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Dictionary of Law |
but for rule :: legal definitionBut for rule - n. one of several tests to determine if a defendant is responsible for a particular happening. In this test, was there any other cause, or would it have occurred "but for" the defendant's actions? Example: "But for" defendant Drivewild's speeding, the car would not have gone out of control, and therefore the defendant is responsible. This is shorthand for whether the action was the "proximate cause" of the damage. See also: proximate cause and Related Law Terms ↓ Related Law Termsamended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrerbail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge 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 demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort process :: n. in law, the legal means by which a person is re ... service of process subpena summons proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues summons :: n. a document issued by the court at the time a la ... use service service of process writ superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens 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. |