Dictionary of Law
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execution :: legal definition


Execution - n. 1) the act of getting an officer of the court to take possession of the property of a losing party in a lawsuit (judgment debtor) on behalf of the winner (judgment creditor), sell it and use the proceeds to pay the judgment. The procedure is to take the judgment to the clerk of the court and have a writ of execution issued which is taken to the sheriff (or marshal, constable or other authorized official) with instructions on what property to execute upon. In the case of real property the official must first levy (place a lien on the title), and then execute upon it (seize it). However, the judgment debtor (loser in the lawsuit) may pay the judgment and costs before sale to redeem real estate. 2) carrying out a death sentence.

See also: death penalty writ of execution and Related Law Terms ↓


Related Law Terms

abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
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
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
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."
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge.
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
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
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
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution
executed :: 1) adj. to have been completed. (Example: "it is a ... a death sentence. See also: execute
executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974).
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
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
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
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.
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
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.
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
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 fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
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
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
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.
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
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
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal.
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
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
personalty :: n. movable assets (things, including animals) whic ... lso: personal effects real property
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
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.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
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
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 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
relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
reprieve :: n. a temporary delay in imposition of the death pe ... commutation of sentence or pardon.
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note
sheriff's sale :: n. an auction sale of property held by the sheriff ... so: execution forced sale levy writ
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
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
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
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.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.
writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal 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 - E

earnest 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