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Dictionary of Law |
friendly suit :: legal definitionFriendly suit - n. a lawsuit filed in order to obtain a court order when the parties to the suit agree on the expected outcome. Such a legal action will be dismissed if it is an attempt to get an advisory opinion, is collusive (deceitfully planned) to get a judgment to set a legal precedent or where there is no real controversy. However, such suits are allowed in situations in which the statutes require a court ruling to achieve a "reasonable result," such as reforming (correcting) a trust or agreement in which there was an error. Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity 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 brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite 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 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 first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. 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 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 judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate 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 liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence 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. 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. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar 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. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain 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 precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. 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 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 respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court service :: n. 1) paid work by another person, either by contr ... ersonal services service of process set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. 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 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. warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant 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 - Fface amount :: n. the original amount due on a promissory note or ... rein, without calculating interest.face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value." fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result. failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants. fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft family :: n. 1) husband, wife and children. 2) all blood rel ... ting this economic and social unit. family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple |