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Dictionary of Law |
grandfather clause :: legal definitionGrandfather clause - n. 1) a clause in a statute or zoning ordinance (particularly a city ordinance) which permits the operator of a business or a land owner to be exempt from restrictions on use if the business or property continues to be used as it was when the law was adopted. Upon passage of the statute or regulation, the specific property may be referred to as "grandfathered in." Example: the city passes an ordinance which does not permit retail businesses in a particular zone, but any existing store can continue to function in the area, even with new owners. However, if the premises stop being a retail outlet then the grandfather clause will lapse. 2) among the state constitutional amendments passed by southern states in the late 1800s to keep blacks from voting, "grandfather clauses" denied voter registration to people who were illiterate, who did not own property or could not pass a test on citizenship obligations, unless their grandfathers had served in the Confederate Army. Such laws are now unconstitutional. Related Law Termsabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonmentabandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade 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 canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. 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. code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. community property :: n. property and profits received by a husband and ... and distribution separate property comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence concealed weapon :: n. a weapon, particularly a handgun, which is kept ... ions, arrests or improper activity. 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. conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark corporation :: n. an organization formed with state governmental ... ation public corporation securities covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated). 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 disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation 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 fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. 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 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 inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence 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 lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright loiter :: v. to linger or hang around in a public place or b ... kenness or being a public nuisance. 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 marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement 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 quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide 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 servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement 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 spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction 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 supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery 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 trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax. variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof 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 - Ggag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment garnishee :: n. a person or entity, quite often a bank or emplo ... ourt. See also: garnish garnishment garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general counsel :: n. the chief attorney for a corporation, who is pa ... e counsel." See also: house counsel general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership general plan :: n. a plan of a city, county or area which establis ... uture development. See also: zoning generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax. gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax gift tax :: n. federal tax on large gifts. Gifts to members of ... ance in gift tax planning is vital. go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal. good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:." good faith :: n. honest intent to act without taking an unfair a ... plied to all kinds of transactions. Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. good title :: n. ownership of real property which is totally fre ... or deed of trust on the property). |