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Dictionary of Law |
peremptory challenge :: legal definitionPeremptory challenge - n. the right of the plaintiff and the defendant in a jury trial to have a juror dismissed before trial without stating a reason. This challenge is distinguished from a "challenge for cause" (reason) based on the potential juror admitting bias, acquaintanceship with one of the parties or their attorney, personal knowledge about the facts, or some other basis for believing he/she might not be impartial. The number of peremptory challenges for each side will differ based on state law, the number of parties to a case, and whether it is a civil or criminal trial. The usual phrasing used by lawyers exercising the challenge is "Juror number seven may be excused." See also: challenge for cause jury voir dire and Related Law Terms ↓ Related Law Termsacknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade 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 Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. 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 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 consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment 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 consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract 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 court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed 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 directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories 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 divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support 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. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest 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 insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire 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 jury panel :: n. the list from which jurors for a particular tri ... may be chosen. See also: juror jury jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury 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 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 limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages 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. 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 misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence 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. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error 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 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 sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale 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. speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll stock certificate :: n. printed document which states the name, incorpo ... . See also: corporation share stock stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. 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 - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain 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 pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |