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Dictionary of Law |
finding :: legal definitionFinding - n. the determination of a factual question vital (contributing) to a decision in a case by the trier of fact (jury or judge sitting without a jury) after a trial of a lawsuit, often referred to as findings of fact. A finding of fact is distinguished from a conclusion of law which is determined by the judge as the sole legal expert. Findings of fact and conclusions of law, need not be made if waived or not requested by the trial attorneys, leaving just the bare judgment in the case. See also: conclusion of law and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor 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 charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law 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 constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution corpus juris :: n. the body of the law, meaning a compendium of al ... lanations of the law of that state. court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing 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 hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing 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 judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire 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 trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict 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 to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain 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. peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing 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. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness 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 - Fface amount :: n. the original amount due on a promissory note or ... rein, without calculating interest.face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value." fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result. failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants. fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft family :: n. 1) husband, wife and children. 2) all blood rel ... ting this economic and social unit. family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple |