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Dictionary of Law |
first impression :: legal definitionFirst impression - adj. referring to a legal issue which has never been decided by an appeals court and, therefore, there is no precedent for the court to follow. To reach a decision the court must use its own logic, analogies from prior rulings by appeals courts and refer to commentaries and articles by legal scholars. In such cases the trial judge usually asks for legal briefs by attorneys for both sides to assist him/her. Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite complaint :: n. the first document filed with the court (actual ... g prayer service of process summons court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. process :: n. in law, the legal means by which a person is re ... service of process subpena summons proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Fface amount :: n. the original amount due on a promissory note or ... rein, without calculating interest.face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value." fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result. failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants. fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft family :: n. 1) husband, wife and children. 2) all blood rel ... ting this economic and social unit. family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple |