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Dictionary of Law |
supra :: legal definitionSupra - (sooh-prah) Latin for "above," in legal briefs and decisions it refers to the citation of a court decision which has been previously mentioned. Thus a case when first cited will be referred to as Guinn v. United States, (1915) 238 U.S. 347, meaning it can be found in volume 238 of the U.S. Reports (of the Supreme Court) at page 347 and was decided in 1915. The next time the case is cited as Guinn v. United States, supra. Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent 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 calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices. child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities. civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence 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 contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint 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 Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. 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 extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing infra :: prep. Latin for "below," this is legal shorthand t ... e document. See also: citation cite interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery 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 jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. 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. 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 rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court service of process :: n. the delivery of copies of legal documents such ... by publication substituted service Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll 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 unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens will :: n. a written document which leaves the estate of t ... will and testament probate testator 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 - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |