English/Vietnamese Legal Glossary

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English/Vietnamese Legal Glossary English/Vietnamese Legal Glossary Translated from English into Vietnamese by Kim Ryan, Esq. Superior Court of California, County of Sacramento 720 9 th Street Sacramento, CA 95814 Phone: (916) 874-6867 Fax: (916) 874-8229 www.saccourt.com 2005 Disclaimer The Superior Court of California, County of Sacramento ("Court"), has prepared this Legal Glossary. The Court cannot guarantee that the translations contained therein are completely accurate, although reasonable attempts were made to achieve this goal.

This glossary is to be used for general reference purposes only, should be considered a "work- in-progress," and is not intended to provide legal advice. This glossary is not intended to be used as a study guide for purposes of passing California court interpreter certification examinations, as some terminology might differ when used in specific context. Neither the Administrative Office of the Courts, nor the Superior Court of California, Sacramento County, nor any of its officials or employees assumes any legal liability or responsibility for the accuracy of these translations.

For more information or comments, please contact Ms. Elaine Flores, Administrative Services Officer II of the Court, at (916) 874-8663 or via e-mail at florese@saccourt.com . 1 1203.03 PC MOTION - Request to cancel, modify, change or terminate probation.

Thænh ... more. less.

nguyeän 1203.03 Hình Luaät. 1203.4 PC MOTION - Request to take back guilty plea or set aside a guilty verdict, and dismiss the accusations or information. (Made after probation has either terminated or defendant was discharged from probation prior to termination.) Thænh nguyeän 1203.04 Hình Luaät. 170.6 PC MOTION - Request to disqualify the assigned judge from hearing a matter. Thænh nguyeän 170.6 Hình Luaät. 995 PC MOTION - Request made by a defendant to dismiss a count of information. Thænh nguyeän 995 Hình Luaät. ABANDONMENT - When a parent leaves a child without enough care,supervision, support, or parental contact for an excessive period of time. Söï boû rôi, boû beâ. ABATE - To put an end to; to cancel out.Huûy boû; ñình chæ. ABATEMENT OF ACTION - A suit which has been set aside and ended. Ñình chæ vieäc kieän tuïng. ABDUCTION - The offense of taking away a wife, child, or ward, by deceitful persuasion, force, or violence. Söï baét coùc. ABROGATE - To repeal or cancel an old law using another law or constitutional power. Huûy tieâu, huûy boû. ABSTRACT - A summary of what a court or government agency does. In Traffic, document that is sent to the Department of Motor Vehicles (DMV) to update driving record. Baûn toùm löôïc. ABSTRACT OF JUDGMENT- Summary of the court's final decision. Can be used as a lien if you file it with the county recorder. Toùm löôïc aùn vaên. ABSTRACT OF RECORD - Short form of the case. Baûn toùm taét bieân baûn vuï aùn. 2 ABUSE -(1) immoderate or improper use; (2) to do physical, sexual, or psychological harm to someone. 1) Söï laïm duïng; 2) Ngöôïc ñaõi. ABUSE OF PROCESS - Misuse of the power of the court. Söï laïm duïng trình töï toá tuïng. Söï laïm duïng quyeàn cuûa toøa. ACCESSORY - A person who helps someone else commit a crime, either before or after the crime. Toøng phaïm. ACCIDENT AND MISFORTUNE - an unintentional event; unforeseen event causing misfortune. Söï vieäc ngaãu nhieân taïo baát haïnh. ACCOMPLICE - A person that helps someone else commit a crime. Can be on purpose or not. Toøng phaïm, ñoàng loõa. ACCORD - A satisfaction agreed upon between the parties in a lawsuit, which prevents further actions after the claim. Söï thoûa thuaän, ñoàng yù. ACCORD AND SATISFACTION - Agreement by the parties to settle a claim or dispute in which the parties typically agree to give or accept something. Söï thoûa thuaän vaø thi haønh. ACCRUAL - The total amount of child support payments that are owed or that are late. Tieàn tích luõy. ACCUSATION - A formal charge against a person. Söï caùo buoäc, khôûi toá leäänh traïng. ACCUSED - The person that is charged with a crime and has to go to criminal court. (See DEFENDANT). Bò caùo; can phaïm. ACKNOWLEDGMENT - Saying, testifying, or assuring that something is true. Vieäc xaùc nhaän. ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT - A court form that the person who wins the case must fill out, sign, and file with the court when the judgment is fully paid. If there are no liens, the back of the Notice of Entry of Judgment can be signed and filed with the court (See JUDGMENT, CREDITOR, JUDGMENT.) Vieäc xaùc nhaän chaáp haønh aùn vaên. 3 ACQUIT - To legally find the innocence of a person charged with a crime. To set free, release or discharge from an obligation, burden or accusation. To find a defendant not guilty in a criminal trial. Tha boång, xöû traéng aùn. ACQUITTAL - When a judge or jury finds that the person on trial is not guilty. Söï tha boång, traéng aùn. ACTION - In court, when one person sues someone else to, defend or enforce a right, stop something bad from happening or fix something, or punish them for a crime. Toá quyeàn, söï kieän tuïng. ACTION IN PERSONAM - Proceeding against the person for the recovery of a specific object, usually an item of personal property such as an automobile. Vieäc kieän caù nhaân ñoøi traû vaät sôû höõu. ACTION IN REM - Proceeding "against the thing" as compared to personal actions (in personam). Usually a proceeding where property is involved. Vieäc kieän veà vaät quyeàn. ACTIVE STATUS - A case that is in court but is not settled or decided has active status. (See DISPOSITION, PENDING.) Ñang tieán haønh, vuï kieän ñang ñöôïc xeùt xöû. ACTUAL LOSS - This is a showing that the plaintiff or injured party has undergone some loss of property or other thing of value by reason of fraud, forgery, or other illegal action. For the crime of forgery the existence of a specific intent to defraud is an essential element; however, there is no requirement of actual loss to complete the crime. Thieät haïi; maát maùt. AD LITEM - Comes from Latin meaning for the "purposes of the lawsuit." For example, a guardian ad litem is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit. Ngöôøi ñaïi dieän trong vuï aùn; cho muïc ñích xeùt xöû. ADD ON - Refers to an additional matter that is added to a specific calendar at a time after the initial preparation of the calendar. Theâm vaøo. 4 ADDENDUM - A thing added or to be added.Baûn ñính keøm, vaên baûn boå sung. ADDICTION - A person who has become emotionally dependent on the use of a drug and the effect is an irresistible need to continue its use and has developed a tolerance to the drug and requires larger stronger doses. Söï nghieän ngaäp. ADDITUR - The power of a trial court to increase the amount of an award of money to one party made by jury verdict, as a condition of denial of motion for new trial. The defendant must consent to the increased money award, the plaintiff need not consent. Phaùn quyeát taêng tieàn boài thöôøng. ADHESION CONTRACTS - Contract where one party has no real choice as to its terms. Hôïp ñoàng tuaân thuû. ADJOURNMENT - To put off a court hearing until another time or place. Ñình hoaõn; ngöng. ADJUDICATE - When a judge hears and decides a case. Xeùt xöû; phaân xöû. ADJUDICATION - The judge's decision in a case or action. Söï xeùt xöû, phaân xöû. ADMIN PER SE - Latin meaning,"by itself, inherently." Requires the Department of Motor Vehicles (DMV) to automatically suspend or cancel the driver's license of a driver whose blood alcohol content measures more than .08%, or who refuses to take a test to measure his/her blood alcohol level. Quyeàn coá höõu. ADMINISTER - (1) to manage; (2) taking a drug by injection, inhalation,ingestion, or any other means, to the body for that person's immediate needs. 1) quaûn trò, ñieàu haønh. 2) duøng thuoác, cho thuoác. ADMINISTRATIVE PROCEDURE - The way an executive government agency makes and enforces support orders without going to court. Thuû tuïc haønh chaùnh. ADMINISTRATIVE REVIEW OR "AR" - A review of the welfare of a child in long-term foster care by a panel of people selected by the state Department of Health & Human Vieäc taùi xeùt haønh chaùnh. 5 Services (DHHS). The review is conducted at least once a year, in place of a 6- month placement hearing by the Court. The panel reviews a report from DHHS. The review is open to the parents of the parents' attorney and child's attorney. ADMINISTRATOR - 1. Man who represents the estate of a person who dies without a will. 2. A court official. 1) Ngöôøi quaûn lyù di saûn (ñaøn oâng). 2) Vieân chöùc toøa. ADMINISTRATRIX - Woman who represents the estate of a person who dies without a will. Ngöôøi quaûn lyù di saûn (ñaøn baø). ADMISSIBLE - Pertinent and proper to be considered in reaching a decision. Coù theå chaáp nhaän ñöôïc. ADMISSIBLE EVIDENCE - Evidence that can be legally and properly be used in court. Baèng chöùng coù theå chaáp nhaän ñöôïc. ADMISSION - Saying that certain facts are true. But not saying you are guilty. (Compare with CONFESSION). Vieäc thöøa nhaän. ADMONISH - To warn, advise, or scold.Khuyeán caùo, caûnh caùo. ADMONITION - Advice or caution by the court to the jury respecting their duty or conduct as jurors, and the purpose for which evidence may be considered. Söï khuyeán caùo. ADMONITION TO JURORS - What the judge says to the jury about what they must do and how they must behave, what evidence they can use to make their decision (called "admissible" evidence), and how they can use that evidence to make a decision. Söï khuyeán caùo hoäi thaåm ñoaøn. ADOPTION - The way to make the relationship between a parent and child legal when they are not related by blood. Vieäc nhaän con nuoâi. ADOPTIVE ADMISSION - Action by a party that communicates agreement with the statements of another person. Söï chaáp thuaän theo yù kieán ai. ADVERSARY SYSTEM - The system of trial practice in the United States and some other countries in which each of the opposing (or "adversary") parties has the opportunity to present and establish Heä thoáng ñoái tuïng. 6 opposing positions before the court. ADVERSE WITNESS - A person called to testify for the other side. Nhaân chöùng ñoái nghòch. AFFIANT - A person who makes and signs an affidavit. Ngöôøi laäp chöùng thö höõu theä. AFFIDAVIT - A written statement that someone swears to under oath in front of someone that is legally authorized, like a judge or notary public. Chöùùng thö höõu theä. AFFIRMATION - When an appellate court says that the lower court's decision was right. Söï xaùc ñònh, khaúng ñònh. AFFIRMATIVE DEFENSE - When a defendant or person responding to a civil case as a reason that would make him or her "not guilty" or not at fault and gives the court new evidence to prove that. The defense has to prove what it says (called BURDEN OF PROOF). The defense has to explain this defense in their ANSWER. - Vieäc bieän hoä baùc boû lyù leõ cuûa nguyeân ñôn. - Söï bieän hoä khaúng ñònh. AFFIRMED - In appellate courts, it means that the decision of the trial court is correct. Ñöôïc khaúng ñònh. AFTER ACQUIRED INTENT - When the defendant did not intend to commit a crime until after the crime had been committed. YÙ ñònh haäu söï. AGENT - Someone who has authority to act for another. Ngöôøi ñaïi dieän; ngöôøi ñöôïc uyû quyeàn. AGENCY - One person acts for or represents another by authority. In Traffic, the department issuing the citation. Ngöôøi ñaïi dieän ñöôïc uûy quyeàn haønh ñoäng nhaân danh cô quan. AGGRAVATION - Circumstances that may be considered as magnifying, or adding to, the degree of punishment. Söï gia troïng. AGGRAVATED ARSON - Aggravated Arson - Deliberately setting fire with specific intent to cause injury or damage structures where defendant has been previously convicted of arson, the damage exceeds $5m, or at least 5 residences Toäi phoùng hoûa gia troïng. 7 were damaged. AGGRAVATED BATTERY - Unlawful use of force against another such as using a dangerous weapon. Vieäc ñaùnh ñaäp gia troïng. AGGRAVATED MAYHEM - Causing permanent disability or disfigurement with specific intent to cause the injury and with extreme indifference to well-being of other person. Toäi huûy hoaïi thaân theå naïn nhaân gia troïng. AGGRAVATED TRESPASS - Unlawfully entering property of another with specific intent to carry out prior threat of serious bodily injury. Toäi xaâm nhaäp baát ñoäng saûn gia troïng. AGGRAVATING FACTORS - Any factors associated with the commission of a crime which increase the seriousness of the offense. Yeáu toá gia troïng. AGGREGATE TERM - The total length of imprisonment Toång möùc hình phaït. AGREED STATEMENT OF FACTS - Statement of all important facts, which all the parties agree is true and correct, and which is submitted to a court for a decision. Xaùc nhaän söï kieän ñaõ ñöôïc thoûa thuaän. AGREEMENT - When the people involved in a legal dispute agree about something. Söï thoûa thuaän. AID AND ABET - to help or assist, in committing a crime. Tieáp tay vaø xuí giuïc phaïm phaùp. AIDER AND ABETTOR - One who has criminal intent and assists another to commit a crime. Ngöôøi tieáp tay vaø xuùi giuïc. ALLEGE - To say, declare, or charge that something is truce even though it is not proved yet. Vieän leõ, cho raèng. ALLEGED - Said to be true as described; a person who is accused, but has not yet been tried in court. Ñöôïc coi laø. ALLEGATION - A statement or claim that is made and has not been proved to be true or false. Söï vieän lyù, vieän leõ, luaän cöù. 8 ALLEGED FATHER - A man who may be the father of the child. Ngöôøi ñöôïc coi laø cha. ALIAS - Known by another name; or means "also known as" which A.K.A. is short for. Bieät hieäu, bí danh. ALIBI - A defense claim that the accused was somewhere else at the time a crime was committed. Chöùng côù ngoaïi phaïm; baát taïi tröôøng. ALIMONY - Money the court orders you to pay to a spouse or ex-spouse. (See SPOUSAL SUPPORT). Tieàn caáp döôõng cho ngöôøi phoái ngaãu. ALLOCUTION - Defendant's statement to try to reduce punishment. Vieäc xin giaûm hình phaït. ALTERATION, FORGERY BY -Adding, erasing, or changing a document with the specific intent to cause it to appear different from what it originally was intended to be to cheat another person. Giaû maïo baèng caùch caïo söûa. ALTERNATIVE DISPUTE RESOLUTION (ADR) - Methods of resolving disputes without official court proceedings. These methods include MEDIATION and ARBITRATION. Giaûi quyeát tranh chaáp baèng phöông caùch khaùc. AMEND - To add to or change a claim that has been filed in court. Tu chænh, boå sung, söûa ñoåi. AMENDMENT - A change made by correction, addition, or deletion. Söï söûa ñoåi, boå sung. AMICUS CURIAE (A-MI'KUS KU'RIE) - Someone that gives advice to the court about the law in a case, but is not part of the case. Comes from the Latin for "friend of the court." "Baïn cuûa toøa"; coá vaán cuûa toøa. ANNOTATION - A case summary or commentary on the law cases, statutes, and rules. Chuù thích; chuù giaûi. ANNUAL REVIEW - Yearly judicial review.Vieäc taùi xeùt, duyeät xeùt haøng naêm. ANNULMENT - A legal action that says your marriage was never legally valid because of unsound mind, incest, bigamy, being too young to consent, fraud, force, or physical incapacity. Phaùn quyeát tieâu hoân. ANONYMOUS - When someone's name is keptNaëc danh, voâ danh. 9 secret. ANSWER - A statement that a defendant writes to answer a civil complaint and says what defense they will use. Baûn khaùng bieän, phaûn baùc. ANTICIPATORY BREACH - When a person who is to perform as set forth in a contract, clearly indicates to the other party that he will not or cannot perform. Söï thoâng baùo khoâng (hay khoâng theå) thi haønh hôïp ñoàng. APPEAL - When someone that loses at least part of a case asks a higher court (called an "APPELLATE COURT") to review the decision and say if it is right. This is called "to appeal" or "to take an appeal." The person that appeals is called the "APPELLANT." The other person is called the "APPELLEE." Khaùng aùn; choáng aùn. APPEARANCE - Going to court. Or a legal paper that says you will participate in the court process. Söï ra haàu toøa. APPEARANCE PROGRESS REPORT (APR) -A court order for a report by the Department of Health and Human Services (DHHS) on an issue requested by the court. Leänh ñeä trình baùo caùo veà söï tieán boä. APPELLANT - Someone that APPEALS a court's decision. (Compare with APPELLEE.) Ngöôøi khaùng aùn (nguyeân khaùng). APPELLATE - Having to do with appeals. An APPELLATE COURT can review a lower court's (called a "TRIAL COURT" or "superior court." Decision. For example, California Court of Appeal review the decisions of the superior courts. Thuoäc toøa phuùc thaåm. APPELLATE COURT - A court that can review how the law was used to decide a case in a lower court. Toøa phuùc thaåm. APPELLATE JURISDICTION - The appellate court has the right to review and change the lower court decision. Quyeàn quaûn haït cuûa toøa phuùc thaåm; thaåm quyeàn taøi phaùn. APPELLEE - A person that answers an appeal in higher court. Ngöôøi bò khaùng aùn (bò khaùng). ARBITRATION - When a person that isn't involved in the case looks at the Thuû tuïc troïng taøi. 10 evidence, hears the arguments, and makes a decision. (Compare with MEDIATION.) ARGUMENT - Remarks made by an attorney to a judge or jury on the facts of the case or on points of law. Laäp luaän; tranh luaän. ARMING CLAUSE - A conduct enhancement alleging that defendant or an accomplice was armed. Ñieàu khoaûn veà vieäc söû duïng vuõ khí. ARRAIGN - Process where the person who is accused is brought before the court to hear the criminal charge(s) against him or her and to plead guilty, not guilty or no contest. Luaän toäi. ARRAIGNMENT - When a person that is accused of committing a crime is taken to court, told about the charges, and asked to plead "guilty" or "not guilty." Phieân toøa luaän toäi; thoâng tri caùo traïng. ARREARAGE - Child support that is overdue or unpaid. Tieàn caáp döôõng coøn thieáu. ARREST - The legal capture of a person who is charged with a crime. Baét giöõ. ARREST OF JUDGMENT - Postponing the result of a judgment already entered. Vieäc ngöng/hoaõn thi haønh baûn aùn. ARSON - The malicious burning of someone's own house or of someone else's house, or of someone's commercial or industrial property. Toäi phoùng hoûa. ASSAULT - When someone tries or threatens to hurt someone else. Can include violence, but is not battery. (See BATTERY.) Söï haønh hung. ASSAULT WITH A DEADLY WEAPON - When someone tries to hurt someone and there is threat to do bodily harm without justification by use of a weapon like a gun or a knife. Haønh hung vôùi vuõ khí gaây töû thöông. ASSESSMENT - Additional charges added to a case. Caùo buoäc theâm toäi. ASSIGNEE - A person or business that is put in the place of the original creditor, such as a collection agency. Ngöôøi ñöôïc uyû quyeàn. 11 You can assign your JUDGMENT to another person or business. ASSIGNMENT - Choosing someone to do something. Usually for: Cases - when the court uses a calendar to give (or "assign" cases to judges; Lawyers - when lawyers are chosen (or "appointed") to represent juveniles, conservatees or defendants; and Judges - when judges are sent (or "assigned") to different courts to fill in while other judges are on vacation, sick, etc., or to help with cases in a court. Söï boå nhieäm, chæ ñònh. ASSIGNMENT OF SUPPORT RIGHTS - When a person who gets public assistance agrees to give the state any child support they get in the future. The person gets money and other benefits from the state. So the state can use part of the child support to pay for the cost of that public assistance. Chuyeån nhöôïng quyeàn veà tieàn caáp döôõng. ASSIGNMENT ORDER - A court order (made after a MOTION that says a JUDGMENT DEBTOR must assign certain rights to the JUDGMENT CREDITOR. Useful for payments that the judgment debtor would usually get, like rent from tenants, wages from the federal government, sales commissions, royalties, a business's accounts receivable, or installment payments on IOUs (also called "PROMISSORY NOTES" or JUDGMENTS). AÙn leänh traû tieàn. ASSUMPTION OF RISK - A defense to a lawsuit for personal injury. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury. Vieäc gaùnh chòu moïi ruûi ro. AT ISSUE - The time in a lawsuit when the complaining party has stated his or her claim and the other side has responded with a denial and the matter is ready to be tried. Ñang tranh chaáp. AT ISSUE MEMORANDUM - A legal paper filed in a civil case that says the case is ready to go to trial. Giaùc thö xin toøa giaûi quyeát. ATTACHMENT - (1) Document attached to1) Taøi lieäu boå sung, ñôn dính keøm. 12 court papers to give more information; (2) A way to collect judgment: by getting a court order that says you can take a piece of property. 2) Leänh tòch bieân, sai aùp taøi saûn. ATTACHMENT FOR DEFAULTER - A process by the court for the arrest of a person other than a defendant. (See ATTACHMENT, BENCH WARRANT.) Thuû tuïc baét giaûi ngöôøi (khoâng phaûi bò can) traùnh haàu toøa ATTEMPT - An effort to do an act or commit a crime. Toan tính, coù yù ñònh, möu tính. ATTEST - To witness, to affirm to be true or genuine, to certify. Nhaän thöïc, chöùng nhaän, chöùng thöïc. ATTESTATION - The act of witnessing something in writing, at the request of a party. Vieäc chöùng nhaän ATTORNEY - Someone that is qualified to represent clients in court and to give them legal advice. (See COUNSEL). Luaät sö ATTORNEY OF RECORD - The lawyer whose name is listed in a case record as representing someone in the case. Luaät sö chính thöùc, luaät sö nhaäm caùch ATTORNEY-AT-LAW - An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts. Luaät sö. ATTORNEY-IN-FACT - A private person (who is not necessarily a lawyer) authorized by someone to act in his or her place, either for some particular purpose, or for the transaction of business in general. This authority is given in writing, called a power of attorney. Ngöôøi ñöôïc uûy quyeàn AUDIT - When records or accounts are looked at to check that they are right and complete. Kieåm toaùn AUTHENTICATE - To give authority or legal authenticity to a statute, record, or other written document. Chöùng thöïc; chöùng nhaän AUTO TAMPERING - The manipulation of an automobile and its parts for a specific purpose. Söï phaù xe AUTOMATED ADMINISTRATIVE ENFORCEMENT OFVieäc töï ñoäng thi haønh nhöõng vaên baûn quy 13 INTERSTATE CASES (AEI) - Part of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) that lets states fins, put a lien on, and take property from people in a different state who owe money. phaïm haønh chaùnh xuyeân bang AUTOMATED VOICE RESPONSE SYSTEM (AVR) - Phone system that gives information to people over the phone. Heä thoáng ñieän thoïai thoâng tin töï ñoäng AVERAGE ADULT PERSON -A hypothetical person who is used as an example of the entire community. This hypothetical person represents the interests of all, including persons religious and irreligious; persons of all nationalities, all adult ages and all economic, educational and social standings; persons with normal, healthy, average contemporary attitudes, instincts and interests concerning sex. (in the context of obscenity) Ngöôøi trung bình BACKLOG - All the cases that haven't been settled or decided in the time the law says they should be. Caùc vuï toàn ñoïng BAD FAITH - Generally implies actual or constructive fraud, or a design to mislead or deceive another. Traùo trôû; nguïy tín BAIL - A security deposit (usually money) given to release a defendant or witness from custody and to make sure that they go to court when they're supposed to. Tieàn theá chaân, baûo chöùng BAIL BOND - A legal paper that you buy from a bondsman and give to the court instead of bail. The defendant signs it and is let go. But if they don't come to court when they're supposed to, they must pay the amount of money on the bail bond. Chöùng phieáu theá chaân BAIL BONDSMAN - Person who is responsible for paying the bond for the defendant's release from jail. Ngöôøi baùn chöùng phieáu theá chaân BAIL EXONERATION - When you get your bail back. Or when a bail bondsman or insurance ("surety") company isn't responsible for your bail anymore. Vieäc hoaøn traû laïi tieàn theá chaân. 14 BAIL FORFEITURE - A court order to let the court keep the bail deposit because the defendant didn't go to court when they were supposed to. Tòch thu tieàn theá chaân. BAILIFF -Person who is in charge of security in the court. Bailiffs are picked by sheriffs. Caûnh saùt toøa. BAILMENTS - A delivery of goods from one person to another in trust for purpose of carrying out agreed upon services. Vieäc caàm coá, kyù gôûi haøng hoùa. BAIL NOTICE - A legal paper from the court that says the court will make a WARRANT for arrest unless the defendant goes to court or pays bail. Thoâng baùo ñoùng tieàn theá chaân. BAIL RECEIPT - A written statement that the court gives a defendant that says bail was paid. Bieân nhaän cuûa tieàn theá chaân. BAIL REVIEW - A hearing established to re-evaluate the bail amount that was originally set for the accused. Xeùt laïi tieàn theá chaân. BALLARD MOTION - A motion for psychiatric examination of prosecutor's witnesses (victims). Thænh nguyeän Ballard. BANK LEVY - Way to enforce a decision against someone who owes money. The money is taken from their checking or savings account at a bank, savings and loan, or credit union. Sai aùp tieàn göûi trong ngaân haøng. BANKRUPT - The state or condition of a person who is unable to pay his or her debts when they are due. Phaù saûn, vôõ nôï. BANKRUPTCY - The legal way for a business or person to get help when they can't pay the money they owe. In bankruptcy court, they can get rid of debts by paying part of what they owe. There are special bankruptcy judges at these hearings. Vieäc khai phaù saûn. Söï phaù saûn BAR - All of the lawyers qualified to practice law. For example, a state bar includes all of the lawyers qualified to practice law in that state. Luaät sö ñoaøn. BAR EXAMINATION - A state examinationKyø thi laáy baèng haønh ngheà luaät sö. 15 that is taken in order to be admitted and licensed to practice law. BASE TERM - A term of imprisonment selected by the court according to the Determinate Sentencing Law. Thôøi haïn ôû tuø cô baûn. BATTERED CHILD SYNDROME (B.C.S.) - Physical condition of a child where external or internal injuries result from acts committed by a parent or custodian. Hoäi chöùng cuûa treû bò ñaùnh. BATTERY - Illegal beating or physical violence or control of a person without their permission. (Compare with ASSAULT.) Söï ñaùnh ñaäp, baïo haønh. BATTERY, SPOUSAL - An offensive touching or use of force on a spouse without the spouse's consent. See BATTERY. Söï ñaùnh ñaäp ngöôøi phoái ngaãu. BEAGLE MOTION - A request to exclude any reference of the defendant's prior conviction to the jury. Thænh nguyeän Beagle. BEHAVIOR INTERVENTION PLAN - Plan made by a local educational agency (LEA) as part of an individualized education program (IEP), to change the behavior of students who harm themselves, assault others, or are destructive. Keá hoaïch can thieäp ñeå thay ñoåi haønh vi. BENCH - (1) the desk where a judge sits in court; (2) Judges in general, or a specific judge. 1) Aùn thö. 2) Thaåm phaùn. BENCH CONFERENCE - A meeting either on or off the record at the judge's bench between the judge, counsel, and sometimes the defendant, out of the hearing of the jury. Thaûo luaän taïi aùn thö. BENCH TRIAL - Trial without a jury. The judge decides the case. Phieân xöû bôûi toøa (khoâng coù hoäi thaåm ñoaøn). BENCH WARRANT - An order given by the judge (or "bench") to arrest a person who didn't do what the court ordered. For example, didn't go to court when they were supposed to. (See WARRANT, WRIT). Traùt taàm naõ. BENEFICIARY - Someone who gets something from a trust. Ngöôøi thuï höôûng. 16 BENEFIT OF THE BARGAIN RULE - Rule which provides that a person may recover the difference between the actual value of the property and the value that was represented. Bieät lôïi trong vieäc thöông löôïng. BEQUEATH - To leave someone something in a will. Di taëng. BEQUESTS - What you leave someone in a will. Vaät di taëng. BEST EVIDENCE - Primary proof; the best proof available. For example, an original letter is "best evidence," and a photocopy is "secondary evidence." Baèng chöùng chuû yeáu. BEYOND A REASONABLE DOUBT - The burden of proof in a criminal case requiring that the jury be convinced that every element of a crime has been proven by the prosecution. Vöôït möùc nghi ngôø hôïp lyù. BIAS - A pre-conceived opinion or a predisposition to decide a cause or an issue a certain way. Thieân kieán, thieân vò. BIFURCATE - To try issues separately, such as guilt and criminal responsibility in a criminal proceeding or liability and damages in a civil action. Taùch ra ñeå xeùt xöû. BIFURCATION MOTION - A request to change the order in which issues are heard at trial. Thænh nguyeän veà thöù töï xeùt xöû. BILL OF PARTICULARS - A statement of the details of the charge made against the defendant. Vaên baûn chi tieát toäi phaïm. BIND - To make yourself or someone else legally responsible for something. Raøng buoäc. BIND OVER - A judge's decision before a trial that says there is enough evidence for a trial. Chuyeån toøa ñeå tieán haønh xeùt xöû. BLOOD-ALCOHOL CONTENT (BAC) - The measurement in grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. Ñoä röôïu trong maùu. BLOOD TEST - Testing someone's bloodThöû maùu. 17 sample to: (1) see how much of a certain chemical is in the blood, (2) see who is the parent of a child. BODY ATTACHMENT - A written order issued by a court directing a peace officer to take custody of someone and bring them before the court: 1) A witness who fails to comply with a subpoena, 2) a party who fails to comply with a court order in a civil action, or 3) a material witness in a criminal case. Caâu thuùc thaân theå. BONA FIDE - Sincere, real without fraud or deceit. Comes from the Latin "in good faith." Ngay tình, thieän yù. BOND - A certificate or evidence of a debt. Traùi phieáu, giaáy nôï. BOOK (BOOKING) - What the police do when they arrest someone. Includes taking fingerprints, photographs, and writing down personal information about the person. Ñaêng kyù lyù lòch. BOOKING NUMBER - The number assigned to the criminal record that corresponds to the person's arrest. Soá hoà sô lyù lòch. BOOKMAKING - Collecting the bets of others or making odds on future gambling events. Laøm caùi, caù ñoä. BRADY MOTION - A motion made by defense when they believe the District Attorney has not turned over exculpatory and material evidence. Thænh nguyeän Brady. BRANDISHING A WEAPON - Showing a weapon to another person, typically the police or the victim. Vung vuõ khí. BREACH - The breaking or violating of a law, right, obligation, or duty either by doing an act or failing to do an act. Söï vi phaïm, boäi tín. BREACH OF PEACE - Every person who unlawfully fights in a public place or willfully and maliciously disturbs another person by loud and unreasonable noise, or in a public place, says offensive words to one or more persons Söï vi phaïm traät töï coâng coäng. 18 which are likely to start an immediate violent reaction. BREAKING AND ENTERING - Going into someone's house at night with intent to commit a felony. Caäy cöûa vaø ñoät nhaäp. BREATHALYZER TEST - Testing someone's breath to see how much alcohol is in their blood. Thöû nghieäm baèng maùy ño hôi thôû. BRIBE - A gift, not necessarily of monetary value, given to influence the conduct of the receiver. Hoái loä. BRIEF - A written statement that each side gives the court to say why the court should decide that they are right. Lyù ñoaùn. BURDEN OF PROOF - When one person in the case has to prove more than the other person. Traùch nhieäm chöùng minh, boån phaän daãn chöùng. BURGLARY - When someone unlawfully breaks into or enters a building or home, and they intend to or do commit a theft or other serious crime. Aên troäm. BYSTANDERS - A chance onlooker; one who has no concern with the business being conducted. Ngöôøi baøng quan. CALENDAR - A list, in alphabetical order, of all the cases in each courtroom every day. "To calendar" something means to give a day, time, and courtroom to a case. Lòch ñaêng ñöôøng. CALIFORNIA RULES OF COURT - The rules for practices and procedures in California's state courts. Quy taéc toá tuïng cuûa tieåu bang California. CALJIC - California Jury Instructions, Criminal. Quy Luaät Huaán Thò Hoäi Thaåm Ñoaøn. CALLING THE DOCKET - The public calling of the docket or list of causes at the beginning of court, for setting a time for trial or entering orders. Ñieåm danh saùch vuï aùn. CAPACITY - The person with the ability to perform under his or her will. Naêng löïc, khaû naêng. 19 CAPITAL CASE - A criminal case where the defendant can get the death penalty. Vuï aùn töû hình. CAPITAL CRIME - A crime punishable by death. Toäi töû hình. CAPITAL OFFENSE - A crime that you can get the death penalty for committing. Toäi töû hình. CAPITAL PUNISHMENT - Punishment by death. (See DEATH PENALTY.) Aùn töû hình. CAPTION - What is written at the top of all papers (called "pleadings") given to the court. It says things like case name, court, and case number. Tieâu ñeà. CARJACKING - Taking a motor vehicle that belongs to someone else against his will, by means of force or fear. Söï cöôùp xe. CASE - A lawsuit. Or a complaint filed in criminal, traffic, or civil court. Vuï, vuï kieän. CASE FILE - The folder that has official court papers for a case. Hoà sô vuï aùn. CASEFLOW MANAGEMENT - How a case is managed from the first paper filed to the final decision. Quaûn lyù tieán trình vuï aùn. CASE ID - Identification number given to case by the court. Soá hoà sô. CASE LAW - Law made by earlier decisions in similar cases. Aùn leä. CASELOAD - The number of cases a judge has in a specific time. Toång soá vuï (chaùnh aùn) ñaûm nhaän. CASE NUMBER - The number that identifies a case. This number is on all papers filed in the case. Also called "case ID." Also called DOCKET NUMBER. Soá hoà sô vuï aùn. CAUSATION - The act which causes something else to happen. Quan heä nhaân quaû. CAUSE - A lawsuit, litigation, or action.Vuï aùn, vuï kieän, nguyeân nhaân. CAUSE OF ACTION - The charges that make up the case or lawsuit. (See COUNTS). Lyù do khôûi toá. 20 CAUSTIC CHEMICALS - Corrosive acid or flammable substance. Hoùa chaát aên moøn hoaëc laøm chaùy. CAUTIONARY INSTRUCTIONS - When the judge tells the jury to consider certain evidence only for a specific purpose. Huaán thò caûnh baùo. CAVEAT - A warning; a note of caution.Vieäc caûnh giaùc. CAVEAT EMPTOR - A theory that says you buy things at your own risk. Comes from the Latin for "let the buyer beware." Ngöôøi mua neân caûnh giaùc. CEASE AND DESIST ORDER - An order of an administrative agency or court prohibiting a person or business from doing something. Leänh ñình chæ vaø huûy boû. CERTIFICATE OF PROBABLE CAUSE - An order signed by the court granting a defendant the right to appeal from a plea of guilty. Leänh chöùng nhaän lyù do khaû tín. CERTIFICATION - A judge's order to move a criminal case to another court in a different county. Leänh chuyeån toøa. CERTIFIED - Saying that something is true or an exact reproduction. Chöùng nhaän. CERTIFIED COPY - An official copy of a paper from a case file that is marked as being true, complete, and a real copy of the original legal case. Baûn sao coù chöùng thöïc. CERTIORI - Appeal to U.S. Supreme Court.Khaùng caùo leân toái cao phaùp vieän. CHAIN OF CUSTODY - A method to track the whereabouts of evidence from the moment it is received in custody until it is offered in court. Baûo toàn baèng chöùng. CHALLENGE - Someone's right to object to or fight something in a legal case. Tranh bieän, phaûn ñoái. CHALLENGE FOR CAUSE - Reasons that a lawyer gives for removing a juror or judge from a case. (Compare with PEREMPTORY CHALLENGE.) Khöôùc töø coù lyù do. CHALLENGE TO THE ARRAY - Questioning the qualifications of an entire jury panel, usually on the ground of partiality or Phuû nhaän toaøn boä danh saùch hoäi thaåm ñoaøn. 21 some fault in the process of summoning the panel. CHAMBERS - A judge's private office.Phoøng chaùnh aùn. CHANGE OF VENUE - When a civil or criminal case is moved from one court jurisdiction to another. (See VENUE). Chuyeån ñòa ñieåm xeùt xöû. CHARACTER EVIDENCE - Evidence pertaining to whether a criminal defendant is a good or bad person. Baèng chöùng veà tö caùch. CHARGE - In criminal law, each thing the defendant is accused of. (See COUNT). Söï caùo buoäc, toäi danh. CHARGE TO THE JURY - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. Huaán thò hoäi thaåm ñoaøn. CHARGING DOCUMENT - A written accusation saying a defendant has committed an offense. Includes a citation, an indictment, information, and statement of charges. Taøi lieäu buoäc toäi. CHATTEL - A piece of personal property.Ñoäng saûn. CHIEF JUDGE - Presiding or Administrative Judge in a court. Chaùnh aùn. CHILD ABUSE - Hurting a child physically, sexually or emotionally. Haønh haï treû em. CHILD ABDUCTION - The offense of taking away a child by deceit and persuasion, or by violence. Baét coùc treû em. CHILD MOLESTATION - Any form of indecent or sexual activity on, involving, or surrounding a child under the age of 18. Xuùc phaïm tình duïc treû em, xaâm phaïm tieát haïnh treû em. CHILD PORNOGRAPHY - Any obscene material that depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct. Phim aûnh khieâu daâm treû em. CHILD PROCUREMENT - Intentionally giving, transporting, providing, or making available or offering to give, transport, provide, or make available a child under the age of 16 for the purpose of any lewd Daét moái vôùi treû em. 22 or lascivious act. Also causing, inducing, or persuading a child under the age of 16 to engage in any lewd or lascivious act with another person. CHILD SUPPORT - Money paid by a parent to help support a child or children. Söï caáp döôõng con. CHILD SUPPORT ENFORCEMENT (CSE) AGENCY - Agency that exists in every state to find parents that don't have custody. (called "noncustodial parents," or "NCPs"). Or to find a person assumed to be the father of the child ("Putative father" or "PF"). Also, makes, enforces, and changes child support. Collects and gives out child support money. Cô quan chaáp haønh vieäc caáp döôõng con. CIRCUMSTANTIAL EVIDENCE - All evidence that is indirect. Testimony not based on actual personal knowledge or observation of the facts in dispute. Baèng chöùng giaùn tieáp. CITATION - A COURT ORDER or SUMMONS that tells a defendant what the charges are. Also tells the defendant to go to court and/or post bail. Giaáy