Glossary

Conservator

A guardian, protector, or preserver; a person or institute appointed to manage the financial affairs and property of an incapacitated person.

Contempt of Court

Conduct that defies the authority or dignity of a court or legislature, punishable usually by fine or imprisonment. "Direct contempt" is contempt that is committed in open court, as when a lawyer insults a judge on the bench. "Indirect contempt" is contempt that is committed outside the court, as when a party disobeys a court order.

Court Reporter

A person who records testimony, stenographically or by electronic or other means, and when requested, prepares a transcript.

District Judge

A judge of the district court elected district wide or appointed by the governor following screening by the State Judicial Council. District judges have original jurisdiction in all cases, except for a few limited proceedings that may be initiated in the Supreme Court. However, by assignment many cases originate in the magistrates division. The district court also hears appeals from decisions in the magistrates division and from various state agencies and commissions.

Ex Parte - (ex par'tee)

On or from one party, usually without notice to or argument from the adverse party.

Fiduciary - (fi-du'shi-a-ri)

One who owes to another the duties of good faith, trust, confidence, and candor.

Fraud

A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment.

Guardian

One who has the legal authority and duty to care for another's person or property, especially because of the other's infancy, incapacity, or disability.

Guardian Ad Litem - (ad li'tem)

A guardian, usually a lawyer, appointed by the court to appear in a lawsuit on behalf of an incompetent or minor party.

Holographic Will

A will that is entirely handwritten by the testator. Idaho allows holographic wills; not all states do. The technical requirements for a valid holograph vary from state to state.

Intestate

Of or relating to a person who has died without a valid will.

ISTARS

An acronym for Idaho Statewide Trial Court Automated Records System. ISTARS is a computer system used by Idaho's trial courts to assist in the processing of all cases filed at the trial court level.

Judgment

A court's final determination of the rights and obligations of the parties in a case.

Jurisdiction

A government's general power to exercise authority over all persons and things within its territory.

Jurisprudence

The philosophy of law; the study of the general or fundamental elements of a particular legal system, as opposed to its practical and concrete details.

Magistrate

A judge of the magistrates division of the district court. Magistrates have limited jurisdiction as determined by rules of the Supreme Court and the district court. They are selected by the Magistrates Commission and stand retention election on a "yes/no" ballot.

Negligence

The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.

Order to Show Cause Hearing

A hearing in which a person is ordered to appear in court and explain why the party took (or failed to take) some action or why the court should or should not grant some relief.

Petition

A formal written request presented to a court or other official body.

Power of Attorney

an instrument granting someone authority to act as agent or attorney-in-fact for the grantor.

Probate

The judicial process by which a testamentary document is established to be a valid will; the proving of a will to the satisfaction of the court.

Rebuttal-in-Court 

Contradiction of an adverse party's evidence; the time given to a party to present contradictory evidence or arguments.

Register of Actions

A chronological history of the events associated with a court case. The register of actions is typically maintained in a computerized format on the ISTARS computer.

Respondent

The party against whom an appeal is taken; the party against whom a motion or petition is filed.

Retainer

A client's authorization for a lawyer to act in a case; a fee paid to a lawyer to secure legal representation.

Statute

A law passed by a legislative body.

Stipulation

A voluntary agreement between opposing parties concerning some relevant point.

Undue Influence

The improper use of power or trust in a way that deprives a person of free will and substitutes another's objective.

Venue - (ven'u)

The proper or possible place for the trial of a lawsuit, usually because the place has some connection with the events that have given rise to the lawsuit.

Will

A document by which a person directs his or her estate to be distributed upon death.