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Dictionary of Law |
declaratory judgment :: legal definitionDeclaratory judgment - n. a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. While this borders on the prohibited "advisory opinion," it is allowed to nip controversies in the bud. Examples: a party to a contract may seek the legal interpretation of a contract to determine the parties' rights, or a corporation may ask a court to decide whether a new tax is truly applicable to that business before it pays it. See also: declaratory relief and Related Law Terms ↓ Related Law Termsabstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lienaccrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach). amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract 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 arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract 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 declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud 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 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 implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ 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 joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage 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 libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission modification :: n. a change in an existing court order or judgment ... terms of child support and custody. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement 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 party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant 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 remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract 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 statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness 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 third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. 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 - DD.A. :: n. slang for District Attorney. ... n. slang for District Attorney.d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol. D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children). damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes. death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds. |