|
|
|
|
Dictionary of Law |
Founded: 2065 constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution. bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery. bill of sale :: n. a written statement attesting to the transfer ( ... ther provisions. See also: contract constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties bill of exchange :: n. a writing by a party (maker or drawer) ordering ... awn on a bank account is a "check." fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll riparian rights :: n. the right of the owner of the land forming the ... elled away from its natural course. privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth marital rights :: n. an old-fashioned expression for the rights of a ... also: consortium loss of consortium 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. proprietary rights :: n. those rights which go with ownership of real pr ... hip of real property or a business. unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court confrontation :: n. 1) fight or argument. 2) the right of a crimina ... s. See also: Bill of Rights witness bill :: n. 1) what is commonly called a "check" by which t ... ions, which is falling into disuse. change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title 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. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar offense :: n. a crime or punishable violation of law of any t ... type or magnitude. See also: crime offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant certificate of incorporation :: n. document which some states issue to prove a cor ... the articles are sufficient proof. certificate of deposit (CD) :: n. a document issued by a bank in return for a dep ... D before the pledged time runs out. cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury offer :: n. a specific proposal to enter into an agreement ... es the contract. See also: contract offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. ordinary course of business :: n. conduct of business within normal commercial cu ... rmal commercial customs and usages. shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule 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 offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror). 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 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 statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud 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. 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 board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion 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 capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer. fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). creditor's rights :: n. the field of law dealing with the legal means a ... also: creditor debt debtor judgment four corners of an instrument :: n. the term for studying an entire document to und ... solve an ambiguity in its language. peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer 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 power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments. privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proffer :: v. to offer evidence in a trial. ... v. to offer evidence in a trial. professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law ex officio :: a (ex oh-fish-ee-oh)dj. Latin for "from the office ... ne is president of the corporation. principal place of business :: n. location of head office of a business where the ... business to the Secretary of State. presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption 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 confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. self-incrimination :: n. making statements or producing evidence which t ... nda warning rights taking the Fifth amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder service of process :: n. the delivery of copies of legal documents such ... by publication substituted service satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done. frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court course of employment :: adj. actively involved in a person's employment at ... Acts. See also: scope of employment retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto return of service :: n. written confirmation under oath by a process se ... ee also: service service of process contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation. loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. letter of credit :: n. a document issued by a bank guaranteeing to pro ... ong-distance business transactions. abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence. lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution abstract of title :: n. the written report on a title search which show ... e also: chain of title title report act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states. true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment conjugal rights :: n. a spouse's so-called "rights" to the comforts a ... r") in a special room or apartment. unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s. search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy treasury bill :: n. a promissory note issued in multiples of $10,00 ... e also: treasury bond treasury note cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate solitary confinement :: n. the placement of a prisoner in a federal or sta ... as "cruel and unusual punishment." zoning :: n. a system of developing a city or county plan in ... овской гарантии . |