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Dictionary of Law |
setoff :: legal definitionSetoff - (offset) n. a claim by a defendant in a lawsuit that the plaintiff (party filing the original suit) owes the defendant money which should be subtracted from the amount of damages claimed by plaintiff. By claiming a setoff the defendant does not necessarily deny the plaintiff's original demand, but he/she claims the right to prove the plaintiff owes him/her an amount of money from some other transaction and that the amount should be deducted from the plaintiff's claim. See also: affirmative defense offset and Related Law Terms ↓ Related Law Termsattachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachmentbail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count complaint :: n. the first document filed with the court (actual ... g prayer service of process summons counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff 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 proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages summons :: n. a document issued by the court at the time a la ... use service service of process writ unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens 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 - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant 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 second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |