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Dictionary of Law |
omission :: legal definitionOmission - n. 1) failure to perform an act agreed to, where there is a duty to an individual or the public to act (including omitting to take care) or where it is required by law. Such an omission may give rise to a lawsuit in the same way as a negligent or improper act. 2) inadvertently leaving out a word, phrase or other language from a contract, deed, judgment or other document. If the parties agree that the omission was due to a mutual mistake, the document may be "reformed," but this may require a petition for a court order making the correction if it had been relied upon by government authorities or third parties. See also: breach of contract negligence reformation and Related Law Terms ↓ Related Law Termsacceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offerapparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant property damage :: n. injury to real or personal property through ano ... l value. See also: damages property proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence requirements contract :: n. a contract between a supplier (or manufacturer) ... produces. See also: output contract save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance 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 - OO.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizanceO.S.C. :: n. short for order to show cause. See also: order ... ause. See also: order to show cause oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum 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 obligation :: n. a legal duty to pay or do something. ... legal duty to pay or do something. obligee :: (ah-bluh-jee) n. the person or entity to whom an o ... ne to be paid on a promissory note. obligor :: (ah-bluh-gore) n. the person or entity who owes an ... who must pay on a promissory note. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant |