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Dictionary of Law |
literary property :: legal definitionLiterary property - n. the writings of an author which entitles him/her to the use of the work, including publication, and sale or license for a profit to others who will then have the right to publish it. Literary property includes books, articles, poetry, movie scripts, computer programs and any writing which lends itself to publication or use. A close question can arise when a professional writer sends letters to others: are they literary property? Probably not if they were intended to be just personal communications. J. D. Salinger, author of The Catcher in the Rye, thought otherwise and sued to prevent use of his letters sent to another writer. The case was compromised and settled. To protect any literary work and profits from it, the writer should mark it as copyrighted. See also: copyright and Related Law Terms ↓ 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 acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties 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 condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive 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 corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship 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 damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance 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 file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment highway :: n. any public street, road, turnpike or canal whic ... rivilege and not an absolute right. incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit land :: n. real property, real estate (and all that grows ... See also: real estate real property lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. 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 minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion 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 notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property :: n. anything that is owned by a person or entity. P ... rty real property separate property public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best. public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial 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 robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation 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 servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. 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 - Llabor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). land :: n. real property, real estate (and all that grows ... See also: real estate real property landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out). landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard. law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." |