WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Illinois law uses, what it actually means, and the misreading it usually collects.
34 terms
A
Allocation of parental responsibilities
How a court divides decision making about a child's education, health, religion and activities, and parenting time, according to the child's best interests.
Also called custody, parenting time, decision making
How a court divides decision making about a child's education, health, religion and activities, and parenting time, according to the child's best interests.
What it is not
Illinois law speaks of parental responsibilities rather than custody, and nothing requires that each parent be given decision making.
C
Chokehold
Applying any direct pressure to the throat, windpipe or airway of another. An officer may not use one unless deadly force is justified.
Also called neck restraint
Applying any direct pressure to the throat, windpipe or airway of another. An officer may not use one unless deadly force is justified.
What it is not
A headlock where the only pressure is to the head is not a chokehold under the statute.
Class A misdemeanor
The most serious misdemeanor class, with a jail term of less than one year and a fine of up to $2,500.
Also called a misdemeanor
The most serious misdemeanor class, with a jail term of less than one year and a fine of up to $2,500.
Class X felony
The highest of the five felony classes, with a prison term of not less than 6 years and not more than 30 years.
Also called class x
The highest of the five felony classes, with a prison term of not less than 6 years and not more than 30 years.
What it is not
Probation and conditional discharge are not available for it.
Concealed carry license
The license the Illinois State Police issue to carry a loaded or unloaded concealed firearm on or about the person and in a vehicle, valid for 5 years.
Also called CCL, carry permit
The license the Illinois State Police issue to carry a loaded or unloaded concealed firearm on or about the person and in a vehicle, valid for 5 years.
Covenant not to compete
An agreement not to work for a competitor, which is void unless the employee's earnings exceed $75,000 a year.
Also called noncompete
An agreement not to work for a competitor, which is void unless the employee's earnings exceed $75,000 a year.
Custodial interrogation
Questioning in which a reasonable person would consider themselves in custody, and a question is asked that is reasonably likely to bring out an incriminating answer.
Also called questioning in custody
Questioning in which a reasonable person would consider themselves in custody, and a question is asked that is reasonably likely to bring out an incriminating answer.
What it is not
Being at a station is not the test by itself; what matters is whether a reasonable person would think they were in custody.
D
DUI
Driving or being in actual physical control of a vehicle with an alcohol concentration of 0.08 or more, or while under the influence of alcohol, drugs or intoxicating compounds.
Also called driving under the influence, drunk driving, driving high
Driving or being in actual physical control of a vehicle with an alcohol concentration of 0.08 or more, or while under the influence of alcohol, drugs or intoxicating compounds.
What it is not
A reading under 0.08 is not a pass: being under the influence of alcohol is a separate way to commit the offense.
E
Eavesdropping
Recording or overhearing a private conversation in a surreptitious manner without the consent of all of the parties, including one the person recording is part of.
Also called secret recording, two party consent
Recording or overhearing a private conversation in a surreptitious manner without the consent of all of the parties, including one the person recording is part of.
What it is not
Recording an officer performing their duties in a public place is not eavesdropping.
Expungement
A court order to erase the records of an arrest or charge that ended without a conviction, or in supervision or qualified probation successfully completed.
Also called clearing a record
A court order to erase the records of an arrest or charge that ended without a conviction, or in supervision or qualified probation successfully completed.
What it is not
It is not the same as sealing. Sealing reaches more records, including many convictions, and keeps them from public view rather than erasing them.
F
Final compensation
What a separated employee is owed, including the money equivalent of all earned vacation, paid at separation if possible and no later than the next regularly scheduled payday.
Also called last paycheck
What a separated employee is owed, including the money equivalent of all earned vacation, paid at separation if possible and no later than the next regularly scheduled payday.
What it is not
A policy cannot make earned vacation disappear at separation.
Five day notice
A landlord's written demand for unpaid rent giving not less than 5 days to pay, after which the landlord may treat the lease as ended and file for eviction.
Also called notice to pay rent, demand for rent
A landlord's written demand for unpaid rent giving not less than 5 days to pay, after which the landlord may treat the lease as ended and file for eviction.
What it is not
A partial payment does not cancel it unless the landlord agrees in writing, where the notice carries the full payment warning.
FOID card
The card issued by the Illinois State Police that a person must have to acquire or possess a firearm, firearm ammunition, a stun gun or a taser in Illinois.
Also called Firearm Owner's Identification Card
The card issued by the Illinois State Police that a person must have to acquire or possess a firearm, firearm ammunition, a stun gun or a taser in Illinois.
What it is not
It is not a license to carry. Carrying a concealed handgun needs a separate concealed carry license.
G
Graduated license
The license an applicant under 18 receives after holding a permit for at least 9 months and logging at least 50 hours of practice, with passenger limits for the first 12 months.
Also called teen license, GDL
The license an applicant under 18 receives after holding a permit for at least 9 months and logging at least 50 hours of practice, with passenger limits for the first 12 months.
H
Homestead exemption
The part of a home's value, up to $50,000 of the owner's interest, that is exempt from a judgment creditor.
Also called homestead
The part of a home's value, up to $50,000 of the owner's interest, that is exempt from a judgment creditor.
I
Implied consent
Anyone who drives on Illinois public highways is deemed to have consented to a chemical test of blood, breath, other bodily substance or urine if arrested for driving under the influence.
Also called refusing the breath test, chemical test consent
Anyone who drives on Illinois public highways is deemed to have consented to a chemical test of blood, breath, other bodily substance or urine if arrested for driving under the influence.
What it is not
Refusing is not a way out of consequences: the officer warns that a refusal results in a statutory summary suspension.
Itemized statement
The list of damage a landlord sends within 30 days to keep any part of a security deposit, with the cost of each repair and the paid receipts or copies.
Also called deposit deductions list
The list of damage a landlord sends within 30 days to keep any part of a security deposit, with the cost of each repair and the paid receipts or copies.
What it is not
Without it a landlord may not keep any part of the deposit for damage, and the whole deposit is due within 45 days.
M
Mandated reporter
A person the Act requires to report immediately to the Department of Children and Family Services on reasonable cause to believe a child known to them professionally may be abused or neglected.
A person the Act requires to report immediately to the Department of Children and Family Services on reasonable cause to believe a child known to them professionally may be abused or neglected.
Mitigate
A landlord's duty to take reasonable measures to limit the damages it can recover from a tenant who defaults, such as by leaving early.
Also called duty to re-rent
A landlord's duty to take reasonable measures to limit the damages it can recover from a tenant who defaults, such as by leaving early.
Move over
A driver approaching a stationary emergency vehicle with its lights flashing changes into a lane not next to it where that is safe, or otherwise slows to a safe speed, and failing to is a business offense with a fine of up to $10,000.
Also called Scott's Law, approaching a stopped emergency vehicle
A driver approaching a stationary emergency vehicle with its lights flashing changes into a lane not next to it where that is safe, or otherwise slows to a safe speed, and failing to is a business offense with a fine of up to $10,000.
N
No-knock warrant
A search warrant a court authorizes to be executed without first knocking and announcing, on specific facts that notice would bring a weapon into use or the destruction of evidence.
Also called entry without knocking
A search warrant a court authorizes to be executed without first knocking and announcing, on specific facts that notice would bring a weapon into use or the destruction of evidence.
O
Order of protection
A court order against abuse, which lasts 14 to 21 days as an emergency order, up to 30 days as an interim order, and up to two years as a plenary order.
Also called restraining order, protective order
A court order against abuse, which lasts 14 to 21 days as an emergency order, up to 30 days as an interim order, and up to two years as a plenary order.
P
Per stirpes
The way descendants inherit without a will: a descendant who died first is represented by their own descendants, who share that person's portion.
Also called by representation
The way descendants inherit without a will: a descendant who died first is represented by their own descendants, who share that person's portion.
Possession limit
How much cannabis a person 21 or older may hold: for a resident, 60 grams of flower, 10 grams of concentrate and 1000 milligrams of THC in infused products, counted together.
Also called how much cannabis is legal
How much cannabis a person 21 or older may hold: for a resident, 60 grams of flower, 10 grams of concentrate and 1000 milligrams of THC in infused products, counted together.
What it is not
The forms are cumulative, so holding the most of each kind at once is over the limit.
Pretrial release
Release before trial, which every person charged is eligible for. Cash bail was abolished on January 1, 2023, and release on personal recognizance is presumed.
Also called bail, bond, getting out before trial
Release before trial, which every person charged is eligible for. Cash bail was abolished on January 1, 2023, and release on personal recognizance is presumed.
What it is not
There is no amount of money to post. Release may be denied only after a hearing on the State's verified petition, for the offenses the statute lists.
Private conversation
An oral communication between 2 or more persons when one or more of them intended it to be private under circumstances reasonably justifying that expectation.
An oral communication between 2 or more persons when one or more of them intended it to be private under circumstances reasonably justifying that expectation.
R
Reckless driving
Driving any vehicle with a willful or wanton disregard for the safety of persons or property, or knowingly using an incline to make it airborne.
Driving any vehicle with a willful or wanton disregard for the safety of persons or property, or knowingly using an incline to make it airborne.
What it is not
It is a criminal offense, a Class A misdemeanor, not an ordinary ticket.
Repair and deduct
A tenant's right, after 14 days' written notice, to have a required repair made and deduct the paid bill from rent, where it costs no more than the lesser of $500 or half a month's rent.
Also called fixing it and taking it off the rent
A tenant's right, after 14 days' written notice, to have a required repair made and deduct the paid bill from rent, where it costs no more than the lesser of $500 or half a month's rent.
What it is not
It is not a right to withhold rent: the deduction follows a paid bill from someone unrelated to the tenant.
Retaliation
A landlord knowingly ending a tenancy, raising rent, cutting services, or suing for possession because the tenant in good faith complained or exercised a right.
Also called retaliatory eviction
A landlord knowingly ending a tenancy, raising rent, cutting services, or suing for possession because the tenant in good faith complained or exercised a right.
S
Small estate affidavit
A sworn statement that transfers a decedent's personal property without probate, where the personal estate is worth not more than $150,000 apart from registered vehicles.
A sworn statement that transfers a decedent's personal property without probate, where the personal estate is worth not more than $150,000 apart from registered vehicles.
Statutory summary suspension
The suspension of the privilege to drive that follows a refused or failed chemical test, separate from any DUI conviction, lasting six months after a failed test for a first offender.
Also called summary suspension, SSS
The suspension of the privilege to drive that follows a refused or failed chemical test, separate from any DUI conviction, lasting six months after a failed test for a first offender.
What it is not
It is not the sentence for a DUI conviction. It follows the refused or failed test itself, and lasts its period unless it is rescinded.
Stop receipt
The receipt an officer gives after a stop that involved a frisk or search, with the reason for the stop and the officer's name and badge number, unless that is impractical or there is an emergency.
Also called stop and frisk receipt
The receipt an officer gives after a stop that involved a frisk or search, with the reason for the stop and the officer's name and badge number, unless that is impractical or there is an emergency.
W
Wage deduction order
The order through which a creditor collects from wages, limited each week to the lesser of 15% of gross pay or what exceeds 45 times the minimum hourly wage.
Also called garnishment
The order through which a creditor collects from wages, limited each week to the lesser of 15% of gross pay or what exceeds 45 times the minimum hourly wage.
Z
Zero tolerance
A driver under 21 who refuses a test, or whose test shows any alcohol concentration above 0.00, has the privilege to drive suspended.
Also called under 21 drinking and driving
A driver under 21 who refuses a test, or whose test shows any alcohol concentration above 0.00, has the privilege to drive suspended.
What it is not
It does not need a DUI: any amount above 0.00 is enough for the suspension.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Illinois attorney answers and a glossary cannot. Current as of October 2026.