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Dictionary of Law |
straw man :: legal definitionStraw man - n. 1) a person to whom title to property or a business interest is transferred for the sole purpose of concealing the true owner and/or the business machinations of the parties. Thus, the straw man has no real interest or participation but is merely a passive stand-in for a real participant who secretly controls activities. Sometimes a straw man is involved when the actual owner is not permitted to act, such as a person with a criminal record holding a liquor license. 2) an argument which is intended to distract the other side from the real issues or waste the opponent's time and effort, sometimes called a "red herring" (for the belief that drawing a fish across a trail will mislead hunting dogs). Related Law Termsafter-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transactionbailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor corporation :: n. an organization formed with state governmental ... ation public corporation securities d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee easement :: n. the right to use the real property of another f ... rstandings at the time of creation. estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will 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 general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution. mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. property :: n. anything that is owned by a person or entity. P ... rty real property separate property 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 title :: n. 1) ownership of real property or personal prope ... ink slip real property title search trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade 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 |