phaït, giaáy baùo goïi ra toøa. CITED - When a defendant is not in custody, but has signed a ticket promising to go to court on a certain day. Kyù giaáy phaït, kyù giaáy höùa ra toøa. CIVIL ACTION - Noncriminal case in which one private individual or business sues another to protect, enforce private or civil rights. Toá quyeàn daân söï. CIVIL CASE - A lawsuit to get property back, to force someone to complete a contract, or to protect someone's civil rights. Vuï kieän daân söï. CIVIL JURISDICTION - A court's right or power to hear noncriminal civil cases. Quyeàn taøi phaùn daân söï. CIVIL PROCEDURE - The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals. Luaät toá tuïng daân söï. 23 CIVIL PROCESS - Court papers that tell the people in a civil case that it has started. Or papers that try to force the court to reach a judgment. Thuû tuïc daân söï. CIVIL RIGHTS VIOLATIONS - Violations of the personal, natural rights guaranteed and protected by the Constitution. Söï vi phaïm quyeàn coâng daân. CLAIM - The statement of a right to money or property. Vieäc ñoøi boài thöôøng. CLAIM OF EXEMPTION - A court paper filed by the JUDGMENT DEBTOR that lists each piece of property that the judgment debtor claims is an exempt asset under certain provisions of the law and, therefore, can't be taken to pay the JUDGMENT. Ñôn xin mieãn tröø. CLAIM SPLITTING - When you split up a civil claim and file two lawsuits to stay below the limit of how much money you can ask for. Not allowed in most cases. Taùch vieäc ñoøi boài thöôøng. CLASS ACTION - A lawsuit brought by one or more persons on behalf of a larger group. Vuï kieän taäp theå. CLEAR AND CONVINCING EVIDENCE - Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case. Baèng chöùng thuyeát phuïc maïnh meõ. CLEMENCY OR EXECUTIVE CLEMENCY - Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. It may take the form of commutation or pardon. Söï khoan hoàng cuûa thoáng ñoác hay toång thoáng. CLERICAL ERROR - An unintentional mistake, in writing, which may be made by clerk, counsel, or court. (See NUNC PRO TUNC.) Loãi bieân cheùp. CLERK - Officer of the court who files pleadings, motions, judgments, etc., issues process, and keeps records of court proceedings. Thö kyù toøa. 24 CLERK'S TRANSCRIPT - Those pleadings, minute orders, affidavits, written opinions of the Court, trial exhibits, etc., designated by the attorneys which have been filed during the course of the litigation process are put together with the appeal documents and collectively form the Clerk's Transcript. Bieân baûn tieán trình toá tuïng cuûa thö kyù toøa. CLOSING ARGUMENT - Counsel's final statement to the judge/and or jury after all parties have concluded their presentation of evidence. Lôøi bieän luaän keát thuùc. CODE - The law created by statutes. For example, the California Code of Civil Procedure, California Civil Code, California Vehicle Code, California Penal Code, and California Health and Safety Code. Boä luaät. CODE OF PROFESSIONAL RESPONSIBILITY - The rules of conduct that govern the legal profession. The Code contains general ethical guidelines and specific rules written by the American Bar Association. Boä luaät veà traùch nhieäm ngheà nghieäp CO-DEFENDANT - In a criminal case, an individual charged with involvement in the same crime as another. Ñoàng phaïm. CODICIL (kod'i-sil) - A legal paper that adds to or changes a will. Baûn boå sung di chuùc. COERCION - Compulsion; constraint; compelling by force or arms or threat. Cöôõng cheá. COHABITANT - One who lives with another.Ngöôøi ôû chung nhaø. COLLATERAL - 1. Property that is pledged as security against a debt. 2. A person belonging to the same ancestry (a relation), but not in a direct line of descent. 1) Vaät theá chaáp. 2) Quan heä hoï haøng xa (baøng heä). COLLATERAL ATTACK - An attack on a judgment other than a direct appeal to a higher court. Khaùng aùn neâu lyù do phuï thuoäc. COMBUSTIBLE MATERIAL OR DEVICE - Capable of blowing up; apt to catch fire; inflammable. Chaát hay thieát bò deã chaùy. 25 COMMISSIONER - A person chosen by the court and given the power to hear and make decisions in certain kinds of legal matters. Uûy vieân. COMMIT - To do something, like "to commit" a crime, or to put someone in a sheriff's custody. Or to use a court order to send a person to jail. - Phaïm toäi. - Toáng giam COMMITMENT - 1. The action of sending a person to a prison or mental institution. 2. The order directing an officer to take a person to a prison or mental institution. 1) Söï giam giöõ. 2) Leänh toáng giam. COMMITMENT ORDER - A court order that says a person must be kept in custody, usually in a jail or mental institution. Leänh aùp giaûi. COMMON BARRATRY (also called BARRETRY) - Making a habit of starting fights or lawsuits. Starting lawsuits without a good reason. Söï hay kieän tuïng voâ caên cöù. COMMON CARRIER - Required by law to carry passengers or freight without refusal if the fare is paid; in contrast to a private or contract carrier. Coâng ty vaän chuyeån coâng coäng. COMMON LAW - Laws that come from court decisions and not from statutes ("codes") or constitutions. Thoâng luaät, luaät taäp tuïc, luaät baát thaønh vaên. COMMUNITY OBLIGATIONS - Debts that a husband and wife owe together. In most cases, that includes anything that you still owe on any debts either of you had during the time you were living together as husband and wife. For example, if you bought furniture on credit while you were married and living together, the unpaid balance is a part of your community obligations. Traùch nhieäm coäng ñoàng taøi saûn. COMMUNITY PROPERTY - Everything that a husband and wife own together. In most cases that includes: (1) Money or benefits like pensions and stock options that you now have which either of your earned during the time you were living together as husband and wife; and (2) Anything either of you 1) Coäng ñoàng taøi saûn. 2) Taøi saûn mua saém trong thôøi gian hoân nhaân. 26 bought with money earned during that period. COMMUNITY SERVICE - Work performed as punishment for a crime. It may also be performed instead of a fine, or as a condition of probation. Dòch vuï coäng ñoàng. COMMUTATION - The reduction of a sentence, such as from death to life imprisonment. Söï giaûm aùn. COMPARATIVE FAULT - Percentage of fault which is assigned to any one party. Tyû leä loãi. COMPARATIVE NEGLIGENCE - A legal doctrine by which acts of the opposing parties are compared to determine the liability of each party to the other for negligent acts. Möùc ñoä caåu thaû ñeå quy traùch nhieäm. COMPENSATORY DAMAGES - Money that one person must pay another to cover the cost of a wrong or injury. (See DAMAGES). Söï boài thöôøng thieät haïi. COMPETENCE ORDER - An order from a superior court that says that a defendant is mentally able to go to trial. Tells the trial court to go ahead with the criminal case. Leänh xaùc nhaän naêng löïc phaùp lyù. COMPETENCY - The ability for a person to understand and communicate, especially with regard to standing trial and assisting counsel in his or her defense. Naêng löïc phaùp lyù. COMPLAINANT - Person who wants to start a court case against another person. In a civil case, the complainant is the PLAINTIFF. In a criminal case, the complainant is the state. Nguyeân ñôn. COMPLAINT - The legal document that usually begins a civil lawsuit and is also used to start a criminal case. Says what the plaintiff thinks the defendant did and asks the court for help. Also called the "initial pleading" or "petition." Ñôn kieän, caùo traïng. COMPLY - To act in accordance with, to accept, to obey. Tuaân haønh, thi haønh. 27 COMPOSITE DRAWING - A picture of an alleged criminal created by a professional police artist using verbal descriptions given by the victim or a witness. Böùc veõ minh hoïa. CONCEALMENT - Withholding of something which one knows and which one, in duty, is bound to reveal. Vieäc giaáu gieám che ñaäy. CONCILIATION - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Similar to mediation, but it may be less formal. Söï hoøa giaûi, daøn hoøa. CONCURRENT JURISDICTION - The territory of two or more courts, that are each authorized to deal with the same subject matter. Thaåm quyeàn taøi phaùn song haønh. CONCURRENT PLANNING - Refers to the legal requirement in dependency cases that reunification services be provided at the same time an alternative plan is developed (e.g., adoption , guardianship) if needed. Keá hoaïch song song. CONCURRENT SENTENCES - Sentences you can serve at the same time. For example, if you have concurrent sentences of 10 years and 5 years, you must serve a total of 10 years. (Compare with CONCURRENT SENTENCES). AÙn song haønh. CONCURRING CAUSES - Acting contemporaneously and together causing injury, which would not have resulted in absence of either. Nguyeân nhaân goùp phaàn. CONDEMNATION - The legal process by which the government takes private land for public use, paying the owners a fair price. (See EMINENT DOMAIN.) Tröng thu. (Eminent domain: quyeàn tòch thu cho coâng ích.) CONDITIONS - Certain things that someone has to do, or not do, to be released. Ñieàu kieän. CONDITIONAL RELEASE - Freedom from custody which regulates the activities and associations of the defendant. If a Phoùng thích coù ñieàu kieän. 28 defendant fails to meet the conditions, the release is cancelled. CONDUCT ENHANCEMENTS - A kind of punishment-enhancing allegation (such as the arming clause of Penal Code section 12022) that relates to the nature of the offense at the time the crime was committed. Haønh vi gia troïng. CONFESSION - When someone admits out loud or in writing that they committed a certain kind of crime. (Compare with ADMISSION). Söï thuù toäi. CONFESSION OF JUDGMENT - The act of a debtor in a written statement that permits judgment to be entered against him by his creditor, without legal proceedings. Söï xaùc nhaän thieáu nôï. CONFIDENTIAL - A file or record that is not available for public viewing. Authorized viewing allowed only in statute and/or court policy. Files and records are identified and receive special handling. Baûo maät, giöõ kín. CONFIDENTIAL RECORD - Information in a court case that is not available to the public. Hoà sô baûo maät, hoà sô ñöôïc giöõ kín. CONFIDENTIALITY - Treated as private and not for publication. Ñieàu rieâng tö. CONFISCATE - To seize or take private property for public use (the police took the weapon). Tòch thu, sung coâng. CONFLICT OF INTEREST - When you have two different interests at the same time. For example, a lawyer who represents two sides at the same time can't be fair. Maâu thuaãn veà quyeàn lôïi. CONFORM COPIES - To make copies identical to an original; e.g., copies with duplicate signatures, duplicate dates. Sao y baûn chaùnh. CONFRONTATION RIGHT - Defendant's right to be face-to-face with the witnesses against him or her. It generally includes the right to ask questions and object, and to have witnesses testify in person. Quyeàn ñoái chaát. 29 CONSANGUINITY - COLLATERAL - The relationship that exists between persons who have the same ancestors, but who do not descend, or ascend, one from the other; as between uncle and nephew. Quan heä hoï haøng baøng heä. CONSANGUINITY - LINEAL - The relationship that exists persons of whom one is descended in a direct line from the other, as between son, father, grandfather, and so upwards in the direct ascending line; or between son, grandson, great-grandson, and so downwards in the direct descending line. Quan heä hoï haøng tröïc heä. CONSECUTIVE SENTENCES - Successive sentences, one beginning at the end of another, imposed against a person convicted of two or more violations. AÙn noái tieáp. CONSERVATEE - Someone who can't take care of themselves and has a caretaker (called the "CONSERVATOR") who the court picked. Ngöôøi ñöôïc baûo hoä. CONSERVATOR - Someone picked by the court to either take care of someone who can't take care of themselves (called a "CONSERVATEE") or take care of that person's property, or both. Ngöôøi baûo hoä, ngöôøi quaûn thuû. CONSERVATORSHIP - A court proceeding where a judge picks someone (a conservator) to take care of an adult's personal needs and/or his or her finances. For minors, see GUARDIANSHIP. Söï quaûn thuû, baûo hoä. CONSENT - A written agreement to obey a decision or deal. Söï ñoàng yù. CONSIDERATION - The cause, price, or impelling influence which makes a party enter into a contract. Ñieàu kieän trao ñoåi thöông löôïng. CONSOLIDATION OF ACTIONS - When at least two cases that involve the same people are grouped together. Vieäc hôïp nhaát caùc vuï kieän. CONSORTIUM, LOSS OF - Unable to have a sexual relationship between a husband and a wife. Maát quan heä luyeán aùi vôï choàøng. CONSPIRACY - Where two or more personsAâm möu, toa raäp. 30 intentionally agree to commit crime and do an act towards committing the crime. CONSTRUCTIVE POSSESSION - Where a person does not actually possess a thing, but knowingly has control over it. Söï chaáp höõu suy dieãn. CONSTITUTION - The central law of our country that sets up the creation, character, and organization of its power and how that power is exercised. The rule, principles, descriptions of the government's power, and the main rights that the people of a country or state have. Hieán phaùp. CONSTITUTIONAL RIGHT - A right guaranteed by the U. S. Constitution, interpreted by the federal courts; also, a right guaranteed by some other constitution (such as a state constitution). Quyeàn hieán ñònh. CONTEMNOR - One who has committed contempt of court. Ngöôøi xuùc phaïm toøa. CONTEMPORARY COMMUNITY STANDARD - What is, objectively acceptable to the community as a whole. Ascertainment of the standard must be based upon an objective determination of what is unacceptable to the community as a whole. Your own personal, social, or moral views on the material involved in the case may not be considered. Tieâu chuaån coäng ñoàng ñöông thôøi. CONTEMPT (OF COURT) - Disobeying a court order. Punishment can be a fine or jail. Söï khinh maïn, coi thöôøng toøa. Toäi maï lò toøa. CONTINUANCE - Putting off a court case to a later date. (See ADJOURNMENT). Söï dôøi laïi, ñình laïi CONTINUING EXCLUSIVE JURISDICTION - Theory that only one support order should be valid between the same people at a time. And when a court hears a child support case, it can add to and change that order. The court of continuing exclusive jurisdiction has control over a support case until another court takes it away. This is defined in the Uniform Interstate Family Support Act (UIFSA). Söï duy trì thaåm quyeàn taøi phaùn. CONTRACT - (1) an agreement between two1) Hôïp ñoàng. 31 or more people to do or not to do a particular thing; (2) an agreement between two or more people that makes, changes, or ends a legal relationship. 2) Thoûa öôùc. CONTRIBUTORY NEGLIGENCE - A legal doctrine that says if the plaintiff in a civil action for negligence also was negligent, in any way, he or she cannot recover damages from the defendant for the defendant's negligence. Vieäc goùp phaàn do söï caåu thaû. CONTROLLED SUBSTANCES - Any drug identified by law whose availability is restricted. Unless otherwise specified, a drug, substance, or immediate precursor which is listed in any schedule in Health & Safety Code sections 11054, 11055, 11056, 11057 or 11058. Chaát lieäu kieåm soaùt. CONVERSION - The wrongful assumption of ownership over the goods or personal property belonging to another. Chieám höõu laøm cuûa rieâng. CONVEY - (1) to give the title to property to someone else. (2) to make known or communicate. 1) Chuyeån nhöôïng quyeàn sôû höõu. 2) Truyeàn ñaït. CONVICT - (1) A person who has been found guilty of a crime and is serving a sentence for that crime; a prison inmate. (2) To find a person guilty of an offense by either a trial or a plea of guilty. 1) Ngöôøi bò keát aùn. 2) Keát aùn. CONVICTION - When a judge or jury finds a criminal defendant guilty. Vieäc keát aùn, keát toäi. CORONER - Public official charged to inquire into the causes and circumstances of any death which occurs through violence or suddenly (suspicious causes). Y só giaûo nghieäm, phaùp y. CORPORATION - A group of persons who get a charter granting them as a body certain legal powers, rights, privileges, and liabilities as an individual. Coâng ty, phaùp nhaân. CORPUS DELECTI - Body of the crime. The objective proof that a crime has been committed. It sometimes refers to the body of the victim of a homicide or to the charred remains of a burned house, but the term has a broader meaning. For Chöùng cöù vöõng chaéc cuûa toäi phaïm. 32 the state to introduce a confession or to convict the accused, it must prove the occurrence of a specific injury or loss and a criminal act was the source of that particular injury or loss. CORROBORATE - To support with evidence or authority; make more certain. Cuûng coá, hoã trôï. CORROBORATING EVIDENCE - Supplementary evidence that tends to strengthen or confirm the initial evidence. Baèng chöùng xaùc nhaän. CORROBORATION - Confirmation or support of a witness' statement or other fact. Vieäc xaùc nhaän, cuûng coá theâm. CORRUPTLY - Dishonestly.Baát löông, ñeâ tieän. COSTS - (1) Fees and charges that a party pays to file and present a court case or to enforce a judgment; (2) money won in a civil suit to pay for expenses. 1) Chi phí. 2) AÙn phí. COUNSEL - One or more lawyers who represent a client. Also, legal advice. (See ATTORNEY). Luaät sö, ngöôøi tö vaán phaùp lyù. COUNSEL TABLE - The physical location where the defense and prosecuting parties are seated during the trial. Baøn cuûa luaät sö. COUNT - Each separate charge (or statement) in a criminal case. (See CHARGE). Ñieåm buoäc toâi, khoaûn toäi. (Charge: toäi danh) COUNTERCLAIM - An independent charge by one side in a case (either the plaintiff or defendant) that goes against the claim made by the other side. Phaûn toá. COUNTERFEIT - To forge, to copy or imitate, without authority or right, and with the purpose to deceive by passing off the copy as genuine. Ñoà giaû. COUNTY JAIL - A building or structure used to put alleged criminals and/or convicted criminals of local area crimes. Lao xaù quaän haït, nhaø tuø quaän. COURT - A judge or group of judges whose job is to hear cases and carry out justice. (See BENCH.) Toøa aùn. 33 COURT APPOINTED SPECIAL ADVOCATES (CASA) - These are volunteers who represent abused and neglected children. Ngöôøi beânh vöïc thieáu nhi do toøa chæ ñònh. COURT ATTENDANT - Provide courtroom support in selected courtrooms by performing limited security-related and clerical duties and serving as the court liaison for juries, witnesses, attorneys and the public. Nhaân vieân traät töï toøa; ngöôøi phuïc vuï toøa. COURT ADMINISTRATOR/CLERK OF COURT - An officer appointed by the Court or elected to oversee the administrative, non- judicial activities of the court. Quaûn trò vieân toøa aùn. Luïc söï. COURT APPOINTED COUNSEL - A defense attorney assigned by the court to represent a defendant who cannot afford to hire an attorney. Luaät sö do toøa chæ ñònh. COURT COSTS - The expenses of prosecuting or defending a lawsuit, other than the attorneys' fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs. Leä phí tö phaùp, aùn phí. COURT OF RECORD - A court in which the proceedings are recorded, transcribed, and maintained as permanent records. Toøa löu tröõ hoà sô. COURT ORDER - A decision made by a judicial officer that gives someone certain rights or tells someone to do something. AÙn leänh. COURT REPORTER - Someone who writes down, word for word, what is said in court. What is recorded is called a TRANSCRIPT. Toác kyù vieân toøa aùn. (Transcript: bieân baûn nguyeân vaên.) COURT TRIAL - A trial without a jury. A judge decides the case. Phieân xöû bôûi chaùnh aùn (khoâng coù hoäi thaåm ñoaøn). COURT, APPEALS - In some states, the highest appellate court, where it is the Court's decision whether to hear the case. Toøa phuùc thaåm. COURT, DISTRICT - (1) Federal - A trial court with general Federal jurisdiction. (2) State - Meaning varies from state to state. Toøa aùn lieân bang. 34 COURT, JUVENILE - A court having jurisdiction over cases involving children under a specified age, usually 18. Cases generally involve delinquent, dependent, and neglected children. Toøa thieáu nhi. COURT, NIGHT - A specialized court that deals with cases during the late evening and early morning hours. Toøa xöû ngoaøi giôø thöôøng leä. COURT, SUPERIOR - Trial court; meaning varies from state to state. Toøa thöôïng thaåm. COURT, TRAFFIC - A specialized court that hears crimes dealing with traffic offenses. Toøa löu thoâng. COURTESY NOTICE - A notice made by a computer that is usually sent for traffic violations to tell a defendant about a court date, bail, etc. Giaáy baùo ra toøa. COURTROOM - The section of a courthouse in which the judge presides over the proceedings. Phoøng xöû. COURTROOM CLERK - Courtroom personnel who attends court sessions and prepares record of court proceedings in conformance with statutes, policies, and the direction of a Judge; swears in witnesses and juries; maintains exhibits offered in evidence. Thö kyù toøa. CREDIBILITY - The quality in a witness which makes his or her testimony believable. Söï ñaùng tin caäy. CREDIT - Arrangement or understanding by the maker of a check with the person/institution upon which the order is drawn, for the payment of that check upon its presentation. Tín duïng. CRIME - Something you do, or don't do, that breaks a law. If you are found guilty, you can be punished by: death; jail or prison; fine; being removed from office; being unable to hold any office of honor, trust, or profit. Toäi phaïm, haønh vi phaïm toäi. CRIMINAL - Someone convicted of a felonyNgöôøi bò keát aùn phaïm toäi. 35 or a misdemeanor. CRIMINAL CASE - A court case that starts because of a crime. Vuï hình söï. CRIMINAL CONDUCT - The nature of or involving a crime. Haønh vi phaïm toäi. CRIMINAL INSANITY - Lack of mental ability to do or keep from doing a particular act; not able to distinguish right from wrong. Tình traïng voâ khaû naêng hình söï. CRIMINAL NEGLIGENCE - Act(s) which are aggravated, reckless or flagrant and which depart from the conduct of an ordinarily prudent, careful person under the same circumstances as to be contrary to a proper regard for human life or to constitute an indifference to the consequences of those acts. Söï caåu thaû ñöa ñeán traùch nhieäm hình söï. CRIMINAL RECORD - (1) Arrest record. A written account listing all the instances in which a person has been arrested. (2) A form completed by a police officer when a person is arrested. Hoà sô hình söï. Tö phaùp lyù lòch. CRIMINAL STREET GANG - An ongoing organization, association, or group of three or more persons, having as one of its primary activities the commission of one or more criminal acts, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. Baêêng ñaûng phaïm phaùp. CRIMINAL SUMMONS - An order commanding an accused to appear in court. Traùt ñoøi can phaïm haàu toøa. CROSS-CLAIM - A claim filed by defendant(s) or plaintiff(s) against each other. Kieän ngöôïc laïi. CROSS-EXAMINATION - When the other side's lawyer asks a witness questions in a hearing or trial. Thaåm vaán phoái kieåm. C

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