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Dictionary of Law |
class action :: legal definitionClass action - n. a lawsuit filed by one or more people on behalf of themselves and a larger group of people "who are similarly situated." Examples might include: all women who have suffered from defective contraceptive devices or breast implants, all those overcharged by a public utility during a particular period, or all those who were underpaid by an employer in violation of the Fair Labor Standards Act. If a class action is successful, a period of time is given for those who can prove they fit the class to file claims to participate in the judgment amount. Class actions are difficult and expensive to file and follow through, but the results can be helpful to people who could not afford to carry a suit alone. They can force businesses that have caused broad damage or have a "public be damned" attitude to change their practices and/or pay for damages. They often result in high fees for the winning attorneys, although often attorneys do not collect a fee at the beginning of a class action suit but might charge a contingent fee (such as one-third of the final judgment), which, occasionally, can be millions of dollars. Such fees usually require court approval. Related Law Termsactionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecutionactual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. 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. class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition 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 confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. 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 cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy 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 libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice 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 motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion 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. palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court 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 similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit 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 toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. 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 wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. 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. |