Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Founded: 1173
Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
Truth in Lending Act :: n. a federal statute which requires a commercial l ... erms and cancel the loan agreement.
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder
Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison.
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations
affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws.
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
tortious :: adj. referring to an act which is a tort (civil wr ... tort (civil wrong). See also: tort
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied
express contract :: n. a contract in which all elements are specifical ... e circumstances. See also: contract
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration
title abstract :: n. a history of the chain of title. See also: abst ... chain of title. See also: abstract
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
stockholders' derivative action :: n. See also: derivative action shareholders' deriv ... ion shareholders' derivative action
independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee
subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien
tortfeasor :: n. a person who commits a tort (civil wrong), eith ... : joint tortfeasors negligence tort
ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
extortion :: n. obtaining money or property by threat to a vict ... . See also: blackmail robbery theft
corporation :: n. an organization formed with state governmental ... ation public corporation securities
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
ipso facto :: (ip-soh fact-toe)prep. Latin for "by the fact itse ... ot entitled to a driver's license."
environmental impact report :: n. a study of all the factors which a land develop ... See also: EIR negative declaration
oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract
adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
quasi contract :: n. a situation in which there is an obligation as ... fulfilled. See also: contract quasi
act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial."
accord and satisfaction :: n. an agreement to accept less than is legally due ... h" practicality. See also: novation
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis."
collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent
commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure
overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building.
sharp practice :: n. actions by a lawyer using misleading statements ... e bar association or by the courts.
contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
shareholders' derivative action :: n. a lawsuit by a corporation's shareholders, theo ... gement. See also: derivative action
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
requirements contract :: n. a contract between a supplier (or manufacturer) ... produces. See also: output contract
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
sexual harassment :: n. unwanted sexual approaches (including touching, ... emale employees. See also: nuisance
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts.
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
duress :: n. the use of force, false imprisonment or threats ... pardoned by President Jimmy Carter.
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money.
self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act.
statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes.
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
unlawful :: adj. referring to any action which is in violation ... on, or established legal precedents
cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
ex delicto :: (ex dee-lick-toe)adj. Latin for a reference to som ... ns which were civil wrongs (torts).
color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket.
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious
blackmail :: n. the crime of threatening to reveal embarrassing ... e to property). See also: extortion
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent
multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
misrepresentation :: n. the crime of misstating facts to obtain money, ... etenses." See also: false pretenses
libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies").
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s.
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable.
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents.
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test.
indemnify :: v. to guarantee against any loss which another mig ... r harmless. See also: hold harmless
sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc?
executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
errors and omissions :: n. short hand for malpractice insurance which give ... issions which amount to negligence.
income tax :: n. a tax on an individual's net income, after dedu ... al government. See also: income tax
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
income :: n. money, goods or other economic benefit received ... ernment and most state governments.
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history.
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
findings of fact :: n. See also: finding ... n. See also: finding
secondary boycott :: n. an organized refusal to purchase the products o ... state laws and, thus, are illegal.
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
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
controlled substance :: n. a drug which has been declared by federal or st ... those who have used the substances.
contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
recording acts :: n. the statutes of each state which established th ... ecorders of Deeds. See also: record
bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
actual notice :: n. having been informed directly of something or h ... official records). See also: notice
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors.
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon
condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain
factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result.
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
civil action :: n. any lawsuit relating to civil matters and not c ... inal prosecution. See also: lawsuit
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
environmental law :: n. a body of state and federal statutes intended t ... imental effects on the environment.
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
simultaneous death act :: n. a statute in effect in most states which provid ... See also: descent and distribution
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
probative facts :: n. evidence which tends to prove something which i ... See also: probative probative value
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
preemption :: n. the rule of law that if the federal government ... cs control may parallel each other.
price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition.
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock
American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522.
boycott :: n. organized refusal to purchase products or patro ... e laws. See also: secondary boycott
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
promotional stock :: n. stock issued in a newly formed corporation and ... assets or money. See also: promoter
output contract :: n. an agreement in which a producer agrees to sell ... h it may have to store away a glut.
practicable :: adj. when something can be done or performed. ... something can be done or performed.
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade
legal action :: n. any lawsuit, petition or prosecution. ... y lawsuit, petition or prosecution.
net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax
pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant
officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal.
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act
Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts.
mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
may :: v. a choice to act or not, or a promise of a possi ... sion or regulation. See also: shall
new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer
mayhem :: 1) n. the criminal act of disabling, disfiguring o ... so: aggravated assault assault maim
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
mediator :: n. a person who conducts mediation. A mediator is ... o: arbitration arbitrator mediation
next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem
meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract
mens rea :: (menz ray-ah) n. Latin for a "guilty mind," or cri ... ing the act. See also: crime intent
military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate
mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss.
modus operandi :: (mode-us ah-purr-and-ee or ah-purr-and-eye) n. fro ... es to disguise a fraudulent scheme.
moratorium :: n. 1) any suspension of activity, particularly vol ... to normal activities and earnings.
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
molestation :: n. the crime of sexual acts with children up to th ... of rape. See also: pedophilia rape
multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated.
muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title
necessary inference :: n. 1) a conclusion militated by reason and logic a ... nown facts. 2) unavoidable meaning.
negative declaration :: n. a finding by a city council or other local gove ... so: EIR environmental impact report
mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code
negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date.
National Labor Relations Board :: n. an independent regulatory commission created in ... see union and organizing elections.
moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant.
minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor
mutual wills :: n. wills made by two people (usually spouses, but ... r the other person making the will.
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate
official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official
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.
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.
partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property.
partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
overcharge :: v. 1) to charge more than a posted or advertised p ... osecutor to intimidate the accused.
out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear.
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part
performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance
perform :: v. 1) to fulfill one's obligations under a contrac ... court order. See also: performance
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
permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards.
permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability
perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts.
patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent
pedophilia :: n. an obsession with children as sex objects. Over ... also: molestation pornography rape
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job.
outlaw :: n. popularly, anyone who commits serious crimes an ... us crimes and acts outside the law.
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime.
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work.
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror).
offer :: n. a specific proposal to enter into an agreement ... es the contract. See also: contract
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
non sequitur :: : (nahn sek [as in heck]-kwit-her) n. Latin for "i ... w, stated: "That's a non sequitur."
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment.
offeror :: n. a person or entity who makes a specific proposa ... t. See also: contract offer offeree
official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority
ordinance :: n. a statute enacted by a city or town. ... statute enacted by a city or town.
opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country.
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
on or before :: prep. a phrase usually found in a contract or prom ... ich may be done prior to that date.
on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
liberty :: n. freedom from restraint and the power to follow ... the benefit of the general public.
incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child.
incorporate by reference :: v. to include language from another document or el ... uses of Action hereinabove stated."
incompatible :: adj. 1) inconsistent. 2) unmatching. 3) unable to ... ch other. See also: incompatibility
inchoate :: adj. or adv. referring to something which has begu ... ract which has not been formalized.
in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam
incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses.
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
jobber :: n. a merchant who buys products (usually in bulk o ... buys and acts for specific clients.
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
indicia :: n. (in-dish-yah) from Latin for "signs," circumsta ... . See also: circumstantial evidence
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
indemnity :: n. the act of making someone "whole" (give equal t ... or will occur. See also: indemnify
incorporation :: n. the act of incorporating an organization. See a ... . See also: corporation incorporate
in re :: prep. short for "in regard to" or concerning. Ofte ... e Adoption of Marcus McGillicuddy."
permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license
in haec verba :: (in hike verb-ah)prep. Latin for "in these words," ... ading. See also: complaint pleading
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership
impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved.
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joint adventure :: n. when two or more people go together on a trip o ... e activity. See also: joint venture
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority
international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court
interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time.
insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider
insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander
instrument :: n. 1) a written legal document such as a contract, ... in an assault (a blunt instrument).
interlineation :: n. the act of writing between the lines of a docum ... document re-typed and then signed.
intent :: n. mental desire and will to act in a particular w ... ess homicide or other lesser crime.
inter alia :: (in-tur eh-lee-ah) prep. Latin for "among other th ... ime to file the action had passed."
intangible property :: n. items such as stock in a company which represen ... t are not actual, tangible objects.
insured :: n. 1) the person or entity who will be compensated ... s go to others. See also: insurance
interim order :: n. a temporary order of the court pending a hearin ... erlocutory decree restraining order
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark
infra :: prep. Latin for "below," this is legal shorthand t ... e document. See also: citation cite
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ
inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence
ingress :: 1) n. entrance. 2) n. the right to enter. 3) v. th ... property. See also: easement egress
ipse dixit :: (ip-sah dicks-it) v. Latin for "he himself said it ... e fact is that this person said it.
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
joint powers agreement :: n. a contract between a city, a county and/or a sp ... istrict or other government entity.
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs."
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
liable :: adj. responsible or obligated. Thus, a person or e ... al prosecution. See also: liability
lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain
lemon law :: n. statutes adopted in some states to make it easi ... still trying" to make it run right.
letter of credit :: n. a document issued by a bank guaranteeing to pro ... ong-distance business transactions.
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
lewd and lascivious :: adj., adv. references to conduct which includes pe ... t exposure pornography prostitution
loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages
loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law
material representation :: n. a convincing statement made to induce someone t ... bility. See also: contract material
material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach.
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages
majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
legal fiction :: n. a presumption of fact assumed by a court for co ... he law, and not law from fictions."
legal duty :: n. the responsibility to others to act according t ... al injuries. See also: duty of care
judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
judicial proceedings :: n. any action by a judge re: trials, hearings, pet ... efore the court. See also: judicial
illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract.
juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
joint venture :: n. an enterprise entered into by two or more peopl ... s terminated. See also: partnership
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
hypothecate :: v. from Greek for "pledge," a generic term for usi ... sion. See also: secured transaction
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors.
law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law
legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising.
legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority
labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
justiciable :: n. referring to a matter which is capable of being ... e of action" or "justiciable case."
K :: n. the shorthand symbol for "contract" used almost ... rsally by lawyers and law students.
matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped.
reliance :: n. acting upon another's statement of alleged fact ... able. See also: reasonable reliance
special master :: n. a person appointed by the court to carry out an ... ting to the judge. See also: master
special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages
special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits
sign :: v. 1) to write one's signature on a document, incl ... language. See also: mark subscribe
sine qua non :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
solicitation :: n. the crime of encouraging or inducing another to ... xual acts for pay. See also: pander
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
stay away order :: n. a court order that a person may not come near a ... also: peace bond restraining order
substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance
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
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination
stock option :: n. the right to purchase stock in the future at a ... hares. See also: option share stock
stipulation :: n. an agreement, usually on a procedural matter, b ... g, signed and filed with the court.
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs).
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
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.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
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
riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms.
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
riparian rights :: n. the right of the owner of the land forming the ... elled away from its natural course.
royalty :: n. a percentage of gross or net profit or a fixed ... also: copyright infringement patent
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder
secret rebate :: n. a kickback of money by a business to a "preferr ... h a secret rebate. See also: rebate
setting :: n. the action of a court, clerk or commissioner in ... g a trial or hearing. See also: set
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock.
shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting
shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
seriatim :: (sear-ee-ah-tim) prep. Latin for "one after anothe ... one in order. See also: ad seriatim
self-executing :: adj. immediately effective without further action, ... party the right to try to collect.
securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock
self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities.
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
sequestration :: n. the act of a judge issuing an order that a jury ... during trial). See also: sequester
sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house."
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
voidable :: adj. capable of being made void. Example: a contra ... ot necessarily void. See also: void
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business.
uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages.
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver
writ :: n. a written order of a judge requiring specific a ... ntity to whom the writ is directed.
Workmen's Compensation :: n. a former name for worker's compensation before ... isex title of the acts was adopted.
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.
writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).
work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney.
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock
warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant
weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence
willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully
withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
tenure :: n. 1) in real property, the right to possess the p ... e a probationary period has passed.
tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer
term :: n. 1) in contracts or leases, a period of time, su ... nancy" is one term for "occupancy."
third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary
tide lands :: n. land between the high and low tides, which is u ... ch fronts on the sea at that point.
third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary.
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
syndicate :: n. a joint venture among individuals and/or corpor ... l dissolve. See also: joint venture
superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor
surrogate :: n. 1) a person acting on behalf of another or a su ... or probates, estates and adoptions.
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
treaty :: n. a pact between nations which, if entered into b ... ation and not enforceable treaties.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence.
ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation
treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition
trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney.
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark
trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade
trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name
right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy
revoke :: v. to annul or cancel an act, particularly a state ... oke a license. See also: revocation
professional negligence :: n. See also: malpractice ... n. See also: malpractice
professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation
prohibition :: n. forbidding an act or activity. A court order fo ... icial. See also: injunction mandate
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
pro se :: (proh say) prep. Latin for "for himself." A party ... o se." See also: in propria persona
pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title.
probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure
probative :: adj. in evidence law, tending to prove something. ... so: probative facts probative value
probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative
promoter :: n. a person who puts together a business, particul ... y effort and not by assets or cash.
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proviso :: n. a term or condition in a contract or title docu ... on in a contract or title document.
prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
proxy :: n. 1) someone who is authorized to serve in one's ... d members and convention delegates.
public nuisance :: n. a nuisance which affects numerous members of th ... y the neighbors. See also: nuisance
public :: 1) n. the people of the nation, state, county, dis ... lands and public and private roads.
protest :: 1) v. to complain in some public way about any act ... dishonored (not paid by the bank).
protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify.
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute
prostitute :: n. a person who receives payment for sexual interc ... also: pander panderer prostitution
prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute
pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney.
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene
power :: n. the right, authority and ability to take some a ... g legal rights and many other acts.
power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
pimp :: n. a person who procures a prostitute for customer ... also: pander panderer prostitution
plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement
plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant
preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction
premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure
prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone).
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction.
private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse.
premium :: n. 1) payment for insurance coverage either in a l ... ent for an act, option or priority.
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription
presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly
renunciation :: n. 1) giving up a right, such as a right of inheri ... renunciation is factually too late.
renewal :: n. keeping an existing arrangement in force for an ... ction which evidences the new term.
repair :: v. to restore to former condition or in some contr ... tching to temporarily halt leaking.
repeal :: 1) v. to annul an existing law, by passage of a re ... n. the act of annulling a statute.
represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation
replevin :: n. under common law, the right to bring a lawsuit ... se of action" for all civil wrongs.
remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
release :: 1) v. to give up a right as releasing one from his ... the writing that grants a release.
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection
hobby loss :: n. in income tax, a loss from a business activity ... educted against annual income only.
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
representation :: n. 1) the act of being another's agent. 2) acting ... ns or in court. See also: represent
repudiation :: n. denial of the existence of a contract and/or re ... also: anticipatory breach contract
restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust
restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal.
restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
revocation :: n. 1) mutual cancellation of a contract by the par ... c offenses. See also: contract will
revival :: n. 1) requesting a court to reinstate the force of ... e of limitations (the time to sue).
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding.
rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission
rescission :: n. the cancellation of a contract by mutual agreem ... t of the parties. See also: rescind
resolution :: n. a determination of policy of a corporation by t ... nactment of statutes or ordinances.
redemption :: n. the act of redeeming, buying back property by p ... ts of foreclosure. See also: redeem
recusal :: n. the act of a judge or prosecutor being removed ... other good reason. See also: recuse
quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi
quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi
Queen's Bench :: n. 1) the highest court in Great Britain during th ... include close to 50 percent women.
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance
quasi in rem :: adj. referring to a legal action which is primaril ... See also: in personam in rem quasi
quasi corporation :: n. a business which has operated as a corporation ... poration de facto corporation quasi
punitive damages :: n. (synony- mous with exemplary damages), damages ... t acts. See also: exemplary damages
puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud
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.
quasi :: : (kway-zeye, kwah-zee) adj., adv. from Latin for ... ve to be treated "as if" they were.
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
reckless disregard :: n. gross negligence without concern for danger to ... gard for safety. See also: reckless
rebuttable presumption :: n. since a presumption is an assumption of fact ac ... a redundancy. See also: presumption
reckless driving :: n. operation of an automobile in a dangerous manne ... it. See also: reckless wet reckless
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
rebate :: 1) n. a discount or deduction on sales price. A se ... v. to give a discount or deduction.
reasonable time :: n. in contracts, common custom in the business or ... a contract using such a vague term.
ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract.
ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities.
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
enclosure :: (inclosure)n. land bounded by a fence, wall, hedge ... oundaries and cause legal problems.
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse.
appraiser :: n. a professional who makes appraisals of the valu ... isal Institute). See also: appraise
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act).
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer
American Depository Receipt :: n. called in the banking trade an ADR, it is a rec ... ding the foreign shares themselves.
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
argumentative :: adj. the characterization of a question asked by t ... oody glove just walked over there?"
arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
assured :: n. the person or entity that is insured, often fou ... ance contracts. See also: insurance
attest :: v. 1) to confirm (usually in writing) that a docum ... also: holographic will will witness
attestation :: n. the act of witnessing a signature for the purpo ... or her signature. See also: attest
attorney's advertising :: n. the commercials which appear on television or c ... es to handle high volume practices.
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
assumption :: n. the act of taking over a debt as part of paymen ... secures that debt. See also: assume
assignment :: n. the act of transferring an interest in property ... ing with property. See also: assign
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
as is :: adj. description of a condition in a sales contrac ... es to cancel the "as is" provision.
assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress.
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
assault and battery :: n. the combination of the two crimes of threat (as ... damages. See also: assault battery
alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil
alluvion :: n. an increase in one's land from soil deposited o ... , bay or ocean. See also: accretion
adjudication :: n. the act of giving a judicial ruling such as a j ... adjudication. See also: bankruptcy
adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession
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
ademption :: n. the act of adeeming, which is revoking (getting ... gift before death. See also: adeem
addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently.
account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt
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).
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
adopt :: v. 1) to take on the relationship of parent to chi ... nt in a lawsuit. See also: adoption
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
agreement :: 1) n. any meeting of the minds, even without legal ... specific terms. See also: contract
agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts.
aleatory :: adj. uncertain; usually applied to insurance contr ... ire damage to his insured building.
aliquot :: (al-ee-kwoh) adj. a definite fractional share, us ... trust assets. See also: share
allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation
allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint
agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation
agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority
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
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
age discrimination :: n. an employer's unfair treatment of a current or ... men. See also: wrongful termination
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
audit :: n. an examination by a trained accountant of the f ... rmation provided. See also: auditor
bulk sale :: n. the sale of all or a large part of a merchant's ... entories. See also: bulk sales acts
bucket shop :: n. an unofficial and usually illegal betting opera ... the stock and commodities markets.
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
business :: n. any activity or enterprise entered into for pro ... pleasure or no particular purpose.
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.
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
bottomry :: n. a mortgage contract in which a ship and/or its ... n sell the ship and/or its freight.
breach of the peace :: n. any act which disturbs the public or even one p ... g inappropriately. See also: breach
breach of trust :: n. 1) any act which is in violation of the duties ... ise or confidence. See also: breach
bribery :: n. the crime of giving or taking money or some oth ... s which are against company policy.
breaking and entering :: n. 1) the criminal act of entering a residence or ... above. See also: burglary trespass
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
casualty :: n. 1) an accident which could not have been forese ... definition. See also: casualty loss
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
casualty loss :: n. in taxation, loss due to damage which qualifies ... mage from water seepage or erosion.
cause :: from Latin causa 1) v. to make something happen. 2 ... so: cause of action proximate cause
champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee
cease and desist order :: n. an order of a court or government agency to a p ... ing which would damage the ecology.
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
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
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
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course
bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit.
bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment
balance sheet :: n. the statement of the assets and the liabilities ... ctivity and health of the business.
bargain :: n. 1) a mutual agreement or contract between two p ... o: agreement consideration contract
beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust
battery :: n. the actual intentional striking of someone, wit ... e also: assault assault and battery
bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor
bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor
authority :: n. permission, a right coupled with the power to d ... rize ostensible authority principal
auditor :: n. an accountant who conducts an audit to verify t ... ing any accountant. See also: audit
authorize :: v. to officially empower someone to act. See also: ... someone to act. See also: authority
Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor
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
benefit :: 1) n. any profit or acquired right or privilege, p ... fit Ken Murray." See also: contract
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
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.
blue laws :: n. state or local laws which prohibit certain acti ... estiges remain at least informally.
boiler room :: n. a telephone bank operation in which fast-talkin ... and in violation of security laws.
bona fide :: adj. Latin for "good faith," it signifies honesty, ... t doubt on the right to hold title.
boilerplate :: n., adj. slang for provisions in a contract, form ... favor and/or protect the provider.
bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution.
bill :: n. 1) what is commonly called a "check" by which t ... ions, which is falling into disuse.
BFP :: n. slang for bona fide purchaser, which means some ... ner). See also: bona fide purchaser
bequeath :: v. to give personal property under provisions of a ... s of a will. See also: bequest will
bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire
bid :: n. an offer to purchase with a specific price stat ... getting the job. See also: contract
bifurcation :: n. the act of a judge in dividing issues before a ... on the other issue. (See bifurcate
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
gift tax :: n. federal tax on large gifts. Gifts to members of ... ance in gift tax planning is vital.
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence
first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax
generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax.
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
land :: n. real property, real estate (and all that grows ... See also: real estate real property
occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
penitentiary :: n. a state or federal prison in which convicts are ... mission of major crimes (felonies).
people :: n. the designation for the prosecuting government ... secutions, United States v. Miller.
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered.
mining claim :: n. a description by boundaries of real property in ... g within a specific period of time.
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:."
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning
felon :: n. a person who has been convicted of a felony, wh ... or federal prison. See also: felony
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
commission :: n. 1) a fee paid based on a percentage of the sale ... on or the Federal Trade Commission.
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
conscientious objector :: n. a person who refuses to serve in the military d ... ometimes call them "draft dodgers."
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline.
articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment
ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed.
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court
Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
espionage :: n. the crime of spying on the federal government a ... n enemy. See also: sedition treason
ex rel. :: conj. abbreviation for Latin ex relatione, meaning ... . Archie Johnson v. Hardy Products.
estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax.
district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court
District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure.
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
Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals
deficit :: n. a shortage, less than is due, or in the case of ... l of government except the federal.
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
picketing :: n. standing or parading near a business or governm ... es or threats to the public safety.
priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse").
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today."
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
limited jurisdiction :: n. courts' authority over certain types of cases s ... value. See also: court jurisdiction
good title :: n. ownership of real property which is totally fre ... or deed of trust on the property).
fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee
hold harmless :: n. a promise to pay any costs or claims which may ... e other party agrees to cover them.
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
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
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy
subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
clear title :: n. holding ownership of real property without any ... s which might affect the ownership.
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
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."
state :: n. 1) the federal or state government and any of i ... d States. 3) a nation's government.
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
Racketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses.
public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright
racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia").
removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment.
revenue ruling :: n. a published opinion of the Internal Revenue Ser ... evenue ruling. See also: income tax
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
deceit :: n. dishonesty, fraudulent conduct, false statement ... . See also: fraud misrepresentation
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
appraise :: v. to professionally evaluate the value of propert ... surance claims. See also: appraiser
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax.
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes.
treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages
unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax
chancery :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
encroach :: v. to build a structure which is in whole or in pa ... wn property. See also: encroachment
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
encroachment :: n. the act of building a structure which is in who ... hbor's property. See also: encroach
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
endorsement :: (indorsement)n. 1) the act of the owner or payee s ... te. See also: negotiable instrument
employment :: n. the hiring of a person for compensation. It is ... ployment Workers' Compensation Acts
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property.
