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Dictionary of Law |
statute of limitations :: legal definitionStatute of limitations - n. a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim. The periods vary by state. Federal statutes set the limitations for suits filed in federal courts. If the lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is forever dead (barred). The types of cases and statute of limitations periods are broken down among: personal injury from negligence or intentional wrongdoing, property damage from negligence or intentional wrongdoing, breach of an oral contract, breach of a written contract, professional malpractice, libel, slander, fraud, trespass, a claim against a governmental entity (usually a short time), and some other variations. In some instances a statute of limitations can be extended ("tolled") based on delay in discovery of the injury or on reasonable reliance on a trusted person (a fiduciary or confidential adviser who has hidden his/her own misuse of someone else's funds or failure to pay). A minor's right to bring an action for injuries due to negligence is tolled until the minor turns 18 (except for a claim against a governmental agency). There are also statutes of limitations on bringing criminal charges, but homicide generally has no time limitation on prosecution. The limitations (depending on the state) generally range from 1 to 6 years except for in Rhode Island, which uses 10 years for several causes of action. Louisiana has the strictest limitations, cutting off lawsuit rights at one year for almost all types of cases except contracts. California also has short periods, usually one year, with two years for most property damage and oral contracts and four years for written contracts. There are also statutes of limitations on the right to enforce a judgment, ranging from five to 25 years, depending on the state. Some states have special requirements before a lawsuit can be filed, such as a written warning to a physician in a claim of malpractice, making a demand upon a state agency and then waiting for the claim to be denied or ignored for a particular period, first demanding a retraction before filing a libel suit, and other variations. Vermont protects its ski resorts by allowing only one year for filing a lawsuit for injuries suffered in a skiing accident as an exception to that state's three-year statute of limitations for other personal injuries. See also: demurrer laches toll and Related Law Terms ↓ Related Law Termsabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonmentabandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach). acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit 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 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 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. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority 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 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 articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property. assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment 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 attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove. bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith 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 bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry. Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. booby trap :: n. a device set up to be triggered to harm or kill ... protect one's property is a crime. breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange caption :: n. the first section of any written legal pleading ... to the exact format of the caption. care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust chattel :: n. an item of personal property which is movable, ... ments). See also: personal property chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 child :: n. 1) a person's natural offspring. 2) a person 14 ... almost all states. See also: minor child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support 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 civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. 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 claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. community property :: n. property and profits received by a husband and ... and distribution separate property comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will complaint :: n. the first document filed with the court (actual ... g prayer service of process summons concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling. condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition 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 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 contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners. contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence 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 cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done. 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 counterpart :: n. in the law of contracts, a written paper which ... rent localities. See also: contract 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 covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence 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. 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 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 deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available. descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. 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. duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care easement :: n. the right to use the real property of another f ... rstandings at the time of creation. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages 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 execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution express contract :: n. a contract in which all elements are specifical ... e circumstances. See also: contract extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence 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 firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment 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 heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander 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 installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several 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 judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent labor 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 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 clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution 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 license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations limited jurisdiction :: n. courts' authority over certain types of cases s ... value. See also: court jurisdiction limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander 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 Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering 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 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 motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion 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 necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party 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 nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning 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 notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract pain 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 partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items. 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 party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty 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 pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract 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 product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel 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 proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party property :: n. anything that is owned by a person or entity. P ... rty real property separate property property damage :: n. injury to real or personal property through ano ... l value. See also: damages property prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence 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 qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict 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. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract reasonable time :: n. in contracts, common custom in the business or ... a contract using such a vague term. record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial 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. reliance :: n. acting upon another's statement of alleged fact ... able. See also: reasonable reliance remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site." repudiation :: n. denial of the existence of a contract and/or re ... also: anticipatory breach contract reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation 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 savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. 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 security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent 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 separate property :: n. in community property states (California, Texas ... pouse. See also: community property separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation service of process :: n. the delivery of copies of legal documents such ... by publication substituted service severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. silent partner :: n. a non-legal term for an investor who puts money ... partner limited partnership partner slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. 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 special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence 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 status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering 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. 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. tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy term :: n. 1) in contracts or leases, a period of time, su ... nancy" is one term for "occupancy." theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." 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. tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability voidable :: adj. capable of being made void. Example: a contra ... ot necessarily void. See also: void whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. will :: n. a written document which leaves the estate of t ... will and testament probate testator Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. 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 |