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Dictionary of Law |
record :: legal definitionRecord - 1) v. (ree-cored) to put a document into the official records of a county at the office of the County Recorder or Recorder of Deeds. The process is that the document is taken or sent to the Recorder's office, a recording fee paid, the document is given a number (a document number, volume or reel number and page number), stamped with the date (and usually the time) of recording and then in most modern offices, microfilmed and the document returned a short time later. Normally recorded is any document affecting title to real property such as a deed, deed of trust, mortgage, reconveyance, release, declaration of homestead, easement, judgment, lien, request for notice of default, foreclosure, satisfaction of judgment, decree of distribution of a dead person's estates and sometimes long-term leases. These recordings provide a traceable chain of title to the property and give the public "constructive" notice of all interests in the property. In most states if there is more than one document affecting the property (such as two deeds, two mortgages, or a judgment and mortgage), the first one recorded has "seniority" and first claim on the property in what is called a "race to the courthouse." 2) v. to write down or tape the minutes, financial transactions, discussions and other happenings at meetings. 3) n. (reck-urred) in trials, hearings or other legal proceedings the total of the proceedings which are transcribed by a court reporter and included in the minutes of the clerk or judge, as well as all the documents filed in the case. On an appeal, the record includes everything that transpired before the appeal, upon which the written briefs (opposing legal arguments) and oral argument are based. On appeal the court can consider only the record, unless there is a claim of "newly discovered evidence." See also: appeal deed deed of trust hearing mortgage proceeding race to the courthouse trial and Related Law Terms ↓ Related Law Termsabeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien abstract of title :: n. the written report on a title search which show ... e also: chain of title title report abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge." administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. 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 appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant 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 of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove. authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. caption :: n. the first section of any written legal pleading ... to the exact format of the caption. case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense clear title :: n. holding ownership of real property without any ... s which might affect the ownership. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney. cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report 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 community property :: n. property and profits received by a husband and ... and distribution separate property competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition conditional bequest :: n. in a will, a gift which will take place only if ... rries." See also: bequest executory condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark corporation :: n. an organization formed with state governmental ... ation public corporation securities court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. 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 criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance defect :: n. an imperfection, quite often so great that the ... See also: defective defective title defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. 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 encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. 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 forgery :: n. 1) the crime of creating a false document, alte ... See also: counterfeit forger fraud fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action 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 incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. information :: n. an accusation or criminal charge brought by the ... Jury indictment 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 inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding 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 interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain 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 custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence 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 jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution 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. 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 long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. 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 minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. modification :: n. a change in an existing court order or judgment ... terms of child support and custody. 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 new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court 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 not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing 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 precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings." 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 public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. 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 race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage 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. reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule 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 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 separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage 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 summons :: n. a document issued by the court at the time a la ... use service service of process writ supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." title :: n. 1) ownership of real property or personal prope ... ink slip real property title search title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance title search :: n. the examination of county records for the prope ... e escrow lien title title insurance toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor 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 verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant will :: n. a written document which leaves the estate of t ... will and testament probate testator witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. 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 |