Article I General Provisions
Article II Civil Practice
Article III Administrative Review
Article IV Attachment
Article V Costs
Article VI Ejectment
Article VIII Evidence
Article IX Eviction
Article X Habeas Corpus
Article XI Injunction
Article XII Judgments – Enforcement
Article XIII Limitations
Article XIV Mandamus
Article XV Mortgage Foreclosure
Article XVI Ne Exeat
Article XVII Partition
Article XVIII Quo Warranto
Article XIX Replevin
Article XIX-c Effective Date
Article XX Recovery Of Fraudulently Obtained Public Funds
Article XXI Change Of Name
Article XXII Frivolous Lawsuits Filed By Prisoners

Terms Used In Illinois Compiled Statutes > 735 ILCS 5 - Code of Civil Procedure

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means the Pontiac Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/210-5
  • Authority: means the Illinois Quad City Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/215-5
  • Authority: means the Quincy Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/220-5
  • Authority: means the Randolph County Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/225-5
  • Authority: means the River Forest Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/230-5
  • Authority: means the Riverside Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/235-5
  • Authority: means the Rockford Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/240-5
  • Authority: means the Salem Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/245-5
  • Authority: means the Sheldon Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/250-5
  • Authority: means the Springfield Metropolitan Exposition and Auditorium Authority. See Illinois Compiled Statutes 70 ILCS 200/255-5
  • Authority: means the Sterling Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/260-5
  • Authority: means the Waukegan Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/270-5
  • Authority: means the West Frankfort Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/275-5
  • Authority: means the Will County Metropolitan Exposition and Auditorium Authority. See Illinois Compiled Statutes 70 ILCS 200/280-5
  • Authority: means the Bowdre Township Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/30-5
  • Authority: means the Brownstown Park District Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/35-5
  • Authority: means the Carbondale Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/40-5
  • Authority: means the Crystal Lake Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/70-5
  • Authority: means DuPage County Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/80-5
  • Authority: means the Elgin Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/85-5
  • Authority: means the Herrin Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/95-5
  • Authority: means the Bloomington Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/20-5
  • Authority: means the Pekin Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/200-5
  • Authority: means Peoria Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/205-5
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Balanced budget: A budget in which receipts equal outlays.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bench trial: Trial without a jury in which a judge decides the facts.
  • Board: means the governing and administrative body of the Pontiac Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/210-5
  • Board: means the governing and administrative body of the Illinois Quad City Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/215-5
  • Board: means the governing and administrative body of the Quincy Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/220-5
  • Board: means the governing and administrative body of the Randolph County Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/225-5
  • Board: means the governing and administrative body of the River Forest Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/230-5
  • Board: means the governing and administrative body of the Riverside Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/235-5
  • Board: means the governing and administrative body of the Rockford Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/240-5
  • Board: means the governing and administrative body of the Salem Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/245-5
  • Board: means the governing and administrative body of the Sheldon Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/250-5
  • Board: means the governing and administrative body of the Springfield Metropolitan Exposition and Auditorium Authority. See Illinois Compiled Statutes 70 ILCS 200/255-5
  • Board: means the governing and administrative body of the Sterling Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/260-5
  • Board: means the governing and administrative body of the Waukegan Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/270-5
  • Board: means the governing and administrative body of the West Frankfort Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/275-5
  • Board: means the governing and administrative body of the Will County Metropolitan Exposition and Auditorium Authority. See Illinois Compiled Statutes 70 ILCS 200/280-5
  • Board: means the governing and administrative body of the Bowdre Township Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/30-5
  • Board: means the governing and administrative body of the Brownstown Park District Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/35-5
  • Board: means the governing and administrative body of the Carbondale Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/40-5
  • Board: means the governing and administrative body of the Crystal Lake Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/70-5
  • Board: means the governing and administrative body of the DuPage County Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/80-5
  • Board: means the governing and administrative body of the Elgin Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/85-5
  • Board: means the governing and administrative body of the Herrin Metropolitan Exposition, Auditorium and Office Building Authority. See Illinois Compiled Statutes 70 ILCS 200/95-5
  • Board: means the governing and administrative body of the Bloomington Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/20-5
  • Board: means the governing and administrative body of the Pekin Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/200-5
  • Board: means the governing and administrative body of the Peoria Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/205-5
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Circuit clerk: means clerk of the circuit court. See Illinois Compiled Statutes 5 ILCS 70/1.26
  • City: means the City of Peoria, Illinois. See Illinois Compiled Statutes 70 ILCS 200/205-5
  • City clerk: means the City Clerk of the City of Peoria, Illinois. See Illinois Compiled Statutes 70 ILCS 200/205-5
  • City council: means the City Council of the City of Peoria, Illinois. See Illinois Compiled Statutes 70 ILCS 200/205-5
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County board: means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. See Illinois Compiled Statutes 5 ILCS 70/1.07
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • decree: is synonymous with the word "judgment". See Illinois Compiled Statutes 5 ILCS 70/1.24
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the Department of Juvenile Justice. See Illinois Compiled Statutes 730 ILCS 5/3-2.5-10
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General Revenue Law of Illinois: or any equivalent expression, when used with reference to revenue, shall be deemed to refer to the Property Tax Code and all existing and future amendments thereto and modifications thereof, and all rules now or hereafter adopted pursuant thereto. See Illinois Compiled Statutes 5 ILCS 70/1.23
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governor: means the Governor of the State of Illinois. See Illinois Compiled Statutes 70 ILCS 200/255-5
  • Governor: means the Governor of the State of Illinois. See Illinois Compiled Statutes 70 ILCS 200/280-5
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Heretofore: means any time previous to the day on which the statute takes effect; and the word "hereafter" at any time after such day. See Illinois Compiled Statutes 5 ILCS 70/1.17
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Juror: A person who is on the jury.
  • Law clerk: Assist judges with research and drafting of opinions.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local governmental unit: means any unit of local government or school district. See Illinois Compiled Statutes 735 ILCS 5/20-101
  • may: as used in this Article means permissive and not mandatory. See Illinois Compiled Statutes 735 ILCS 5/15-1105
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the City of Pontiac. See Illinois Compiled Statutes 70 ILCS 200/210-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the County of Rock Island and not within the territory of any other civic center authority. See Illinois Compiled Statutes 70 ILCS 200/215-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the City of Quincy. See Illinois Compiled Statutes 70 ILCS 200/220-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the County of Randolph. See Illinois Compiled Statutes 70 ILCS 200/225-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the Township of River Forest. See Illinois Compiled Statutes 70 ILCS 200/230-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the Village of Riverside in Cook County, Illinois. See Illinois Compiled Statutes 70 ILCS 200/235-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the County of Winnebago. See Illinois Compiled Statutes 70 ILCS 200/240-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the City of Salem in Marion County. See Illinois Compiled Statutes 70 ILCS 200/245-5
  • Metropolitan area: means all that territory which lies within the corporate boundaries of the Village of Sheldon. See Illinois Compiled Statutes 70 ILCS 200/250-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the Townships of Springfield, Woodside and Capital in the County of Sangamon. See Illinois Compiled Statutes 70 ILCS 200/255-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the City of Sterling. See Illinois Compiled Statutes 70 ILCS 200/260-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the City of Waukegan. See Illinois Compiled Statutes 70 ILCS 200/270-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the City of West Frankfort. See Illinois Compiled Statutes 70 ILCS 200/275-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the County of Will. See Illinois Compiled Statutes 70 ILCS 200/280-5
  • Metropolitan area: means all that territory which lies within the corporate boundaries of the Township of Bowdre, in the County of Douglas. See Illinois Compiled Statutes 70 ILCS 200/30-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the Brownstown Park District in the County of Fayette. See Illinois Compiled Statutes 70 ILCS 200/35-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the City of Carbondale. See Illinois Compiled Statutes 70 ILCS 200/40-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the municipality of Crystal Lake in the County of McHenry. See Illinois Compiled Statutes 70 ILCS 200/70-5
  • Metropolitan area: means all that territory in the State of Illinois lying within DuPage County, except for those portions lying within municipalities which have a civic center authority within the corporate limits of such municipalities, and except for those portions within the metropolitan area of the Illinois-Michigan Canal National Heritage Corridor Civic Center Authority. See Illinois Compiled Statutes 70 ILCS 200/80-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the City of Elgin. See Illinois Compiled Statutes 70 ILCS 200/85-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the City of Herrin. See Illinois Compiled Statutes 70 ILCS 200/95-5
  • Metropolitan area: means all that territory in the State of Illinois lying within the corporate boundaries of the City of Bloomington. See Illinois Compiled Statutes 70 ILCS 200/20-5
  • Metropolitan area: means all that territory which is in the corporate boundaries of the City of Pekin. See Illinois Compiled Statutes 70 ILCS 200/200-5
  • Minority leader: See Floor Leaders
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Month: means a calendar month, and the word "year" a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord. See Illinois Compiled Statutes 5 ILCS 70/1.10
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipalities: has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. See Illinois Compiled Statutes 5 ILCS 70/1.27
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Net revenues: means the revenues of the Authority exclusive of taxes after deducting all costs of operation and maintenance and such reserves as may be deemed necessary or advisable by the Authority. See Illinois Compiled Statutes 70 ILCS 200/205-5
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • oath: shall be deemed to include an affirmation, and the word "sworn" shall be construed to include the word "affirmed. See Illinois Compiled Statutes 5 ILCS 70/1.12
  • Oath: A promise to tell the truth.
  • ordinary civil cases: or any equivalent expression, when used with reference to practice, procedure, or appeal, shall be deemed to refer to cases under the Civil Practice Law, and all existing and future amendments thereto and modifications thereof, and the Supreme Court Rules as now or hereafter adopted. See Illinois Compiled Statutes 5 ILCS 70/1.22
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes any firm, corporation, association, agency, institution or other legal entity, as well as any natural person. See Illinois Compiled Statutes 735 ILCS 5/20-101
  • Personal property: All property that is not real property.
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • police force: shall be construed to include such persons in the employ of a municipality as members of the department of police, who are or shall hereafter be appointed and sworn as policemen. See Illinois Compiled Statutes 5 ILCS 70/1.20
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Service of process: The service of writs or summonses to the appropriate party.
  • shall: as used in this Article means mandatory and not permissive. See Illinois Compiled Statutes 735 ILCS 5/15-1105
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • True bill: Another word for indictment.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Units of local government: has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. See Illinois Compiled Statutes 5 ILCS 70/1.28
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Wills: includes codicils. See Illinois Compiled Statutes 5 ILCS 70/1.13
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.