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Dictionary of Law |
ultimate fact :: legal definitionUltimate fact - n. in a trial, a conclusion of fact which is logically deduced from evidence ("evidentiary facts"). Example: the evidentiary facts were that driver Larry Leadfoot a) exceeded the speed limit, b) drove over the double-line, c) skidded and lost control of his car; the ultimate fact was, therefore, Leadfoot was negligent. It is essential to introduce the evidentiary facts during the trial in order to prove the ultimate fact. A mere statement by a witness that "Leadfoot was negligent" is not sufficient, since it is an opinion of the witness and is not evidence. See also: evidence and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law 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 incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence material witness :: n. a person who apparently has information about t ... e. See also: material trial witness motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will 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 - UUCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states.ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets. unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business. unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages. unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust |