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Dictionary of Law |
Founded: 655 lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings surrogate court :: n. a court in a few states (including New York) wi ... er probates, estates and adoptions. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. court calendar :: n. the list of matters to be heard or set for tria ... ring by a court. See also: calendar court of equity :: n. originally in English common law and in several ... also: chancery court of law equity Superior Court :: n. the name used in 16 states for the basic county ... county trial court. See also: court circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity World Court :: n. the Court of International Justice, founded by ... rd and to be bound by the decision. district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain court docket :: n. See also: docket ... n. See also: docket certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). court trial :: ("non-jury trial"): a trial with a judge but no ju ... : a trial with a judge but no jury. harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal affirm :: v. what an appeals court does if it agrees with an ... confirms a lower court's decision. reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. perform :: v. 1) to fulfill one's obligations under a contrac ... court order. See also: performance preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. pendente lite :: (pen-den-tay lee-tay) adj. Latin for awaiting the ... enforced until the lawsuit is over. pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege 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 prerogative writ :: n. an historic generic term for any writ (court or ... ls or another court. See also: writ process :: n. in law, the legal means by which a person is re ... service of process subpena summons preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail. political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment property :: n. anything that is owned by a person or entity. P ... rty real property separate property protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify. public administrator :: n. a county official with the responsibility to ha ... ian is available. See also: probate privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order picketing :: n. standing or parading near a business or governm ... es or threats to the public safety. provisional remedy :: n. a generic term for any temporary order of a cou ... ing. See also: temporary injunction personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons pro forma :: 1) prep. Latin for "as a matter of form," the phra ... se in annual sales or 6% inflation. priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. prohibition :: n. forbidding an act or activity. A court order fo ... icial. See also: injunction mandate permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards. obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed." military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach. material witness :: n. a person who apparently has information about t ... e. See also: material trial witness matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights moot :: adj. 1) unsettled, open to argument or debatable, ... st. See also: moot court moot point moot point :: n. 1) a legal question which no court has decided, ... f academic interest. See also: moot moratorium :: n. 1) any suspension of activity, particularly vol ... to normal activities and earnings. modification :: n. a change in an existing court order or judgment ... terms of child support and custody. mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. limited jurisdiction :: n. courts' authority over certain types of cases s ... value. See also: court jurisdiction lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. litigation :: n. any lawsuit or other resort to the courts to de ... termine a legal question or matter. limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs." long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain on file :: prep. having been formally filed with the clerk of ... eading is "on file." See also: file on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel. operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court move :: v. to make a motion in court applying for a court ... r judgment. See also: motion movant movant :: n. the party in a lawsuit or other legal proceedin ... or judgment). See also: motion move motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment. not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate. suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence summons :: n. a document issued by the court at the time a la ... use service service of process writ suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant term :: n. 1) in contracts or leases, a period of time, su ... nancy" is one term for "occupancy." testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. substitute in :: v. to take over a case from another lawyer, which ... See also: substitution of attorney substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. stay :: n. a court-ordered short-term delay in judicial pr ... r case. See also: stay of execution status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction stay away order :: n. a court order that a person may not come near a ... also: peace bond restraining order stay of execution :: n. a court-ordered delay in inflicting the death p ... g the death penalty. See also: stay subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness subscribe :: v. 1) to sign at the end of a document. The courts ... r periodical magazine or newspaper. subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. stipulation :: n. an agreement, usually on a procedural matter, b ... g, signed and filed with the court. strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant will :: n. a written document which leaves the estate of t ... will and testament probate testator wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge voluntary bankruptcy :: n. the filing for bankruptcy by a debtor who belie ... kruptcy court. See also: bankruptcy writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent zoning :: n. a system of developing a city or county plan in ... овской гарантии . |