Glossary

A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which otherwise requires to be cancelled. A cancelled test is neither a positive nor a negative test.

The Latin meaning is, That You Take. This is the name for several types of writs, which require that a law enforcement official take a named defendant into custody.

Case or crime for which the death penalty may be imposed.

Punishment by death for capital crime.

Sexual. Sensual. Carnal knowledge is sexual intercourse.

An action, cause, suit or controversy, at law, or in equity.

Case sent to a collection agency to collect on past due fines, fees or court costs.

A claim in law and fact sufficient to form the basis of a valid lawsuit, as a breach of contract; the composite of facts that gives rise to a right of action. Right of action is the legal right to sue.

See: Controlled Substance.

The procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (CCF).

Offense transferred to the court in the appropriate geographical area.

In criminal law, a charge is an allegation that an individual has committed a specific offense.

The amount of money the court requires one spouse to pay to the other who has custody of the children born of marriage, may be imposed by the court with or without an award of alimony.

An order issued by a law enforcement officer requiring appearance in court to answer a charge. Bail is not accepted in lieu of appearance.

Courts that try persons accused of violating municipal ordinances. City courts may have jurisdiction over minor civil or criminal cases, or both.

A branch of law that pertains to suits other than criminal practice and is concerned with the rights and duties of persons.

Failure to do something ordered by the court for the benefit of another party to the proceedings.

An action to protect a private right or to compel a civil remedy in a dispute between private parties, as distinguished from a criminal prosecution.

A violent public disturbance by three or more people, which causes danger, damage or injury to property or persons.

One of a group of two or more people charged in the same crime.

The use of physical force or threats to compel someone to commit an act against his or her will.

1. In a civil action, the first pleading of the plaintiff setting out the facts on which the claim is based. 2. In criminal law, the preliminary charge or accusation made by one person against the other.

The receipt by an individual of consideration in exchange for an agreement nor to prosecute or inform on someone who they know has committed a crime.

Two or more terms of a sentence served simultaneously.

A conviction. Court issues the discharge from the jail and requires defendant to comply with some conditions. Regardless whether defendant complies with rules or not, he/she is still convicted (Guilty) and case can never be expunged.

The release from a correctional facility before full sentence has been served which is conditioned on specific behavior. If conditions are not met the individual may be returned to the facility.

Multiple sentences, served one after the other.

The coming together of two or more people for the purpose of committing an unlawful act or to commit an unlawful act by unlawful means.

The person who is the subject of the background report; the person who is seeking employment, retention, or promotion by an employer.

Created under The Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, it is unknown at this time what role the CFPB will play in the regulation of Consumer Reporting Agencies that conduct background investigations.

Under the FCRA, one of two official names for a background report. The other name is “investigative consumer report.” Most often the distinction between a “consumer report” and an “investigative consumer report” is that a “consumer report” contains only factual information while an “investigative consumer report” contains some opinions. Example: “Was s/he employed by your company?” This calls for a factual response. “How did s/he perform on the job?” This calls for an opinion.

Another name for a background screening company.

An act or omission tending to interfere with orderly administration of justice, or to impair the dignity of the court or respect for its authority.

The adjournment or postponement, to a specified subsequent date, of an action pending in court.

A promise; a transaction involving two or more individuals whereby each has reciprocal rights to demand performance of what is promised.

Drug whose general availability is restricted, regulated or outlawed because of its potential for abuse or addiction. Controlled substances include narcotics, stimulants, depressants, hallucinogens, and cannabis (marijuana).

The unauthorized taking of another's property.

Guilty verdict in a criminal trial.

An association of shareholders (or a single shareholder) created under law as an artificial person, having a legal entity separate from the individuals who compose it, with the capacity of continuous existence or succession, and the capacity of taking, holding, and conveying property, and the capacity of suing and being sued, and exercising like a natural person other powers that are conferred on it by law. A corporation is normally limited to its assets; the shareholders are thus protected against

An offense named in a cause of action. A cause of action may contain multiple counts or charges, each relating to the others but identifying a separate offense.

Forged; fabricated without right; made of imitation of something else to defraud by passing the false copy for genuine.

Court that has authority to adjudicate cases of a certain kind or up to a limited amount, usually lesser offenses (opposite of Court of General Jurisdiction).

The court where the permanent record of all proceedings is held.

Use, or attempted use of a credit card to purchase goods or services with the intent to avoid payment of such.

Deviate sexual intercourse.

Acts disrespectful of the court or its process that obstruct administration of justice.

A crime against property; the willful damaging of the property of another. Such offenses may include throwing rocks through windows, spray painting graffiti, slashing car tires or other acts of vandalism.

Failure to pay child support in violation of court order.

Blame, or responsibility for a crime. This may be in degrees or purposeful, knowingly, recklessly or by negligence.

A sentence that takes effect after a prior sentence is completed for crimes tried under the same cause of action.