hearsay rule :: legal definition

Related Law Terms

abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
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.
action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
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
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession
admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay
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
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
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
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
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."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
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
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
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
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
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
bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire
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
bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors.
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
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
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
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
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
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.
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
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
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
compound question :: n. the combination of more than one question into ... rate questions. See also: objection
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling.
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
conservatee :: n. a person whom a court has determined because of ... and the like. See also: conservator
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
consortium :: n. 1) a group of separate businesses or business p ... oney terms is a difficult question.
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
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
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
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
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-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
credibility :: n. whether testimony is worthy of belief, based on ... jective. See also: credible witness
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket."
deceit :: n. dishonesty, fraudulent conduct, false statement ... . See also: fraud misrepresentation
declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration
declaration :: n. 1) any statement made, particularly in writing. ... blic. See also: affidavit declarant
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
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
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 examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
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
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000.
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state.
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.
dying declaration :: n. the statement of a mortally injured person who ... as no reason not to tell the truth.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
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
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
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
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
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
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent.
forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture
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.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
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
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property."
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
in absentia :: (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for ... tin Bormann, Hitler's closest aide.
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."
incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney.
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
incriminate :: v. to make a statement in which one admits that he ... d to information which would be so.
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee
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
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
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
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time.
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
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
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 custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence
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
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
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
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence
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
leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection
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 liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
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.
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.
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution.
material witness :: n. a person who apparently has information about t ... e. See also: material trial witness
matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped.
mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration
minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all.
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
mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
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 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
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. 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
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
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-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
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
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
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
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
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again.
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
peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision.
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
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.
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
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 hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney.
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 estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
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
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
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.
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
records :: n. in business, particularly corporations, all the ... s to the "records" of the business.
recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal
refresh one's memory :: v. to use a document, exhibit or previous testimon ... it is genuine). See also: testimony
registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment.
reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation
reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander
residence :: n. 1) the place where one makes his/her home. Howe ... f incorporation. See also: resident
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
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
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
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
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
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.
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
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
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent
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 of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs).
sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case.
subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
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
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
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
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
will :: n. a written document which leaves the estate of t ... will and testament probate testator
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness
work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney.
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.