Dictionary of Law
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living will :: legal definition


Living will - n. also called "a durable power of attorney," it is a document authorized by statutes in all states in which a person appoints someone as his/her proxy or representative to make decisions on maintaining extraordinary life-support if the person becomes too ill, is in a coma or is certain to die. In most states the basic language has been developed by medical associations or other experts and may provide various choices as to when such maintenance of life can be terminated. The decision must be made in consultation with the patient's doctor. The living will permits a terminal patient to die in dignity and protects the physician or hospital from liability for withdrawing or limiting life support.

See also: power of attorney and Related Law Terms ↓


Related Law Terms

abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure.
DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission.
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
insured :: n. 1) the person or entity who will be compensated ... s go to others. See also: insurance
inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed."
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes.
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
sign :: v. 1) to write one's signature on a document, incl ... language. See also: mark subscribe
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal 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 - L

labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord
landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out).
landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant
landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant
landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale.
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft
last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors.
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will
latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty
lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic.
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard.
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law
law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case."