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Dictionary of Law |
adoption :: legal definitionAdoption - n. the taking of a child into one's family, creating a parent to child relationship, and giving him or her all the rights and privileges of one's own child, including the right to inherit as if the child were the adopter's natural child. The adoption procedure varies depending on whether the child comes through an agency which handles adoptions or comes from a stranger or a relative, and on the age of the child and the adoptive parent or parents. The hopeful adoptive parent must file a petition, which may be handled by the adoption agency. Natural parents must either give binding written permission for the adoption or have abandoned the child for a lengthy period of time. An investigation will be made by a county office (probation or family services) as to the future parents' suitability to adoption, their relationship status, their home situation, and their health, as well as the best interests of the child. If the child is old enough to understand the procedure he or she may have a say in the adoption. Finally there is a hearing before a local court judge (called "surrogate" in some states) and an adoption order made. In many states a new birth certificate can be issued, with the adoptive parents listed as the parents. If there is an adoption of an adult, the adopting adult usually must be several years older, based on the state law. In recent years, there has been much controversy over adoption by single parents, including gays and lesbians, with the tendency toward allowing such adoptions, provided all other criteria beneficial to the child are met. See also: adopt and Related Law Terms ↓ Related Law Termsabduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnappingacknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem 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 adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. 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 civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties 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 complaint :: n. the first document filed with the court (actual ... g prayer service of process summons confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary 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 consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract 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 court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages 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 disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture foster child :: n. a child without parental support and protection ... local government or a state agency. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment 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 impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses. incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title 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 jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. 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 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 age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. 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 marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering 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 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 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. on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. 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 police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft 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 sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. will :: n. a written document which leaves the estate of t ... will and testament probate testator wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). 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 - Aa fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod." ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio." abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support. abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot." absolute :: adj. complete, and without condition. ... j. complete, and without condition. abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court. abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien |