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Dictionary of Law |
on the merits :: legal definitionOn the merits - adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers technical and procedural defenses as either inconsequential or overcome. Example: An attorney is two days late in filing a set of legal points and authorities in opposition to a motion to dismiss. Rather than dismiss the case based on this technical procedural deficiency, the judge considers the case "on the merits" as if this mistake had not occurred. Related Law Termsadoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adoptappeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. 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 law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict 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 - OO.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizanceO.S.C. :: n. short for order to show cause. See also: order ... ause. See also: order to show cause oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum 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 obligation :: n. a legal duty to pay or do something. ... legal duty to pay or do something. obligee :: (ah-bluh-jee) n. the person or entity to whom an o ... ne to be paid on a promissory note. obligor :: (ah-bluh-gore) n. the person or entity who owes an ... who must pay on a promissory note. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant |