Dictionary of Law

fraud :: legal definition

Fraud - n. the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. Quite often there are several persons involved in a scheme to commit fraud and each and all may be liable for the total damages. Inherent in fraud is an unjust advantage over another which injures that person or entity. It includes failing to point out a known mistake in a contract or other writing (such as a deed), or not revealing a fact which he/she has a duty to communicate, such as a survey which shows there are only 10 acres of land being purchased and not 20 as originally understood. Constructive fraud can be proved by a showing of breach of legal duty (like using the trust funds held for another in an investment in one's own business) without direct proof of fraud or fraudulent intent. Extrinsic fraud occurs when deceit is employed to keep someone from exercising a right, such as a fair trial, by hiding evidence or misleading the opposing party in a lawsuit. Since fraud is intended to employ dishonesty to deprive another of money, property or a right, it can also be a crime for which the fraudulent person(s) can be charged, tried and convicted. Borderline overreaching or taking advantage of another's naivet(c) involving smaller amounts is often overlooked by law enforcement, which suggests the victim seek a "civil remedy" (i.e., sue). However, increasingly fraud, which has victimized a large segment of the public (even in individually small amounts), has become the target of consumer fraud divisions in the offices of district attorneys and attorneys general.

See also: constructive fraud exemplary damages extrinsic fraud fraud in the inducement fraudulent conveyance intrinsic fraud and Related Law Terms ↓

Related Law Terms

abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abeyance :: 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.
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
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
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay
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 party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
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."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
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
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
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.
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
chattel :: n. an item of personal property which is movable, ... ments). See also: personal property
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation
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
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation
condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
constructive fraud :: n. when the circumstances show that someone's acti ... been proven. See also: constructive
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
corporation :: n. an organization formed with state governmental ... ation public corporation securities
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander
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
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
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.
due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
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
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
extinguishment :: n. the cancellation or destruction of a right, qui ... urther money or performance is due.
extortion :: n. obtaining money or property by threat to a vict ... . See also: blackmail robbery theft
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale
franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax.
future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage.
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
highway :: n. any public street, road, turnpike or canal whic ... rivilege and not an absolute right.
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
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.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
intrinsic fraud :: n. an intentionally false representation (lie) whi ... ts. See also: extrinsic fraud fraud
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
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
just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit
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.
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
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
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging.
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
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
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs."
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
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
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
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
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
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
possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
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
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
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best.
public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
self-executing :: adj. immediately effective without further action, ... party the right to try to collect.
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
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
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
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
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
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
treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
will :: n. a written document which leaves the estate of t ... will and testament probate testator
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.

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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 - F

face amount :: n. the original amount due on a promissory note or ... rein, without calculating interest.
face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value."
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result.
failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract
failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants.
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest
false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft
family :: n. 1) husband, wife and children. 2) all blood rel ... ting this economic and social unit.
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
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.
Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts.
fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple