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Dictionary of Law |
lis pendens :: legal definitionLis pendens - (lease pen-dense) n. Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder. This gives notice to the defendant who owns real estate that there is a claim on the property, and the recording informs the general public (and particularly anyone interested in buying or financing the property) that there is this potential claim against it. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property. Otherwise, if there is a petition to remove the lis pendens from real property not involved in the lawsuit, the plaintiff who originally recorded a false lis pendens will be subject to payment of attorney's fees as a penalty. Example: Joe Plumbob provides work and materials to Smith's home, sues to enforce a mechanic's lien, but records a lis pendens describing three other properties owned by Smith; Plumbob can be penalized by court order. Related Law Termsabstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lienabstract of title :: n. the written report on a title search which show ... e also: chain of title title report 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 actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction 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 appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property. assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. 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 bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices. child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. 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 clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark 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 covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant 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 cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. 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 escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution 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 fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property." hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity 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 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 inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction 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.). land :: n. real property, real estate (and all that grows ... See also: real estate real property lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution 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 life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice 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 marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. 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 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 no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages 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 notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. 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 proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party property :: n. anything that is owned by a person or entity. P ... rty real property separate property property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. 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 reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment separate property :: n. in community property states (California, Texas ... pouse. See also: community property settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. 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 summons :: n. a document issued by the court at the time a la ... use service service of process writ 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 report :: n. the written analysis of the status of title to ... lso: abstract title title insurance title search :: n. the examination of county records for the prope ... e escrow lien title title insurance transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof 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 - Llabor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). land :: n. real property, real estate (and all that grows ... See also: real estate real property landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out). landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard. law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." |