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Dictionary of Law |
self-defense :: legal definitionSelf-defense - n. the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. Self-defense is a common defense by a person accused of assault, battery or homicide. The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force. Examples: an unarmed man punches Allen Alibi, who hits the attacker with a baseball bat. That is legitimate self-defense, but Alibi cannot chase after the attacker and shoot him or beat him senseless. If the attacker has a gun or a butcher knife and is verbally threatening, Alibi is probably warranted in shooting him. Basically, appropriate self-defense is judged on all the circumstances. Reasonable force can also be used to protect property from theft or destruction. Self-defense cannot include killing or great bodily harm to defend property, unless personal danger is also involved, as is the case in most burglaries, muggings or vandalism. See also: assault homicide and Related Law Terms ↓ Related Law Termsabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonmentabandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping 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. 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 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 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 Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. booby trap :: n. a device set up to be triggered to harm or kill ... protect one's property is a crime. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence 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 common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. controlled substance :: n. a drug which has been declared by federal or st ... those who have used the substances. conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. 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. 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 domestic violence :: n. the continuing crime and problem of the physica ... ravated assault assault and battery double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. duress :: n. the use of force, false imprisonment or threats ... pardoned by President Jimmy Carter. 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 equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law 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. forcible entry :: n. the crime of taking possession of a house or ot ... ce after having come in peacefully. 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 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. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. 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 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 injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ 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 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 and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court justifiable homicide :: n. a killing without evil or criminal intent, for ... me. See also: homicide self-defense lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will 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 life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright 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 misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft 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 no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea 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 own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn 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 prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement process :: n. in law, the legal means by which a person is re ... service of process subpena summons product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence 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 protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify. proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence 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 spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax 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 trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will 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 - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |