Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

statute of limitations :: legal definition


Statute of limitations - n. a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim. The periods vary by state. Federal statutes set the limitations for suits filed in federal courts. If the lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is forever dead (barred). The types of cases and statute of limitations periods are broken down among: personal injury from negligence or intentional wrongdoing, property damage from negligence or intentional wrongdoing, breach of an oral contract, breach of a written contract, professional malpractice, libel, slander, fraud, trespass, a claim against a governmental entity (usually a short time), and some other variations. In some instances a statute of limitations can be extended ("tolled") based on delay in discovery of the injury or on reasonable reliance on a trusted person (a fiduciary or confidential adviser who has hidden his/her own misuse of someone else's funds or failure to pay). A minor's right to bring an action for injuries due to negligence is tolled until the minor turns 18 (except for a claim against a governmental agency). There are also statutes of limitations on bringing criminal charges, but homicide generally has no time limitation on prosecution. The limitations (depending on the state) generally range from 1 to 6 years except for in Rhode Island, which uses 10 years for several causes of action. Louisiana has the strictest limitations, cutting off lawsuit rights at one year for almost all types of cases except contracts. California also has short periods, usually one year, with two years for most property damage and oral contracts and four years for written contracts. There are also statutes of limitations on the right to enforce a judgment, ranging from five to 25 years, depending on the state. Some states have special requirements before a lawsuit can be filed, such as a written warning to a physician in a claim of malpractice, making a demand upon a state agency and then waiting for the claim to be denied or ignored for a particular period, first demanding a retraction before filing a libel suit, and other variations. Vermont protects its ski resorts by allowing only one year for filing a lawsuit for injuries suffered in a skiing accident as an exception to that state's three-year statute of limitations for other personal injuries.

See also: demurrer laches toll and Related Law Terms ↓


Related Law Terms

abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer
account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt
accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach).
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
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
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
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
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
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
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
assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property.
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
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 examination :: n. the examination given in each state by either t ... n that district. See also: attorney
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust
bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
booby trap :: n. a device set up to be triggered to harm or kill ... protect one's property is a crime.
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline.
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
chattel :: n. an item of personal property which is movable, ... ments). See also: personal property
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
child :: n. 1) a person's natural offspring. 2) a person 14 ... almost all states. See also: minor
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
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 :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
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.
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
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
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
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
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
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
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
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.
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners.
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 of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done.
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
counterpart :: n. in the law of contracts, a written paper which ... rent localities. See also: contract
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
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
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
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
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
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note
demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available.
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
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
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
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.
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
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
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
express contract :: n. a contract in which all elements are specifical ... e circumstances. See also: contract
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts.
felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence
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
firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage.
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars.
governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
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
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee
guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
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 personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander
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
installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
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.
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history.
intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
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
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
just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit
justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test.
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
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
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
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
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
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
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations
limited jurisdiction :: n. courts' authority over certain types of cases s ... value. See also: court jurisdiction
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
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
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.
loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages
loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
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
Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison.
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
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
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
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
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
notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer
notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner.
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items.
partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership
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.
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability
personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty
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
pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
preemption :: n. the rule of law that if the federal government ... cs control may parallel each other.
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
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.
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
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
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
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
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
reasonable time :: n. in contracts, common custom in the business or ... a contract using such a vague term.
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
reliance :: n. acting upon another's statement of alleged fact ... able. See also: reasonable reliance
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site."
repudiation :: n. denial of the existence of a contract and/or re ... also: anticipatory breach contract
reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander
request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding.
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
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
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
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
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
silent partner :: n. a non-legal term for an investor who puts money ... partner limited partnership partner
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
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 circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
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
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
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 :: n. a federal or state written law enacted by the C ... and proclamations are not statutes.
strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
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.
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate.
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
term :: n. 1) in contracts or leases, a period of time, su ... nancy" is one term for "occupancy."
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
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.
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act
transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel.
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s.
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
voidable :: adj. capable of being made void. Example: a contra ... ot necessarily void. See also: void
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
will :: n. a written document which leaves the estate of t ... will and testament probate testator
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.

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.

Other Law Terms - S

said :: 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