Dictionary of Law
Founded: 2064
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar
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
bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution.
bill of exchange :: n. a writing by a party (maker or drawer) ordering ... awn on a bank account is a "check."
bill of sale :: n. a written statement attesting to the transfer ( ... ther provisions. See also: contract
bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery.
due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights.
color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket.
civil action :: n. any lawsuit relating to civil matters and not c ... inal prosecution. See also: lawsuit
civil penalties :: n. fines or surcharges imposed by a governmental a ... s, failure to obtain a permit, etc.
civil code :: n. in many states, the name for the collection of ... negligence lawsuits and practices.
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states.
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
civil liability :: n. potential responsibility for payment of damages ... ans open to punishment for a crime.
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
boycott :: n. organized refusal to purchase products or patro ... e laws. See also: secondary boycott
fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning
meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
proprietary rights :: n. those rights which go with ownership of real pr ... hip of real property or a business.
marital rights :: n. an old-fashioned expression for the rights of a ... also: consortium loss of consortium
unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s.
riparian rights :: n. the right of the owner of the land forming the ... elled away from its natural course.
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
bill :: n. 1) what is commonly called a "check" by which t ... ions, which is falling into disuse.
assignment for benefit of creditors :: n. a method used for a debtor to work out a paymen ... ar basis to pay the debtor's bills.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
offer :: n. a specific proposal to enter into an agreement ... es the contract. See also: contract
offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror).
certificate of deposit (CD) :: n. a document issued by a bank in return for a dep ... D before the pledged time runs out.
offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country.
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
clear and convincing evidence :: n. evidence that proves a matter by the "preponder ... See also: beyond a reasonable doubt
code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute
ordinary course of business :: n. conduct of business within normal commercial cu ... rmal commercial customs and usages.
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal.
offeror :: n. a person or entity who makes a specific proposa ... t. See also: contract offer offeree
change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule
official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official
official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated.
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
battery :: n. the actual intentional striking of someone, wit ... e also: assault assault and battery
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt
next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor
time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract
assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable.
transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss.
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation
Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states.
obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime.
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury
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
offense :: n. a crime or punishable violation of law of any t ... type or magnitude. See also: crime
statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud
statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party.
case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline.
notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice
indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence
breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach
breach of trust :: n. 1) any act which is in violation of the duties ... ise or confidence. See also: breach
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty
state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident
concealment :: n. fraudulent failure to reveal information which ... lawsuit for fraud. See also: fraud
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession
power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer.
power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power.
degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent
rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies").
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff
declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts.
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
creditor's rights :: n. the field of law dealing with the legal means a ... also: creditor debt debtor judgment
firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer
plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading
deceit :: n. dishonesty, fraudulent conduct, false statement ... . See also: fraud misrepresentation
replevin :: n. under common law, the right to bring a lawsuit ... se of action" for all civil wrongs.
police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing
registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record
failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract
entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments.
equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000.
professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation
proffer :: v. to offer evidence in a trial. ... v. to offer evidence in a trial.
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
dowry :: n. from the days when a groom expected to profit f ... sts in the Civil Code of Louisiana.
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation
principal place of business :: n. location of head office of a business where the ... business to the Secretary of State.
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
ex officio :: a (ex oh-fish-ee-oh)dj. Latin for "from the office ... ne is president of the corporation.
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint
ex delicto :: (ex dee-lick-toe)adj. Latin for a reference to som ... ns which were civil wrongs (torts).
restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust
four corners of an instrument :: n. the term for studying an entire document to und ... solve an ambiguity in its language.
guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator
party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
assault and battery :: n. the combination of the two crimes of threat (as ... damages. See also: assault battery
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition
shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case
out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear.
sexual harassment :: n. unwanted sexual approaches (including touching, ... emale employees. See also: nuisance
sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder
heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax
course of employment :: adj. actively involved in a person's employment at ... Acts. See also: scope of employment
return of service :: n. written confirmation under oath by a process se ... ee also: service service of process
counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
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
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity
court of equity :: n. originally in English common law and in several ... also: chancery court of law equity
Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark
cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done.
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
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
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
certificate of incorporation :: n. document which some states issue to prove a cor ... the articles are sufficient proof.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury
loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages
youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent
life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence.
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration
writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment
limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.
agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation
writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution
justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test.
assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress.
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne
military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate
abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
conjugal rights :: n. a spouse's so-called "rights" to the comforts a ... r") in a special room or apartment.
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure
matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped.
privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case."
admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence
cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party
misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony
amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon
treasury bill :: n. a promissory note issued in multiples of $10,00 ... e also: treasury bond treasury note
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages
articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence
admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation.
letter of credit :: n. a document issued by a bank guaranteeing to pro ... ong-distance business transactions.
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment
loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages
true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
confrontation :: n. 1) fight or argument. 2) the right of a crimina ... s. See also: Bill of Rights witness
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
winding up :: n. liquidating the assets of a corporation or part ... ration cy pres doctrine partnership
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract
commercial law :: n. all the law which applies to the rights, relati ... . See also: Uniform Commercial Code
cohabitation :: n. living together in the same residence, generall ... xual relationships as cohabitation.
common stock :: n. stock in a corporation in which dividends (payo ... oration preferred stock share stock
common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate
class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action
majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority
age of consent :: n. See also: legal age majority ... n. See also: legal age majority
breach of the peace :: n. any act which disturbs the public or even one p ... g inappropriately. See also: breach
law of the land :: n. a slang term for existing laws. ... n. a slang term for existing laws.
law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law
security interest :: n. generic term for the property rights of a lende ... : deed of trust lien mortgage UCC-1
passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
professional negligence :: n. See also: malpractice ... n. See also: malpractice
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership
failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants.
self-incrimination :: n. making statements or producing evidence which t ... nda warning rights taking the Fifth
findings of fact :: n. See also: finding ... n. See also: finding
self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities.
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
stay of execution :: n. a court-ordered delay in inflicting the death p ... g the death penalty. See also: stay
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
endorsement :: (indorsement)n. 1) the act of the owner or payee s ... te. See also: negotiable instrument
priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse").
endorse (indorse) :: v. 1) to sign one's name to the back of a check, b ... or candidate. See also: endorsement
drawer :: n. the person who signs a bill of exchange. See al ... xchange. See also: bill of exchange
et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism.
draw :: v. 1) to prepare any document. 2) specifically to ... signed a bill of exchange or check.
drawee :: n. the party who is to be paid on a bill of exchan ... r check. See also: bill of exchange
ex rel. :: conj. abbreviation for Latin ex relatione, meaning ... . Archie Johnson v. Hardy Products.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
desertion :: n. the act of abandoning, particularly leaving one ... tody and other post-marital issues.
devolution :: n. 1) the transfer of title to real property by th ... nment to another. See also: devolve
devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself.
exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title.
FOB :: 1) adj. short for free on board, meaning shipped t ... cost. 2) Friend of Bill (Clinton).
for value received :: prep. a phrase used in a promissory note, a bill o ... hout stating what that payment was.
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
draft :: 1) n. a bill of exchange or check in which one par ... s. See also: bill of exchange check
tortfeasor :: n. a person who commits a tort (civil wrong), eith ... : joint tortfeasors negligence tort
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer
account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt
tortious :: adj. referring to an act which is a tort (civil wr ... tort (civil wrong). See also: tort
assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property.
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
dower :: n. an old English common law right of a widow to o ... t and distribution widow's election
dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
expropriation :: n. a taking of property or rights by governmental ... the taker. See also: eminent domain
recourse :: n. the right to demand payment to the writer of a ... e. See also: bill of exchange check
restrictive endorsement :: n. an endorsement signed on the back of a check, n ... indorsement." See also: endorsement
rider :: n. 1) an attachment to a document which adds to or ... sic bill has support. 3) passenger.
police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes.
per capita :: adj. Latin for "by head," meaning to be determined ... ivided equally among those persons.
declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
payment in due course :: n. the giving of funds to the holder of a promisso ... nds. See also: holder in due course
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
reservation :: n. a provision in a deed which keeps (reserves) to ... reserves lot 5." See also: reserve
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money.
special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages
person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party
forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
payable on demand :: adj. a debt on a promissory note or bill of exchan ... e (party to whom the debt is owed).
decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources.
defraud :: v. to use deceit, falsehoods or trickery to obtain ... longing to another. See also: fraud
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
liquidate :: v. to sell the assets of a business, paying bills ... other investors. See also: wind up
joint venture :: n. an enterprise entered into by two or more peopl ... s terminated. See also: partnership
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
holder :: n. a general term for anyone in possession of prop ... older in due course promissory note
make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note
maturity :: n. 1) the date when the payment of the principal a ... exchange legal age promissory note
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
or :: conj. either; in the alternative. It is often vita ... n," both must sign to change title.
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal.
negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check
negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument
treasury note :: n. a promissory note issued by the U.S. Treasury, ... e also: treasury bill treasury bond
evasion of tax :: n. the intentional attempt to avoid paying taxes t ... rs. See also: estate tax income tax
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
intestate succession :: n. the distribution when a person dies without lea ... sion. See also: intestacy intestate
natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state.
intrinsic fraud :: n. an intentionally false representation (lie) whi ... ts. See also: extrinsic fraud fraud
affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws.
landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant
third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary.
third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary
minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
in loco parentis :: prep. (in loh-coh pah-rent-iss) Latin for "instead ... 5, if and when he needs legal help.
ingress :: 1) n. entrance. 2) n. the right to enter. 3) v. th ... property. See also: easement egress
beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust
asset :: n. generally any item of property that has monetar ... ill and rights to market a product.
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder
interrogation :: n. questioning of a suspect or witness by law enfo ... the poisonous tree Miranda warning
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
civil liberties :: n. rights or freedoms given to the people by the F ... nment. See also: civil civil rights
pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer
negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date.
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis."
predecease :: v. to die before someone else, as "if my brother, ... estate I give to his son, Eugene."
preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy
minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all.
preferred dividend :: n. a payment of a corporation's profits to holders ... of stock. See also: preferred stock
preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock
preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock
preemption :: n. the rule of law that if the federal government ... cs control may parallel each other.
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
precatory :: adj. referring to a wish or advisory suggestion wh ... lutely prevent her from selling it.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person.
possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder.
non-contiguous :: adj. referring to two or more parcels of real prop ... l property which are not connected.
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn
plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant
plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision.
pilferage :: n. a crime of theft of little things, usually from ... ipments or baggage. See also: theft
pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation
picketing :: n. standing or parading near a business or governm ... es or threats to the public safety.
pimp :: n. a person who procures a prostitute for customer ... also: pander panderer prostitution
pink slip :: n. 1) slang for official automobile registration c ... being fired or laid off from a job.
plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement
piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured.
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene
post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail.
next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem
premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure
mining claim :: n. a description by boundaries of real property in ... g within a specific period of time.
net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax
net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate
post mortem :: n. Latin for "after death," an examination of a de ... alled an autopsy. See also: coroner
metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn.
nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
possess :: v. to own, have title to, occupy, physically hold ... ng the estate. See also: possession
posse comitatus :: (pahs-see coh-mitt-tah-tus) n. from Latin for "pos ... group is called a posse for short.
nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
mesne :: : (mean, with a silent s) adj. from Norman French ... e profits." See also: mesne profits
no fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime.
proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings."
misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony
moot :: adj. 1) unsettled, open to argument or debatable, ... st. See also: moot court moot point
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
misfeasance :: n. management of a business, public office or othe ... n of the law. See also: malfeasance
monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered.
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
process server :: n. a person who serves (delivers) legal papers in ... table. See also: service of process
moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot
moot point :: n. 1) a legal question which no court has decided, ... f academic interest. See also: moot
pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today."
pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title.
pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative
probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege
monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade
prohibition :: n. forbidding an act or activity. A court order fo ... icial. See also: injunction mandate
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
mitigating circumstances :: n. in criminal law, conditions or happenings which ... ity heat of passion Twinkie defense
mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission
property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax
proprietor :: n. the owner of anything, but particularly the own ... siness operated by that individual.
misrepresentation :: n. the crime of misstating facts to obtain money, ... etenses." See also: false pretenses
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
promotional stock :: n. stock issued in a newly formed corporation and ... assets or money. See also: promoter
molestation :: n. the crime of sexual acts with children up to th ... of rape. See also: pedophilia rape
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
modus operandi :: (mode-us ah-purr-and-ee or ah-purr-and-eye) n. fro ... es to disguise a fraudulent scheme.
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
promoter :: n. a person who puts together a business, particul ... y effort and not by assets or cash.
pro forma :: 1) prep. Latin for "as a matter of form," the phra ... se in annual sales or 6% inflation.
moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant.
prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition.
primogeniture :: n. from Latin for "first born," the ancient rule f ... oes not exist in the United States.
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone).
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege
prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
prerogative writ :: n. an historic generic term for any writ (court or ... ls or another court. See also: writ
presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir
multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder
prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction.
privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
privilege :: n. a special benefit, exemption from a duty, or im ... rson, a group or a class of people.
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
moratorium :: n. 1) any suspension of activity, particularly vol ... to normal activities and earnings.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
private parts :: n. men's or women's genitalia, excluding a woman's ... duction and/or sale of pornography.
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
mirror wills :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
misadventure :: n. a death due to unintentional accident without a ... me. See also: homicide manslaughter
private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance
prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse.
merchantable :: adj. a product of a high enough quality to make it ... taminated or flawed. See also: sale
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution.
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
owner :: n. one who has legal title or right to something. ... ke one a legal owner. See also: own
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
market value :: n. the price which a seller of property would rece ... ich are often called "comparables."
master :: n. 1) employer, in the area of law known as "maste ... ter and servant respondeat superior
loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages
participate :: v. to invest and then receive a part or share, as ... he estate of a person who has died.
material witness :: n. a person who apparently has information about t ... e. See also: material trial witness
partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict
partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property.
occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption
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.
partial disability :: n. the result of an injury which permanently reduc ... erson's normal functioning is gone.
partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items.
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
master and servant :: n. the body of law, including statutes and legal d ... lso: employment respondeat superior
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach.
parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again.
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract
omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will.
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint
opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument
on file :: prep. having been formally filed with the clerk of ... eading is "on file." See also: file
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction
Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison.
overcharge :: v. 1) to charge more than a posted or advertised p ... osecutor to intimidate the accused.
output contract :: n. an agreement in which a producer agrees to sell ... h it may have to store away a glut.
lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:."
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
manifest :: 1) adj., adv. completely obvious or evident. 2) n. ... ritten list of goods in a shipment.
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will.
outbuilding :: n. a structure not connected with the primary resi ... arn, cabana, pool house or cottage.
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy
occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant
performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
perform :: v. 1) to fulfill one's obligations under a contrac ... court order. See also: performance
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note
meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion.
perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will
loiter :: v. to linger or hang around in a public place or b ... kenness or being a public nuisance.
per se :: (purr say) adj. Latin for "by itself," meaning inh ... e statement. See also: libel per se
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs."
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel.
permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license
non-feasance :: n. the failure of an agent (employee) to perform a ... . See also: malfeasance misfeasance
non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust
personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons
mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code
permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards.
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed."
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts
permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction
mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce
permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
per diem :: adj. or n. Latin for "per day," it is short for pa ... or fees of an employee or an agent.
per curiam :: adj. Latin for "by the court," defining a decision ... dentified as the specif- ic author.
patent pending :: n. often abbreviated to "pat. pend." or "pat. pend ... yet been granted. See also: patent
patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent
patent ambiguity :: n. an obvious inconsistency in the language of a w ... the language of a written document.
oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury
paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement.
O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance
payable :: 1) adj. referring to a debt which is due. A debt m ... liabilities (debts) of a business.
pawn :: v. to pledge an item of personal property as secur ... nsed by the state. See also: pledge
obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum
mayhem :: 1) n. the criminal act of disabling, disfiguring o ... so: aggravated assault assault maim
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
may :: v. a choice to act or not, or a promise of a possi ... sion or regulation. See also: shall
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
party wall :: n. a wall shared by two adjoining premises which i ... the property of one of the parties.
passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts.
passion :: n. See also: heat of passion ... n. See also: heat of passion
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
payment in full :: n. the giving of all funds due to another. This la ... ee accepts the payment as complete.
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job.
peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence.
noxious :: adj. harmful to health, often referring to nuisanc ... alth, often referring to nuisances.
penitentiary :: n. a state or federal prison in which convicts are ... mission of major crimes (felonies).
per :: prep. from Latin for "by means of" or simply, "by" ... (by day) or "per capita" (by head).
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner.
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers
peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy.
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment.
peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order
nugatory :: adj. of no force or effect; invalid. Example: a st ... unconstitutional is a nugatory law.
peculation :: n. misappropriation of public (government) funds o ... roperty. See also: misappropriation
pedophilia :: n. an obsession with children as sex objects. Over ... also: molestation pornography rape
McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning
petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing.
repair :: v. to restore to former condition or in some contr ... tching to temporarily halt leaking.
swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury
swindle :: v. to cheat through trick, device, false statement ... orm of theft. See also: fraud theft
suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence
survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy
surrogate :: n. 1) a person acting on behalf of another or a su ... or probates, estates and adoptions.
syndicate :: n. a joint venture among individuals and/or corpor ... l dissolve. See also: joint venture
tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax.
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination
take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object.
surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials.
surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument
sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house."
suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit
suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
surcharge :: n. an additional charge of money made because it w ... for being late in making a payment.
supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue.
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause
tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax
tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes.
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
testatrix :: n. female form of testator, although distinguishin ... out of fashion. See also: testator
testator :: n. a person who has written a will which is in eff ... me of his/her death. See also: will
Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service
three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
title abstract :: n. a history of the chain of title. See also: abst ... chain of title. See also: abstract
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence
tide lands :: n. land between the high and low tides, which is u ... ch fronts on the sea at that point.
testamentary trust :: n. a trust created by the terms of a will. Example ... vivos trust living trust trust will
testamentary disposition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy
tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
term :: n. 1) in contracts or leases, a period of time, su ... nancy" is one term for "occupancy."
testamentary capacity :: n. having the mental competency to execute a will ... lso: competent undue influence will
tenure :: n. 1) in real property, the right to possess the p ... e a probationary period has passed.
tentative trust :: n. a bank account deposited in the name of the dep ... hdrawn at any time. See also: trust
tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer
sui generis :: (sooh-ee jen-ur-iss) n. Latin for "one of a kind," ... Latin for "one of a kind," unique.
successive sentences :: n. in criminal law, the imposition of the penalty ... uld be 15 years. See also: sentence
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow
spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent
state :: n. 1) the federal or state government and any of i ... d States. 3) a nation's government.
stipulation :: n. an agreement, usually on a procedural matter, b ... g, signed and filed with the court.
stock :: 1) n. inventory (goods) of a business meant for sa ... siness. See also: share shareholder
stay :: n. a court-ordered short-term delay in judicial pr ... r case. See also: stay of execution
statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
spendthrift clause :: n. a provision in a trust or will that states that ... tly to Junior. See also: trust will
special master :: n. a person appointed by the court to carry out an ... ting to the judge. See also: master
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding
specific bequest :: n. the gift in a will of a certain article to a ce ... ce, Sophie." See also: bequest will
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
specific legacy :: n. a gift in a will of a certain article or proper ... ecific bequest specific devise will
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
specific devise :: n. the gift in a will of a certain piece of real e ... ther, David." See also: devise will
stock certificate :: n. printed document which states the name, incorpo ... . See also: corporation share stock
stock in trade :: n. the inventory of merchandise held for sale. ... ntory of merchandise held for sale.
subpoena :: n. the original spelling of subpena, still commonl ... e also: subpena subpena duces tecum
subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness
subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination
subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee
subscribe :: v. 1) to sign at the end of a document. The courts ... r periodical magazine or newspaper.
substitution :: n. putting one person in place of another, in part ... See also: substitution of attorney
succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
substitute in :: v. to take over a case from another lawyer, which ... See also: substitution of attorney
substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance
subordination :: n. allowing a debt or claim which has priority to ... . See also: subordination agreement
submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted.
strict construction :: (narrow construction) n. interpreting the Constitu ... See also: constitution construction
strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur
straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs).
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
stock option :: n. the right to purchase stock in the future at a ... hares. See also: option share stock
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case.
sublease :: n. the lease to another of all or a portion of pre ... and sublease. See also: lease rent
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien
subchapter S corporation :: n. the choice by a small corporation to be treated ... ing attorney. See also: corporation
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained.
ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian
waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive
waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver
voting trust :: n. a trust which solicits vote proxies of sharehol ... ation proxy shareholder stockholder
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers.
wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain
watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock
waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents.
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
voidable :: adj. capable of being made void. Example: a contra ... ot necessarily void. See also: void
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
vendor :: n. a seller, particularly of real property. ... ler, particularly of real property.
vendee :: n. a buyer, particularly of real property. ... yer, particularly of real property.
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment.
viz :: prep. to wit, or namely. Example: "There were seve ... d broken windows." See also: to wit
vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante.
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband.
widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will
National Labor Relations Board :: n. an independent regulatory commission created in ... see union and organizing elections.
pendente lite :: (pen-den-tay lee-tay) adj. Latin for awaiting the ... enforced until the lawsuit is over.
mutual :: adj., adv. referring to anything in which both par ... rights, understanding or agreement.
inter se :: (in-tur say)prep. Latin for "among themselves," me ... or only to the trustees as a group.
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
power :: n. the right, authority and ability to take some a ... g legal rights and many other acts.
public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly
tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty
vest :: v. to give an absolute right to title or ownership ... . See also: vested vested remainder
substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure
self-executing :: adj. immediately effective without further action, ... party the right to try to collect.
quasi in rem :: adj. referring to a legal action which is primaril ... See also: in personam in rem quasi
zoning :: n. a system of developing a city or county plan in ... овской гарантии . wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation
wind up :: v. to liquidate (sell or dispose of) assets of a c ... r partnership. See also: winding up
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
will :: n. a written document which leaves the estate of t ... will and testament probate testator
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness
writ :: n. a written order of a judge requiring specific a ... ntity to whom the writ is directed.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).
World Court :: n. the Court of International Justice, founded by ... rd and to be bound by the decision.
Workmen's Compensation :: n. a former name for worker's compensation before ... isex title of the acts was adopted.
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract
vagrancy :: n. moving about without a means to support oneself ... ue of "loitering." See also: loiter
trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages
treaty :: n. a pact between nations which, if entered into b ... ation and not enforceable treaties.
treasury stock :: n. stock of a private corporation which was issued ... be entitled. See also: share stock
triple net lease :: n. a lease in which the lessee's (tenant's) rent i ... ers and malls. See also: lease rent
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
trustee in bankruptcy :: n. a person appointed by a bankruptcy court to sup ... f the debtors. See also: bankruptcy
trustor :: n. the creator of a trust (who normally places the ... ern states. See also: settlor trust
trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor
trust fund :: n. the principal (called the corpus) of a trust, m ... ccumulated profits. See also: trust
trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust
treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition
transfer agent :: n. a person or company retained by a corporation t ... stockbroker. See also: share stock
tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act
trade :: 1) n. a business or occupation for profit, particu ... rade fixture trade secret trademark
tontine :: n. a rare agreement among several persons who agre ... e the remaining assets and profits.
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade
trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel.
trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney.
trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name
trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade
turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence.
Twinkie defense :: n. a claim by a criminal defendant that at the tim ... rder. See also: diminished capacity
uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages.
unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1
unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax
unlawful :: adj. referring to any action which is in violation ... on, or established legal precedents
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
uxor :: n. Latin for "wife." In deeds and documents the te ... man and not worthy of being named.
vacate :: v. 1) for a judge to set aside or annul an order o ... of real estate and cease occupancy.
usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
UCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states.
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal
underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite
underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter
under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
recovery :: n. the amount of money and any other right or prop ... ceived by a plaintiff in a lawsuit.
recusal :: n. the act of a judge or prosecutor being removed ... other good reason. See also: recuse
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
records :: n. in business, particularly corporations, all the ... s to the "records" of the business.
recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal
redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
refresh one's memory :: v. to use a document, exhibit or previous testimon ... it is genuine). See also: testimony
referendum :: n. the process by which the repeal or approval of ... ter signatures on a petition filed.
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
redemption :: n. the act of redeeming, buying back property by p ... ts of foreclosure. See also: redeem
recording acts :: n. the statutes of each state which established th ... ecorders of Deeds. See also: record
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
receipt :: n. a written and signed acknowledgment by the reci ... the estate of someone who has died.
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
recapture :: n. in income tax, the requirement that upon sale o ... capital gains. See also: income tax
rebuttable presumption :: n. since a presumption is an assumption of fact ac ... a redundancy. See also: presumption
reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease
receivership :: n. the process of appointment by a court of a rece ... n receivership." See also: receiver
recidivist :: n. a repeat criminal offender, convicted of a crim ... victed. See also: habitual criminal
reckless driving :: n. operation of an automobile in a dangerous manne ... it. See also: reckless wet reckless
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
reckless :: adj. in both negligence and criminal cases, carele ... so: careless negligent wet reckless
reciprocity :: n. mutual exchange of privileges between states, n ... any large states refuse to give it.
reciprocal discovery :: n. the exchange of documents, lists of witnesses, ... n before trial. See also: discovery
register :: n. in corporations, the record of shareholders, an ... corporation. See also: corporation
registration statement :: n. a detailed report to be filed with the Securiti ... See also: blue sky laws prospectus
reorganization :: n. the implementation of a business plan to restru ... also: bankruptcy corporation merger
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
renunciation :: n. 1) giving up a right, such as a right of inheri ... renunciation is factually too late.
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
rent :: 1) v. to hire an object or real property for a per ... ice. See also: lease month-to-month
repeal :: 1) v. to annul an existing law, by passage of a re ... n. the act of annulling a statute.
reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent
reprieve :: n. a temporary delay in imposition of the death pe ... commutation of sentence or pardon.
repudiation :: n. denial of the existence of a contract and/or re ... also: anticipatory breach contract
representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site."
representation :: n. 1) the act of being another's agent. 2) acting ... ns or in court. See also: represent
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
renewal :: n. keeping an existing arrangement in force for an ... ction which evidences the new term.
removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment.
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection
release :: 1) v. to give up a right as releasing one from his ... the writing that grants a release.
rehearing :: n. conducting a hearing again based on the motion ... the judge or agency was just wrong.
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
reliance :: n. acting upon another's statement of alleged fact ... able. See also: reasonable reliance
reliction :: n. gradual change of water line on real property w ... more dry land. See also: accretion
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment
reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander
public nuisance :: n. a nuisance which affects numerous members of th ... y the neighbors. See also: nuisance
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
public property :: n. property owned by the government or one of its ... l public. See also: common property
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud
putative :: adj. commonly believed, supposed or claimed. Thus ... not the last will of the deceased.
publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander
public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain
public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best.
public charge :: n. a general term for an indigent, sick or severel ... be taken care of at public expense.
public benefit corporation :: n. a term used in some states for a nonprofit comm ... ts and Lions. See also: corporation
protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify.
protest :: 1) v. to complain in some public way about any act ... dishonored (not paid by the bank).
prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute
prostitute :: n. a person who receives payment for sexual interc ... also: pander panderer prostitution
prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock
prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof
provisional remedy :: n. a generic term for any temporary order of a cou ... ing. See also: temporary injunction
public :: 1) n. the people of the nation, state, county, dis ... lands and public and private roads.
public administrator :: n. a county official with the responsibility to ha ... ian is available. See also: probate
prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee
proxy :: n. 1) someone who is authorized to serve in one's ... d members and convention delegates.
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed.
quash :: v. to annul or set aside. In law, a motion to quas ... s when the wrong person was served.
ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia").
race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal
rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective.
reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities.
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws
quo warranto :: (kwoh wahr-rahn-toe) n. the name for a writ (order ... ticles). See also: corporation writ
quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi
quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi
quasi corporation :: n. a business which has operated as a corporation ... poration de facto corporation quasi
quasi contract :: n. a situation in which there is an obligation as ... fulfilled. See also: contract quasi
quasi community property :: n. in community property states, property acquired ... : community property palimony quasi
Queen's Bench :: n. 1) the highest court in Great Britain during th ... include close to 50 percent women.
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance
quid pro quo :: : (kwid proh kwoh) n. Latin for "something for som ... this deal?" See also: consideration
reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander
request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding.
sequestration :: n. the act of a judge issuing an order that a jury ... during trial). See also: sequester
servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
separation :: n. married persons living apart, either informally ... gal separation separation agreement
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service by FAX :: n. delivery of legal documents required by statute ... ee also: service service of process
session :: n. 1) a meeting (or "sitting") of a court for a pa ... pring Term" or the "October Term").
setting :: n. the action of a court, clerk or commissioner in ... g a trial or hearing. See also: set
servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
senior lien :: n. the first security interest (lien or claim) pla ... rtgage race to the courthouse UCC-1
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape
securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock
secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1
secret rebate :: n. a kickback of money by a business to a "preferr ... h a secret rebate. See also: rebate
seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized
seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
sell :: v. to transfer possession and ownership of goods o ... of equivalent value. See also: sale
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act.
seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant
settle :: v. to resolve a lawsuit without a final court judg ... rior to trial. See also: settlement
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
sign :: v. 1) to write one's signature on a document, incl ... language. See also: mark subscribe
silent partner :: n. a non-legal term for an investor who puts money ... partner limited partnership partner
sidebar :: n. 1) physically, an area in front of or next to t ... See also: approach the bench bench
show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits
sine qua non :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.
Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department.
solitary confinement :: n. the placement of a prisoner in a federal or sta ... as "cruel and unusual punishment."
solicitation :: n. the crime of encouraging or inducing another to ... xual acts for pay. See also: pander
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
sheriff's sale :: n. an auction sale of property held by the sheriff ... so: execution forced sale levy writ
share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock.
share and share alike :: adj. referring to the equal division of a benefit ... among the three surviving nephews.
severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge.
several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting
shareholders' agreement :: n. an employment agreement among the shareholders ... re only three or four shareholders.
Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports
sharp practice :: n. actions by a lawyer using misleading statements ... e bar association or by the courts.
shareholders' meeting :: n. a meeting, usually annual, of all shareholders ... ctors corporation proxy shareholder
shareholders' derivative action :: n. a lawsuit by a corporation's shareholders, theo ... gement. See also: derivative action
secondary boycott :: n. an organized refusal to purchase the products o ... state laws and, thus, are illegal.
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder
restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal.
respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal
resolution :: n. a determination of policy of a corporation by t ... nactment of statutes or ordinances.
restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner.
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
retrial :: n. a new trial granted upon the motion of the losi ... al or reversed by an appeals court.
retire :: v. 1) to stop working at one's occupation. 2) to p ... y instructions have been completed.
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
result :: n. common lawyer lingo for outcome of a lawsuit. ... yer lingo for outcome of a lawsuit.
resisting arrest :: n. the crime of using physical force (no matter ho ... referred to merely as "resisting."
residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will
resale :: n. selling again, particularly at retail. 2) adj. ... ction of sales tax on retail sales.
rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission
res judicata :: : (rayz judy-cot-ah) n. Latin for "the thing has b ... djudicata. See also: res adjudicata
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
res gestae :: (rayz jest-tie) n. from Latin for "things done," i ... n those circumstances are reliable.
rescission :: n. the cancellation of a contract by mutual agreem ... t of the parties. See also: rescind
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
resident :: n. a person who lives in a particular place. Howev ... the occupation. See also: residence
residuary bequest :: n. in a will, the gift of whatever is left (the re ... residuary legacy. See also: residue
residence :: n. 1) the place where one makes his/her home. Howe ... f incorporation. See also: resident
reserve fund :: n. a fund of money created to take care of mainten ... associations maintain such a fund.
reserve :: v. to keep for oneself a right or a portion of the ... e to another. See also: reservation
revenue ruling :: n. a published opinion of the Internal Revenue Ser ... evenue ruling. See also: income tax
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
running with the land :: adj. permanently part of the title (ownership) to ... title (ownership) to real property.
running at large :: adj. 1) referring to cattle or other animals which ... om an entire city, county or state.
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
revocation :: n. 1) mutual cancellation of a contract by the par ... c offenses. See also: contract will
revoke :: v. to annul or cancel an act, particularly a state ... oke a license. See also: revocation
revival :: n. 1) requesting a court to reinstate the force of ... e of limitations (the time to sue).
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter
right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy
riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms.
royalty :: n. a percentage of gross or net profit or a fixed ... also: copyright infringement patent
robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft
risk :: n. chances of danger or loss, particularly of prop ... so: assumption of risk risk of loss
riparian :: adj. referring to the banks of a river or stream. ... to the banks of a river or stream.
prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute
interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history.
compounding a felony :: n. when a person injured by a felony (being shot, ... n most jurisdictions it is a crime.
compromise :: 1) n. an agreement between opposing parties to set ... some demands. See also: settlement
compound question :: n. the combination of more than one question into ... rate questions. See also: objection
compound interest :: n. payment of interest upon principal and previous ... See also: interest promissory note
compensation :: n. 1) payment for work performed, by salary, wages ... the damage or by one's own insurer.
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
compromise verdict :: n. a decision made by a jury in which the jurors s ... ning the verdict. See also: verdict
concealed weapon :: n. a weapon, particularly a handgun, which is kept ... ions, arrests or improper activity.
condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation
condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling.
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
company :: n. any formal business entity for profit, which ma ... s a corporation. See also: business
commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
comment :: n. a statement made by a judge or an attorney duri ... e rung, cannot be unrung," applies.
collusion :: n. where two persons (or business entities through ... seball team owners. See also: fraud
collateral descendant :: n. a relative descended from a brother or sister o ... See also: descent and distribution
commission :: n. 1) a fee paid based on a percentage of the sale ... on or the Federal Trade Commission.
common area :: n. in condominium and some cooperative housing pro ... tage of total store space occupied.
community property :: n. property and profits received by a husband and ... and distribution separate property
commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
common carrier :: n. an individual, a company or a public utility (l ... -time-only event. See also: carrier
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge.
consignment :: n. the act of consigning goods to one who will sel ... owner. See also: consign consignee
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
conservatee :: n. a person whom a court has determined because of ... and the like. See also: conservator
consortium :: n. 1) a group of separate businesses or business p ... oney terms is a difficult question.
conspirator :: n. a person or entity who enters into a plot with ... of antitrust laws. (See conspiracy
constructive eviction :: n. when the landlord does not go through a legal e ... e door shut. See also: constructive
constructive fraud :: n. when the circumstances show that someone's acti ... been proven. See also: constructive
constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust
construction :: n. the act of a lawyer or court in interpreting an ... tion. See also: strict construction
constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff
consequential damages :: n. damages claimed and/or awarded in a lawsuit whi ... See also: damages foreseeable risk
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
condone :: v. 1) to forgive, support, and/or overlook moral o ... ition that the sin is not repeated.
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
conditional sale :: n. a sale of property or goods which will be compl ... ng by September 1st. See also: sale
conditional bequest :: n. in a will, a gift which will take place only if ... rries." See also: bequest executory
confidence game :: n. the obtaining of money from others through tric ... t and confidence. See also: swindle
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
conscious parallelism :: n. an undiscussed imitation by a business of a com ... cidence? No, conscious parallelism.
consent :: 1) n. a voluntary agreement to another's propositi ... from contracts to sexual relations.
conscientious objector :: n. a person who refuses to serve in the military d ... ometimes call them "draft dodgers."
confusingly similar :: adj. in the law of trademarks, when a trademark, l ... a of the other. See also: trademark
confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft
collateral attack :: n. a legal action to challenge a ruling in another ... of paternity in the divorce action.
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
cease and desist order :: n. an order of a court or government agency to a p ... ing which would damage the ecology.
certified check :: n. a check issued by a bank which certifies that t ... "clears." See also: cashier's check
caveat emptor :: (kah-vee-ott emptor) Latin for "let the buyer bewa ... See also: consumer protection laws
cause :: from Latin causa 1) v. to make something happen. 2 ... so: cause of action proximate cause
casualty :: n. 1) an accident which could not have been forese ... definition. See also: casualty loss
casualty loss :: n. in taxation, loss due to damage which qualifies ... mage from water seepage or erosion.
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
cestui que trust :: n. (properly pronounced ses-tee kay, but lawyers p ... ust's assets. See also: beneficiary
champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like.
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
capricious :: adv., adj. unpredictable and subject to whim, ofte ... a judge is inconsistent or erratic.
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
careless :: adj., adv. 1) negligent. 2) the opposite of carefu ... See also: care negligence negligent
carnal knowledge :: n. from Latin carnalis for "fleshly:" sexual inter ... tate. See also: rape statutory rape
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
cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws
carrying for hire :: n. the act of transporting goods or individuals fo ... n. See also: carrier common carrier
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
charitable contribution :: n. in taxation, a contribution to an organization ... r the taxes paid. See also: charity
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
clear title :: n. holding ownership of real property without any ... s which might affect the ownership.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
clear and present danger :: n. the doctrine established in an opinion written ... together of a lynch mob (assembly).
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
close corporation :: n. a corporation which is permitted by state law t ... mily members. See also: corporation
closed shop :: n. a business that will hire only union members by ... s their certified bargaining agent.
codify :: v. to arrange and label a system of laws. ... arrange and label a system of laws.
coinsurance :: n. an insurance policy in which the insurance comp ... e insurance company share the risk.
codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will
closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial
closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney.
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices.
chattel :: n. an item of personal property which is movable, ... ments). See also: personal property
charter :: n. the name for articles of incorporation in some ... rate charter. See also: corporation
charity :: n. 1) in general the sentiment of benevolence, doi ... . See also: charitable contribution
child :: n. 1) a person's natural offspring. 2) a person 14 ... almost all states. See also: minor
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities.
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
cite :: v. 1) to make reference to a decision in another c ... police officer). See also: citation
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
churning :: n. the unethical and usually illegal practice of e ... f obtaining high sales commissions.
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust
deception :: n. the act of misleading another through intention ... ent actions. See also: deceit fraud
decide :: v. for a judge, arbitrator, court of appeals or ot ... rding to the law as he/she sees it.
deceased :: 1) adj. dead. 2) n. the person who has died, as us ... ore genteel word is the "decedent."
debtor :: n. 1) a person or entity that owes an amount of mo ... the "debtor." See also: bankruptcy
debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds.
debt :: n. 1) a sum of money due to another. 2) obligation ... mount owed. See also: common counts
decision :: n. judgment, decree or determination of findings o ... (court). See also: decree judgment
declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration
deduction :: n. an expenditure which an income tax payer may su ... dded together, reduce the tax owed.
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment
declaration :: n. 1) any statement made, particularly in writing. ... blic. See also: affidavit declarant
death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty
death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes.
Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals
cy pres doctrine :: n. (see-pray doctrine) from French, meaning "as cl ... ey among several S.P.C.A. chapters.
custody :: n. 1) holding property under one's control. 2) law ... inor child. See also: child custody
curtesy :: n. in old common law, the right of a surviving hus ... ommunity property dower life estate
cumulative voting :: n. in corporations, a system of voting by sharehol ... eholders with 1,001 or more shares.
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol.
deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon
dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property.
de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis.
de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure
date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape
defalcation :: v. from Latin for "deduction," withholding or misa ... ailing to make a proper accounting.
defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander
demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
demand note :: n. a promissory note which is payable any time the ... allments. See also: promissory note
demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note
delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale
denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial
dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available.
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
depreciate :: v. in accounting, to reduce the value of an asset ... ittle value. See also: depreciation
depose :: v. 1) to ask questions of a witness or a party to ... tion. See also: deponent deposition
deportation :: n. the act of expelling a foreigner from a country ... s usually to the country of origin.
depletion :: n. when a natural resource (particularly oil) is b ... nger be able to make money from it.
delinquent :: 1) adj. not paid in full amount or on time. 2) n. ... the law as in juvenile delinquent.
deliberation :: n. the act of considering, discussing and, hopeful ... ssions, voting and decision-making.
defective :: adj. not being capable of fulfilling its function, ... t. See also: defect defective title
defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective
defect :: n. an imperfection, quite often so great that the ... See also: defective defective title
defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs.
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense :: n. 1) a general term for the effort of an attorney ... tiff. See also: affirmative defense
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
delegate :: 1) v. to assign authority to another. 2) n. a pers ... tuency, interest group or business.
deliberate :: 1) adj. (dee-lib-er-et) done with care and intenti ... any group including a legislature.
delayed exchange :: n. an exchange of property to put off capital gain ... method and survived an IRS lawsuit.
deficit :: n. a shortage, less than is due, or in the case of ... l of government except the federal.
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
cumulative sentence :: n. when a criminal defendant has been found guilty ... in a five-year term in the example.
cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company.
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed
controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state.
controlled substance :: n. a drug which has been declared by federal or st ... those who have used the substances.
control :: 1) n. the power to direct, manage, oversee and/or ... . to exercise the power of control.
convict :: 1) v. to find guilty of a crime after a trial. 2) ... ted of a felony and sent to prison.
conviction :: n. the result of a criminal trial in which the def ... t has been found guilty of a crime.
copartner :: n. one who is a member of a partnership. The prefi ... hip." See also: partner partnership
coroner :: n. a county official with the responsibility to de ... hology. See also: forensic medicine
cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain
cooperative housing :: n. an arrangement in which an association or corpo ... common area condominium cooperative
cooperative :: n. an association of individual businesses, farmer ... exes. See also: cooperative housing
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners.
contingent beneficiary :: n. a person or entity named to receive a gift unde ... lso: contingent contingent interest
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
contiguous :: adj. connected or "next to", usually meaning adjoi ... ng adjoining pieces of real estate.
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
construe :: v. to determine the meaning of the words of a writ ... s normal, widely accepted meanings.
contingent remainder :: n. an interest, particularly in real estate proper ... contingent interest future interest
continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays.
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
contra :: adj. Latin for "against" or "opposite to". This us ... he rule stated in Keeler v. Beach."
continuing trespass :: n. the repeat-ed unauthorized use of anoth- er's r ... l illegal entry. See also: trespass
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
corporation :: n. an organization formed with state governmental ... ation public corporation securities
crime against nature :: n. an oldfashioned term for sodomy (anal sexual in ... states. See also: bestiality sodomy
criminal :: 1) n. a popular term for anyone who has committed ... so: convict felon habitual criminal
crime :: n. a violation of a law in which there is injury t ... drugs. See also: felony misdemeanor
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
credible witness :: n. a witness whose testimony is more than likely t ... ther factors. See also: credibility
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
criminal law :: n. those statutes dealing with crimes against the ... See also: crime felony misdemeanor
cruelty to animals :: n. the crime of inflicting physical pain, sufferin ... danger of death. See also: cruelty
culpable :: adj. sufficiently responsible for criminal acts or ... ons and thus should take the blame.
cruelty :: n. the intentional and malicious infliction of phy ... ruel and unusual punishment divorce
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
credibility :: n. whether testimony is worthy of belief, based on ... jective. See also: credible witness
covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant
corroborate :: v. to confirm and sometimes add substantiating (re ... l. See also: corroborating evidence
co-trustee :: n. a trustee of a trust when there is more than on ... act alone. See also: trust trustee
corpus juris :: n. the body of the law, meaning a compendium of al ... lanations of the law of that state.
corpus delicti :: n. (corpus dee-lick-tie) Latin for the substantial ... gon, the body of the murder victim.
corpus :: n. 1) Latin for body. 2) the principal (usually mo ... inguished from interest or profits.
counterfeit :: 1) adj. describing a document, particularly money, ... d for real. See also: forgery utter
counterpart :: n. in the law of contracts, a written paper which ... rent localities. See also: contract
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
covenant not to compete :: n. a common provision in a contract for sale of a ... the sales price. See also: covenant
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
court calendar :: n. the list of matters to be heard or set for tria ... ring by a court. See also: calendar
course :: n. in the midst of or actively involved in at that ... se of employment, course of trade."
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
alias :: n. 1) a name used other than the given name of a p ... or a maiden name). See also: a.k.a.
alibi :: n. an excuse used by a person accused or suspected ... which has to be the ultimate alibi.
aleatory :: adj. uncertain; usually applied to insurance contr ... ire damage to his insured building.
agreement :: 1) n. any meeting of the minds, even without legal ... specific terms. See also: contract
aggravated assault :: n. the crime of physically attacking another perso ... in state prison. See also: assault
agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts.
alien :: 1) n. a person who is not a citizen of the country ... 3) v. to convey title to property.
alienation :: n. the transfer of title to real property, volunta ... such as a mortgage. See also: alien
allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation
alluvion :: n. an increase in one's land from soil deposited o ... , bay or ocean. See also: accretion
allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint
all the estate I own :: n. a phrase from a poorly drafted will which means ... he will was written. See also: will
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
adverse interest :: n. a right or concern that is contrary to the inte ... o the interest or claim of another.
advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
affidavit :: n. 1) any written document in which the signer swe ... an affidavit. See also: declaration
after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis
age discrimination :: n. an employer's unfair treatment of a current or ... men. See also: wrongful termination
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense
alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil
alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act).
appraiser :: n. a professional who makes appraisals of the valu ... isal Institute). See also: appraise
appreciate :: v. to increase in value over a period of time thro ... securities. See also: appreciation
appraise :: v. to professionally evaluate the value of propert ... surance claims. See also: appraiser
appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
appreciation :: n. the increase in value through the natural cours ... or additions. See also: appreciate
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs.
argumentative :: adj. the characterization of a question asked by t ... oody glove just walked over there?"
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arbitrary :: adj. not supported by fair or substantial cause or ... d in reference to a judge's ruling.
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522.
American Depository Receipt :: n. called in the banking trade an ADR, it is a rec ... ding the foreign shares themselves.
amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
amortization :: n. a periodic payment plan to pay a debt in which ... payment. See also: promissory note
ancillary administration :: n. administration of an estate's assets in another ... or "subordinate." See also: probate
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
and :: conj. this little word is important in law, partic ... ds "or," but not if it reads "and."
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
adopt :: v. 1) to take on the relationship of parent to chi ... nt in a lawsuit. See also: adoption
accept :: v. to receive something with approval and intentio ... ervice" (delivery) of legal papers.
access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit
acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption
acceleration :: n. 1) speeding up the time when there is vesting ( ... See also: acceleration clause vest
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abut :: v. when two parcels of real property touch each ot ... of real property touch each other.
accessory :: n. a second-string player who helps in the commiss ... responsible. See also: aid and abet
accommodation :: n. 1) a favor done without compensation (pay or co ... ke a deal work. See also: guarantor
accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust
accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach).
accounts receivable :: n. the amounts of money due or owed to a business ... sidering the chances of collection.
accord and satisfaction :: n. an agreement to accept less than is legally due ... h" practicality. See also: novation
accomplice :: n. someone who assists in the commission of a crim ... cipal criminal. See also: accessory
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax.
voluntary bankruptcy :: n. the filing for bankruptcy by a debtor who belie ... kruptcy court. See also: bankruptcy
treasury bond :: n. a long-term bond issued by the U.S. Treasury. S ... e also: treasury bill treasury note
act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial."
accounts payable :: n. bills that are owed. See also: debt ... bills that are owed. See also: debt
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
accusation :: n. 1) in legal terms accusation means officially c ... im of wrongdoing by another person.
acknowledge :: v. 1) generally to admit something, whether bad, g ... recording. See also: acknowledgment
adjusted basis :: n. in accounting, the original cost of an asset ad ... s taxes. See also: basis income tax
administer :: v. 1) to conduct the duties of a job or position. ... lso: administrator executor probate
adjudication :: n. the act of giving a judicial ruling such as a j ... adjudication. See also: bankruptcy
adjourn :: v. the final closing of a meeting, such as a conve ... ater time. See also: recess session
adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge."
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
ademption :: n. the act of adeeming, which is revoking (getting ... gift before death. See also: adeem
action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
acquittal :: n. what an accused criminal defendant receives if ... se) of not guilty. See also: acquit
acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
actual notice :: n. having been informed directly of something or h ... official records). See also: notice
addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently.
adeem :: v. to revoke a gift made in a will by destroying, ... e of my death." See also: ademption
ad valorem :: adj. Latin for "based on value," which applies to ... per parcel. See also: property tax
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
ad hoc :: adj. Latin shorthand meaning "for this purpose onl ... pecially able to argue a key point.
arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract
arraign :: v. to bring a criminal defendant before the court, ... d. See also: appearance arraignment
binder :: n. a written statement of the key terms of an agre ... rance coverage. See also: insurance
blackmail :: n. the crime of threatening to reveal embarrassing ... e to property). See also: extortion
bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry.
bifurcation :: n. the act of a judge in dividing issues before a ... on the other issue. (See bifurcate
bid :: n. an offer to purchase with a specific price stat ... getting the job. See also: contract
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
blank endorsement :: n. endorsement of a check or other negotiable pape ... id. See also: negotiable instrument
blue ribbon jury :: n. a jury selected from prominent, well-educated c ... ight to have a jury of one's peers.
bona fide :: adj. Latin for "good faith," it signifies honesty, ... t doubt on the right to hold title.
bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course
boilerplate :: n., adj. slang for provisions in a contract, form ... favor and/or protect the provider.
boiler room :: n. a telephone bank operation in which fast-talkin ... and in violation of security laws.
blue sky laws :: n. laws intended to protect the public from purcha ... e sky." See also: corporation stock
bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire
BFP :: n. slang for bona fide purchaser, which means some ... ner). See also: bona fide purchaser
belief :: n. convinced of the truth of a statement or allega ... t. See also: information and belief
bench :: n. 1) general term for all judges, as in "the benc ... h court judge sidebar witness stand
beach bum trust provision :: n. a requirement in a trust that a beneficiary can ... live off the trust. See also: trust
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
barrister :: n. in the United States a fancy name for a lawyer ... ome barristers. See also: solicitor
bench warrant :: n. a warrant issued by a judge, often to command s ... appear in court. See also: warrant
beneficial use :: n. the right to enjoy the use of something (partic ... s is held by another. See also: use
bequest :: n. the gift of personal property under the terms o ... e been made). See also: legacy will
best evidence rule :: n. the legal doctrine that an original piece of ev ... ence in a trial. See also: evidence
bequeath :: v. to give personal property under provisions of a ... s of a will. See also: bequest will
benefit :: 1) n. any profit or acquired right or privilege, p ... fit Ken Murray." See also: contract
beneficiary :: n. a broad definition for any person or entity (li ... beneficiary third-party beneficiary
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
booby trap :: n. a device set up to be triggered to harm or kill ... protect one's property is a crime.
buy-sell agreement :: n. a contract among the owners of a business which ... older's interest in the enterprise.
bylaws :: n. the written rules for conduct of a corporation, ... d/or amended. See also: corporation
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
business invitee :: n. a person entering commercial premises for the p ... to the contrary. See also: invitee
business :: n. any activity or enterprise entered into for pro ... pleasure or no particular purpose.
C.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.
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering
burden :: n. anything that results in a restrictive load upo ... perty to reach his home (easement).
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
breaking and entering :: n. 1) the criminal act of entering a residence or ... above. See also: burglary trespass
bottomry :: n. a mortgage contract in which a ship and/or its ... n sell the ship and/or its freight.
book value :: n. a determination of the value of a corporation's ... ssets may be under- or over-valued.
book account :: n. an account of a customer kept in a business led ... or a debt. See also: account stated
bribery :: n. the crime of giving or taking money or some oth ... s which are against company policy.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
bulk sale :: n. the sale of all or a large part of a merchant's ... entories. See also: bulk sales acts
bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors.
bucket shop :: n. an unofficial and usually illegal betting opera ... the stock and commodities markets.
brought to trial :: v. the act of actually beginning a trial, usually ... y or beginning opening statements).
broker :: n. in general, a person who arranges contracts bet ... security ("hocked") at high rates.
barratry :: n. creating legal business by stirring up disputes ... ent he/she has no legitimate claim.
bargain :: n. 1) a mutual agreement or contract between two p ... o: agreement consideration contract
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
attestation :: n. the act of witnessing a signature for the purpo ... or her signature. See also: attest
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attached :: adj. 1) referring to two buildings which are conne ... o: attachment fixture trade fixture
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
attorney at law (or attorney-at-law) :: n. (or attorney-at-law) a slightly fancier way of ... r way of saying attorney or lawyer.
attorney's advertising :: n. the commercials which appear on television or c ... es to handle high volume practices.
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
assured :: n. the person or entity that is insured, often fou ... ance contracts. See also: insurance
assumption :: n. the act of taking over a debt as part of paymen ... secures that debt. See also: assume
arson :: n. the felony crime of intentionally burning a hou ... ath resulting from arson is murder.
article :: n. a paragraph or section of any writing such as e ... or different sections of a statute.
arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant
arrears :: n. money not paid when due, usually the sum of a s ... imes these are called "arrearages."
arraignment :: n. the hearing in which a person charged with a cr ... re taken care of. See also: arraign
as is :: adj. description of a condition in a sales contrac ... es to cancel the "as is" provision.
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
association :: n. any group of people who have joined together fo ... ed, although technically redundant.
assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption
Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court
assignment :: n. the act of transferring an interest in property ... ing with property. See also: assign
assigned risk :: n. a person whose official driving record (acciden ... ed insurance program at high rates.
attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit.
balance due :: n. the amount of a debt still owed on an account o ... cipal due without further interest.
bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment
bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
balance sheet :: n. the statement of the assets and the liabilities ... ctivity and health of the business.
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys.
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property.
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings
bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
authority :: n. permission, a right coupled with the power to d ... rize ostensible authority principal
authorize :: v. to officially empower someone to act. See also: ... someone to act. See also: authority
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
auditor :: n. an accountant who conducts an audit to verify t ... ing any accountant. See also: audit
audit :: n. an examination by a trained accountant of the f ... rmation provided. See also: auditor
avulsion :: n. the change in the border of two properties due ... urg on the other side of the river.
award :: 1) n. the decision of an arbitrator or commissione ... warded $27,000." See also: judgment
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed.
back-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing.
depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated).
depreciation reserve :: n. a business fund in which the probable replaceme ... s obsolete and totally depreciated.
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child.
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney.
incompatibility :: n. the state of a marriage in which the spouses no ... mpatible irreconcilable differences
incompatible :: adj. 1) inconsistent. 2) unmatching. 3) unable to ... ch other. See also: incompatibility
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
incorporate by reference :: v. to include language from another document or el ... uses of Action hereinabove stated."
indemnity :: n. the act of making someone "whole" (give equal t ... or will occur. See also: indemnify
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
indemnify :: v. to guarantee against any loss which another mig ... r harmless. See also: hold harmless
indecent exposure :: n. the crime of displaying one's genitalia to one ... d give the exposer a sexual charge.
incorporation :: n. the act of incorporating an organization. See a ... . See also: corporation incorporate
income tax :: n. a tax on an individual's net income, after dedu ... al government. See also: income tax
incidental beneficiary :: n. someone who obtains a benefit as the result of ... parent. See also: beneficiary trust
in perpetuity :: adj. forever, as in one's right to keep the profit ... rofits from the land in perpetuity.
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved.
in lieu :: prep. instead. "In lieu taxes" are use taxes paid ... go through the foreclosure process.
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
in re :: prep. short for "in regard to" or concerning. Ofte ... e Adoption of Marcus McGillicuddy."
incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses.
inchoate :: adj. or adv. referring to something which has begu ... ract which has not been formalized.
incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent
in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest
in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam
indeterminate sentence :: n. the prison term imposed after conviction for a ... w in the future. See also: sentence
indicia :: n. (in-dish-yah) from Latin for "signs," circumsta ... . See also: circumstantial evidence
insertion :: n. the addition of language at a place within an e ... t unless initialled by all parties.
insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading
insanity defense :: n. the claim of a defendant in a criminal prosecut ... e also: insanity temporary insanity
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner
insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
insured :: n. 1) the person or entity who will be compensated ... s go to others. See also: insurance
insurer :: n. an insurance company which agrees to pay someon ... lled a premium. See also: insurance
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
instruction :: n. an explanation of the law governing a case whic ... fore the jury begins deliberations.
installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration
innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander
innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain
infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority
inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
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
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will
inherit :: v. to receive all or a portion of the estate of an ... intestacy intestate succession will
infra :: prep. Latin for "below," this is legal shorthand t ... e document. See also: citation cite
in haec verba :: (in hike verb-ah)prep. Latin for "in these words," ... ading. See also: complaint pleading
in forma pauperis :: (in form-ah paw-purr-iss) adj. or adv. Latin for " ... poor defendants who have been sued.
highway :: n. any public street, road, turnpike or canal whic ... rivilege and not an absolute right.
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement.
hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds.
heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir
heiress :: n. feminine heir, often used to denote a woman who ... in the "department store heiress."
hobby loss :: n. in income tax, a loss from a business activity ... educted against annual income only.
hold harmless :: n. a promise to pay any costs or claims which may ... e other party agrees to cover them.
holdover tenancy :: n. the situation when a tenant of real estate cont ... to a lawsuit for unlawful detainer.
holographic will :: n. a will entirely handwritten, dated and signed b ... lost in the desert. See also: will
holding company :: n. a company, usually a corporation, which is crea ... gement and policies of all of them.
holding :: 1) n. any ruling or decision of a court. 2) n. any ... 4) v. keeping in one's possession.
holder in due course :: n. one holding a check or promissory note, receive ... note. See also: bona fide purchaser
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
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.
guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant
habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions.
headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment
half blood :: 1) adj. sharing one parent only. 2) n. a half brot ... icularly Native American and white.
home rule :: n. the power of a local city or county to set up i ... state funds for local improvements.
homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property."
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied
in camera :: adj. or adv. phrase. Latin for "in chambers." This ... he courtroom. See also: in chambers
in chambers :: adj. referring to discussions or hearings held in ... ed "in camera." See also: in camera
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children.
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
hornbook law :: n. lawyer lingo for a fundamental and well-accepte ... e a hornbook is a primer of basics.
homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide
hometowned :: adv. legalese for a lawyer or client suffering dis ... orneys over those from out of town.
hot pursuit :: n. when a law enforcement officer is so close behi ... sh pursuit. See also: fresh pursuit
hotchpot :: n. the putting together, blending or mixing of var ... t in the hotchpot and then divided.
illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant
illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien
hypothecate :: v. from Greek for "pledge," a generic term for usi ... sion. See also: secured transaction
hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial
household :: n. a family living together, all of whom need not ... r, all of whom need not be related.
integration :: n. 1) adopting a writing as part of an agreement, ... , as well as racial mix in schools.
intent :: n. mental desire and will to act in a particular w ... ess homicide or other lesser crime.
latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty
lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic.
last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft
last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors.
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
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale.
juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court
kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
justifiable homicide :: n. a killing without evil or criminal intent, for ... me. See also: homicide self-defense
justiciable :: n. referring to a matter which is capable of being ... e of action" or "justiciable case."
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
kin :: n. blood relative. See also: next of kin ... ood relative. See also: next of kin
landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord
landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
liable :: adj. responsible or obligated. Thus, a person or e ... al prosecution. See also: liability
lewd and lascivious :: adj., adv. references to conduct which includes pe ... t exposure pornography prostitution
leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging.
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander
liberty :: n. freedom from restraint and the power to follow ... the benefit of the general public.
limited jurisdiction :: n. courts' authority over certain types of cases s ... value. See also: court jurisdiction
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
letters :: n. shorthand for letters testamentary or letters o ... administration letters testamentary
let :: v. 1) to allow or permit. This is distinguished fr ... rson. See also: lease rent sublease
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
legal duty :: n. the responsibility to others to act according t ... al injuries. See also: duty of care
legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising.
legal :: adj., adv. according to law, not in violation of l ... law or anything related to the law.
legacy :: n. a gift of personal property or money to a benef ... o: beneficiary bequest legatee will
legal fiction :: n. a presumption of fact assumed by a court for co ... he law, and not law from fictions."
legalese :: n. slang for the sometimes arcane, convoluted and ... rgon of lawyers and legal scholars.
lesser crime :: n. See also: lesser-included offense ... . See also: lesser-included offense
lessor :: n. the owner of real property who rents it to a le ... lord and tenant lease lessee tenant
lemon law :: n. statutes adopted in some states to make it easi ... still trying" to make it run right.
legitimate :: adj., adv1) legal, proper, real. 2) referring to a ... 3) v. to make proper and/or legal.
legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will
just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
involuntary :: adj. or adv. without intent, will or choice. Parti ... l result in dismissal or acquittal.
investment :: n. the money put into use for profit, or the prope ... chased for profit. See also: invest
invest :: v. to put money into a business or buy property or ... mplete gamble. See also: investment
inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain
ipse dixit :: (ip-sah dicks-it) v. Latin for "he himself said it ... e fact is that this person said it.
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
jobber :: n. a merchant who buys products (usually in bulk o ... buys and acts for specific clients.
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
jaywalking :: n. walking across a street outside of marked cross ... jury to the jaywalker by a vehicle.
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ
inure :: v. result in. Commonly used in legal terminology i ... ure to the benefit of Janet Jones."
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interim order :: n. a temporary order of the court pending a hearin ... erlocutory decree restraining order
inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust
inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust
inter alia :: (in-tur eh-lee-ah) prep. Latin for "among other th ... ime to file the action had passed."
interlineation :: n. the act of writing between the lines of a docum ... document re-typed and then signed.
interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time.
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
joint adventure :: n. when two or more people go together on a trip o ... e activity. See also: joint venture
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
Juris Doctor :: (J.D.) n. the law degree granted upon graduation b ... tles a person to a graduate degree.
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
jurisprudence :: n. the entire subject of law, the study of law and ... e study of law and legal questions.
jury stress :: n. a form of mental, emotional, psychological, phy ... do the right thing. See also: jury
jury tampering :: n. the crime of attempting to influence a jury thr ... e also: jury subornation of perjury
jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire
judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority.
judgment debtor :: n. the losing defendant in a lawsuit who owes the ... winner. See also: judgment creditor
judgment debt :: n. the amount of money in a judgment award to the ... ee also: judgment judgment creditor
judge advocate general :: (J.A.G.) n. a military officer who advises the gov ... also: court-martial judge advocate
guaranty :: v. and n. an older spelling of guarantee, which th ... elling" (1882). See also: guarantee
gross income :: n. in calculating income tax, the income of an ind ... in net income. See also: income tax
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
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate.
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.
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment
employer :: n. a person or entity which hires the services of ... gency. See also: employee principal
enclosure :: (inclosure)n. land bounded by a fence, wall, hedge ... oundaries and cause legal problems.
encroach :: v. to build a structure which is in whole or in pa ... wn property. See also: encroachment
enabling clause :: n. a provision in a new statute which empowers a p ... ect, including making expenditures.
en banc :: (on bonk) French for "in the bench," it signifies ... he case and agreed to by the court.
employment :: n. the hiring of a person for compensation. It is ... ployment Workers' Compensation Acts
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
due care :: n. the conduct that a reasonable man or woman will ... "reasonable" man or woman would do.
duress :: n. the use of force, false imprisonment or threats ... pardoned by President Jimmy Carter.
due :: n. and adj. owed as of a specific date. A popular ... ecessarily mean that a debt is due.
driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce".
dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk.
duty :: n. 1) a legal obligation, the breach of which can ... on imports. See also: duty of care
dying declaration :: n. the statement of a mortally injured person who ... as no reason not to tell the truth.
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
election under the will :: n. in those states which have statutes which give ... arries) left to her under his will.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report
egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress."
encroachment :: n. the act of building a structure which is in who ... hbor's property. See also: encroach
endowment :: n. the creation of a fund, often by gift or beques ... college, university or scholarship.
esquire :: n. a form of address showing that someone is an at ... or barristers, sheriffs and judges.
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
espionage :: n. the crime of spying on the federal government a ... n enemy. See also: sedition treason
escrow instructions :: n. the written instructions by buyer and seller of ... ir agents. See also: closing escrow
escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow
estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax.
et al. :: n. abbreviation for the Latin phrase et alii meani ... urgatroyd v. Sally Sherman, et al."
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
et seq. :: (et seek) n. abbreviation for the Latin phrase et ... Vehicle Code Section 1204, et seq."
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
escheat :: n. from old French eschete, which meant "that whic ... the death of the last known owner.
entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc?
environmental impact report :: n. a study of all the factors which a land develop ... See also: EIR negative declaration
enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment
enjoyment :: n. 1) to exercise a right. 2) pleasure. 3) the use ... o be free of noise or interference.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
environmental law :: n. a body of state and federal statutes intended t ... imental effects on the environment.
equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel
escalator clause :: n. a provision in a lease or other agreement in wh ... instead of inflation. See also: cap
escape clause :: n. a provision in a contract which allows one of t ... ligation if a certain event occurs.
errors and omissions :: n. short hand for malpractice insurance which give ... issions which amount to negligence.
ergo :: (air-go)conj. Latin for "therefore," often used in ... osopher Rene Descartes (1596-1650).
equitable lien :: n. a lien on property imposed by a court in order ... lso: constructive trust equity lien
double taxation :: n. taxation of the same property for the same purp ... it is not discriminatory or unfair.
donation :: n. gift. If made to a qualified non-profit charita ... ribution in calculating income tax.
director :: n. a member of the governing board of a corporatio ... lso: board of directors corporation
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness
direct evidence :: n. real, tangible or clear evidence of a fact, hap ... o: circumstantial evidence evidence
disbarment :: n. the ultimate discipline of an attorney, which i ... ation and/or cure. See also: disbar
discharge :: v. 1) to perform one's duties. 2) to dismiss someo ... d not be paid. See also: bankruptcy
discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance.
dishonor :: v. to refuse to pay the face amount of a check or ... he amount due on a promissory note.
discount :: n. the payment of less than the full amount due on ... now-the difference is the discount.
disclaimer :: n. 1) denial or renunciation by someone of his/her ... ssolving a partnership or business.
discharge in bankruptcy :: n. an order given by the bankruptcy judge, at the ... red creditors. See also: bankruptcy
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
diminution in value :: n. in the event of a breach of contract, the decre ... actly as specified in the contract.
descent and distribution :: n. the system of laws which determine who will inh ... nt inheritance intestate succession
determinable :: adj. defining something which may be terminated up ... es or no longer lives in the house.
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder
dereliction :: n. 1) abandoning possession, which is sometimes us ... is building up). See also: derelict
deuce :: n. slang term for a drunk driving conviction. The ... 502 of the California Vehicle Code.
devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will
diligence :: n. reasonable care or attention to a matter, which ... erver's attempt to locate someone).
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule
dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta
dicta :: n. the plural of dictum. ... n. the plural of dictum.
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
disinheritance :: n. the act of disinheriting. See also: disinherit ... disinheriting. See also: disinherit
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission.
dividend :: n. a portion of profit, usually based on the numbe ... . See also: corporation shareholder
divestment :: n. the act of stripping one's investment from an e ... ng one's investment from an entity.
divestiture :: n. the court-ordered or voluntary giving up of a p ... nopoly or other restraint of trade.
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
document :: n. a popular generic word among lawyers for any pa ... it. See also: documentary evidence
domestic violence :: n. the continuing crime and problem of the physica ... ravated assault assault and battery
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
domestic relations :: n. a polite term for the legal field of divorce, d ... port and alimony. See also: divorce
domestic partners :: n. unmarried couples, including homosexuals, livin ... , such as job-related health plans.
doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state.
diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation
district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court
disorderly house :: n. 1) polite term for house of prostitution. 2) pl ... tion. 2) place of illegal gambling.
disposing mind and memory :: n. the mental ability to understand in general wha ... ng a will. See also: competent will
disorderly conduct :: n. 1) actions that disturb others. 2) minor crimin ... peace, and loud threats or parties.
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
disposition :: n. the court's final determination of a lawsuit or ... on of a lawsuit or criminal charge.
dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought.
distribution :: n. the act of dividing up the assets of an estate ... p percentages. See also: distribute
District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure.
distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will
distress :: 1) n. the self-help taking of another's possession ... rice due to negative circumstances.
dissolution :: n. modern, gentler sounding, term for divorce, off ... lving a marriage. See also: divorce
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail.
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud
franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax.
forum :: n. a court which has jurisdiction to hold a trial ... f a particular lawsuit or petition.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
free on board (FOB) :: adj. referring to purchased goods shipped without ... ns to somewhere else. See also: FOB
freehold :: n. any interest in real property which is a life e ... -year variety). See also: leasehold
fugitive from justice :: n. a person convicted or accused of a crime who hi ... extradition. See also: extradition
full disclosure :: n. the need in business transactions to tell the " ... icant fact. See also: caveat emptor
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
frisk :: v. quickly patting down the clothes of a possible ... k women and men officers frisk men.
fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit
fornication :: n. sexual intercourse between a man and woman who ... obbers, murderers and drug dealers.
forgery :: n. 1) the crime of creating a false document, alte ... See also: counterfeit forger fraud
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale
forcible entry :: n. the crime of taking possession of a house or ot ... ce after having come in peacefully.
forced sale :: n. a sale of goods seized by the sheriff to satisf ... ay) a judgment. See also: execution
forbearance :: n. an intentional delay in collecting a debt or de ... the debtor to pay an added amount.
foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent.
forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic
forfeiture :: n. loss of property due to a violation of law. See ... violation of law. See also: forfeit
forger :: n. a person who commits the crime of forgery, by m ... ts or signatures. See also: forgery
foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability
foreseeability :: n. reasonable anticipation of the possible results ... e also: foreseeable risk negligence
forensic testimony :: n. any testimony of expert scientific, engineering ... ee also: forensic forensic medicine
full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment.
fungible things :: n. sometimes merely called "fungibles," goods whic ... are securities which are identical.
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity
goodwill :: n. the benefit of a business having a good reputat ... an unknowing buyer. See also: sale
goods :: n. items held for sale in the regular course of bu ... of business, as in a retail store.
grand larceny :: n. the crime of theft of another's property (inclu ... f the loot. See also: larceny theft
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed
grandfathered in :: adj. refers to continued allowed use of property a ... or zoning ordinances were adopted.
good title :: n. ownership of real property which is totally fre ... or deed of trust on the property).
Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars.
garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee
gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination
garnishee :: n. a person or entity, quite often a bank or emplo ... ourt. See also: garnish garnishment
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage.
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages
go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal.
good faith :: n. honest intent to act without taking an unfair a ... plied to all kinds of transactions.
gift tax :: n. federal tax on large gifts. Gifts to members of ... ance in gift tax planning is vital.
gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax
general plan :: n. a plan of a city, county or area which establis ... uture development. See also: zoning
floating easement :: n. an easement (a right to use another's property ... of the easement. See also: easement
flight :: n. running away or hiding by a person officially a ... of avoiding arrest or prosecution.
extension :: n. granting of a specific amount of extra time to ... he original expiration of the term.
extinguishment :: n. the cancellation or destruction of a right, qui ... urther money or performance is due.
express contract :: n. a contract in which all elements are specifical ... e circumstances. See also: contract
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
expense :: n. in business accounting and business taxation, a ... ment. See also: capital expenditure
extortion :: n. obtaining money or property by threat to a vict ... . See also: blackmail robbery theft
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result.
face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value."
extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim).
extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate
expectancy :: n. a possibility of future enjoyment of something ... o: distribution remainder reversion
exhibit :: n. 1) a document or object (including a photograph ... ncorporated into the main document.
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
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
executive order :: n. a President's or Governor's declaration which h ... the Congress or state legislature.
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
exemption :: n. 1) in income taxation, a credit given for each ... l children or is a college student.
executory :: adj. something not yet performed or done. Examples ... een distributed to the beneficiary.
executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will
executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974).
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value
fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust
fighting words :: n. words intentionally directed toward another per ... he basis for a lawsuit for assault.
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
fertile octogenarian :: n. an unrealistic notion that any person (male or ... e passed laws to cure this anomaly.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
final decree :: n. another name for a final judgment. In states wh ... together). See also: final judgment
first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder
fixture :: n. a piece of equipment which has been attached to ... ary repair. See also: trade fixture
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree
felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder
felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence
false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest
false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple
felon :: n. a person who has been convicted of a felony, wh ... or federal prison. See also: felony
fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee
fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple
Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts.
lineal descendant :: n. a person who is in direct line to an ancestor, ... See also: descent and distribution