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Dictionary of Law |
brief :: legal definitionBrief - 1) n. a written legal argument, usually in a format prescribed by the courts, stating the legal reasons for the suit based on statutes, regulations, case precedents, legal texts, and reasoning applied to facts in the particular situation. A brief is submitted to lay out the argument for various petitions and motions before the court (sometimes called "points and authorities"), to counter the arguments of opposing lawyers, and to provide the judge or judges with reasons to rule in favor of the party represented by the brief writer. Occasionally on minor or follow-up legal issues, the judge will specify that a letter or memorandum brief will be sufficient. On appeals and certain other major arguments, the brief is bound with color-coded covers stipulated in state and/or federal court rules. Ironically, although the term was originally intended to mean a brief or summary argument (shorter than an oral presentation), legal briefs are quite often notoriously long. 2) v. to summarize a precedent case or lay out in writing a legal argument. Attentive law students "brief" each case in their casebooks, which means extracting the rule of law, the reasoning (rationale), the essential facts, and the outcome. 3) v. to give a summary of important information to another person. See also: precedent and Related Law Terms ↓ 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. 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 administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate 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 admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. 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 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." 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 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 attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent 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 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. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." 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. certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. 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 law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. 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. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence 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 confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff 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 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. controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. corporation :: n. an organization formed with state governmental ... ation public corporation securities 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 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. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession 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 disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. 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 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. ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed 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 finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. 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 first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. 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. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest 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 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 inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence 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 international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits 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 jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court 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. legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership 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. magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing 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 marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed." Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed 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 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 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 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. objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. 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. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing 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 preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. 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. 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. 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 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 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 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 regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing 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 removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation 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 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 ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness 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 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 service of process :: n. the delivery of copies of legal documents such ... by publication substituted service sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." 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 specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent 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. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll 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 supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens 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 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 - BBachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctorback-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing. bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit. balance due :: n. the amount of a debt still owed on an account o ... cipal due without further interest. balance sheet :: n. the statement of the assets and the liabilities ... ctivity and health of the business. 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 court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys. |