|
|
|
|
Dictionary of Law |
appearance :: legal definitionAppearance - n. the act of a party or an attorney showing up in court. Once it is established that an attorney represents the person (by filing a notice of appearance or representation or actually appearing), the lawyer may make an appearance for the client on some matters without the client being present. An attorney makes a "special appearance" when he/she is appearing only for the purpose of what is before the court that day-such as arraignment of one charged with a crime. If an attorney makes a "general appearance" he or she is telling the court that the client is definitely his or hers and the court can proceed. In the future that attorney will be required to represent the client. Some appearances are voluntary, but most are compulsory and are by notice to the party or, if represented, to his/her attorney. There are variations on appearance rules in states, federal courts, local court procedures, and according to the desires of particular judges. See also: appear general appearance special appearance and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. 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. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." 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 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 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 attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. 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 bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody 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 clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. 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 contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction 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 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. cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons 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 default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail 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 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 general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ 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 joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman 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 justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge 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 paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff 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 process :: n. in law, the legal means by which a person is re ... service of process subpena summons promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site." 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. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department. special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages special master :: n. a person appointed by the court to carry out an ... ting to the judge. See also: master special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll 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 substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney. 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 - Aa fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod." ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio." abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment 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 abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support. abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot." absolute :: adj. complete, and without condition. ... j. complete, and without condition. abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court. abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien |