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Dictionary of Law |
error :: legal definitionError - n. a mistake by a judge in procedure or in substantive law, during a hearing, upon petitions or motions, denial of rights, during the conduct of a trial (either granting or denying objections), on approving or denying jury instructions, on a judgment not supported by facts or applicable law or any other step in the judicial process. If a majority of an appeals court finds an error or errors which affect the result, or a denial of fundamental rights such as due process, the higher court will reverse the lower court's error in whole or in part (the entire judgment or a part of it), and remand (send it back) with instructions to the lower court. Appeals courts often find errors which have no prejudicial effect on the rights of a party and are thus harmless error. See also: harmless error remand and Related Law Terms ↓ 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 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 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 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 case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). 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 rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination 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 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 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 declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss dower :: n. an old English common law right of a widow to o ... t and distribution widow's election due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. 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 excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974). first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. 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 international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint 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 judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree 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 fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. 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 marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission modification :: n. a change in an existing court order or judgment ... terms of child support and custody. moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed 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 nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. 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 possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. 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. proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion 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 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 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 reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error 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. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure 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 toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. 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. 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 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 - Eearnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.easement :: n. the right to use the real property of another f ... rstandings at the time of creation. egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress." EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution. element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust. emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate. emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held. emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment |