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Dictionary of Law |
actionable :: legal definitionActionable - adj. when enough facts or circumstances exist to meet the legal requirements to file a legitimate lawsuit. If the facts required to prove a case cannot be alleged in the complaint, the case is not "actionable" and the client and his/her attorney should not file a suit. Of course, whether many cases are actionable is a matter of judgment and interpretation of the facts and/or law, resulting in many lawsuits that clog the courts. Incidentally, if a case is filed which is clearly not actionable, it may result in a lawsuit against the filer of the original suit for malicious prosecution by the defendant after he/she has won the original suit. See also: cause of action lawsuit malicious prosecution and Related Law Terms ↓ Related Law Termsaction :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuitad 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 appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact. corporation :: n. an organization formed with state governmental ... ation public corporation securities count :: n. each separate statement in a complaint which st ... also: cause of action common counts 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 cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits 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 laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions 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 no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. 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 party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case process :: n. in law, the legal means by which a person is re ... service of process subpena summons proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error service of process :: n. the delivery of copies of legal documents such ... by publication substituted service special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll 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 timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction 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 - 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 |