil cases such as Family law or Probate, the Burden of Proof rests on the Petitioner or Plaintiff.
- Amicus Curie;
Adjective
Literally translated, “Amicus Curie” means “Friend of the Court” in Latin. In practice, Amicus Curie is a term that defines Affidavits or briefs that are made to provide advice from an informed entity with interest in the outcome of the case, but is not actually a party of the case.
- Clerk/ Clerk of Court;
Noun
The Clerk is a person or entity that oversees the administrative functions of the court. Clerk’s manage daily procedure like
- De Facto;
Adjective
Literally translated, “De Facto” means “In Fact” in Latin. “De Facto” can refer to something that exists in fact or in reality, but not in law.
“De Facto” can indicate intent in cases where there is a neutral Action, law or order, made for an ulterior purpose.
- Deposition;
Noun
A statement made under oath, before a neutral person with the ability to administer oaths. Statements made during deposition have the same effect as statements made in Court before the judge.
- Discovery;
Noun
“Discovery” refers to the entire process of obtaining, disclosing, and reviewing evidence prior to trial.
- En Banc,
Adjective
Literally translated, “En Banc” means “On the Bench” in French. A Court sitting “En Banc” requires all appellate Judges to oversee the case, rather than the standard 3 Judges that would regularly review an appellate case.
- Ex Parte;
Adjective
Literally translated, “Ex Parte” means “from one party” in Latin. In practice, Ex Parte motions come from either one of the two parties, without notice to the other party.
Ex Parte is often used to describe inappropriate communications to Judges by a single party. “Ex Parte communication” is not allowed in Cook County, or the State of Illinois.
- Sui Generis;
Adjective
Literally translated “Sui Generis” means “of its own kind” in Latin. In the legal sphere, “Sui Generis” indicates that a disputed issue is one that a Court must review individually. Issues such as parenting time of a child are reviewed “Sui Generis” as each family is different, and the needs of each child will vary. Courts will not consider citations of case law over matters that are “Sui Generis” and will review each situation individually.
Family Law–
These terms are specific to cases involving Divorce, Parentage, Parenting time, Maintenance (formerly referred to as “alimony”), Child Support, and Separation.
- Assets;
Noun
Formerly referred to as “Alimony”, “Maintenance” is the current term used to describe payments of one party to another to maintain the standard of living that party had grown accustomed to during the marriage.
- Guardian Ad Litem;
Noun
A “Guardian ad Litem” or “GAL” refers to an attorney appointed by the Court for the minor child or disabled individual. Guardians Ad Litem will investigate the case and its parties, may conduct interviews, and even issue Subpoenas to obtain information. Guardians ad Litem will then issue a finding to the Judge regarding what they believe to be in the child or disabled person’s best interests.
- Interrogatories;
Noun
“Interrogatories” are a series of formal written questions that begin discovery. Answers to Interrogatories are sworn under Oath, and must be answered truthfully. “Interrogatory” questions must pertain to the facts of the case, and cannot wander outside of the scope of the proceedings. Personal questions such as requesting names of Mistresses do not require a response to be complete.
- Marital Estate;
Noun
“Marital Estate” refers to the concept of the parties’ marriage. During the divorce process, a court will view the matter as containing three individuals: the parties as individuals, and the “marital estate”. The “Marital estate” is what is divided in divorce. Any financial gains, losses, property, real estate, or business that was created by a party during the marriage is considered to be owned by the “Marital Estate” and thus must be divided.
- Parenting time;
Noun
“Parenting Time” refers to the duration of visits or number of days in a year that a party has with their child. “Parenting time” is used to determine matters of child custody, child support, and decision making rights of the parties.
- Post Decree;
Adjective
“Post Decree” refers to any action in a divorce case that occurs after the Divorce is finalized, and the “Judgment for Dissolution of Marriage” has been entered by the Judge.
- QDRO;
Noun
“QDRO” or “Qualified Domestic Relations Order” is an ORder of the court that occurs after the divorce is granted. “QDRO”s are specifically entered to divide non-state conducted retirement plans.
- QILDRO;
Noun
Similar to a “QDRO” a “QILDRO” is an Order entered after the Divorce is finalized, with the intent to divide retirement accounts, but “QILDRO”s only divide retirement plans and pensions held by the state, due to state employment.
Have more questions about Family law? Check out our other posts here to see if we have already discussed your question!
Probate–
These terms are specifically for cases involving the disposition of property of someone who has passed away.
- Adeem/ Ademption;
Verb
The act of withdrawing a gift or devise after the testator’s death, specifically because the estate no longer controls the property, or the estate does not contain enough money to make the full gift.
- Administrator;
Noun
An “Administrator” is someone who, through the decision of the Court, has the duty to dispose of a deceased person’s property. Administrators are appointed only in cases where the deceased person did not have a will, and because of this, the “Administrator” must provide some form of insurance in the form of a Bond.
- Ascheat;
Verb
When a person passes away, and has no living heirs, the property held in the person’s estate can “Ascheat” to the state, meaning that the state has a vested right of ownership in the property of citizens who die without heirs or a will.
- Beneficiary;
Noun
A “beneficiary” is a person who is named in either a will or a trustee, and will receive either property, or rights under that document.
Beneficiaries may also be named in things such as life insurance policies, which are not subject to Probate law, and cannot be divided or given during the probate process.
- Creditor;
Noun
A person, company, corporation, or financial institution who gives a loan either to the decedent, or on behalf of the decedent’s estate. Creditors are protected under Illinois statute, and Administrators and Executors of estates are required to give 6 months notice, or hold estates open for two years for creditors to request the full patent of their loan.
When Administering an estate, whether it includes a will or not, creditors must be paid first before any property gifts are made to beneficiaries.
- Decedent;
Noun
Term used for the person who has passed. “Decedent” is often used in Court proceedings where a person has passed away without a will.
- Debtor;
Noun
A person or estate that takes out a loan from a crediting party. Estates that either give loans or the decedent gave a loan prior to passing have the right to collect the debt owed to them pursuant to any loan agreement.
- Devise;
Verb or Noun
Verb: To give, particularly in an estate planning document, to an individual permanently
Noun: Referring to the money, property, or items that was given
- Executor;
Noun
An “Executor” is the person in charge of following the wishes laid out in a will. An executor is not required to have bond, and are more easily appointed due to the nature of the will.
- Heir-apparent;
Noun
An “Heir-apparent” is an individual that would be the next-in-line relative to take the property of a person, but the person who presently owns the property is not yet deceased.
- Heir;
Noun
An heir is a relative to an already deceased family member, who is the next-in-line person to take all or part of the deceased person’s estate
- Intestate;
Adjective
The term “intestate” is used to describe a deceased person’s estate after their passing. When a person dies “intestate” it means that person passed away without making a will. The designation is important, because the Probate Court must follow different rules for estates involving a will and those that do not.
- Testator;
Noun
Term used for the deceased individual who died leaving a will.
- Will;
Noun
A “will” or “Last Will and Testament” refers to a legally binding document produced by the deceased person, which details how they would like their property to be disposed of. In the state of Illinois, a Will must be witnessed by two witnesses and signed by the named person.
Have more questions about Probate? Check out our posts here to see if we have already discussed your question!
Real Estate–
These are terms you may see when buying, selling, or transferring ownership of property
- Grantor;
Noun
The “Grantor” of real property is the present owner of the property, who is either selling or gifting the property to another person or entity.
- Grantee;
Noun
The person or entity seeking to purchase or receive as a gift the property held by the Grantor.
**Please note that nothing in this Blog should be construed as giving legal advice.
Don’t see what you need? If there are any terms or words that are not listed above that you are looking to translate, please leave a comment, or feel free to contact the Nordgren Law Offices for a free consultation!