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Dictionary of Law |
bifurcate :: legal definitionBifurcate - v. the order or ruling of a judge that one issue in a case can be tried to a conclusion or a judgment given on one phase of the case without trying all aspects of the matter. A typical example is when the judge will grant a divorce judgment without hearing evidence or making a ruling on such issues as division of marital property, child custody or spousal support (alimony). Thus the parties can be free of each other promptly while still fighting over other issues at their leisure. In a negligence case when the question of responsibility (liability) is clearly in doubt or rests on some legal technicality, the court may bifurcate the issues and hear evidence on the defendant's liability and decide that issue before going ahead with a trial on the amount of damages. If the court rules there is no liability, then the amount of damages is meaningless and further trial is necessary. See also: bifurcation and Related Law Terms ↓ Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis 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 arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bifurcation :: n. the act of a judge in dividing issues before a ... on the other issue. (See bifurcate brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. 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 conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction 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. criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand evidence :: n. every type of proof legally presented at trial ... material object objection relevant ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony 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 finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. 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 hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection 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 insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict 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 justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate 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 malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial modification :: n. a change in an existing court order or judgment ... terms of child support and custody. 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 for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal 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 nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain 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 police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege 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 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 reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence 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 remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent res judicata :: : (rayz judy-cot-ah) n. Latin for "the thing has b ... djudicata. See also: res adjudicata reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court 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 search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. 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. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance 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 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 supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. 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 testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness 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. ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will 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 - BBachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctorback-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing. bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit. balance due :: n. the amount of a debt still owed on an account o ... cipal due without further interest. balance sheet :: n. the statement of the assets and the liabilities ... ctivity and health of the business. 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 court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys. |