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: 201
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
rehearing :: n. conducting a hearing again based on the motion ... the judge or agency was just wrong.
court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court
administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge."
Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
coroner :: n. a county official with the responsibility to de ... hology. See also: forensic medicine
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
documentary evidence :: n. any document (paper) which is presented and all ... evancy. See also: document evidence
court calendar :: n. the list of matters to be heard or set for tria ... ring by a court. See also: calendar
back-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing.
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
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
permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
arraignment :: n. the hearing in which a person charged with a cr ... re taken care of. See also: arraign
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers
bifurcation :: n. the act of a judge in dividing issues before a ... on the other issue. (See bifurcate
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
setting :: n. the action of a court, clerk or commissioner in ... g a trial or hearing. See also: set
severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge.
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
sidebar :: n. 1) physically, an area in front of or next to t ... See also: approach the bench bench
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special :: adj. referring to a particular purpose, person or ... rator, master, orders and so forth.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
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
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted.
taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination
quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi
proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings."
interim order :: n. a temporary order of the court pending a hearin ... erlocutory decree restraining order
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
judicial proceedings :: n. any action by a judge re: trials, hearings, pet ... efore the court. See also: judicial
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner
in chambers :: adj. referring to discussions or hearings held in ... ed "in camera." See also: in camera
incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney.
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all.
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
plenary :: adj. full, complete, covering all matters, usually ... ring to an order, hearing or trial.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
peremptory :: adj. absolute, final and not entitled to delay or ... allenges or a date set for hearing.
in camera :: adj. or adv. phrase. Latin for "in chambers." This ... he courtroom. See also: in chambers
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought.
distinguish :: v. to argue that the rule in one appeals court dec ... arity (i.e. it is "distinguished").
en banc :: (on bonk) French for "in the bench," it signifies ... he case and agreed to by the court.
enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
decide :: v. for a judge, arbitrator, court of appeals or ot ... rding to the law as he/she sees it.
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal.
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal
appellee :: n. in some jurisdictions the name used for the par ... ndent." See also: appeal respondent
arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs.
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
appellant :: n. the party who appeals a trial court decision he ... e/she/it has lost. See also: appeal
agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts.
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
affirm :: v. what an appeals court does if it agrees with an ... confirms a lower court's decision.
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
compromise verdict :: n. a decision made by a jury in which the jurors s ... ning the verdict. See also: verdict
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree
judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority.
retrial :: n. a new trial granted upon the motion of the losi ... al or reversed by an appeals court.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
reprieve :: n. a temporary delay in imposition of the death pe ... commutation of sentence or pardon.
recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
session :: n. 1) a meeting (or "sitting") of a court for a pa ... pring Term" or the "October Term").
Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports
trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today."
memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed."
moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:."
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence.
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
per curiam :: adj. Latin for "by the court," defining a decision ... dentified as the specif- ic author.
perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien
plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.