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Dictionary of Law |
justice :: legal definitionJustice - n. 1) fairness. 2) moral rightness. 3) a scheme or system of law in which every person receives his/ her/its due from the system, including all rights, both natural and legal. One problem is that attorneys, judges and legislatures often get caught up more in procedure than in achieving justice for all. Example: the adage "justice delayed is justice denied," applies to the burdensome procedures, lack of sufficient courts, the clogging of the system with meritless cases and the use of the courts to settle matters which could be resolved by negotiation. The imbalance between court privileges obtained by attorneys for the wealthy and for the person of modest means, the use of delay and "blizzards" of unnecessary paper by large law firms, and judges who fail to cut through the underbrush of procedure all erode justice. 4) an appellate judge, the Chief Justice and Associate Justices of the U.S. Supreme Court, a member of a Federal Court of Appeal and judges of any of the various state appellate courts. See also: court 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.ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment 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 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 approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court 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 of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. 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 bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. caption :: n. the first section of any written legal pleading ... to the exact format of the caption. 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. Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices. circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence 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 conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection corporation :: n. an organization formed with state governmental ... ation public corporation securities court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court of equity :: n. originally in English common law and in several ... also: chancery court of law equity court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery 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 double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. 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 error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand evidence :: n. every type of proof legally presented at trial ... material object objection relevant examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. 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 hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman 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 lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. 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 own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." 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. process :: n. in law, the legal means by which a person is re ... service of process subpena summons question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement 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 rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule 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 self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant will :: n. a written document which leaves the estate of t ... will and testament probate testator witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will 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 - JJ :: n. abbreviation for Judge, as in the Hon. William ... as in the Hon. William B. Boone, J.Jane Doe :: n. 1) a fictitious name used for a possible female ... lso: fictitious defendants John Doe jaywalking :: n. walking across a street outside of marked cross ... jury to the jaywalker by a vehicle. JD :: n. short for Juris Doctor, identifying the holder ... law degree. See also: Juris Doctor jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy jobber :: n. a merchant who buys products (usually in bulk o ... buys and acts for specific clients. John Doe :: n. 1) a fictitious name used for a possible male d ... lso: fictitious defendants Jane Doe joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint adventure :: n. when two or more people go together on a trip o ... e activity. See also: joint venture joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several joint powers agreement :: n. a contract between a city, a county and/or a sp ... istrict or other government entity. joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence joint venture :: n. an enterprise entered into by two or more peopl ... s terminated. See also: partnership Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law |