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Dictionary of Law |
writ of coram nobis :: legal definitionWrit of coram nobis - : (writ of core-uhm noh-bis) n. from Latin for "in our presence," an order by a court of appeals to a court which rendered judgment requiring that trial court to consider facts not on the trial record which might have resulted in a different judgment if known at the time of trial. Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. 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 bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief 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 enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay 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 joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate modification :: n. a change in an existing court order or judgment ... terms of child support and custody. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement 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 plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error 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. stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summons :: n. a document issued by the court at the time a la ... use service service of process writ temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable 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 - Wwaive :: v. to voluntarily give up something, including not ... the other state). See also: waiverwaiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained. ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers. widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband. widower :: n. a man whose wife died while he was married to h ... d to her and who has not remarried. widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will will :: n. a written document which leaves the estate of t ... will and testament probate testator will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful |