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Dictionary of Law |
retroactive :: legal definitionRetroactive - adj. referring to a court's decision or a statute enacted by a legislative body which would result in application to past transactions and legal actions. In criminal law, statutes which would increase penalties or make criminal activities which had been previously legal are prohibited by the constitutional ban on ex post facto laws (Article I, Section 9). Most court decisions which change the elements necessary to prove a crime or the introduction of evidence such as confessions are usually made non-retroactive to prevent a flood of petitions of people convicted under prior rules. Nor can statutes or court decisions take away "vested" property rights or change contract rights. However, some decisions are so fundamental to justice they may have a retroactive effect, depending on the balance between stability of the law and the public good. Retroactive is also called "retrospective." See also: ex post facto and Related Law Terms ↓ Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.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 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 amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. 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." 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 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 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 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 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. 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 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 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 corporation :: n. an organization formed with state governmental ... ation public corporation securities 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. Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss 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 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 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. international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court 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 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 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. 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 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. M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense modification :: n. a change in an existing court order or judgment ... terms of child support and custody. 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 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 presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. 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 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. Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. 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 sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. 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. 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. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. 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 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 - Rrace to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgageRacketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses. racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia"). ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property. ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective. ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract. real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities. reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence |