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Dictionary of Law |
trial :: legal definitionTrial - n. the examination of facts and law presided over by a judge (or other magistrate, such as a commissioner or judge pro tem) with authority to hear the matter (jurisdiction). A trial begins with the calling of the parties to come and be heard and selection of a jury if one has been requested. Each party is entitled to an opening statement by his/her attorney (or the party if he/she is representing himself/herself), limited to an outline of what each side intends to prove (the defense may withhold the opening statement until the defense is ready to present evidence), followed by the presentation of evidence first by the plaintiff (in a civil case) or prosecution (in a criminal case), followed by the defense evidence, and then by rebuttal evidence by the plaintiff or prosecution to respond to the defense. At the conclusion of all evidence each attorney (plaintiff or prosecution first) can make a final argument which can include opinion and comment on evidence and legal questions. If it is a jury trial, the judge will give the jury a series of instructions as to the law of the case, based on "jury instructions" submitted by the attorneys and approved, rejected, modified and/or added to by the judge. Then the jury retires to the jury room, chooses a foreperson and decides the factual questions. If there is no jury, the judge will determine legal issues and decide factual questions and render (give) a judgment. A jury will judge the factual issues and decide the verdict based on the law as given in the instructions by the judge. Final verdict or judgment usually concludes the trial, although in some criminal cases a further trial will be held to determine "special circumstances" (acts which will increase the punishment) or whether the death penalty should be imposed. Throughout a trial there may be various motions on legal issues, some of which may be argued in the judge's chambers. In most criminal cases the exact punishment will be determined by the judge at a hearing held at a later time. Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. 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. arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. 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 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 at law (or attorney-at-law) :: n. (or attorney-at-law) a slightly fancier way of ... r way of saying attorney or lawyer. 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. attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. 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 burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. 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. challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence 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 civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial 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 conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. 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 corpus juris :: n. the body of the law, meaning a compendium of al ... lanations of the law of that state. 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 court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. criminal attorney :: n. a popular term for an attorney who specializes ... . See also: crime felon misdemeanor 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 cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo deceit :: n. dishonesty, fraudulent conduct, false statement ... . See also: fraud misrepresentation declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney 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 dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches evidence :: n. every type of proof legally presented at trial ... material object objection relevant ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact 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 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 gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing 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 hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial 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 hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire in absentia :: (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for ... tin Bormann, Hitler's closest aide. in loco parentis :: prep. (in loh-coh pah-rent-iss) Latin for "instead ... 5, if and when he needs legal help. in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved. in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." in re :: prep. short for "in regard to" or concerning. Ofte ... e Adoption of Marcus McGillicuddy." in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing 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 inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock 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 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 judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire 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 jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). 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 legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. 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 liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. 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 motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic 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 nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal 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 object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony 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. open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain 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 peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case 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." probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative 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 estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel 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 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 prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute 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 quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title 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 reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. 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. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney 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 finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in 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 sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest 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 verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. 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 - TT.R.O. :: n. legal slang for temporary restraining order. Se ... order. See also: restraining ordertainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object. taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax. tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy 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 tenant :: n. a person who occupies real property owned by an ... rental payments. See also: tenancy tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer |