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Dictionary of Law |
privileges and immunities :: legal definitionPrivileges and immunities - n. the fundamental rights that people enjoy in free governments, protected by the U.S. Constitution in Article IV: "The citizens of each state shall be entitled to all privileges and immunities in the several States," and specifically to be protected against state action by the Constitution's 14th Amendment (1868): "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The definition of "privileges and immunities" was first spelled out by Supreme Court Justice Bushrod Washington in 1823: "protection by the government, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety, subject, nevertheless, to such restraints as the government may prescribe for the general good of the whole." However, the exact nature of privileges and immunities which the state governments could limit has long been in dispute, with the U.S. Supreme Court gradually tipping toward protecting the individual rights of citizens against state statutes that might impinge on constitutional rights. Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. 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 adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. 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." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court 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 General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General 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 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 certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices. 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 citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities. civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. 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. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons 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 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 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 of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action 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 disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? 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 executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974). file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment. 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 home rule :: n. the power of a local city or county to set up i ... state funds for local improvements. immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. 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 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 jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent 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 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 lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. 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. mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate 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 municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party 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. paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader 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 political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege 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. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property :: n. anything that is owned by a person or entity. P ... rty real property separate property 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 qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. 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. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant 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 small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction 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 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 tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens 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 - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward 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. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |