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Dictionary of Law |
ex parte :: legal definitionEx parte - (ex par-tay, but popularly, ex party) adj. Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a diligent attempt to contact the other party's lawyer of the time and place of any ex parte hearing. Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment 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 chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction evidence :: n. every type of proof legally presented at trial ... material object objection relevant exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement 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 Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay 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 inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike 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 open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. 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. 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 recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction 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 service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer 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 duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. 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 - Eearnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.easement :: n. the right to use the real property of another f ... rstandings at the time of creation. egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress." EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution. element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust. emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate. emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held. emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment |