Terms Used In Florida Statutes > Chapter 794 - Sexual Battery

• Allegation: something that someone says happened.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Audit: means a systematic review of financial and all other documents to ensure compliance with…. See Florida Statutes 744.102
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Clerk: means the clerk or deputy clerk of the court. See Florida Statutes 744.102
• Community property: means the property and the appreciation of and income from the property owned by a qualified trustee of a community property trust during the marriage of the settlor spouses. See Florida Statutes 736.1502
• Community property trust: means an express trust that complies with…. See Florida Statutes 736.1502
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consent: means intelligent, knowing, and voluntary consent and does not include coerced submission. See Florida Statutes 794.011
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the circuit court. See Florida Statutes 744.102
• Court monitor: means a person appointed by the court under…. See Florida Statutes 744.102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• During marriage: means a period that begins at marriage and ends upon the dissolution of marriage or upon the death of a spouse. See Florida Statutes 736.1502
• Estate: means the property of a ward subject to administration. See Florida Statutes 744.102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• 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.
• Guardian: means a person who has been appointed by the court to act on behalf of a ward's person or property, or both. See Florida Statutes 744.102
• Guardian ad litem: means a person who is appointed by the court having jurisdiction of the guardianship or a court in which a particular legal matter is pending to represent a ward in that proceeding. See Florida Statutes 744.102
• Guardian advocate: means a person appointed by a written order of the court to represent a person with developmental disabilities under…. See Florida Statutes 744.102
• Incapacitated person: means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person. See Florida Statutes 744.102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Limited guardian: means a guardian who has been appointed by the court to exercise the legal rights and powers specifically designated by court order entered after the court has found that the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property, or after the person has voluntarily petitioned for appointment of a limited guardian. See Florida Statutes 744.102
• Mentally defective: means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct. See Florida Statutes 794.011
• minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
• Minor: means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise. See Florida Statutes 744.102
• 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.
• Offender: means a person accused of a sexual offense in violation of a provision of this chapter. See Florida Statutes 794.011
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
• Personal property: All property that is not real property.
• Physically helpless: means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. See Florida Statutes 794.011
• Physically incapacitated: means bodily impaired or handicapped and substantially limited in ability to resist or flee. See Florida Statutes 794.011
• Plenary guardian: means a person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his or her person or property. See Florida Statutes 744.102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional guardian: means any guardian who has at any time rendered services to three or more wards as their guardian. See Florida Statutes 744.102
• Property: means both real and personal property or any interest in it and anything that may be the subject of ownership. See Florida Statutes 744.102
• Serious personal injury: means great bodily harm or pain, permanent disability, or permanent disfigurement. See Florida Statutes 794.011
• Settlor spouses: means a married couple who establishes a community property trust pursuant to this part. See Florida Statutes 736.1502
• Sexual battery: means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. See Florida Statutes 794.011
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Totally incapacitated: means incapable of exercising any of the rights enumerated in…. See Florida Statutes 744.102
• 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.
• Venue: The geographical location in which a case is tried.
• Victim: means a person who has been the object of a sexual offense. See Florida Statutes 794.011
• Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
• writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01