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Dictionary of Law |
warrant :: legal definitionWarrant - 1) n. an order (writ) of a court which directs a law enforcement officer (usually a sheriff) to arrest and bring a person before the judge, such as a person who is charged with a crime, convicted of a crime but failed to appear for sentencing, owes a fine or is in contempt of court. A "bench warrant" is an order to appear issued by the court when a person does not appear for a hearing, which can be resolved by posting bail or appearing. A "search warrant" is an order permitting a law enforcement officer to search a particular premises and/or person for certain types of evidence, based on a declaration by a law enforcement official, including a district attorney. 2) v. to claim to a purchaser that merchandise is sound, of good quality or will perform as it should, or that title to real property belongs to the seller. See also: guarantee search and seizure search warrant and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. 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 advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit 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 apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney bench warrant :: n. a warrant issued by a judge, often to command s ... appear in court. See also: warrant Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent 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 clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. concealed weapon :: n. a weapon, particularly a handgun, which is kept ... ions, arrests or improper activity. conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction corporation :: n. an organization formed with state governmental ... ation public corporation securities court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court of equity :: n. originally in English common law and in several ... also: chancery court of law equity court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted. 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 false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing 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. 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 incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. 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 indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. 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 marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law 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 modification :: n. a change in an existing court order or judgment ... terms of child support and custody. moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot 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 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 nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. 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 peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure 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 real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial 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 respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court 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 seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant 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 of process :: n. the delivery of copies of legal documents such ... by publication substituted service set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness summons :: n. a document issued by the court at the time a la ... use service service of process writ supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent will :: n. a written document which leaves the estate of t ... will and testament probate testator youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent 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 - Wwaive :: v. to voluntarily give up something, including not ... the other state). See also: waiverwaiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained. ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers. widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband. widower :: n. a man whose wife died while he was married to h ... d to her and who has not remarried. widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will will :: n. a written document which leaves the estate of t ... will and testament probate testator will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful |