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Dictionary of Law |
party :: legal definitionParty - n. 1) one of the participants in a lawsuit or other legal proceeding who has an interest in the outcome. Parties include plaintiff (person filing suit), defendant (person sued or charged with a crime), petitioner (files a petition asking for a court ruling), respondent (usually in opposition to a petition or an appeal), cross-complainant (a defendant who sues someone else in the same lawsuit), or cross-defendant (a person sued by a cross-complainant). 2) a person or entity involved in an agreement. 3) a common reference by lawyers to people or entities involved in lawsuits, transactions, contracts or accidents, as in "both parties knew what was expected," "he is a party to the contract," "he was not a party to the criminal conspiracy:." See also: contract cross-complaint defendant indispensable party necessary party petitioner plaintiff proper party real party in interest respondent and Related Law Terms ↓ Related Law Termsaction :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuitactionable :: 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 admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer 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 anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract 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." assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights 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 clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility complaint :: n. the first document filed with the court (actual ... g prayer service of process summons condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract 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 corporation :: n. an organization formed with state governmental ... ation public corporation securities counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party 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 d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal 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. election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. 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 guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem 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 implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. 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 interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman 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 juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono 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 limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. 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 plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff 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 promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide 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 service of process :: n. the delivery of copies of legal documents such ... by publication substituted service setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness summons :: n. a document issued by the court at the time a la ... use service service of process writ third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction 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 - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud 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. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |