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Dictionary of Law |
pleading :: legal definitionPleading - n. 1) every legal document filed in a lawsuit, petition, motion and/or hearing, including complaint, petition, answer, demurrer, motion, declaration and memorandum of points and authorities (written argument citing precedents and statutes). Laypersons should be aware that, except possibly for petitions from prisoners, pleadings are required by state or federal statutes and/or court rules to be of a particular form and format: typed, signed, dated, with the name of the court, title and number of the case, name, address and telephone number of the attorney or person acting for himself/herself (in pro per) included. 2) the act of preparing and presenting legal documents and arguments. Good pleading is an art: clear, logical, well-organized and comprehensive. See also: answer complaint demurrer plea plead and Related Law Terms ↓ Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial." 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 amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer 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." 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 attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent 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 conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction 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 file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. 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. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward in haec verba :: (in hike verb-ah)prep. Latin for "in these words," ... ading. See also: complaint pleading in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate 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 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 move :: v. to make a motion in court applying for a court ... r judgment. See also: motion movant 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. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading 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 reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation 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 rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service of process :: n. the delivery of copies of legal documents such ... by publication substituted service shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. 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 summons :: n. a document issued by the court at the time a la ... use service service of process writ verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath will :: n. a written document which leaves the estate of t ... will and testament probate testator 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 - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |