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Dictionary of Law |
recoupment :: legal definitionRecoupment - n. the right of a defendant in a lawsuit to demand deduction from the amount awarded to plaintiff (party bringing the suit) of a sum due the defendant from the plaintiff in the transaction which was the subject of the lawsuit. Example: Laura Landlord sues Tillie Tenant for nonpayment of rent, Tenant is entitled to deduct a deposit made at the commencement of the lease, or an amount Landlord received from re-renting the apartment before the lease expired. A recoupment is not the same as an "offset" (setoff), which can be money owed from any matter, including outside the lawsuit. Related Law Termsattachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachmentbill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant holdover tenancy :: n. the situation when a tenant of real estate cont ... to a lawsuit for unlawful detainer. joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence lessee :: n. the person renting property under a written lea ... lord and tenant lease lessor tenant lessor :: n. the owner of real property who rents it to a le ... lord and tenant lease lessee tenant liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence month-to-month :: adj. referring to a tenancy in which the tenant pa ... e also: landlord and tenant tenancy motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion 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 proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset sublease :: n. the lease to another of all or a portion of pre ... and sublease. See also: lease rent summons :: n. a document issued by the court at the time a la ... use service service of process writ tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice 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 - Rrace to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgageRacketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses. racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia"). 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 ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property. ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective. ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract. real estate :: n. land, improvements and buildings thereon, inclu ... the future. See also: real property real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. 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 realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities. reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence |