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Dictionary of Law |
Bill of Rights :: legal definitionBill of Rights - n. the first ten amendments to the federal Constitution demanded by several states in return for ratifying the Constitution, since the failure to protect these rights was a glaring omission in the Constitution as adopted in convention in 1787. Adopted and ratified in 1791, the Bill of Rights are: First: Prohibits laws establishing a religion (separation of church and state), and bans laws which would restrict freedom of religion, speech, press (now interpreted as covering all media), right to peaceably assemble and petition the government. Second: A "well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." This is often claimed as giving the unfettered right of individuals to own guns, but is actually limited to the right of "the" people, meaning the body politic or the public as a group, to bear arms as militiamen Third: No quartering of soldiers in private homes without the owner's consent. Fourth: No unreasonable search and seizures, no warrants without probable cause, and such warrants must be upon "oath or affirmation" and describe the place to be searched or the person or things to be taken. Fifth: Prohibits criminal charges for death penalty ("capital punishment") or any other "infamous" crime (felony) without indictment by a Grand Jury except under martial law in the time of war or "public danger"; no person may be tried twice for the same offense; no one may be compelled to be a witness against himself ("taking the Fifth"), no one can be deprived of life, liberty or property without "due process of law"; no taking of property for public use (eminent domain) without just compensation. These rights have become applicable to states through the 14th Amendment as well as state constitutions. Sixth: Rights of criminal defendants to a speedy and public trial, impartial local jury, information on the nature and cause of accusation, confront witnesses against him, right to subpena witnesses, and have counsel. Seventh: Juries may be demanded in civil cases (over $20) and the jury shall be trier of the fact in such cases as required by Common Law. Eighth: No excessive bail, excessive fines or "cruel and unusual punishment." Note that denial of bail in murder cases or when the accused may flee is not "excessive," and capital punishment (like the gas chamber) may be cruel but not necessarily unusual. inth: Stating these rights shall not be construed to deny that other rights are retained by the people. Tenth: Powers given to the United States (central government) and not prohibited to the states, are reserved to the states or to the people. 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 abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity 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. Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis blue sky laws :: n. laws intended to protect the public from purcha ... e sky." See also: corporation stock brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense caption :: n. the first section of any written legal pleading ... to the exact format of the caption. case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. chattel :: n. an item of personal property which is movable, ... ments). See also: personal property chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. community property :: n. property and profits received by a husband and ... and distribution separate property commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence 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 confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption confrontation :: n. 1) fight or argument. 2) the right of a crimina ... s. See also: Bill of Rights witness constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark corporation :: n. an organization formed with state governmental ... ation public corporation securities corpus juris :: n. the body of the law, meaning a compendium of al ... lanations of the law of that state. count :: n. each separate statement in a complaint which st ... also: cause of action common counts 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. criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. dower :: n. an old English common law right of a widow to o ... t and distribution widow's election due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law 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 forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. 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 full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment. future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction 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. 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 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 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 inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain 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 joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public 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 selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. 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 law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will 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 license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney 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. Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. 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 marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder 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 nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea 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 notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending people :: n. the designation for the prosecuting government ... secutions, United States v. Miller. peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. process :: n. in law, the legal means by which a person is re ... service of process subpena summons 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 property :: n. anything that is owned by a person or entity. P ... rty real property separate property property damage :: n. injury to real or personal property through ano ... l value. See also: damages property 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 public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms. ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide self-incrimination :: n. making statements or producing evidence which t ... nda warning rights taking the Fifth sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separate property :: n. in community property states (California, Texas ... pouse. See also: community property sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service of process :: n. the delivery of copies of legal documents such ... by publication substituted service sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery title :: n. 1) ownership of real property or personal prope ... ink slip real property title search title search :: n. the examination of county records for the prope ... e escrow lien title title insurance toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure 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 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 witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will 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 - BBachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctorback-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing. bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit. balance due :: n. the amount of a debt still owed on an account o ... cipal due without further interest. balance sheet :: n. the statement of the assets and the liabilities ... ctivity and health of the business. bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys. |