Dictionary of Law
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domicile :: legal definition


Domicile - n. the place where a person has his/her permanent principal home to which he/she returns or intends to return. This becomes significant in determining in what state a probate of a dead person's estate is filed, what state can assess income or inheritance taxes, where a party can begin divorce proceedings, or whether there is "diversity of citizenship" between two parties which may give federal courts jurisdiction over a lawsuit. Where a person has several "residences" it may be a matter of proof as to which is the state of domicile. A business has its domicile in the state where its headquarters is located.


Related Law Terms

abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
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.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
community property :: n. property and profits received by a husband and ... and distribution separate property
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
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.
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
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
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
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
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
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
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
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
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
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
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
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 of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal 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 - D

D.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.