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Dictionary of Law |
corporation :: legal definitionCorporation - n. an organization formed with state governmental approval to act as an artificial person to carry on business (or other activities), which can sue or be sued, and (unless it is non-profit) can issue shares of stock to raise funds with which to start a business or increase its capital. One benefit is that a corporation's liability for damages or debts is limited to its assets, so the shareholders and officers are protected from personal claims, unless they commit fraud. For private business corporations the articles of incorporation filed with the Secretary of State of the incorporating state must include certain information, including the name of the responsible party or parties (incorporators and agent for acceptance of service), the amount of stock it will be authorized to issue, and its purpose. In some states the purpose may be a general statement of any purpose allowed by law, while others require greater specificity. Corporation shareholders elect a board of directors, which in turn adopts bylaws, chooses the officers and hires top management (which in smaller corporations are often the directors and/or shareholders). Annual meetings are required of both the shareholders and the board, and major policy decisions must be made by resolution of the board (which often delegates much authority to officers and committees). Issuance of stock of less than $300,000, with no public solicitation and relatively few shareholders, is either automatically approved by the state commissioner of corporations or requires a petition outlining the financing. Some states are considered lax in supervision, have low filing fees and corporate taxes and are popular incorporation states, but corporations must register with Secretaries of State of other states where they do substantial business as a "foreign" corporation. Larger stock offerings and/or those offered to the general public require approval by the Securities and Exchange Commission after close scrutiny and approval of a public "prospectus" which details the entire operation of the corporation. There are also non-profit (or not for profit) corporations organized for religious, educational, charitable or public service purposes. Public corporations are those formed by a municipal, state or federal government for public purposes such as operating a dam and utility project. A close corporation is made up of a handful of shareholders with a working or familial connection which is permitted to operate informally without resolutions and regular board meetings. A de jure corporation is one that is formally operated under the law, while a de facto corporation is one which operates as if it were legal, but without the articles of incorporation being valid. Corporations can range from the Corner Mini-Mart to General Electric. See also: articles of incorporation board of directors bylaws close corporation de facto corporation de jure corporation non-profit corporation public corporation securities and Related Law Terms ↓ Related Law Termsabduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnappingabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service 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. actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem 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 against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. 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 agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority 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 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 asset :: n. generally any item of property that has monetar ... ill and rights to market a product. attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment 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 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 bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. blue sky laws :: n. laws intended to protect the public from purcha ... e sky." See also: corporation stock board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond. 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 bylaws :: n. the written rules for conduct of a corporation, ... d/or amended. See also: corporation canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws certificate of incorporation :: n. document which some states issue to prove a cor ... the articles are sufficient proof. 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 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 against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. close corporation :: n. a corporation which is permitted by state law t ... mily members. See also: corporation closed shop :: n. a business that will hire only union members by ... s their certified bargaining agent. commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. common stock :: n. stock in a corporation in which dividends (payo ... oration preferred stock share stock community property :: n. property and profits received by a husband and ... and distribution separate property company :: n. any formal business entity for profit, which ma ... s a corporation. See also: business comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence complaint :: n. the first document filed with the court (actual ... g prayer service of process summons 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 conscious parallelism :: n. an undiscussed imitation by a business of a com ... cidence? No, conscious parallelism. constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff 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 contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence 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 corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship 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. creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons cumulative voting :: n. in corporations, a system of voting by sharehol ... eholders with 1,001 or more shares. 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 de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession director :: n. a member of the governing board of a corporatio ... lso: board of directors corporation disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude 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 dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation dividend :: n. a portion of profit, usually based on the numbe ... . See also: corporation shareholder divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state. 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. draft :: 1) n. a bill of exchange or check in which one par ... s. See also: bill of exchange check ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation 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 estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches evidence :: n. every type of proof legally presented at trial ... material object objection relevant exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice 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. false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust 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 foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent. 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 fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit frisk :: v. quickly patting down the clothes of a possible ... k women and men officers frisk men. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses. incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock incriminate :: v. to make a statement in which one admits that he ... d to information which would be so. indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning 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 insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy 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 interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. 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 issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock 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 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 foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage 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 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. 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 legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder 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 trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution. maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission 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 summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion 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 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 notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer 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 of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts. patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will 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 promotional stock :: n. stock issued in a newly formed corporation and ... assets or money. See also: promoter property :: n. anything that is owned by a person or entity. P ... rty real property separate property prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock 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 record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain 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 quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. 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. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement reorganization :: n. the implementation of a business plan to restru ... also: bankruptcy corporation merger reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site." respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. 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 securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act. 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 service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process service of process :: n. the delivery of copies of legal documents such ... by publication substituted service share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock. shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting shareholders' agreement :: n. an employment agreement among the shareholders ... re only three or four shareholders. shareholders' derivative action :: n. a lawsuit by a corporation's shareholders, theo ... gement. See also: derivative action shareholders' meeting :: n. a meeting, usually annual, of all shareholders ... ctors corporation proxy shareholder 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 sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction 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 stock certificate :: n. printed document which states the name, incorpo ... . See also: corporation share stock straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs). subchapter S corporation :: n. the choice by a small corporation to be treated ... ing attorney. See also: corporation subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process 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 summons :: n. a document issued by the court at the time a la ... use service service of process writ supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." 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 transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. transfer agent :: n. a person or company retained by a corporation t ... stockbroker. See also: share stock transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition treasury stock :: n. stock of a private corporation which was issued ... be entitled. See also: share stock trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens voting trust :: n. a trust which solicits vote proxies of sharehol ... ation proxy shareholder stockholder warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock will :: n. a written document which leaves the estate of t ... will and testament probate testator winding up :: n. liquidating the assets of a corporation or part ... ration cy pres doctrine partnership 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 - 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. |