GLOSSARY

CAPACITY

Mental ability to make a rational decision, which includes the ability to perceive and appreciate all relevant facts. Capacity is not necessarily synonymous with sanity. Legal capacity is the attribute of a person who can acquire new rights, or transfer rights, or assume duties according to the mere dictates of his/her own will, as manifested in acts, without any restraint or hindrance arising from his/her status or legal condition.

CASE MANAGEMENT CONFERENCE

A Case Management Conference (CMC) is a hearing between the judge and the parties. A CMC usually happens before a trial is scheduled. Witnesses do not need to attend and evidence is not presented. The main purpose of the hearing is to see if parties are willing to attempt to settle some or all of the issues in dispute before going to trial. If settlement is not likely and parties are unwilling to participate in mediation or a settlement conference, then a Trial Readiness Conference (TRC) and a Trial date may be set. Additionally, Discovery and Motion cut-off dates are generally given to the parties at the CMC.

CERTIFIED COPY

An official copy of a particular document from a case file that is notated as a true, complete, and authentic representation of the original document.

CHANGE OF VENUE

The transfer of a case from one judicial district to another.

CHATTEL

Any tangible, moveable thing, personal as opposed to real property.

CITATION

A court-issued writ that commands a person to appear at a certain time and place to do something demanded in the writ, or to show cause for not doing so. An order or summons notifying a proposed conservatee of the petition being made, and or commanding the person to appear in court.

CODICIL

An amendment or supplement to an existing will. When admitted to probate, it forms a part of the will.

COMMISSIONER

A person appointed by the court who is given the power to hear and make decisions concerning certain limited legal matters; e.g., traffic commissioner, small claims commissioner.

COMMUNITY PROPERTY

Property acquired by a couple during their marriage except by gift or inheritance.

CONFIDENTIAL RECORD

Any information introduced into a court proceeding that is not available to the general public.

CONFLICT OF INTEREST

Refers to a situation when someone, such as a lawyer or public official, has competing professional or personal obligations or personal or financial interests that would make it difficult to fulfill his/her duties fairly.

CONSENT FOR MEDICAL TREATMENT

Power held by conservator of the person only if expressly granted by the court, after noticed motion and consideration of physician's declaration.

CONSERVATEE

A person determined by the court to be unable to protect and manage their own personal care or financial affairs, or both. And, for whom the court has appointed a conservator.

CONSERVATOR

A person or organization appointed by the court to protect and manage the personal care or financial affairs, or both, of a Conservatee. (See LPS conservatorship.)

CONSERVATORSHIP

A court proceeding to appoint a manager for the financial affairs or the personal care of one who is either physically or mentally unable to handle either or both.

CONSERVATORSHIP ESTATE

The conservatees income and assets.

CONTEMPT OF COURT

An act or omission that obstructs the orderly administration of justice or impairs the dignity, respect or authority of the court. May be demonstrated by behavior which shows intentional disregard of or disobedience of a court order both of which may be punishable by fine or imprisonment.

CONTESTANT

A person who contests the eligibility of a will to be admitted to probate.

CONTESTED

To defend against an adverse claim made in a court by a plaintiff, petitioner or a prosecutor; to challenge a position asserted in a judicial proceeding, as to contest the probate of a will.

CONTINGENT BENEFICIARY

Any person entitled to property under a will in the event one or more prior conditions are satisfied.

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