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Dictionary of Law |
a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young. a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod." ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio." abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support. abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot." absolute :: adj. complete, and without condition. ... j. complete, and without condition. abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court. abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien abstract of title :: n. the written report on a title search which show ... e also: chain of title title report abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. abut :: v. when two parcels of real property touch each ot ... of real property touch each other. acceleration :: n. 1) speeding up the time when there is vesting ( ... See also: acceleration clause vest acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption accept :: v. to receive something with approval and intentio ... ervice" (delivery) of legal papers. acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit accessory :: n. a second-string player who helps in the commiss ... responsible. See also: aid and abet accommodation :: n. 1) a favor done without compensation (pay or co ... ke a deal work. See also: guarantor accomplice :: n. someone who assists in the commission of a crim ... cipal criminal. See also: accessory accord and satisfaction :: n. an agreement to accept less than is legally due ... h" practicality. See also: novation accounts payable :: n. bills that are owed. See also: debt ... bills that are owed. See also: debt accounts receivable :: n. the amounts of money due or owed to a business ... sidering the chances of collection. accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach). accusation :: n. 1) in legal terms accusation means officially c ... im of wrongdoing by another person. accused :: n. a person charged with a crime. ... n. a person charged with a crime. acknowledge :: v. 1) generally to admit something, whether bad, g ... recording. See also: acknowledgment acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict acquittal :: n. what an accused criminal defendant receives if ... se) of not guilty. See also: acquit act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial." act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit actual notice :: n. having been informed directly of something or h ... official records). See also: notice ad hoc :: adj. Latin shorthand meaning "for this purpose onl ... pecially able to argue a key point. ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem ad seriatim :: adj. (add sear-ee-ah-tim) Latin for "one after ano ... after another". See also: seriatim ad valorem :: adj. Latin for "based on value," which applies to ... per parcel. See also: property tax addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently. adeem :: v. to revoke a gift made in a will by destroying, ... e of my death." See also: ademption ademption :: n. the act of adeeming, which is revoking (getting ... gift before death. See also: adeem adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract adjourn :: v. the final closing of a meeting, such as a conve ... ater time. See also: recess session adjudication :: n. the act of giving a judicial ruling such as a j ... adjudication. See also: bankruptcy adjusted basis :: n. in accounting, the original cost of an asset ad ... s taxes. See also: basis income tax adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. administer :: v. 1) to conduct the duties of a job or position. ... lso: administrator executor probate administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge." Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence adopt :: v. 1) to take on the relationship of parent to chi ... nt in a lawsuit. See also: adoption adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. advance :: n. a payment which is made before it is legally du ... uthor, or a note is due to be paid. advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death adverse :: adj. clearly contrary, such as an adverse party be ... the property, such as an easement. adverse interest :: n. a right or concern that is contrary to the inte ... o the interest or claim of another. adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit affiant :: n. a person who signs an affidavit and swears to i ... lerk. See also: affidavit declarant affidavit :: n. 1) any written document in which the signer swe ... an affidavit. See also: declaration affirm :: v. what an appeals court does if it agrees with an ... confirms a lower court's decision. affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws. affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense affix :: v. 1) to attach something to real estate in a perm ... al, as affix a signature or a seal. after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis age discrimination :: n. an employer's unfair treatment of a current or ... men. See also: wrongful termination age of consent :: n. See also: legal age majority ... n. See also: legal age majority agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation aggravated assault :: n. the crime of physically attacking another perso ... in state prison. See also: assault agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts. agreement :: 1) n. any meeting of the minds, even without legal ... specific terms. See also: contract aid and abet :: v. help commit a crime. A lawyer redundancy since ... be paid by the word. See also: abet aleatory :: adj. uncertain; usually applied to insurance contr ... ire damage to his insured building. alias :: n. 1) a name used other than the given name of a p ... or a maiden name). See also: a.k.a. alibi :: n. an excuse used by a person accused or suspected ... which has to be the ultimate alibi. alien :: 1) n. a person who is not a citizen of the country ... 3) v. to convey title to property. alienation :: n. the transfer of title to real property, volunta ... such as a mortgage. See also: alien alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states. alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support aliquot :: (al-ee-kwoh) adj. a definite fractional share, us ... trust assets. See also: share all the estate I own :: n. a phrase from a poorly drafted will which means ... he will was written. See also: will allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation alluvion :: n. an increase in one's land from soil deposited o ... , bay or ocean. See also: accretion alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). ambiguity :: n. when language has more than one meaning. If the ... most favorable to the other party. amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. American Depository Receipt :: n. called in the banking trade an ADR, it is a rec ... ding the foreign shares themselves. amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon amortization :: n. a periodic payment plan to pay a debt in which ... payment. See also: promissory note ancillary administration :: n. administration of an estate's assets in another ... or "subordinate." See also: probate ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction and :: conj. this little word is important in law, partic ... ds "or," but not if it reads "and." annuity :: n. 1) an annual sum paid from a policy or gift. 2) ... er regularly for years or for life. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse. anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appear :: v. for a party or an attorney to show up in court. ... w up in court. See also: appearance appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance appellant :: n. the party who appeals a trial court decision he ... e/she/it has lost. See also: appeal appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal appellee :: n. in some jurisdictions the name used for the par ... ndent." See also: appeal respondent appraise :: v. to professionally evaluate the value of propert ... surance claims. See also: appraiser appraiser :: n. a professional who makes appraisals of the valu ... isal Institute). See also: appraise appreciate :: v. to increase in value over a period of time thro ... securities. See also: appreciation appreciation :: n. the increase in value through the natural cours ... or additions. See also: appreciate approach :: v. short for "approach the bench," as in "may I ap ... oach?" See also: approach the bench approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. approach the witness :: v. a request by an attorney to the judge for permi ... t, and it is almost always granted. appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property arbiter :: n. in some jurisdictions the name for a referee ap ... efore it is binding on the parties. arbitrary :: adj. not supported by fair or substantial cause or ... d in reference to a judge's ruling. arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. argumentative :: adj. the characterization of a question asked by t ... oody glove just walked over there?" arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract arraign :: v. to bring a criminal defendant before the court, ... d. See also: appearance arraignment arraignment :: n. the hearing in which a person charged with a cr ... re taken care of. See also: arraign arrears :: n. money not paid when due, usually the sum of a s ... imes these are called "arrearages." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant arson :: n. the felony crime of intentionally burning a hou ... ath resulting from arson is murder. article :: n. a paragraph or section of any writing such as e ... or different sections of a statute. articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation as is :: adj. description of a condition in a sales contrac ... es to cancel the "as is" provision. assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress. assault and battery :: n. the combination of the two crimes of threat (as ... damages. See also: assault battery assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property. asset :: n. generally any item of property that has monetar ... ill and rights to market a product. assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. assigned risk :: n. a person whose official driving record (acciden ... ed insurance program at high rates. assignee :: n. a person to whom property is transferred by sal ... rly real property. See also: assign assignment :: n. the act of transferring an interest in property ... ing with property. See also: assign assignment for benefit of creditors :: n. a method used for a debtor to work out a paymen ... ar basis to pay the debtor's bills. Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court association :: n. any group of people who have joined together fo ... ed, although technically redundant. assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption assumption :: n. the act of taking over a debt as part of paymen ... secures that debt. See also: assume assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable. assured :: n. the person or entity that is insured, often fou ... ance contracts. See also: insurance at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination attached :: adj. 1) referring to two buildings which are conne ... o: attachment fixture trade fixture attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. attest :: v. 1) to confirm (usually in writing) that a docum ... also: holographic will will witness attestation :: n. the act of witnessing a signature for the purpo ... or her signature. See also: attest attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity attorney at law (or attorney-at-law) :: n. (or attorney-at-law) a slightly fancier way of ... r way of saying attorney or lawyer. Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney attorney's advertising :: n. the commercials which appear on television or c ... es to handle high volume practices. attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove. audit :: n. an examination by a trained accountant of the f ... rmation provided. See also: auditor auditor :: n. an accountant who conducts an audit to verify t ... ing any accountant. See also: audit authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent authority :: n. permission, a right coupled with the power to d ... rize ostensible authority principal authorize :: v. to officially empower someone to act. See also: ... someone to act. See also: authority avulsion :: n. the change in the border of two properties due ... urg on the other side of the river. award :: 1) n. the decision of an arbitrator or commissione ... warded $27,000." See also: judgment |