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Dictionary of Law |
complaint :: legal definitionComplaint - n. the first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another. The party filing the complaint is usually called the plaintiff and the party against whom the complaint is filed is called the defendant or defendants. Complaints are pleadings and must be drafted carefully (usually by an attorney) to properly state the factual as well as legal basis for the claim, although some states have approved complaint forms which can be filled in by an individual. A complaint also must follow statutory requirements as to form. For example, a complaint must be typed on a specific type of paper or on forms approved by the courts, name both the party making the claim and all defendants, and should state what damages or performance is demanded (the prayer). When the complaint is filed, the court clerk will issue a summons, which gives the name and file number of the lawsuit and the address of the attorney filing the complaint, and instructs the defendant that he/she/it has a specific time to file an answer or other response. A copy of the complaint and the summons must be served on a defendant before a response is required. Under a unique statute, New York allows a summons to be served without a complaint. A complaint filing must be accompanied by a filing fee payable to the court clerk, unless a waiver based on poverty is obtained. See also: answer caption in forma pauperis pleading prayer service of process summons and Related Law Terms ↓ Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. 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 administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). 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 amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. 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 appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. 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 attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. 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. attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge 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 law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count 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 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 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 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. continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract 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 cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party 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 creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate 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 cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company. damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages 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 default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure. 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. dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction 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 estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. 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 first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. 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 friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward 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 hold harmless :: n. a promise to pay any costs or claims which may ... e other party agrees to cover them. hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness in haec verba :: (in hike verb-ah)prep. Latin for "in these words," ... ading. See also: complaint pleading in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction 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 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 information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury 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 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 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 intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection 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. 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 judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party 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 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 laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft 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 leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono 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 lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. 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 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. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion 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 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 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 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 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 objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement 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 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 party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead 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 preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. 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. pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." 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 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 prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. 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. rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. 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. request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. 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 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 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 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 satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process service of process :: n. the delivery of copies of legal documents such ... by publication substituted service setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset 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 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. solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in 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 summons :: n. a document issued by the court at the time a la ... use service service of process writ 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 tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence 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. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction will :: n. a written document which leaves the estate of t ... will and testament probate testator 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 - CC.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial. call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned. calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again. cancellation :: cancel ... cancel caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States. canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note. capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will. capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange capital investment :: capital expenditure ... capital expenditure capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets. |