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Dictionary of Law |
administrative law :: legal definitionAdministrative law - n. the procedures created by administrative agencies (governmental bodies of the city, county, state or federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making. Federal agency procedures are governed by the Administrative Procedure Act, and many states have adopted similar procedural formats either by law or regulation. It is important to consider two vital factors in dealing with administrative agencies 1) the rules and regulations are often special for each agency and are not usually found in the statutes but in those regulations; 2) a member of the public must "exhaust his/her administrative remedies" (take every step, including appeals) with the agency and its system before he/she can challenge the administrative ruling with a lawsuit in court. There are exceptions (such as emergency or obvious futility) to exhausting one's remedies, but those are rare. Administrative law can be a technical jungle, and many lawyers make lots of money from knowing how to hack their way through it on behalf of their clients. See also: administrative law judge Administrative Procedure Act 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.administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing 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 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 agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." 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 bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." 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 law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent 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 claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. 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. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption 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 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 court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. 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 diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. 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 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 fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest 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 home rule :: n. the power of a local city or county to set up i ... state funds for local improvements. incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock 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 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 limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. 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." mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed 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 occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. 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. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. property :: n. anything that is owned by a person or entity. P ... rty real property separate property prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. 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. 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 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 sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape 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 substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure 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 :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax 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 claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act 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 - Aa fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod." ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio." abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support. abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot." absolute :: adj. complete, and without condition. ... j. complete, and without condition. abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court. abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien |