|
|
|
|
Dictionary of Law |
motion for dismissal :: legal definitionMotion for dismissal - (non-suit) n. application by a defendant in a lawsuit or criminal prosecution asking the judge to rule that the plaintiff (the party who filed the lawsuit) or the prosecution has not and cannot prove its case. Attorneys most often make this motion after the plaintiff or prosecutor has presented all the evidence they have, but they can make it at the end of the evidence presentation but before judgment or upon evidence being presented that proves to the judge that the defendant cannot lose. Quite often this is an oral motion, and arguments are made in the judge's chambers where the jury cannot hear. It is also sometimes called a motion for nonsuit. See also: motion 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.actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal evidence :: n. every type of proof legally presented at trial ... material object objection relevant examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child. 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 insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence 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 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 marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case process :: n. in law, the legal means by which a person is re ... service of process subpena summons promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll summons :: n. a document issued by the court at the time a la ... use service service of process writ suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest 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 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 - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder 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 malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime 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 mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder |