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Dictionary of Law |
gravamen :: legal definitionGravamen - n. Latin for "to weigh down," the basic gist of every claim (cause of action) or charge in a complaint filed to begin a lawsuit. Example: in an accident case, the gravamen may be the negligence of the defendant, and in a contract case, it may be the breach of the defendant. See also: cause of action charge complaint and Related Law Terms ↓ Related Law Termsactionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecutionaffirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer 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 comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence 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. court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages 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 disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue 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 long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint process :: n. in law, the legal means by which a person is re ... service of process subpena summons 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." sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. 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 variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof 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 - Ggag 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 garnishee :: n. a person or entity, quite often a bank or emplo ... ourt. See also: garnish garnishment garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general counsel :: n. the chief attorney for a corporation, who is pa ... e counsel." See also: house counsel general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership general plan :: n. a plan of a city, county or area which establis ... uture development. See also: zoning generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax. gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax gift tax :: n. federal tax on large gifts. Gifts to members of ... ance in gift tax planning is vital. go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal. good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:." good faith :: n. honest intent to act without taking an unfair a ... plied to all kinds of transactions. Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. good title :: n. ownership of real property which is totally fre ... or deed of trust on the property). |