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Dictionary of Law |
precedent :: legal definitionPrecedent - 1) n. a prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment. Thus, "the rule in Fishbeck v. Gladfelter is precedent for the issue before the court in this case." The doctrine that a lower court must follow a precedent is called stare decisis 2) adj. before, as in the term "condition precedent," which is a situation which must exist before a party to a contract has to perform. See also: stare decisis and Related Law Terms ↓ Related Law Termsabortion :: 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. 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 advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit 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." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant 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 authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent 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 brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent 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 common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons 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 court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. 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 in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest 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 issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. 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 juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent 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 lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights 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 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. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection 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. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). 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 record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court 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 settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle 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 summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues 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. |