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Dictionary of Law |
injunction :: legal definitionInjunction - n. a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing. The procedure is for someone who has been or is in danger of being harmed, or needs some help (relief) or his/her attorney, to a) petition for the injunction to protect his/her rights; to b) get an "order to show cause" from the judge telling the other party to show why the injunction should not be issued; c) serve (personally delivered) the order to show cause on the party whom he/she wishes to have ordered to act or be restrained ("enjoined"); partake in a hearing in which both sides attempt to convince the judge why the injunction should or should not be granted. If there is danger of immediate irreparable harm at the time the petition is filed, a judge may issue a temporary injunction which goes into effect upon it being served (deliver or have delivered) to the other party. This temporary injunction will stay in force until the hearing or sometimes until the outcome of a lawsuit is decided in which an injunction is one of the parts of the plaintiff's demands (in the "prayer"). A final and continuing injunction is called a permanent injunction. Examples of injunctions include prohibitions against cutting trees, creating nuisances, polluting a stream, picketing which goes beyond the bounds of free speech and assembly, or removing funds from a bank account pending determination of ownership. So-called "mandatory" injunctions which require acts to be performed, may include return of property, keeping a gate to a road unlocked, clearing off tree limbs from a right-of-way, turning on electricity or heat in an apartment building, or depositing disputed funds with the court. See also: injunctive relief writ and Related Law Terms ↓ Related Law Termsabortion :: 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. act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial." adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. 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 attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove. bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy 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 certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places. 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 competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling. conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge. constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft corporation :: n. an organization formed with state governmental ... ation public corporation securities cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party 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-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent evidence :: n. every type of proof legally presented at trial ... material object objection relevant ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. gag 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 Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward 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 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 hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire 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 last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause 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 malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder modification :: n. a change in an existing court order or judgment ... terms of child support and custody. motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike 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 nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party 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. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction 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 police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." 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 prohibition :: n. forbidding an act or activity. A court order fo ... icial. See also: injunction mandate promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. res judicata :: : (rayz judy-cot-ah) n. Latin for "the thing has b ... djudicata. See also: res adjudicata respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court search warrant :: n. a written order by a judge which permits a law ... ble cause search search and 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 service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues summons :: n. a document issued by the court at the time a la ... use service service of process writ supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. 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 voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant will :: n. a written document which leaves the estate of t ... will and testament probate testator wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). 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 - Ii.e. :: prep. abbreviation for id est, which is Latin for ... "e.g.," which means "for example."illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract. immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse. immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity impanel :: v. to select and install a jury. See also: impanel ... l a jury. See also: impaneling jury impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children. impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture |