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: 474
bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor
bondsman :: n. 1) someone who sells bail bonds. 2) a surety (g ... also: bail bond bail bondsman bond
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal.
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence
O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
treasury bond :: n. a long-term bond issued by the U.S. Treasury. S ... e also: treasury bill treasury note
ownership :: n. legal title coupled with exclusive legal right ... st in the same thing. See also: own
own :: v. to have legal title or right to something. Mere ... . Mere possession is not ownership.
peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order
all the estate I own :: n. a phrase from a poorly drafted will which means ... he will was written. See also: will
owner :: n. one who has legal title or right to something. ... ke one a legal owner. See also: own
hometowned :: adv. legalese for a lawyer or client suffering dis ... orneys over those from out of town.
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course
arraign :: v. to bring a criminal defendant before the court, ... d. See also: appearance arraignment
securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
bench warrant :: n. a warrant issued by a judge, often to command s ... appear in court. See also: warrant
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
party wall :: n. a wall shared by two adjoining premises which i ... the property of one of the parties.
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership
partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy
officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal.
ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will.
overcharge :: v. 1) to charge more than a posted or advertised p ... osecutor to intimidate the accused.
ordinance :: n. a statute enacted by a city or town. ... statute enacted by a city or town.
offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country.
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building.
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
private property :: n. land not owned by the government or dedicated t ... ernment or dedicated to public use.
presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note
prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription
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
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock
plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
payment in due course :: n. the giving of funds to the holder of a promisso ... nds. See also: holder in due course
paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement.
pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn
possess :: v. to own, have title to, occupy, physically hold ... ng the estate. See also: possession
preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock
practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis."
possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent
matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped.
legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority
lessee :: n. the person renting property under a written lea ... lord and tenant lease lessor tenant
leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
lessor :: n. the owner of real property who rents it to a le ... lord and tenant lease lessee tenant
lewd and lascivious :: adj., adv. references to conduct which includes pe ... t exposure pornography prostitution
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
liberty :: n. freedom from restraint and the power to follow ... the benefit of the general public.
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic.
judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence
just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty
landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant
landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant
landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
loiter :: v. to linger or hang around in a public place or b ... kenness or being a public nuisance.
monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated.
municipal :: adj. referring to an incorporated or chartered cit ... rporated or chartered city or town.
no fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
necessary inference :: n. 1) a conclusion militated by reason and logic a ... nown facts. 2) unavoidable meaning.
minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all.
mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
master :: n. 1) employer, in the area of law known as "maste ... ter and servant respondeat superior
proprietary :: adj. referring to ownership. ... adj. referring to ownership.
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record
survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee
subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination
subordination :: n. allowing a debt or claim which has priority to ... . See also: subordination agreement
tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title
tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy
tenement :: n. 1) a term found in older deeds or in boiler-pla ... d by stairways. See also: structure
third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary.
tenant :: n. a person who occupies real property owned by an ... rental payments. See also: tenancy
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
sublease :: n. the lease to another of all or a portion of pre ... and sublease. See also: lease rent
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
stock :: 1) n. inventory (goods) of a business meant for sa ... siness. See also: share shareholder
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
stock certificate :: n. printed document which states the name, incorpo ... . See also: corporation share stock
stock option :: n. the right to purchase stock in the future at a ... hares. See also: option share stock
strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur
sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case.
street :: n. a roadway in an urban area, owned and maintaine ... A private road cannot be a street.
straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs).
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money.
tide lands :: n. land between the high and low tides, which is u ... ch fronts on the sea at that point.
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
vest :: v. to give an absolute right to title or ownership ... . See also: vested vested remainder
vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante.
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.
zoning :: n. a system of developing a city or county plan in ... овской гарантии . words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation.
waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents.
warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant
unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust
uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages.
trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade
trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel.
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
sole proprietorship :: n. a business owned by one person, as distinguishe ... from a partnership or corporation.
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption
recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
reliction :: n. gradual change of water line on real property w ... more dry land. See also: accretion
Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts.
restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal.
reserve fund :: n. a fund of money created to take care of mainten ... associations maintain such a fund.
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
rent :: 1) v. to hire an object or real property for a per ... ice. See also: lease month-to-month
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
public administrator :: n. a county official with the responsibility to ha ... ian is available. See also: probate
proprietor :: n. the owner of anything, but particularly the own ... siness operated by that individual.
proprietary rights :: n. those rights which go with ownership of real pr ... hip of real property or a business.
public nuisance :: n. a nuisance which affects numerous members of th ... y the neighbors. See also: nuisance
public property :: n. property owned by the government or one of its ... l public. See also: common property
quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner.
sell :: v. to transfer possession and ownership of goods o ... of equivalent value. See also: sale
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure
seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized
servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
silent partner :: n. a non-legal term for an investor who puts money ... partner limited partnership partner
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting
share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock.
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
secret rebate :: n. a kickback of money by a business to a "preferr ... h a secret rebate. See also: rebate
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
riparian rights :: n. the right of the owner of the land forming the ... elled away from its natural course.
running at large :: adj. 1) referring to cattle or other animals which ... om an entire city, county or state.
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
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
running with the land :: adj. permanently part of the title (ownership) to ... title (ownership) to real property.
proprietary interest :: n. a total or partial ownership. ... n. a total or partial ownership.
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
book value :: n. a determination of the value of a corporation's ... ssets may be under- or over-valued.
broker :: n. in general, a person who arranges contracts bet ... security ("hocked") at high rates.
bill of sale :: n. a written statement attesting to the transfer ( ... ther provisions. See also: contract
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire
building and loan :: n. another name for savings and loan association. ... payment. See also: savings and loan
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
buy-sell agreement :: n. a contract among the owners of a business which ... older's interest in the enterprise.
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress.
asset :: n. generally any item of property that has monetar ... ill and rights to market a product.
as is :: adj. description of a condition in a sales contrac ... es to cancel the "as is" provision.
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
arson :: n. the felony crime of intentionally burning a hou ... ath resulting from arson is murder.
assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption
assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable.
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attest :: v. 1) to confirm (usually in writing) that a docum ... also: holographic will will witness
attached :: adj. 1) referring to two buildings which are conne ... o: attachment fixture trade fixture
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
common area :: n. in condominium and some cooperative housing pro ... tage of total store space occupied.
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
collusion :: n. where two persons (or business entities through ... seball team owners. See also: fraud
coinsurance :: n. an insurance policy in which the insurance comp ... e insurance company share the risk.
community property :: n. property and profits received by a husband and ... and distribution separate property
compensation :: n. 1) payment for work performed, by salary, wages ... the damage or by one's own insurer.
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
conscious parallelism :: n. an undiscussed imitation by a business of a com ... cidence? No, conscious parallelism.
condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
clear title :: n. holding ownership of real property without any ... s which might affect the ownership.
cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like.
caveat emptor :: (kah-vee-ott emptor) Latin for "let the buyer bewa ... See also: consumer protection laws
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law.
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
annuity :: n. 1) an annual sum paid from a policy or gift. 2) ... er regularly for years or for life.
and :: conj. this little word is important in law, partic ... ds "or," but not if it reads "and."
intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
instrument :: n. 1) a written legal document such as a contract, ... in an assault (a blunt instrument).
insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor
treasury bill :: n. a promissory note issued in multiples of $10,00 ... e also: treasury bond treasury note
subscribe :: v. 1) to sign at the end of a document. The courts ... r periodical magazine or newspaper.
stay away order :: n. a court order that a person may not come near a ... also: peace bond restraining order
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
holder :: n. a general term for anyone in possession of prop ... older in due course promissory note
forgery :: n. 1) the crime of creating a false document, alte ... See also: counterfeit forger fraud
bearer paper :: n. negotiable instrument (e.g. a bond) which is pa ... sion (the bearer). See also: bearer
BFP :: n. slang for bona fide purchaser, which means some ... ner). See also: bona fide purchaser
bearer :: n. anyone holding something, such as a check, prom ... bearer paper negotiable instrument
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
bottomry :: n. a mortgage contract in which a ship and/or its ... n sell the ship and/or its freight.
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs.
debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds.
counterfeit :: 1) adj. describing a document, particularly money, ... d for real. See also: forgery utter
constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust
treasury note :: n. a promissory note issued by the U.S. Treasury, ... e also: treasury bill treasury bond
underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter
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.
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
adjusted basis :: n. in accounting, the original cost of an asset ad ... s taxes. See also: basis income tax
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts.
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
ancillary administration :: n. administration of an estate's assets in another ... or "subordinate." See also: probate
American Depository Receipt :: n. called in the banking trade an ADR, it is a rec ... ding the foreign shares themselves.
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil
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.
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust
accounts receivable :: n. the amounts of money due or owed to a business ... sidering the chances of collection.
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
consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge.
consignment :: n. the act of consigning goods to one who will sel ... owner. See also: consign consignee
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
guaranty :: v. and n. an older spelling of guarantee, which th ... elling" (1882). See also: guarantee
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
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
hold harmless :: n. a promise to pay any costs or claims which may ... e other party agrees to cover them.
holding company :: n. a company, usually a corporation, which is crea ... gement and policies of all of them.
heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail.
franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax.
foster child :: n. a child without parental support and protection ... local government or a state agency.
foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
frisk :: v. quickly patting down the clothes of a possible ... k women and men officers frisk men.
good title :: n. ownership of real property which is totally fre ... or deed of trust on the property).
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
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
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
holdover tenancy :: n. the situation when a tenant of real estate cont ... to a lawsuit for unlawful detainer.
home rule :: n. the power of a local city or county to set up i ... state funds for local improvements.
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history.
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain
John Doe :: n. 1) a fictitious name used for a possible male d ... lso: fictitious defendants Jane Doe
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
Jane Doe :: n. 1) a fictitious name used for a possible female ... lso: fictitious defendants John Doe
irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property."
in loco parentis :: prep. (in loh-coh pah-rent-iss) Latin for "instead ... 5, if and when he needs legal help.
incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee
incidental beneficiary :: n. someone who obtains a benefit as the result of ... parent. See also: beneficiary trust
foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
credibility :: n. whether testimony is worthy of belief, based on ... jective. See also: credible witness
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant
covenant that runs with the land :: n. a promise contained in a deed to land or real e ... l future owners. See also: covenant
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company.
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself.
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays.
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners.
cooperative housing :: n. an arrangement in which an association or corpo ... common area condominium cooperative
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
distribution :: n. the act of dividing up the assets of an estate ... p percentages. See also: distribute
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
exemption :: n. 1) in income taxation, a credit given for each ... l children or is a college student.
et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism.
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
escheat :: n. from old French eschete, which meant "that whic ... the death of the last known owner.
expropriation :: n. a taking of property or rights by governmental ... the taker. See also: eminent domain
face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value."
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result.
escalator clause :: n. a provision in a lease or other agreement in wh ... instead of inflation. See also: cap
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
double taxation :: n. taxation of the same property for the same purp ... it is not discriminatory or unfair.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
dividend :: n. a portion of profit, usually based on the numbe ... . See also: corporation shareholder
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate.
endorsement :: (indorsement)n. 1) the act of the owner or payee s ... te. See also: negotiable instrument
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
encroach :: v. to build a structure which is in whole or in pa ... wn property. See also: encroachment
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common