Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

respondent :: legal definition


Respondent - n. 1) the party who is required to answer a petition for a court order or writ requiring the respondent to take some action, halt an activity or obey a court's direction. In such matters the moving party (the one filing the petition) is usually called the "petitioner." Thus, the respondent is equivalent to a defendant in a lawsuit, but the potential result is a court order and not money damages. 2) on an appeal, the party who must respond to an appeal by the losing party in the trial court (called "appellant") in the appeals court.


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
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
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
corporation :: n. an organization formed with state governmental ... ation public corporation securities
cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
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
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court.
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:."
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
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.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
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
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
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
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
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
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
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.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
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 - R

race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
Racketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses.
racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia").
ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property.
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal
rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective.
ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract.
real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate
reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities.
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence