Legal Glossary
Clear, plain-language definitions of common legal terms across our practice areas — designed to make the law more accessible.
196 terms found
A
Acquittal
Criminal LawA decision by a judge or jury that the evidence did not prove the defendant's guilt. The person is released and cannot be tried again for the same charge.
Alimony
Family LawCourt-ordered financial support paid by one spouse to another during or after a divorce, intended to help the lower-earning spouse maintain a standard of living close to that of the marriage.
Ancillary Probate
Estate LawA separate probate proceeding in a state where a deceased person owned property, in addition to the main probate in their home state. It is often needed for Florida real estate owned by non-residents.
Annulment
Family LawA court order declaring a marriage void, as if it never legally existed. Florida grants annulments only in limited circumstances, such as fraud, bigamy, or incapacity.
Answer
Civil LitigationThe defendant's written response to a complaint, admitting or denying each allegation and raising any defenses or counterclaims. It must be filed within a set time after service.
Arbitration
Civil LitigationA binding decision made by a neutral third party instead of a judge or jury. The parties agree in advance to accept the arbitrator's ruling, which can be faster and more private than a trial.
Arraignment
Criminal LawA defendant's first formal court appearance after arrest, where charges are read, a plea is entered, and bail may be set. It marks the start of formal criminal proceedings.
Assault and Battery
Criminal LawThe use of physical force against another person. In Florida, simple assault is a threat or attempt, while battery involves actual contact, and both can be charged as misdemeanors or felonies.
Assumption of Risk
Personal InjuryA defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.
Attorney Fees in Divorce
Family LawA court order requiring one spouse to pay the other's legal fees during a divorce. Florida may award fees to ensure both spouses can afford proper representation, regardless of who filed.
B
Bad Faith Insurance
Personal InjuryAn insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.
Bail
Criminal LawSecurity posted to secure a defendant's release from jail pending trial, conditioned on appearing in court. Florida judges set bail based on the charge, criminal history, and flight risk.
Bench Warrant
Criminal LawA warrant issued by a judge, typically for failing to appear in court or violating a court order. An outstanding warrant can lead to arrest at any time.
Beneficiary
Estate LawA person or entity named to receive property or benefits from a will, trust, or insurance policy. Beneficiaries may be primary or contingent if the primary beneficiary cannot inherit.
Best Interests of the Child
Family LawThe legal standard Florida courts use to decide custody and timesharing. Judges weigh factors such as each parent's ability to provide, the child's needs, and the child's relationship with each parent.
Breach of Contract
Civil LitigationA failure, without legal excuse, to perform any promise forming part of a contract. The non-breaching party may sue for damages or to compel performance.
Breach of Duty
Personal InjuryA failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.
Burden of Proof
Personal InjuryThe obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.
Burglary
Criminal LawThe unlawful entry into a building or structure with intent to commit a crime inside. Florida treats it as a felony, with enhanced penalties if a weapon was involved.
Business Partner Dispute
Civil LitigationA business dispute where a partner, member, or shareholder claims the company or another owner harmed their interests. Florida law provides remedies such as buyouts, accounting, or dissolution.
C
Case in Chief
Civil LitigationThe evidence and arguments each side presents to the judge or jury to win the case. A strong presentation clearly explains what happened and why the law supports your side.
Caucus
MediationA private meeting between the mediator and one party during mediation, held separately from the other side. Caucuses let parties share confidential concerns and explore settlement options.
Causation
Personal InjuryThe link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.
Causation Letter
Personal InjuryA doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.
Child Custody
Family LawThe legal and practical relationship a parent has with their child, including decision-making authority (legal custody) and where the child lives (physical custody), determined by the child's best interests in Florida.
Child Custody Jurisdiction
Family LawA court's ability to make decisions about a child who lives in Florida. A judge needs this authority to order timesharing, support, or other relief affecting the child.
Child Support
Family LawCourt-ordered payments from one parent to the other to help cover the costs of raising a child, calculated under Florida guidelines based on income and time-sharing.
Class Action
Civil LitigationA lawsuit in which one or more plaintiffs sue on behalf of a larger group with similar claims. A court must certify the class before it can proceed as a class action.
Codicil
Estate LawA formal amendment or addition to an existing will. In Florida, a codicil must be executed with the same formalities as a will — signed and witnessed.
Collaborative Law
MediationA structured dispute-resolution process in which both parties and their attorneys agree to resolve issues out of court, often used in family law to avoid litigation.
Community Supervision
Criminal LawA sentence served in the community under supervision instead of in jail, with rules like meeting an officer, staying employed, and avoiding new charges. Breaking the rules can lead to prison.
Comparative Negligence
Personal InjuryA rule that allocates fault among all parties to an accident. In Florida, your compensation may be reduced by your percentage of fault, but you can still recover as long as you are not more at fault than the other party.
Complaint
Civil LitigationThe initial pleading filed by a plaintiff that starts a civil lawsuit, stating the facts, legal claims, and relief sought. The defendant must respond with an answer or motion.
Construction Dispute
Civil LitigationA disagreement between a property owner and a contractor over work quality, delays, or payment. These disputes often involve breach of contract, construction liens, or warranty claims.
Contested Divorce
Family LawA divorce in which the spouses disagree on one or more issues such as property, support, or custody, requiring court resolution. Uncontested divorces resolve all terms by agreement.
Contingency Fee
Personal InjuryA fee arrangement in which an attorney's payment is a percentage of the recovery, paid only if the client wins compensation. It allows injured people to pursue claims without upfront legal costs.
Counterclaim
Civil LitigationA claim filed by a defendant against the plaintiff within the same lawsuit, asserting that the plaintiff owes the defendant relief rather than the reverse.
D
Damages
Personal InjuryThe monetary compensation awarded to an injured person for losses caused by another's wrongful conduct, including medical bills, lost wages, property damage, and non-economic harms like pain and suffering.
Debt Collection Abuse
Civil LitigationA claim that a debt collector used unfair, abusive, or deceptive practices to collect a debt. Federal and Florida laws protect consumers from harassment and false threats.
Declaratory Judgment
Civil LitigationA court order stating the rights and obligations of the parties without awarding damages or ordering action. It is used to resolve uncertainty about contracts, insurance coverage, or statutes.
Default Judgment
Civil LitigationA judgment entered against a defendant who fails to respond to a lawsuit within the required time. The plaintiff can then enforce the judgment without a trial.
Defendant
Civil LitigationThe person or entity against whom a civil lawsuit is filed. The defendant must respond to the complaint and may assert defenses or counterclaims against the plaintiff.
Demand Letter
Personal InjuryA formal written request sent to an at-fault party or their insurer demanding compensation for injuries. It often summarizes the claim and opens settlement negotiations before a lawsuit is filed.
Dependency Case
Family LawA court-ordered plan that protects a child when a parent is unable to care for them, often due to abuse, neglect, or incapacity. It can place the child with a relative, guardian, or the state.
Deposition
Personal InjurySworn out-of-court testimony given by a witness or party before trial, recorded by a court reporter. Depositions are part of discovery and may be used as evidence at trial.
Discovery
Criminal LawThe pre-trial process where the prosecution and defense exchange evidence, including police reports, witness statements, and physical evidence. The prosecution has a duty to disclose evidence favorable to the defense.
Discovery
Civil LitigationThe pre-trial phase of a lawsuit during which each party gathers evidence from the other through depositions, interrogatories, document requests, and subpoenas.
Dissipation of Assets
Family LawA spouse's waste or misuse of marital property, such as spending on an affair or gambling, before or during divorce. Florida courts may compensate the other spouse in equitable distribution.
Divorce Petition
Family LawA formal request a spouse files with the court to end the marriage. In Florida, only one spouse needs to state the marriage is irretrievably broken to begin the process.
Divorce Trial
Family LawA court process where a judge makes decisions for spouses who cannot agree. It takes longer and costs more than an uncontested divorce because the judge settles the disputed issues.
Dog Bite
Personal InjuryAn injury claim arising when a dog attacks and injures a person. Florida applies a strict liability standard for dog bites, meaning the owner may be responsible even if the dog had no prior history of aggression.
Domestic Violence
Family LawAbuse or violence between family or household members. Florida allows victims to seek an injunction for protection and considers domestic violence in custody and support decisions.
Drug Possession
Criminal LawThe offense of knowingly possessing a controlled substance without a valid prescription. Penalties in Florida depend on the type and amount of drug and whether intent to sell is alleged.
DUI
Criminal LawDriving Under the Influence—operating a vehicle while impaired by alcohol or drugs. A BAC of 0.08 or higher creates a presumption of impairment in Florida, with penalties including license suspension, fines, and jail.
Duty of Care
Personal InjuryThe legal obligation one person owes to another to act with reasonable care to avoid causing harm. Establishing a duty of care is the first step in proving negligence.
E
Economic Damages
Personal InjuryQuantifiable financial losses from an injury, including medical bills, lost wages, and property damage. They are documented with receipts and bills and are generally easier to prove than non-economic damages.
Elective Share
Estate LawA surviving spouse's right under Florida law to claim a portion of the deceased spouse's estate — generally 30% — even if the will leaves the spouse less or nothing.
Equitable Distribution
Family LawFlorida's framework for dividing marital property and debts in a divorce. Equitable means fair rather than equal, based on each spouse's contribution and circumstances.
Establishing Paternity
Family LawThe legal relationship between a father and child, often established by a court order or genetic test. Once confirmed, it allows the father to seek timesharing and creates a duty to support the child.
Estate Administration
Estate LawThe legal process of transferring a deceased person's property to the rightful heirs or beneficiaries, whether or not there was a will. It ensures debts are paid and assets are distributed correctly.
Estate Tax Planning
Estate LawA legal plan to reduce or avoid estate taxes on assets passed to heirs. It uses tools like trusts, gifts, and marital deductions to preserve more wealth for beneficiaries.
Executor
Estate LawThe personal representative named in a will to manage a deceased person's estate — gathering assets, paying debts and taxes, and distributing property to beneficiaries under court supervision.
Expert Witness
Personal InjuryA specialist with relevant knowledge who offers opinion testimony to help the court understand complex issues, such as a doctor explaining injury causation or an engineer on accident reconstruction.
Expungement
Criminal LawThe legal process of sealing or destroying a criminal record so it is not visible in background checks. Eligibility depends on the charge, disposition, and prior history.
F
Felony
Criminal LawA serious crime typically punishable by more than one year in state prison. Florida felonies range from third-degree to capital offenses, with penalties increasing by degree.
Fiduciary Duty
Civil LitigationA legal obligation to act in another's best interest, owed by directors, trustees, partners, and agents. Breaching this duty can result in personal liability.
Filing Deadline
Personal InjuryA legal deadline to file a lawsuit. If you wait too long after an accident, you lose the right to seek compensation, so it is important to act promptly.
Financial Power of Attorney
Estate LawA person chosen to handle your financial and legal matters if you cannot do so yourself. Their authority can be limited to certain tasks or broad enough to manage all your affairs.
Foreclosure
Civil LitigationThe legal process by which a lender takes possession of property when a borrower defaults on a mortgage. Florida foreclosures are judicial, requiring a court action.
G
Grand Jury
Criminal LawA group of citizens who review evidence to decide whether there is probable cause to indict a defendant for a serious crime. Florida uses grand juries for capital offenses and certain felonies.
Grantor
Estate LawThe person who creates and funds a trust. Also called a settlor or trustor, the grantor sets the trust's terms and may serve as trustee in a revocable trust.
Guardian ad Litem
Family LawA person appointed by the court to investigate and represent the best interests of a child in a custody or dependency case. They provide independent recommendations to the judge.
Guilty Plea
Criminal LawA formal statement by the accused admitting guilt to a charge. It leads to sentencing without a trial and may be part of a negotiated deal.
H
Habitual Offender
Criminal LawA designation for defendants with prior felony convictions that can lead to enhanced sentences under Florida's habitual felony offender statutes, increasing the potential prison term.
Healthcare Directive
Estate LawA legal document stating your wishes for medical treatment if you become unable to communicate, often paired with a healthcare power of attorney or living will.
Healthcare Surrogate
Estate LawA person named to make medical decisions for you if you become unable to speak for yourself. This role is created through a healthcare directive and ensures your wishes are followed.
Heir
Estate LawA person entitled by law to inherit from a deceased person who left no will. Florida's intestacy statutes define heirs by family relationship.
Holographic Will
Estate LawA will entirely handwritten and signed by the testator. Florida generally does not recognize holographic wills unless they meet statutory witnessing requirements.
I
Impasse
MediationA point in negotiations where the parties cannot reach agreement on one or more issues. A mediator may use techniques such as a mediator's proposal to help break the impasse.
Imputation of Income
Family LawAssigning income to a parent for child support or alimony purposes when they are voluntarily unemployed or underemployed, ensuring support is calculated on earning potential rather than actual earnings.
Indictment
Criminal LawA formal charge brought by a grand jury when there is enough evidence to try a person for a felony. Florida uses indictments for capital crimes and other serious felonies.
Injunction
Civil LitigationA court order requiring a party to do or refrain from doing a specific act. In Florida, injunctions are common in domestic violence, business disputes, and to prevent irreparable harm.
Insurance Dispute
Civil LitigationA claim against an insurance company for unreasonably delaying, denying, or underpaying a valid claim. Florida law allows policyholders to recover damages beyond the policy when an insurer acts in bad faith.
Interest-Based Negotiation
MediationA negotiation approach focusing on each party's underlying needs and goals rather than fixed positions, used in mediation and collaborative law to find mutually acceptable solutions.
Intestate Succession
Estate LawThe process by which a deceased person's assets are distributed when they die without a valid will. Florida law sets the order in which spouses, children, and other relatives inherit.
Irrevocable Trust
Estate LawA trust that generally cannot be changed or revoked once created. It is often used for asset protection, tax planning, and Medicaid eligibility.
J
Jurisdiction
Civil LitigationThe authority of a court to hear and decide a case. A court must have both authority over the subject matter and over the parties involved to issue a binding judgment.
Juvenile Law
Criminal LawThe area of law addressing offenses committed by minors. Florida juvenile cases focus on rehabilitation and are handled in a separate delinquency system, though serious charges can be transferred to adult court.
L
Last Will and Testament
Estate LawA legal document that states how you want your property distributed after death and names a guardian for any minor children. It must be signed and witnessed to be valid in Florida.
Legal Consultation
Criminal LawA lawyer's advice given free of charge to help you understand your situation and options before deciding whether to hire them. It lets you learn your rights without any upfront cost.
Letter of Protection
Personal InjuryA document from an attorney to a medical provider guaranteeing payment for treatment out of a future personal injury settlement. It allows injured clients to receive care they could not otherwise afford while a case is pending.
Letters Testamentary
Estate LawCourt-issued documents granting an executor authority to act on behalf of a deceased person's estate, such as accessing accounts and selling property during probate.
Liability
Personal InjuryLegal responsibility for one's acts or omissions. Establishing liability means showing that another party is legally responsible for the harm you suffered.
Life Insurance Trust
Estate LawA trust created to hold a life insurance policy outside the taxable estate. It can keep the death benefit out of probate and provide liquidity to pay estate taxes or equalize inheritances.
Liquidated Damages
Civil LitigationA contract clause fixing in advance the amount a party must pay for breaching, often used when actual damages would be hard to prove. Courts enforce them if the amount is reasonable, not a penalty.
Litigation Costs
Civil LitigationThe legal costs of pursuing a lawsuit, such as filing fees, deposition costs, and expert witness charges. In some cases, the losing party may be ordered to pay the winner's costs.
Living Trust
Estate LawA legal arrangement in which a trustee holds and manages assets for named beneficiaries during your lifetime and after death. A properly funded living trust can help avoid probate.
Loss of Consortium
Personal InjuryA derivative claim by a spouse or family member for the loss of companionship, affection, or support caused by a loved one's injury. In Florida, this claim is tied to the injured person's underlying claim.
Loss of Earning Capacity
Personal InjuryCompensation for a permanent reduction in a person's ability to earn income after an injury, distinct from immediate lost wages. It accounts for future diminished earning potential.
M
Marital Property
Family LawAssets and debts acquired by either spouse during the marriage, which are subject to equitable distribution in a Florida divorce. It generally excludes non-marital property acquired before the marriage or by gift or inheritance.
Mediation
MediationA voluntary, confidential process in which a neutral mediator helps disputing parties reach their own agreement without a judge deciding the outcome.
Medicaid Planning
Estate LawPlanning that helps protect your assets from being spent down so you can qualify for Medicaid long-term care benefits. It uses trusts and transfers structured within legal limits.
Medical Malpractice
Personal InjuryProfessional negligence by a healthcare provider whose treatment falls below the accepted standard of care and causes injury to a patient. Florida requires presuit notice before filing suit.
Medical Narrative Report
Personal InjuryA written report from a doctor describing your injuries, treatment, and future medical needs. It helps show the full value of your claim, especially for long-term or serious injuries.
Memorandum of Understanding
MediationA document summarizing the points of agreement reached in mediation or collaborative law. It is often the basis for a formal, binding settlement agreement prepared afterward.
Mental Capacity
Estate LawA person's legal ability to make valid decisions about their property and affairs. A will or trust can be challenged if the creator lacked capacity when signing it.
Mesothelioma
Personal InjuryA rare cancer caused almost exclusively by exposure to asbestos fibers. Victims may pursue compensation from manufacturers or employers responsible for the exposure.
Military Divorce
Family LawA divorce involving a service member or military retiree, which raises unique issues under federal laws such as the SCRA and rules for dividing military pensions.
Minimum Mandatory Sentence
Criminal LawA statutory sentence requiring a judge to impose a minimum prison term with no early release for certain offenses, such as some drug and firearm crimes in Florida.
Miranda Rights
Criminal LawThe warnings police must give before custodial interrogation, advising the right to remain silent and to an attorney. Statements made without these warnings may be inadmissible in court.
Misdemeanor
Criminal LawA less serious criminal offense usually punishable by up to one year in county jail. First-degree misdemeanors carry the harshest penalties in this category.
Modification of Support
Family LawA court-ordered change to an existing child support or alimony obligation based on a substantial, material, and unanticipated change in circumstances since the original order.
Motion to Dismiss
Civil LitigationA request asking the court to throw out a complaint because it fails to state a valid legal claim, even if the facts alleged are true. If granted, the case ends early without trial.
Motion to Suppress
Criminal LawA defense request to exclude evidence obtained in violation of a defendant's constitutional rights, such as through an illegal search or an un-Mirandized statement.
Motorcycle Accident
Personal InjuryA crash involving a motorcycle that often causes serious injuries because riders have little protection. Florida law requires riders under 21 to wear a helmet, and helmet use can affect injury claims.
N
Negligence
Personal InjuryThe failure to exercise the level of care that a reasonably prudent person would have used under the same circumstances. Proving negligence is usually required to hold an at-fault party responsible for your injuries.
Neutral
MediationAn impartial third party — such as a mediator — who facilitates discussions between disputing parties without taking sides or imposing a decision.
Nolo Contendere
Criminal LawA 'no contest' plea in which the defendant accepts punishment without admitting guilt. It cannot be used as an admission of liability in a related civil case, which is its main advantage over a guilty plea.
Non-Compete Clause
Civil LitigationA contract term restricting a person from competing with a former employer for a set time and area. Florida enforces reasonable non-competes under specific statutory rules.
Non-Economic Damages
Personal InjuryCompensation for subjective, non-monetary harms such as pain, emotional distress, and loss of enjoyment of life. These damages are harder to quantify and often contested.
Non-Marital Property
Family LawAssets owned by a spouse before marriage, or acquired during marriage by gift or inheritance to one spouse alone. Non-marital property is generally not divided in a Florida divorce.
P
Pain and Suffering
Personal InjuryA category of non-economic damages compensating an injured person for physical pain, emotional distress, and loss of enjoyment of life resulting from an injury.
Parenting Plan
Family LawA written document required in Florida custody cases that details how parents will share responsibility for a child, including timesharing schedules, decision-making authority, and communication methods.
Parole
Criminal LawThe supervised release of a prisoner before the end of their sentence, subject to conditions. Florida abolished traditional parole in 1983, but supervised release concepts remain for certain sentences.
Participation Agreement
MediationThe contract that starts a collaborative law case, in which both parties and their attorneys agree to resolve disputes without going to court and to disclose information voluntarily.
Paternity
Family LawThe legal establishment of a child's father, giving the child rights to support, inheritance, and a relationship with both parents. It can be established voluntarily or by court-ordered DNA testing.
Pedestrian Accident
Personal InjuryA collision involving a vehicle and someone on foot. The driver is often at fault, but Florida's comparative negligence rules can reduce a pedestrian's recovery if they shared some blame.
Permanent Impairment
Personal InjuryThe long-lasting physical or mental effects an injury has on your daily life, such as trouble walking, chronic pain, or memory loss. These effects are considered when calculating fair compensation.
Personal Injury Protection
Personal InjuryFlorida's no-fault auto insurance coverage that pays for medical expenses and lost wages after a crash regardless of who is at fault. PIP generally covers 80% of reasonable medical bills up to $10,000.
Petition for Dissolution
Family LawThe formal legal document filed with the court to initiate a divorce, stating the grounds and the relief requested such as property division, alimony, custody, and support.
Plaintiff
Civil LitigationThe party who initiates a civil lawsuit by filing a complaint against another party (the defendant), seeking a legal or equitable remedy such as money damages or an injunction.
Plea Agreement
Criminal LawA written agreement between the prosecutor and defendant where the defendant pleads guilty to a lesser charge or receives a lighter sentence in exchange for avoiding a trial.
Plea Bargain
Criminal LawA negotiated agreement in which a defendant pleads guilty to a lesser charge or receives a reduced sentence in exchange for avoiding trial. Pleas must be entered voluntarily.
Policy Limits
Personal InjuryThe maximum amount an insurance policy will pay for a covered loss. Recovery from an at-fault party's insurer is typically capped at these limits unless other coverage or assets are available.
Postnuptial Agreement
Family LawA contract signed during marriage that defines how assets, debts, and support will be handled if the marriage ends. Like a prenuptial agreement, it requires voluntary entry and full disclosure.
Power of Attorney
Estate LawA legal document authorizing another person to act on your behalf in financial or healthcare matters. A durable power of attorney remains effective even if you become incapacitated.
Premises Liability
Personal InjuryThe principle holding property owners responsible for injuries occurring on their property due to unsafe conditions they knew about or should have known about.
Prenuptial Agreement
Family LawA contract signed before marriage that defines how assets, debts, and support will be handled if the marriage ends. In Florida, it must be entered voluntarily and with full financial disclosure to be enforceable.
Preponderance of the Evidence
Personal InjuryThe standard of proof in civil cases requiring that a fact is more likely true than not — meaning greater than 50% likelihood. This is the threshold a plaintiff must meet to prevail on a personal injury claim.
Pretrial Motion
Civil LitigationA request asking the judge to make a ruling before trial, such as dismissing the case or limiting evidence. Motions help shape what happens in court.
Pretrial Release
Criminal LawA program allowing a defendant to be released from jail before trial under supervision, without posting bail. Florida courts assess flight risk and public safety when granting pretrial release.
Probable Cause
Criminal LawA reasonable basis, based on facts and circumstances, to believe that a person has committed a crime. Police need probable cause to arrest or search, and prosecutors need it to charge.
Probate
Estate LawThe court-supervised process of validating a deceased person's will, inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries.
Probation
Criminal LawA court-ordered period of community supervision instead of jail or prison, subject to conditions such as reporting to an officer, drug testing, and avoiding new arrests.
Product Liability
Personal InjuryThe legal responsibility of manufacturers, distributors, and sellers for injuries caused by a defective or dangerously designed product.
Proximate Cause
Personal InjuryThe legal connection between a defendant's conduct and the plaintiff's injury that is close enough to make the defendant legally responsible. It limits liability to harms that were a foreseeable result of the conduct.
Punitive Damages
Personal InjuryDamages awarded to punish a defendant for intentional misconduct or gross negligence and to deter similar conduct. In Florida, punitive damages are limited by statute and require a higher showing of fault.
Q
Qualified Domestic Relations Order
Family LawA court order that divides retirement plan benefits between spouses in a divorce without triggering early withdrawal penalties. It directs the plan administrator to pay a portion to the non-employee spouse.
R
Real Estate Disclosure Claim
Civil LitigationA legal claim that a real estate agent or seller failed to disclose known defects in a property. Florida law requires sellers to disclose material facts that affect the property's value.
Reasonable Doubt
Criminal LawThe highest standard of proof in the legal system, required for a criminal conviction. The prosecution must prove the defendant's guilt so convincingly that no reasonable person would question it.
Relocation
Family LawA parent's move with a child that significantly affects the other parent's timesharing. Florida law requires either the other parent's consent or court approval based on the child's best interests.
Residuary Estate
Estate LawThe portion of an estate remaining after specific gifts, debts, taxes, and expenses are paid. It passes to the residuary beneficiaries named in the will or by intestate succession.
Restitution
Criminal LawCourt-ordered repayment to a victim for losses caused by the defendant's crime, such as property damage or medical costs. It is often a condition of probation or sentencing.
Restraining Order
Family LawA court order that protects a person from abuse, harassment, or contact by another individual. It can require the other person to stay away and is often used in domestic violence situations.
Revocable Trust
Estate LawA trust the grantor can change or cancel during their lifetime. It allows assets to pass to beneficiaries without probate while letting the grantor retain control.
Rideshare Accident
Personal InjuryA crash involving a rideshare vehicle. Coverage depends on whether the driver was logged into the app, had accepted a ride, or was off-duty, and multiple insurance policies may apply.
Robbery
Criminal LawThe crime of taking property from a person by force or threat. In Florida, it is a serious felony that carries severe penalties, especially if a weapon was used.
S
Search Warrant
Criminal LawA judge's order authorizing police to search a specific place for evidence of a crime. It requires probable cause and must describe the place and items to be seized.
Sentencing
Criminal LawThe phase after a conviction or guilty plea where the judge imposes punishment. Florida uses sentencing guidelines that weigh the offense severity and the defendant's criminal history.
Separation Agreement
Family LawA written contract between spouses settling support, property, and parenting issues while living apart. Florida does not have legal separation, but such agreements can still govern the parties' arrangements.
Service of Process
Civil LitigationThe formal delivery of a lawsuit's initial papers to the defendant, giving notice and an opportunity to respond. Proper service is required for the court to have jurisdiction over the defendant.
Settlement
Personal InjuryA payment from an insurance company to help cover your losses after an accident. Your lawyer negotiates with the insurer to reach a fair amount that pays for your medical bills, repairs, and other harm.
Shared Parental Responsibility
Family LawA plan that explains how parents will raise their child after a divorce, including the time each parent spends with the child and how major decisions are made. Florida requires this plan in custody cases.
Shareholder Dispute
Civil LitigationA conflict among business owners or shareholders over governance, valuation, dividends, or alleged oppression of minority interests, often resolved through litigation or buyout.
Slip and Fall
Personal InjuryA premises liability claim arising when someone is injured after slipping, tripping, or falling on another's property due to a dangerous condition such as a wet floor or uneven surface.
Specific Performance
Civil LitigationA remedy ordering a party to fulfill their obligations under a contract, used when money damages are inadequate — for example, in real estate sales where the property itself is unique.
Spendthrift Clause
Estate LawA trust provision restricting a beneficiary's ability to transfer their interest and protecting trust assets from the beneficiary's creditors before distributions are made.
Spousal Support
Family LawFinancial support paid by one spouse to the other after separation or divorce, also called alimony. Florida courts consider need, ability to pay, and the standard of living during the marriage.
Standing
Civil LitigationA party's legal right to bring a lawsuit, based on a sufficient stake in the outcome. A plaintiff must show they suffered a concrete injury caused by the defendant that the court can remedy.
Statute of Frauds
Civil LitigationA law requiring certain contracts to be in writing to be enforceable, including agreements for real estate sales, contracts that cannot be performed within one year, and promises to pay another's debt.
Statute of Limitations
Personal InjuryThe legally prescribed time limit within which a lawsuit must be filed. In Florida, most personal injury claims must be filed within a specific period from the date of the accident, after which the right to recover is lost.
Strict Liability
Personal InjuryLegal responsibility for harm that does not require proof of negligence. It applies to certain activities and products, such as defective products and dog bites in some states.
Subrogation
Personal InjuryAn insurer's right to recover amounts it paid on a claim by stepping into the insured's place against the at-fault party. It often arises after a health or auto insurer pays medical bills.
Summary Judgment
Civil LitigationA court's decision in favor of one party when there is no genuine dispute of material fact, allowing the case to be decided as a matter of law without a full trial.
Support Obligation
Family LawMoney one parent pays to the other to help cover a child's everyday needs like food, housing, and schooling. In Florida, the amount is set by a formula based on both parents' incomes.
T
Testamentary Trust
Estate LawA trust created by a will that takes effect only after the testator's death. It is funded by the estate and administered by a trustee named in the will.
Testator
Estate LawThe person who makes a will. In Florida, a testator must be at least 18 years old and of sound mind for the will to be valid.
Theft
Criminal LawThe unauthorized use of another person's property, often a vehicle, without permission. Florida distinguishes between temporary use and intent to permanently keep the property.
Timesharing
Family LawFlorida's term for the schedule of time each parent spends with a child. A parenting plan establishes timesharing and must be approved based on the best interests of the child.
Timesharing Schedule for Unmarried Parents
Family LawA court-approved plan for an unmarried parent to spend time with their child. It is similar to a parenting plan but is established after paternity is confirmed.
Tort
Civil LitigationA civil wrong that causes harm, leading to legal liability for the person who committed it. Torts include intentional acts, negligence, and strict liability wrongs.
Traumatic Brain Injury
Personal InjuryBrain damage caused by a sudden blow, jolt, or penetrating injury to the head. TBIs can range from mild concussions to severe, life-altering cognitive and physical impairments.
Truck Accident
Personal InjuryA collision involving a large commercial truck. These claims are more complex because the trucking company, driver, and shipper may all share responsibility under federal and state safety rules.
Trust-Based Estate Plan
Estate LawA legal document that lets you name who receives your property after death and can help avoid probate for assets placed inside it. It is a key tool for avoiding court and keeping your affairs private.
Trustee
Estate LawThe person or institution appointed to hold and manage trust property for the benefit of beneficiaries, following the terms set out in the trust document.
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Uncontested Divorce
Family LawA divorce in which both spouses agree on all major issues — including property division, support, and timesharing — allowing the court to finalize the matter without a trial. It is typically faster and less expensive.
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Venue
Civil LitigationThe proper geographic location for a lawsuit to be heard. In Florida, venue is typically where the defendant lives, where the cause of action arose, or where property is located.
Visitation Rights
Family LawA non-custodial parent's (or grandparent's) court-ordered right to spend time with a child. Florida refers to parenting plans and time-sharing rather than traditional visitation.
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Whiplash
Personal InjuryA legal claim for harm caused by a sudden, forceful movement of the head and neck, common in rear-end car crashes. Symptoms may appear days later and can include neck pain, headaches, and stiffness.
Whistleblower
Civil LitigationA person who reports illegal or fraudulent activity by an employer or government contractor. Whistleblowers may receive legal protections and, in some cases, a share of recovered funds.
White Collar Crime
Criminal LawNon-violent, financially motivated offenses such as fraud, embezzlement, and identity theft, often committed in a business or professional setting.
Will
Estate LawA legal document directing how your property should be distributed after death and naming a personal representative to manage your estate. A will must go through probate to take effect.
Will Contest
Estate LawA formal challenge to a will's validity, often based on undue influence, lack of capacity, or improper signing. Florida has strict deadlines and standing rules for bringing a will contest.
Workers' Compensation
Personal InjuryA no-fault insurance system providing wage replacement and medical benefits to employees injured on the job, regardless of who was at fault.
Workplace Injury
Personal InjuryAn injury or illness that occurs in the course of employment. Most are covered by workers' compensation, though a third-party claim may be available when someone other than the employer is at fault.
Wrongful Death
Personal InjuryA claim brought when a person's death is caused by the wrongful act or negligence of another. Surviving family members may recover damages for loss of companionship, support, and income.