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Dictionary of Law |
estoppel :: legal definitionEstoppel - n. a bar or impediment (obstruction) which precludes a person from asserting a fact or a right or prevents one from denying a fact. Such a hindrance is due to a person's actions, conduct, statements, admissions, failure to act or judgment against the person in an identical legal case. Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel). See also: collateral estoppel equitable estoppel estop laches and Related Law Terms ↓ Related Law Termsabeyance :: 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. action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem 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. amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. 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 bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action collateral estoppel :: n. the situation in which a judgment in one case p ... ng. See also: estoppel res judicata complaint :: n. the first document filed with the court (actual ... g prayer service of process summons constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive 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 default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon 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 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. joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). 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 legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs." 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 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 notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent process :: n. in law, the legal means by which a person is re ... service of process subpena summons promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title 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. service :: n. 1) paid work by another person, either by contr ... ersonal services service of process state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness 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 trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract 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 - Eearnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.easement :: n. the right to use the real property of another f ... rstandings at the time of creation. egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress." EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution. element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust. emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate. emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held. emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment |