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Dictionary of Law |
shortening time :: legal definitionShortening time - n. an order of the court in response to the motion of a party to a lawsuit which allows setting a motion or other legal matter at a time shorter than provided by law or court rules. Shortening time is usually granted when the time for trial or some other court action is approaching and a hearing must be heard promptly by the judge. Example: the local rules require that a party give the other side 10 days' notice before a hearing. A hearing on adding a witness to the expert list would be useless unless heard in five days, since the trial is set to be called in nine days. The court may shorten the time to schedule the hearing to five days, provided the notice is served within 24 hours. Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial." admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. 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. attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment 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 bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense 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 conditional bequest :: n. in a will, a gift which will take place only if ... rries." See also: bequest executory contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party 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 criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief 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 deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment 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 foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default 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 Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial 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 intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint 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 kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion move :: v. to make a motion in court applying for a court ... r judgment. See also: motion movant nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate 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 pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. 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 proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. 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. speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court 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 statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness 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 tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." 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. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. 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 - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |