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Dictionary of Law |
conflict of law :: legal definitionConflict of law - n. a situation in which both state and federal laws or courts, or laws of more than one state, are applicable to a potential lawsuit or interpretation of a document and seem to be inconsistent or in conflict. The plaintiff's attorney's first problem is to decide in what state or federal court the lawsuit should be filed. This can apply to a dead person's estate with property in several states, when people earn income in several states, are involved in business in several states, or violate both state and federal laws in one scheme. Also to be considered is the issue of federal preemption, which may dictate that the federal statutes have been given a monopoly on the subject (pre-empted the field) and that a federal court must try the case, but that it will apply the laws of the state where the controversy arose. See also: forum preemption and Related Law Terms ↓ Related Law Termsabduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnappingad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem 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 advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant 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 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 bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent 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 civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law 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. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff 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 consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. corporation :: n. an organization formed with state governmental ... ation public corporation securities count :: n. each separate statement in a complaint which st ... also: cause of action common counts court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court of equity :: n. originally in English common law and in several ... also: chancery court of law equity court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. 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 error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court 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 interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate 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 justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court 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 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. long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing 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. maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. 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 proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto 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 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 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 settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction 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. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. 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 will :: n. a written document which leaves the estate of t ... will and testament probate testator 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 - CC.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial. call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned. calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again. cancellation :: cancel ... cancel caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States. canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note. capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will. capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange capital investment :: capital expenditure ... capital expenditure capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets. |