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Illinois Legal Terms Dictionary
We try to provide "plain English" meanings for common legal terms that appear in Illinois cases on a regular basis. We continuously update this directory so please check back for updates. If there is a term that you have a question about that you don't see on this list, please do not hesitate to call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you.
Action: An action is a legal term for a judicial or legal proceeding.
Administrator: An administrator is also called an executor. An administrator is a person appointed by the court to manage the assets and estate of someone who dies without a will.
Allegation: An allegation is the actual declaring or asserting of something to be true, particularly in a legal pleading. The individual is claiming the event or action in question to be factual.
Arbitration: Arbitration is a method of alternative dispute resolution. Instead of going to court, the parties chose arbitration. A neutral party or parties are involved to help make a decision which can be either binding or advisory.
Arraignment: Process by which a criminal defendant is officially read the charges against him.
Circuit Court: Circuit courts are located throughout the states. They have jurisdiction over several counties or districts within the state. Circuit courts act within these counties or districts.
Civil Case: A civil case is a non-criminal litigation brought by an individual to protect or preserve a civil or private right or matter.
Consumer Fraud: Fraud is defined as a deception deliberately done to secure unfair or unlawful gain. Consumer fraud cases generally involve the wrongful conduct of an insurance company or a finance company that intentionally deceives an individual in order to unlawfully profit.
Damages: Damages are monetary compensations paid through the courts to individuals that have suffered an injury or detriment due to the negligence or omission of another. Damages are court ordered.
Decedent: Decedent is a legal term that is used to describe a deceased person, usually someone who has recently died.
Estate: An estate is the extent of interest a person may have in real and personal property. This generally includes the property and assets that one owns.
Evidence: Evidence is a type of proof that can be legally presented at trial; it is used to establish or disprove a fact. Evidence can be in many forms. The actions of the parties involved in the trial can be evidence. People, called witnesses, can testify at trial and their testimony may be considered evidence. Evidence also comes in the forms of records, documents, exhibits and concrete objects.
Federal Crimes: Federal crimes are acts which have been made criminal by federal law. Most federal crimes may be found in Title 18 of the United States Code. Some examples are RICO offenses, tax evasion and interstate kidnapping. Federal crimes are prosecuted in federal courts.
Felony: A felony is a crime that is more "grave" than a misdemeanor.
Guardianship: A guardianship is a legal arrangement where one person (the guardian) has the legal right and duty to care for another person and that person's property. Most people create a guardianship because of the inability of that person to legally act on his or her own behalf. Someone may lack this ability because of a mental or physical incapacity or because they are not or age yet.
Heirs: An heir is a legal term used to describe the person who is the successor to property either by will or by law. Many people refer to the heir of an estate, which simply means the heir is the person, or one of the people, who will receive the property and assets of a recently deceased person.
Jurisdiction: Jurisdiction refers to the power and authority of a court to hear a case. A court needs jurisdiction in regards to the subject matter of the case and also the location of the claim.
Misdemeanor: In most states, a misdemeanor is any charge that does not qualify as a felony. Jail time for a misdemeanor in Illinois is up to 364 days.
Negligence: When someone commits an act of negligence, they fail to do what a person exercising ordinary care would do under similar circumstances.
Non-Economic Damages: Non-economic damages are damages for things such as pain, suffering, and loss of companionship. Non-economic damages can be compared to economic damages, such as loss of wages, medical bills, and damage to property. Economic damages have specific monetary values, whereas non-economic damages do not.
Petition: A petition is a formal written request presented to a court or other official. Generally, this is the first legal step when filing a claim.
Probate: Probate is a procedure at court used to determine if a will is valid or not. You may also hear this word used as a term to define the process of administrating a decedent's estate. This process includes: collecting the decedent's assets, paying necessary bills and taxes, and distributing property to the decedent's heirs.
Power of Attorney: Power of attorney refers to a form signed by a competent individual that designates another person to be an agent to make decisions for that individual. It is valid only during the lifetime of the individual giving the powers. There are two basic types or power of attorney. Power of attorney for financial gives the agent the power to make decisions relevant to financial matters. Power of attorney for health care gives the agent the power to make decisions relevant to health care decisions.
Punitive Damages: Punitive damages are used to punish the defendant or to set an example of him or her because of his or her outrageous or intentional conduct and often serve as a deterrent from preventing that conduct in the future.
Small Claims: Small claims usually refer to the collection of small debts and accounts. Small claims court is special court, which hears only small claims, and is less expensive and less formal than a typical court.
Statute of Limitations: A statute of limitation is a statute declaring a time period in which is case must be brought in court. The time period may be different depending on the claim or charge. After the time period has expired, no legal action can be brought.
Statutory Summary Suspension: A statutory summary suspension is an administrative procedure providing for the automatic driver's license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing.
Workers' Compensation Commission: Formerly known as the Illinois Industrial Commission, this is the state body that administers workers' compensation claims in Illinois. They do not provide attorneys, but rather have Arbitrators whose job it is to resolve disputes in Illinois workers compensation disputes.
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