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Dictionary of Law |
consumer protection laws :: legal definitionConsumer protection laws - n. almost all states and the federal government have enacted laws and set up agencies to protect the consumer (the retail purchasers of goods and services) from inferior, adulterated, hazardous or deceptively advertised products, and deceptive or fraudulent sales practices. Federal statutes and regulations govern mail fraud, wholesome poultry and meat, misbranding and adulteration of food and cosmetics, truth in lending, false advertising, the soundness of banks, securities sales, standards of housing materials, flammable fabrics, and various business practices. The Magnuson-Moss Act (1973) sets minimum standards for product warranties, makes a company that financed the sale responsible for product defects, and creates liability (financial responsibility) for "implied" warranties (when the circumstances show that a warranty of lack of defects was intended) as well as express (specific) warranties. Mail fraud may include fake contests, "low-ball" price traps (bait and switch), supposed credit for referrals of your friends, phoney home improvement loans with huge final payments, and swamp land sales. Some states' laws regulate and give some protection against high-pressure door-to-door sales, false labeling, unsolicited merchandise, abusive collection practices, misleading advertising and referral and promotional sales. Almost all states have agencies set up to actively protect the consumer. See also: bait and switch fraud implied warranty product liability securities and Related Law Terms ↓ Related Law Termsacknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit 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." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant 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 bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit. bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." 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 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. breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. caveat emptor :: (kah-vee-ott emptor) Latin for "let the buyer bewa ... See also: consumer protection laws chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody 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. civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. 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. commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon 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 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 controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. 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. criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence 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 deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure 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 discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? environmental law :: n. a body of state and federal statutes intended t ... imental effects on the environment. 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 fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. home rule :: n. the power of a local city or county to set up i ... state funds for local improvements. immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage 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 juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty 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 advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution 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 living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney 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 Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine 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. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. 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 property :: n. anything that is owned by a person or entity. P ... rty real property separate property prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. resale :: n. selling again, particularly at retail. 2) adj. ... ction of sales tax on retail sales. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separate property :: n. in community property states (California, Texas ... pouse. See also: community property 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 shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process 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 tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax 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 tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax. 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. |