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Dictionary of Law |
no fault insurance :: legal definitionNo fault insurance - n: a type of automobile insurance required of car owners by law in 19 states (New York, Michigan, Massachusetts, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Kansas, Kentucky, Maryland, Minnesota, New Jersey, North Dakota, Oregon, South Carolina, South Dakota) and the District of Columbia, in which the persons injured in an accident are paid basic damages by the company that insured the vehicle in which they were riding or by which they were hit as a pedestrian. The amount of damages to be paid by the insurance is limited to actual medical and rehabilitation expenses, lost wages and necessary expenses (such as loss of use of the vehicle) with a low maximum and for a limited period. In addition, an injured person can sue the negligent driver for medical costs above the amount of the insurance, pain and suffering if the injuries required medical treatment or resulted in permanent injury, broken bones or disfigurement, or wrongful death. All registered automobiles must be insured. The benefits of no fault include rapid payment of all medical expenses in most cases; elimination of lawsuits except in cases involving lesser injuries, very serious injury or death; and elimination of extensive and costly investigation, proof of negligence, medical reports and depositions. The statutes vary in states requiring "no fault" insurance. There have been legal challenges to the statutes, primarily suggesting that limitations on the right to sue or establishment of narrow categories of injury for which a claim of "pain and suffering" may be included in a lawsuit are unconstitutional. State courts have struck down those restrictions which were arbitrary or prevented legitimate claims. The fight over no fault insurance laws continues state by state, with the insurance companies and some court reform advocates (who believe "no fault" alleviates a clogging of the courts) favoring it, and trial attorneys either opposing the proposal outright or wanting much more leeway for filing lawsuits. See also: negligence and Related Law Terms ↓ Related Law Termsabduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnappingabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! actionable :: 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 adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade 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." arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove. bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. caption :: n. the first section of any written legal pleading ... to the exact format of the caption. care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 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 civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute coinsurance :: n. an insurance policy in which the insurance comp ... e insurance company share the risk. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. community property :: n. property and profits received by a husband and ... and distribution separate property comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment 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 constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark corporation :: n. an organization formed with state governmental ... ation public corporation securities count :: n. each separate statement in a complaint which st ... also: cause of action common counts counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint 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 court of equity :: n. originally in English common law and in several ... also: chancery court of law equity court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company. d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance 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 descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will 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 dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation 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 entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action 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 error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted. execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default 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 gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest 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 hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses. incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. 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 injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence 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 insured :: n. 1) the person or entity who will be compensated ... s go to others. See also: insurance insurer :: n. an insurance company which agrees to pay someon ... lled a premium. See also: insurance interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause 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 joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate 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 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 justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority 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 lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations limited jurisdiction :: n. courts' authority over certain types of cases s ... value. See also: court jurisdiction limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander 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 mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder 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 nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder. non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader pain 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 paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. 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 preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. 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 product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury 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 property :: n. anything that is owned by a person or entity. P ... rty real property separate property property damage :: n. injury to real or personal property through ano ... l value. See also: damages property prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock 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 quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto 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 right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. risk :: n. chances of danger or loss, particularly of prop ... so: assumption of risk risk of loss robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court 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 security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separate property :: n. in community property states (California, Texas ... pouse. See also: community property service of process :: n. the delivery of copies of legal documents such ... by publication substituted service settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court title :: n. 1) ownership of real property or personal prope ... ink slip real property title search title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title 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 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 transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent 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 uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages. variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. will :: n. a written document which leaves the estate of t ... will and testament probate testator Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. 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 - NN.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdicNational Labor Relations Board :: n. an independent regulatory commission created in ... see union and organizing elections. natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person. necessary :: adj., adv. 1) essen- tial. 2) less forcefully, it ... nient, useful or making good sense. necessary inference :: n. 1) a conclusion militated by reason and logic a ... nown facts. 2) unavoidable meaning. necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party negative declaration :: n. a finding by a city council or other local gove ... so: EIR environmental impact report negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se negligent :: adj., adv. careless in not fulfilling responsibili ... esponsibility. See also: negligence negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution nihil :: (ni [as in it]-hill) n. from Latin for nothing. ... t]-hill) n. from Latin for nothing. |