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Dictionary of Law |
opinion :: legal definitionOpinion - n. the explanation of a court's judgment. When a trial court judgment is appealed to a court of appeals, the appeals judge's opinion will be detailed, citing case precedents, analyzing the facts, the applicable law and the arguments of the attorneys for the parties. Those opinions considered by the court to be worthy of serving as a precedent or involving important legal issues will be published in the official reports available in most law libraries. Since appeals courts have anywhere from three to nine judges, there are often "dissenting opinions" which disagree with the majority opinion, and "concurring opinions" which agree with the result, but apply different emphasis, precedents or logic to reach the determination. Normally the majority opinion identifies the author, but some brief opinions are labeled "in banc" (by the bench) or "per curiam" (by the court) in which the author is not specified. Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act 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 appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal 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 attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity 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 brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction 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 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 of equity :: n. originally in English common law and in several ... also: chancery court of law equity court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading 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. 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 examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing 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. harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing 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 international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute 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 mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing 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 presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error 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 sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals 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 Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax 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 de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant 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 - OO.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizanceO.S.C. :: n. short for order to show cause. See also: order ... ause. See also: order to show cause oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain obligation :: n. a legal duty to pay or do something. ... legal duty to pay or do something. obligee :: (ah-bluh-jee) n. the person or entity to whom an o ... ne to be paid on a promissory note. obligor :: (ah-bluh-gore) n. the person or entity who owes an ... who must pay on a promissory note. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant |