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Dictionary of Law |
party of the first part :: legal definitionParty of the first part - n. reference in a written contract to identify one of the people entering into the agreement. The agreement would read "Mary McConnell (hereinafter called The Party of the First Part)." Better practice is to identify the parties by a short form of their name ("hereinafter referred to as McConnell") or as Buyer, Seller, Owner, Trustee or some other useful identification. Name use aids in following and understanding the contract and avoids confusion with "the party of the second part," which identifies another party to the agreement. Related Law Termsagent :: n. a person who is authorized to act for another ( ... issues. See also: agency authorityamend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility 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 condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing 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 jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission 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 novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer 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 third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause 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. |