Common Legal Words
(Taken
from the Connecticut Practice Book) |
Common Legal Words
Answer - (Practice Book
Sec. 10-46):
The defendant in the answer shall specially deny
such allegations of the complaint as the defendant intends to controvert,
admitting the truth of the other allegations, unless the defendant intends
in good faith to controvert all the allegations, in which case he or she may
deny them generally. Any defendant who intends to controvert the right of
the plaintiff to sue as executor, or as trustee, or in any other
representative capacity, or as a corporation, or to controvert the execution
or delivery of any written instrument or recognizance sued upon, shall deny
the same in the answer specifically.
(P.B. 1978-1997, Sec. 160.)
Bail - (Practice Book Sec. 38-7):
In any criminal case in which a bond is allowed or required and the amount
thereof has been determined, the defendant, or any person in his or her
behalf, may deposit with the clerk of the court having jurisdiction of the
offense with which the defendant stands charged, or any assistant clerk of
such court who is bonded in the same manner as the clerk, or any person or
officer authorized to accept bail, a sum of money equal to the amount called
for by such bond, and such defendant shall thereupon be admitted to bail.
When cash bail is offered, such bond shall be executed and the money shall
be received in lieu of a surety or sureties upon such bond. Such cash bail
shall be retained by the clerk of such court until a final order of the
judicial authority disposing of the case is entered, provided that if such
bond is forfeited, the clerk of such court shall pay the money to the
obligee named therein, according to the terms and conditions of the bond.
Upon discharge of the bond the cash deposit made with the clerk shall be
returned to the person depositing the same.
(P.B. 1978-1997, Sec. 663.)
Bond - (Practice Book Sec. 38-9):
(a) In lieu of a cash bond, the defendant, or any person in the defendant’s
behalf, may pledge equity in real property located within the state of
Connecticut as bond. (b) Unless otherwise ordered by the judicial authority,
the pledge shall be accepted and the defendant shall be admitted to bail
upon receipt of the following: (1) proof that a notice of lien containing
the terms of the bond has been properly filed, pursuant to the provisions of
General Statutes § 54-66, on a form prescribed by the office of the chief
court administrator in the office of the town clerk of the town in which the
property is located; (2) a current certificate of title from an attorney
containing a listing of all encumbrances of record including the notice of
lien; (3) one independent appraisal by a licensed real estate appraiser
prepared within ninety days of application as to present fair market value;
and (4) an affidavit by each owner of the property setting forth (A) the
location of the property, (B) the affiant’s ownership interest therein, (C)
the amount of the affiant’s equity in the property, (D) the present fair
market value as shown on the appraisal, (E) the present amount of each
encumbrance of record filed prior to the notice of lien required by this
subsection, and the present amount of any tax liabilities, and (F) whether
the same property is pledged as security for any other bonds under this
section or for any other purpose. (c) All record owners of the property as
well as the accused shall enter into a bond for the appearance of the
accused. (d) The value of the owner’s equity as calculated and verified
pursuant to this section shall be not less than the amount of bail set by
the judicial authority, but shall not be required to be in any greater
amount unless the equity is pledged as security for other bonds under this
section, in which case the value of the equity shall be not less than the
total amount of all bonds for which it is pledged. (e) Upon order of
forfeiture of the bond, the procedures set forth in General Statutes § 54-66
shall be followed.
(P.B. 1978-1997, Sec. 665.) (Amended June 30, 2003, to
take effect Jan. 1, 2004.)
Bond
Forfeiture - (Practice Book Sec. 38-22):
Whenever an
arrested person, whose bond has been forfeited, is returned to the
jurisdiction of the court within one year of the date such bond was ordered
forfeited, the surety on such bond shall be entitled to a rebate in the
following amount: (1) 46 percent of the amount of the bond ordered forfeited
if the arrested person is returned to the jurisdiction of the court within
210 days of the date such bond was ordered forfeited; (2) 38 percent of the
amount of the bond ordered forfeited if the arrested person is returned to
the jurisdiction of the court within 240 days of the date such bond was
ordered forfeited; (3) 30 percent of the amount of the bond ordered
forfeited if the arrested person is returned to the jurisdiction of the
court within 270 days of the date such bond was ordered forfeited; (4) 23
percent of the amount of the bond ordered forfeited if the arrested person
is returned to the jurisdiction of the court within 300 days of the date
such bond was ordered forfeited; (5) 15 percent of the amount of the bond
ordered forfeited if the arrested person is returned to the jurisdiction of
the court within 330 days of the date such bond was ordered forfeited; (6) 7
percent of the amount of the bond ordered forfeited if the arrested person
is returned to the jurisdiction of the court within one year of the date
such bond was ordered forfeited.
(P.B. 1998.)
Complaint - (Practice Book Sec. 10-20):
The first pleading on the part of the plaintiff shall be known as the
complaint. It shall contain a concise statement of the facts constituting
the cause of action and, on a separate page of the complaint, a demand for
relief which shall be a statement of the remedy or remedies sought. When
money damages are sought in the demand for relief, the demand for relief
shall include the information required by General Statutes § 52-91.
(P.B.
1978-1997, Sec. 131.)
Contempt
of Court - (Practice Book Sec. 1-13A):
(a) Any person or
court officer misbehaving or disobeying any order of a judicial authority in
the course of any judicial proceeding may be adjudicated in contempt and
appropriately punished. (b) Contempt may be either criminal or civil. When
criminal, it may be summary or nonsummary criminal contempt.
(Adopted
June 28, 1999, to take effect Jan. 1, 2000.)
Counterclaim - (Practice Book Sec. 10-10):
Supplemental pleadings showing matters arising since the original pleading
may be filed in actions for equitable relief by either party. In any action
for legal or equitable relief, any defendant may file counterclaims against
any plaintiff and cross claims against any codefendant provided that each
such counterclaim and cross claim arises out of the transaction or one of
the transactions which is the subject of the plaintiff’s complaint; and if
necessary, additional parties may be summoned in to answer any such
counterclaim or cross claim. A defendant may also file a counterclaim or
cross claim under this section against any other party to the action for the
purpose of establishing that party’s liability to the defendant for all or
part of the plaintiff’s claim against that defendant.
(P.B. 1978-1997,
Sec. 116.)
Foreman:
The jury will first elect a foreperson to preside over the deliberations.
The jurors will then discuss and evaluate the evidence. All jurors should
have the opportunity to express ideas and opinions on the case. If jurors
aren’t clear about the judge’s charge or any matters of law, the foreperson
may send written questions to the judge.
Interrogatory - (Practice Book Sec. 13-6):
(a) In any civil action, in any probate appeal, or in any administrative
appeal where the judicial authority finds it reasonably probable that
evidence outside the record will be required, any party may serve in
accordance with Sections 10- 12 through 10-17 written interrogatories, which
may be in electronic format, upon any other party to be answered by the
party served. Written interrogatories may be served upon any party without
leave of the judicial authority at any time after the return day. Except as
provided in subsection (c) or where the interrogatories are served
electronically as provided in Section 10-13 and in a format that allows the
recipient to electronically insert the answers in the transmitted document,
the party serving interrogatories shall leave sufficient space following
each interrogatory in which the party to whom the interrogatories are
directed can insert the answer. In the event that an answer requires more
space than that provided on interrogatories that were not served
electronically and in a format that allows the recipient to electronically
insert the answers in the transmitted document, the answer shall be
continued on a separate sheet of paper which shall be attached to the
completed answers. (b) Interrogatories may relate to any matters which can
be inquired into under Sections 13-2 through 13-5 and the answers may be
used at trial to the extent permitted by the rules of evidence. In all
personal injury actions alleging liability based on the operation or
ownership of a motor vehicle or alleging liability based on the ownership,
maintenance or control of real property, the interrogatories shall be
limited to those set forth in Forms 201, 202 and/or 203 of the rules of
practice, unless upon motion, the judicial authority determines that such
interrogatories are inappropriate or inadequate in the particular action.
These forms are set forth in the Appendix of Forms in this volume. Unless
the judicial authority orders otherwise, the frequency of use of
interrogatories in all actions except those for which interrogatories have
been set forth in Forms 201, 202 and/or 203 of the rules of practice is not
limited. (c) In lieu of serving the interrogatories set forth in Forms 201,
202 and/or 203 on a party who is represented by counsel, the moving party
may serve on such party a notice of interrogatories, which shall not include
the actual interrogatories to be answered, but shall instead set forth the
number of the Practice Book form containing such interrogatories and the
name of the party to whom the interrogatories are directed. The party to
whom such notice is directed shall in his or her response set forth each
interrogatory immediately followed by that party’s answer thereto. (d) The
party serving interrogatories or the notice of interrogatories shall not
file them with the court.
(P.B. 1978-1997, Sec. 223.) (Amended June 28,
1999, to take effect Jan. 1, 2000; amended Aug. 24, 2001, to take effect
Jan. 1, 2002; amended June 30, 2008, to take effect Jan. 1, 2009.)
Minor - (Practice Book Sec. 1-1d):
Except as otherwise provided by statute, on and after October 1, 1972, the
terms "minor", "infant" and "infancy" shall be deemed to refer to a person
under the age of eighteen years and any person eighteen years of age or over
shall be an adult for all purposes whatsoever and have the same legal
capacity, rights, powers, privileges, duties, liabilities and
responsibilities as persons heretofore had at twenty-one years of age, and
"age of majority" shall be deemed to be eighteen years.
Parole - (Practice Book Sec. 54-125a):
(a)
A person convicted of one or more crimes who is incarcerated on or after
October 1, 1990, who received a definite sentence or aggregate sentence of
more than two years, and who has been confined under such sentence or
sentences for not less than one-half of the aggregate sentence or one-half
of the most recent sentence imposed by the court, whichever is greater, may
be allowed to go at large on parole in the discretion of the panel of the
Board of Pardons and Paroles for the institution in which the person is
confined, if (1) it appears from all available information, including any
reports from the Commissioner of Correction that the panel may require, that
there is reasonable probability that such inmate will live and remain at
liberty without violating the law, and (2) such release is not incompatible
with the welfare of society. At the discretion of the panel, and under the
terms and conditions as may be prescribed by the panel including requiring
the parolee to submit personal reports, the parolee shall be allowed to
return to the parolee's home or to reside in a residential community center,
or to go elsewhere. The parolee shall, while on parole, remain under the
jurisdiction of the board until the expiration of the maximum term or terms
for which the parolee was sentenced. Any parolee released on the condition
that the parolee reside in a residential community center may be required to
contribute to the cost incidental to such residence. Each order of parole
shall fix the limits of the parolee's residence, which may be changed in the
discretion of the board and the Commissioner of Correction. Within three
weeks after the commitment of each person sentenced to more than two years,
the state's attorney for the judicial district shall send to the Board of
Pardons and Paroles the record, if any, of such person. (b) (1) No person
convicted of any of the following offenses, which was committed on or after
July 1, 1981, shall be eligible for parole under subsection (a) of this
section: Capital felony, as provided in section 53a-54b, felony murder, as
provided in section 53a-54c, arson murder, as provided in section 53a-54d,
murder, as provided in section 53a-54a, or aggravated sexual assault in the
first degree, as provided in section 53a-70a. (2) A person convicted of (A)
a violation of section 53a-100aa or 53a-102, or (B) an offense, other than
an offense specified in subdivision (1) of this subsection, where the
underlying facts and circumstances of the offense involve the use, attempted
use or threatened use of physical force against another person shall be
ineligible for parole under subsection (a) of this section until such person
has served not less than eighty-five per cent of the definite sentence
imposed. (c) The Board of Pardons and Paroles shall, not later than July 1,
1996, adopt regulations in accordance with chapter 54 to ensure that a
person convicted of an offense described in subdivision (2) of subsection
(b) of this section is not released on parole until such person has served
eighty-five per cent of the definite sentence imposed by the court. Such
regulations shall include guidelines and procedures for classifying a person
as a violent offender that are not limited to a consideration of the
elements of the offense or offenses for which such person was convicted. (d)
The Board of Pardons and Paroles shall hold a hearing to determine the
suitability for parole release of any person whose eligibility for parole
release is not subject to the provisions of subsection (b) of this section
upon completion by such person of seventy-five per cent of such person's
definite or aggregate sentence. An employee of the board or, if deemed
necessary by the chairperson, a panel of the board shall reassess the
suitability for parole release of such person based on the following
standards: (1) Whether there is reasonable probability that such person will
live and remain at liberty without violating the law, and (2) whether the
benefits to such person and society that would result from such person's
release to community supervision substantially outweigh the benefits to such
person and society that would result from such person's continued
incarceration. After hearing, if the board determines that continued
confinement is necessary, it shall articulate for the record the specific
reasons why such person and the public would not benefit from such person
serving a period of parole supervision while transitioning from
incarceration to the community. The decision of the board under this
subsection shall not be subject to appeal. (e) The Board of Pardons and
Paroles shall hold a hearing to determine the suitability for parole release
of any person whose eligibility for parole release is subject to the
provisions of subdivision (2) of subsection (b) of this section upon
completion by such person of eighty-five per cent of such person's definite
or aggregate sentence. An employee of the board or, if deemed necessary by
the chairperson, a panel of the board shall assess the suitability for
parole release of such person based on the following standards: (1) Whether
there is reasonable probability that such person will live and remain at
liberty without violating the law, and (2) whether the benefits to such
person and society that would result from such person's release to community
supervision substantially outweigh the benefits to such person and society
that would result from such person's continued incarceration. After hearing,
if the board determines that continued confinement is necessary, it shall
articulate for the record the specific reasons why such person and the
public would not benefit from such person serving a period of parole
supervision while transitioning from incarceration to the community. The
decision of the board under this subsection shall not be subject to appeal.
(f) Any person released on parole under this section shall remain in the
custody of the Commissioner of Correction and be subject to supervision by
personnel of the Department of Correction during such person's period of
parole.
Peremptory
Challenge - (Practice Book Sec. 16-5):
Each party may
challenge peremptorily the number of jurors which each is entitled to
challenge by law. Where the judicial authority determines a unity of
interests exists, several plaintiffs or several defendants may be considered
as a single party for the purpose of making challenges, or the judicial
authority may allow additional peremptory challenges and permit them to be
exercised separately or jointly. For the purposes of this section, a "unity
of interest" means that the interests of the several plaintiffs or the
several defendants are substantially similar. A unity of interest shall be
found to exist among parties who are represented by the same attorney or law
firm. In addition, there shall be a presumption that a unity of interest
exists among parties where no cross claims or apportionment complaints have
been filed against one another. In all civil actions, the total number of
peremptory challenges allowed to the plaintiff or plaintiffs shall not
exceed twice the number of peremptory challenges allowed to the defendant or
defendants, and the total number of peremptory challenges allowed to the
defendant or defendants shall not exceed twice the number of peremptory
challenges allowed to the plaintiff or plaintiffs.
(P.B. 1998.) (Amended
June 21, 2004, to take effect Jan. 1, 2005.)