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Dictionary of Law |
nunc pro tunc :: legal definitionNunc pro tunc - (nuhnk proh tuhnk) adj. Latin for "now for then," this refers to changing back to an earlier date of an order, judgment or filing of a document. Such a retroactive re-dating requires a court order which can be obtained by a showing that the earlier date would have been legal, and there was error, accidental omission or neglect which has caused a problem or inconvenience which can be cured. Often the judge will grant the nunc pro tunc order ex parte (with only the applicant appearing and without notice). Examples: a court clerk fails to file an answer when he/she received it, and a nunc pro tunc date of filing is needed to meet the legal deadline (statute of limitations); a final divorce judgment is misdirected and, therefore, not signed and dated until the day after the re-marriage of one of the parties-the nunc pro tunc order will prevent the appearance or actuality of a bigamous marriage. Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. 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 adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." 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 attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent 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 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 brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays. copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark 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 declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment 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 excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. 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 in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ 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 judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party 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 laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. modification :: n. a change in an existing court order or judgment ... terms of child support and custody. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge 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. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain 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 pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis pro bono :: adj. short for pro bono publico, Latin for "for th ... cation organizations and charities. 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 proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party 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. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court 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 separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service service 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. 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 specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness 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 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 temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. 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 void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant will :: n. a written document which leaves the estate of t ... will and testament probate testator writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. 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 - NN.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdicNational Labor Relations Board :: n. an independent regulatory commission created in ... see union and organizing elections. natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person. necessary :: adj., adv. 1) essen- tial. 2) less forcefully, it ... nient, useful or making good sense. necessary inference :: n. 1) a conclusion militated by reason and logic a ... nown facts. 2) unavoidable meaning. necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party negative declaration :: n. a finding by a city council or other local gove ... so: EIR environmental impact report negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se negligent :: adj., adv. careless in not fulfilling responsibili ... esponsibility. See also: negligence negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution nihil :: (ni [as in it]-hill) n. from Latin for nothing. ... t]-hill) n. from Latin for nothing. |