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Dictionary of Law |
service of process :: legal definitionService of process - n. the delivery of copies of legal documents such as summons, complaint, subpena, order to show cause (order to appear and argue against a proposed order), writs, notice to quit the premises and certain other documents, usually by personal delivery to the defendant or other person to whom the documents are directed. So-called "substituted service" can be accomplished by leaving the documents with an adult resident of a home, with an employee with management duties at a business office or with a designated "agent for acceptance of service" (often with name and address filed with the state's Secretary of State), or, in some cases, by posting in a prominent place followed by mailing copies by certified mail to the opposing party. In certain cases of absent or unknown defendants, the court will allow service by publication in a newspaper. Once all parties have filed a complaint, answer or any pleading in a lawsuit, further documents usually can be served by mail or even FAX. See also: personal service service service by FAX service by mail service by publication substituted service and Related Law Terms ↓ Related Law Termsabduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnappingacceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service 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. actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution 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. administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support 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." arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy 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 caption :: n. the first section of any written legal pleading ... to the exact format of the caption. case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 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 civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. 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 confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact. conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. 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 contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark 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 counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint 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 creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. 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 descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation 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 excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander 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. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public 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 larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono 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 living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder 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. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. 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 pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure 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 promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence property :: n. anything that is owned by a person or entity. P ... rty real property separate property prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule 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 service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll 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 substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in summons :: n. a document issued by the court at the time a la ... use service service of process writ supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer title :: n. 1) ownership of real property or personal prope ... ink slip real property title search toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction 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 - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |