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Dictionary of Law |
child custody :: legal definitionChild custody - n. a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. While a divorce is pending the court may grant temporary custody to one of the parents, require conferences or investigation (in some states, if the parents cannot agree, custody is automatically referred to a mediator, commissioner or social worker) before making a final ruling. There is a difference between physical custody, which designates where the child will actually live, and legal custody, which gives the custodial person(s) the right to make decisions for the child's welfare. If the parents agree, the court can award joint custody, physical and/or legal. Joint legal custody is becoming increasingly common. The basic consideration on custody matters is supposed to be the best interests of the child or children. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The court can always change custody if circumstances warrant. See also: child support custody divorce joint custody and Related Law Terms ↓ Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.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 adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence 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. advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade 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 arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration 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's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. 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 bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry. Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. 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. case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices. child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence 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 conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract 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 counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint 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 criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence cruelty :: n. the intentional and malicious infliction of phy ... ruel and unusual punishment divorce damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. domestic relations :: n. a polite term for the legal field of divorce, d ... port and alimony. See also: divorce 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. emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. 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 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 excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim). file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. foster child :: n. a child without parental support and protection ... local government or a state agency. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. 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 impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in loco parentis :: prep. (in loh-coh pah-rent-iss) Latin for "instead ... 5, if and when he needs legal help. in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest 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 insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy 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 issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. 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 joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party 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 juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent 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 law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce 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 limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights 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 for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court 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 damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea 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 nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. 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. 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 proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape 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 remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. 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 right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court self-executing :: adj. immediately effective without further action, ... party the right to try to collect. separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation service of process :: n. the delivery of copies of legal documents such ... by publication substituted service sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. 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 special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights 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 statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape 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 supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy 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 trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. will :: n. a written document which leaves the estate of t ... will and testament probate testator wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). 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 - CC.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial. call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned. calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again. cancellation :: cancel ... cancel caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States. canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note. capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will. capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange capital investment :: capital expenditure ... capital expenditure capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets. |