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Dictionary of Law |
descent :: legal definitionDescent - n. the rules of inheritance established by law in cases in which there is no will naming the persons to receive the possessions of a person who has died. The rules of descent vary somewhat from state to state and will usually be governed by the law of the state in which the deceased party lived. Depending on which relatives survive, the estate may go all or in part to the surviving spouse, and down the line from a parent to children (or if none survive, to grandchildren), or up to surviving parents, or collaterally to brothers and sisters. If there are no survivors among those relatives, then aunts, uncles, cousins, nieces and nephews may inherit, depending on their degree of kinship (closeness of family relationship), state laws of descent and distribution, or whether the deceased person lived in a community property state, in which the wife has a survivorship right to community property. See also: community property degree of kinship descent and distribution inheritance intestate succession and Related Law Terms ↓ Related Law Termsabduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnappingabeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. ad 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 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 adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction 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 articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills. 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 Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy 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 canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. chattel :: n. an item of personal property which is movable, ... ments). See also: personal property chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support 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. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. community property :: n. property and profits received by a husband and ... and distribution separate property confidential communication :: n. certain written communications which can be kep ... privilege privileged communication conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian 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 contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark 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. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available. descent and distribution :: n. the system of laws which determine who will inh ... nt inheritance intestate succession devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. dower :: n. an old English common law right of a widow to o ... t and distribution widow's election ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation 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 ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted. exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. 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 indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. inherit :: v. to receive all or a portion of the estate of an ... intestacy intestate succession will inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will intestate succession :: n. the distribution when a person dies without lea ... sion. See also: intestacy intestate invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. 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 legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution 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 not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property :: n. anything that is owned by a person or entity. P ... rty real property separate property property damage :: n. injury to real or personal property through ano ... l value. See also: damages property quasi community property :: n. in community property states, property acquired ... : community property palimony quasi real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use 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 self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide 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 service of process :: n. the delivery of copies of legal documents such ... by publication substituted service 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 state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident 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 substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery title :: n. 1) ownership of real property or personal prope ... ink slip real property title search toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor 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 - DD.A. :: n. slang for District Attorney. ... n. slang for District Attorney.d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol. D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children). damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes. death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds. |