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment
equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange
exculpatory :: adj. applied to evidence which may justify or excu ... t guilty or has no criminal intent.
excise :: n. a tax upon manufacture, sale or for a business ... s redundantly called an excise tax.
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
escape clause :: n. a provision in a contract which allows one of t ... ligation if a certain event occurs.
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
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
EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
disinheritance :: n. the act of disinheriting. See also: disinherit ... disinheriting. See also: disinherit
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
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
discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance.
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
direct evidence :: n. real, tangible or clear evidence of a fact, hap ... o: circumstantial evidence evidence
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
disability :: n. 1) a condition which prevents one from performi ... ct, or being insane or incompetent.
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
discharge in bankruptcy :: n. an order given by the bankruptcy judge, at the ... red creditors. See also: bankruptcy
disbarment :: n. the ultimate discipline of an attorney, which i ... ation and/or cure. See also: disbar
dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation
distribution :: n. the act of dividing up the assets of an estate ... p percentages. See also: distribute
drop dead date :: n. a provision in a contract or a court order whic ... ng property or entering a judgment.
dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk.
due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights.
duty :: n. 1) a legal obligation, the breach of which can ... on imports. See also: duty of care
earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
domestic violence :: n. the continuing crime and problem of the physica ... ravated assault assault and battery
doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state.
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.
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.
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution
full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment.
full disclosure :: n. the need in business transactions to tell the " ... icant fact. See also: caveat emptor
garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee
general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages
good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:."
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
free on board (FOB) :: adj. referring to purchased goods shipped without ... ns to somewhere else. See also: FOB
frisk :: v. quickly patting down the clothes of a possible ... k women and men officers frisk men.
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
good faith :: n. honest intent to act without taking an unfair a ... plied to all kinds of transactions.
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant
guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain
habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions.
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
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
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
guarantor :: n. a person or entity that agrees to be responsibl ... pay or perform. See also: guarantee
forthwith :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forgery :: n. 1) the crime of creating a false document, alte ... See also: counterfeit forger fraud
eyewitness :: n. a person who has actually seen an event and can ... event and can so testify in court.
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
felonious :: adj. referring to an act done with criminal intent ... is an attack meant to do real harm.
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
extrajudicial :: adj. referring to actions outside the judicial (co ... gnized by the judge during a trial.
extenuating circumstances :: n. surrounding factors (sometimes called mitigatio ... See also: mitigating circumstances
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
executed :: 1) adj. to have been completed. (Example: "it is a ... a death sentence. See also: execute
executive order :: n. a President's or Governor's declaration which h ... the Congress or state legislature.
executory :: adj. something not yet performed or done. Examples ... een distributed to the beneficiary.
express :: adj. direct, unambiguous, distinct language, parti ... plication to determine the meaning.
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
fertile octogenarian :: n. an unrealistic notion that any person (male or ... e passed laws to cure this anomaly.
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale
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.
foreseeability :: n. reasonable anticipation of the possible results ... e also: foreseeable risk negligence
forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture
foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability
floating easement :: n. an easement (a right to use another's property ... of the easement. See also: easement
fixture :: n. a piece of equipment which has been attached to ... ary repair. See also: trade fixture
final decree :: n. another name for a final judgment. In states wh ... together). See also: final judgment
fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer
diminution in value :: n. in the event of a breach of contract, the decre ... actly as specified in the contract.
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule
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
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft
confusingly similar :: adj. in the law of trademarks, when a trademark, l ... a of the other. See also: trademark
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conditional sale :: n. a sale of property or goods which will be compl ... ng by September 1st. See also: sale
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
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
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
condition :: n. a term or requirement stated in a contract, whi ... tion precedent condition subsequent
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.
construction :: n. the act of a lawyer or court in interpreting an ... tion. See also: strict construction
conspirator :: n. a person or entity who enters into a plot with ... of antitrust laws. (See conspiracy
constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust
constructive fraud :: n. when the circumstances show that someone's acti ... been proven. See also: constructive
constructive possession :: n. when a person does not have actual possession, ... possession. See also: constructive
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator
consortium :: n. 1) a group of separate businesses or business p ... oney terms is a difficult question.
conservatee :: n. a person whom a court has determined because of ... and the like. See also: conservator
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
consignment :: n. the act of consigning goods to one who will sel ... owner. See also: consign consignee
concealment :: n. fraudulent failure to reveal information which ... lawsuit for fraud. See also: fraud
concealed weapon :: n. a weapon, particularly a handgun, which is kept ... ions, arrests or improper activity.
close corporation :: n. a corporation which is permitted by state law t ... mily members. See also: corporation
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
closed shop :: n. a business that will hire only union members by ... s their certified bargaining agent.
closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney.
Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states.
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
churning :: n. the unethical and usually illegal practice of e ... f obtaining high sales commissions.
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
civil code :: n. in many states, the name for the collection of ... negligence lawsuits and practices.
citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities.
codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will
cohabitation :: n. living together in the same residence, generall ... xual relationships as cohabitation.
community property :: n. property and profits received by a husband and ... and distribution separate property
common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation
company :: n. any formal business entity for profit, which ma ... s a corporation. See also: business
compensatory damages :: n. damages recovered in payment for actual injury ... es punitive damages special damages
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
collateral estoppel :: n. the situation in which a judgment in one case p ... ng. See also: estoppel res judicata
collateral attack :: n. a legal action to challenge a ruling in another ... of paternity in the divorce action.
collusion :: n. where two persons (or business entities through ... seball team owners. See also: fraud
comment :: n. a statement made by a judge or an attorney duri ... e rung, cannot be unrung," applies.
commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility
controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state.
controversy :: n. 1) disagreement, argument or quarrel. 2) a disp ... pinions. See also: advisory opinion
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deduction :: n. an expenditure which an income tax payer may su ... dded together, reduce the tax owed.
defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs.
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources.
decision :: n. judgment, decree or determination of findings o ... (court). See also: decree judgment
deception :: n. the act of misleading another through intention ... ent actions. See also: deceit fraud
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment
declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
deliberate :: 1) adj. (dee-lib-er-et) done with care and intenti ... any group including a legislature.
deportation :: n. the act of expelling a foreigner from a country ... s usually to the country of origin.
dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available.
depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated).
desertion :: n. the act of abandoning, particularly leaving one ... tody and other post-marital issues.
devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself.
devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee
denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
deliver :: v. to actually hand an object, money or document t ... ject, money or document to another.
deliberation :: n. the act of considering, discussing and, hopeful ... ssions, voting and decision-making.
delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale
demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note
demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence
debt :: n. 1) a sum of money due to another. 2) obligation ... mount owed. See also: common counts
deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon
course :: n. in the midst of or actively involved in at that ... se of employment, course of trade."
counterpart :: n. in the law of contracts, a written paper which ... rent localities. See also: contract
course of employment :: adj. actively involved in a person's employment at ... Acts. See also: scope of employment
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
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
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
corpus delicti :: n. (corpus dee-lick-tie) Latin for the substantial ... gon, the body of the murder victim.
cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done.
counsel :: 1) n. a lawyer, attorney, attorney-at-law, counsel ... self is a crime. See also: attorney
co-trustee :: n. a trustee of a trust when there is more than on ... act alone. See also: trust trustee
covenant not to compete :: n. a common provision in a contract for sale of a ... the sales price. See also: covenant
credibility :: n. whether testimony is worthy of belief, based on ... jective. See also: credible witness
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
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape
de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure
de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation
culpable :: adj. sufficiently responsible for criminal acts or ... ons and thus should take the blame.
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
crime :: n. a violation of a law in which there is injury t ... drugs. See also: felony misdemeanor
credible witness :: n. a witness whose testimony is more than likely t ... ther factors. See also: credibility
crime against nature :: n. an oldfashioned term for sodomy (anal sexual in ... states. See also: bestiality sodomy
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
criminal :: 1) n. a popular term for anyone who has committed ... so: convict felon habitual criminal
held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling