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Dictionary of Law |
service by mail :: legal definitionService by mail - n. mailing legal pleadings to opposing attorneys or parties, while filing the original with the court clerk with a declaration stating that the copy was mailed to a particular person at a specific address. Once a party has responded by filing an answer, subsequent pleadings (except orders to show cause and orders of examination) can be served upon his/her/its attorney by mail. See also: service and Related Law Terms ↓ Related Law Termsacceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: servicealternative 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 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 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 bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. 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. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons corporation :: n. an organization formed with state governmental ... ation public corporation securities court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons 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 deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support draft :: 1) n. a bill of exchange or check in which one par ... s. See also: bill of exchange check enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud 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 in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. 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. order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. process :: n. in law, the legal means by which a person is re ... service of process subpena summons real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court 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 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 strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in summons :: n. a document issued by the court at the time a la ... use service service of process writ 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. 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 - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. 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 second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |