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plaintiff The person who starts a lawsuit. |
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postnuptial agreement or separation agreement A written contract entered into by a husband and wife, which sets forth all their present and future rights in the event of a divorce or a spouse's death. The parties may or may not be involved in divorce litigation at the time they sign such an agreement. |
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precedent The use of previous decisions in cases factually similar to the case before a judge in order for the judge to decide how to adjudicate the present case. |
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prenuptial agreement A written contract entered into by a couple who intend to marry but want to establish, before marriage, their rights in the event of a death or divorce after marriage. The validity of such agreements depends on state law. |
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record All the testimony and exhibits upon which a judge based his or her decision. When a party appeals a decision, it is necessary to compile all the papers and transcripts of testimony that the lower court used to decide the case and to present that information to the higher court. |
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respondent The person who has to defend or object to the appeal. The respondent also responds to the Petition in the trial court. |
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retainer A payment made to an attorney to secure his or her services. As the attorney works, charges are deducted from the retainer until the money is used up. At that time, the attorney will bill on a weekly or monthly basis or will ask for a new retainer. |
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retainer agreement A contract signed by an attorney and client setting forth the billing arrangement to be instituted between the lawyer and the client. |
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separate property Property a spouse acquires before the marriage and after an action for divorce has begun. In some jurisdictions, inheritance, disability awards, and gifts received during the marriage by one party are considered separate property. Other exceptions may exist as well. |
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sole custody One parent has the unilateral right to make decisions concerning the children without having to consult with the other parent. However, even in situations where sole custody exists, the other parent may have to be consulted before major expenses, such as college or health care, for which that parent may be responsible, are incurred. |
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transcript The written presentation of testimony given at trial or in a deposition. |
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