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Dictionary of Law |
contempt of court :: legal definitionContempt of court - n. there are essentially two types of contempt: a) being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge; b) willful failure to obey an order of the court. This latter can include failure to pay child support or alimony. The court's power to punish for contempt (called "citing" one for contempt) includes fines and/or jail time (called "imposing sanctions"). Incarceration is generally just a threat and if imposed, usually brief. Since the judge has discretion to control the courtroom, contempt citations are generally not appealable unless the amount of fine or jail time is excessive. "Criminal contempt" involves contempt with the aim of obstruction of justice, such as threatening a judge or witness or disobeying an order to produce evidence. See also: sanction 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.adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification 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 approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places. competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will 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 concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling. corporation :: n. an organization formed with state governmental ... ation public corporation securities 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 court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ evidence :: n. every type of proof legally presented at trial ... material object objection relevant ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. 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 general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward 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 hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness 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 indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. 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 interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judge advocate general :: (J.A.G.) n. a military officer who advises the gov ... also: court-martial judge advocate judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. modification :: n. a change in an existing court order or judgment ... terms of child support and custody. motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence 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 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. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ 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. 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 promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury 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. remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing 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 reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. 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. rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness summons :: n. a document issued by the court at the time a la ... use service service of process writ supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor 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 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 - CC.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial. call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned. calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again. cancellation :: cancel ... cancel caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States. canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note. capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will. capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange capital investment :: capital expenditure ... capital expenditure 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 capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets. |