|
|
|
|
Dictionary of Law |
joint and several :: legal definitionJoint and several - adj. referring to a debt or a judgment for negligence, in which each debtor (one who owes) or each judgment defendant (one who has a judgment against him/her) is responsible (liable) for the entire amount of the debt or judgment. Thus, in drafting a promissory note for a debt, it is important to state that if there is more than one person owing the funds to be paid, the debt is joint and several, since then the person owed money (creditor, promisee) can collect the entire amount from any of the joint signers of the note, and not be limited to a share from each debtor. If a party injured in an accident sues several parties for causing his/her damages, the court may find that several people were "jointly" negligent and contributed to the damages. The entire judgment may be collected from any of the defendants found responsible, unless the court finds different amounts of negligence of each defendant contributed to the injury. Defense attorneys should require the trier of fact (jury or judge sitting without a jury) to break down the amount of negligence of each defendant and the plaintiff if there is contributory negligence. Often the court will refuse to do so, allowing the plaintiff to collect from whichever defendant has the "deep pocket" (lots of money), and letting the defendant who pays demand contributions from the other defendants. See also: comparative negligence contribution contributory negligence joint and Related Law Terms ↓ Related Law Termsabstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lienabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). 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 arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. 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 bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance 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 bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence 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 consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners. contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence 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 counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint 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 creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder 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 declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration 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 default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery discharge :: v. 1) to perform one's duties. 2) to dismiss someo ... d not be paid. See also: bankruptcy discharge in bankruptcy :: n. an order given by the bankruptcy judge, at the ... red creditors. See also: bankruptcy dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. due :: n. and adj. owed as of a specific date. A popular ... ecessarily mean that a debt is due. duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail 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 executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud 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 garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward 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 impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing 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 invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage 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 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 jury tampering :: n. the crime of attempting to influence a jury thr ... e also: jury subornation of perjury justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution 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 maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights 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 for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic 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 :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea 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 offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement 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 partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note 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 product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party property damage :: n. injury to real or personal property through ano ... l value. See also: damages property 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 ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence 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 recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. 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 reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment 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 of process :: n. the delivery of copies of legal documents such ... by publication substituted service setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor 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 surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate. tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy 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. 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 unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable 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 writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. 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 - JJ :: n. abbreviation for Judge, as in the Hon. William ... as in the Hon. William B. Boone, J.Jane Doe :: n. 1) a fictitious name used for a possible female ... lso: fictitious defendants John Doe jaywalking :: n. walking across a street outside of marked cross ... jury to the jaywalker by a vehicle. JD :: n. short for Juris Doctor, identifying the holder ... law degree. See also: Juris Doctor jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy jobber :: n. a merchant who buys products (usually in bulk o ... buys and acts for specific clients. John Doe :: n. 1) a fictitious name used for a possible male d ... lso: fictitious defendants Jane Doe joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint adventure :: n. when two or more people go together on a trip o ... e activity. See also: joint venture joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several joint powers agreement :: n. a contract between a city, a county and/or a sp ... istrict or other government entity. joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence joint venture :: n. an enterprise entered into by two or more peopl ... s terminated. See also: partnership Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law |