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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.

  • 750 ILCS 5/602.5
  • 750 ILCS 5/602.7
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 430 ILCS 66/10
Where it applies →

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.

  • 820 ILCS 90/10
Where it applies →

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.

Where it applies →

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.

  • 625 ILCS 5/11-501
Where it applies →

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.

  • 720 ILCS 5/14-2
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 430 ILCS 65/2
Where it applies →

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.

Where it applies →

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.

Where it applies →

I

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.

Where it applies →

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.

  • 325 ILCS 5/4
Where it applies →

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.

Where it applies →

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.

  • 625 ILCS 5/11-907
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

  • 765 ILCS 721/5
Where it applies →

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.

  • 755 ILCS 5/25-1
Where it applies →

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.

  • 625 ILCS 5/6-208.1
Where it applies →

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.

Where it applies →

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.

Where it applies →

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.

Where it applies →

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.