Dictionary of Law
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strike :: legal definition


Strike - 1) v. to remove a statement from the record of the court proceedings by order of the judge due to impropriety of a question, answer or comment to which there has been an objection. Often after a judge has stricken some comment or testimony (an answer made before an objection has stopped the witness), he/she admonishes (warns) the jury not to consider the stricken language, but the jury has a hard time forgetting since "a bell once rung cannot be unrung." 2) v. to order that language in a pleading (a complaint or an answer, for example) shall be removed or no longer be of any effect, usually after a motion by the opposing party and argument, on the basis that the language (which may be an entire cause of action) is not proper pleading, does not state a cause of action (a valid claim under the law) or is not in proper form. 3) n. the organized refusal of workers to remain on the job, usually accompanied by demands for a union contract, higher wages, better conditions or other employee desires, and possibly including a picket line to give voice to workers' demands and discourage or intimidate other workers and customers from entering the business, factory or store.


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places.
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
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
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
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
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
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
jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
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
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
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.
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal
request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding.
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case.
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
summons :: n. a document issued by the court at the time a la ... use service service of process writ
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
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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 - S

said :: 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