Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

procedure :: legal definition


Procedure - n. the methods and mechanics of the legal process. These include filing complaints, answers and demurrers; serving documents on the opposition; setting hearings, depositions, motions, petitions, interrogatories; preparing orders; giving notice to the other parties; conduct of trials; and all the rules and laws governing that process. Every state has a set of procedural statutes (often called the Codes of Civil Procedure and Criminal Procedure), and courts have so-called "local rules," which govern times for filing documents, conduct of the courts and other technicalities. Law practice before the federal courts operates under the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure. Procedural law is distinguished from "substantive" law, which involves the statutes and legal precedents upon which cases are tried and judgments made.


Related Law Terms

abortion :: 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.
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
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
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
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.
ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction
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."
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
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-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
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
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
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.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
case law :: n. reported decisions of appeals courts and other ... es. See also: case system 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
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.
civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law
civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute
color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket.
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
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
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
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
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
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 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.
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
criminal justice :: n. a generic term for the procedure by which crimi ... endered and punishment carried out.
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
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
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court
due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights.
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
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
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
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.
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
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
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
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
interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history.
Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
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
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
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.
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
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
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
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.
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot
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
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.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant
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
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.
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.
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
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
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute
quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi
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.
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
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
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.
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
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 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.
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
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
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure
summons :: n. a document issued by the court at the time a la ... use service service of process writ
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
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
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
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant

Popular Law Searches

legal 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 - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain 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.