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Dictionary of Law |
law :: legal definitionLaw - n. 1) any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience. Custom or conduct governed by the force of the local king were replaced by laws almost as soon as man learned to write. The earliest lawbook was written about 2100 B.C. for Ur-Nammu, king of Ur, a Middle Eastern city-state. Within three centuries Hammurabi, king of Babylonia, had enumerated laws of private conduct, business and legal precedents, of which 282 articles have survived. The term "eye for an eye" (or the equivalent value) is found there, as is drowning as punishment for adultery by a wife (while a husband could have slave concubines), and unequal treatment of the rich and the poor was codified here first. It took another thousand years before written law codes developed among the Greek city-states (particularly Athens) and Israel. China developed similar rules of conduct, as did Egypt. The first law system which has a direct influence on the American legal system was the codification of all classic law ordered by the Roman Emperor Justinian in 528 and completed by 534, becoming the law of the Roman empire. This is known as the Justinian Code, upon which most of the legal systems of most European nations are based to this day. The principal source of American law is the common law, which had its roots about the same time as Justinian, among Angles, Britons and later Saxons in Britain. William the Conqueror arrived in 1066 and combined the best of this Anglo-Saxon law with Norman law, which resulted in the English common law, much of which was by custom and precedent rather than by written code. The American colonies followed the English Common Law with minor variations, and the four-volume Commentaries on the Laws of England by Sir William Blackstone (completed in 1769) was the legal "bible" for all American frontier lawyers and influenced the development of state codes of law. To a great extent common law has been replaced by written statutes, and a gigantic body of such statutes have been enacted by federal and state legislatures supposedly in response to the greater complexity of modern life. 2) n. a statute, ordinance or regulation enacted by the legislative branch of a government and signed into law, or in some nations created by decree without any democratic process. This is distinguished from "natural law," which is not based on statute, but on alleged common understanding of what is right and proper (often based on moral and religious precepts as well as common understanding of fairness and justice). 3) n. a generic term for any body of regulations for conduct, including specialized rules (military law), moral conduct under various religions and for organizations, usually called "bylaws." See also: bylaws code common law malum in se malum prohibitum maritime law natural law statute and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade 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 General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. 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 citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities. civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. commercial law :: n. all the law which applies to the rights, relati ... . See also: Uniform Commercial Code common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. 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 condone :: v. 1) to forgive, support, and/or overlook moral o ... ition that the sin is not repeated. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. corporation :: n. an organization formed with state governmental ... ation public corporation securities 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-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted. exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay home rule :: n. the power of a local city or county to set up i ... state funds for local improvements. in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce 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 jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor 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 mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again. partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner 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 petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. positive law :: n. statutory man-made law, as compared to "natural ... 651). See also: natural law statute power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property :: n. anything that is owned by a person or entity. P ... rty real property separate property prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separate property :: n. in community property states (California, Texas ... pouse. See also: community property sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll 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 supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate. testamentary capacity :: n. having the mental competency to execute a will ... lso: competent undue influence will 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. 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 - Llabor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). land :: n. real property, real estate (and all that grows ... See also: real estate real property landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out). landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard. law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." |