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Dictionary of Law |
Founded: 248 income tax :: n. a tax on an individual's net income, after dedu ... al government. See also: income tax adjusted basis :: n. in accounting, the original cost of an asset ad ... s taxes. See also: basis income tax basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax evasion of tax :: n. the intentional attempt to avoid paying taxes t ... rs. See also: estate tax income tax income :: n. money, goods or other economic benefit received ... ernment and most state governments. tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax gross income :: n. in calculating income tax, the income of an ind ... in net income. See also: income tax unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax. property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax. gift tax :: n. federal tax on large gifts. Gifts to members of ... ance in gift tax planning is vital. franchise tax :: n. a state tax on corporations or businesses. See ... sinesses. See also: corporation tax double taxation :: n. taxation of the same property for the same purp ... it is not discriminatory or unfair. tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes. tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax. tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts. non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy. net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective. servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney. limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership revenue ruling :: n. a published opinion of the Internal Revenue Ser ... evenue ruling. See also: income tax head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." recapture :: n. in income tax, the requirement that upon sale o ... capital gains. See also: income tax doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state. depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated). excise :: n. a tax upon manufacture, sale or for a business ... s redundantly called an excise tax. dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available. hobby loss :: n. in income tax, a loss from a business activity ... educted against annual income only. domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. assignment for benefit of creditors :: n. a method used for a debtor to work out a paymen ... ar basis to pay the debtor's bills. donation :: n. gift. If made to a qualified non-profit charita ... ribution in calculating income tax. deduction :: n. an expenditure which an income tax payer may su ... dded together, reduce the tax owed. ad valorem :: adj. Latin for "based on value," which applies to ... per parcel. See also: property tax franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax. benefit :: 1) n. any profit or acquired right or privilege, p ... fit Ken Murray." See also: contract leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. exemption :: n. 1) in income taxation, a credit given for each ... l children or is a college student. charitable contribution :: n. in taxation, a contribution to an organization ... r the taxes paid. See also: charity independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier carryback :: n. in taxation accounting, using a current tax yea ... tax liability. See also: carryover carryover :: n. in taxation accounting, using a tax year's dedu ... tax liability. See also: carryback cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like. civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil penalties :: n. fines or surcharges imposed by a governmental a ... s, failure to obtain a permit, etc. charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust casualty loss :: n. in taxation, loss due to damage which qualifies ... mage from water seepage or erosion. assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property. casual :: adj. defining something that happens by chance, wi ... ppropriate taxes on the wages paid. case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse. rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages simple trust :: n. a trust which requires that all income be distr ... nd not accumulated. See also: trust tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy ancillary administration :: n. administration of an estate's assets in another ... or "subordinate." See also: probate appraise :: v. to professionally evaluate the value of propert ... surance claims. See also: appraiser adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate abstract of title :: n. the written report on a title search which show ... e also: chain of title title report articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute per capita :: adj. Latin for "by head," meaning to be determined ... ivided equally among those persons. perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts in lieu :: prep. instead. "In lieu taxes" are use taxes paid ... go through the foreclosure process. joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute title :: n. 1) ownership of real property or personal prope ... ink slip real property title search subchapter S corporation :: n. the choice by a small corporation to be treated ... ing attorney. See also: corporation title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance title search :: n. the examination of county records for the prope ... e escrow lien title title insurance trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor triple net lease :: n. a lease in which the lessee's (tenant's) rent i ... ers and malls. See also: lease rent residence :: n. 1) the place where one makes his/her home. Howe ... f incorporation. See also: resident resale :: n. selling again, particularly at retail. 2) adj. ... ction of sales tax on retail sales. protest :: 1) v. to complain in some public way about any act ... dishonored (not paid by the bank). pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title. ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property. reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement. delayed exchange :: n. an exchange of property to put off capital gain ... method and survived an IRS lawsuit. dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. depletion :: n. when a natural resource (particularly oil) is b ... nger be able to make money from it. discharge in bankruptcy :: n. an order given by the bankruptcy judge, at the ... red creditors. See also: bankruptcy duty :: n. 1) a legal obligation, the breach of which can ... on imports. See also: duty of care dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax corporation :: n. an organization formed with state governmental ... ation public corporation securities encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax. gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax goodwill :: n. the benefit of a business having a good reputat ... an unknowing buyer. See also: sale guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism. executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will expense :: n. in business accounting and business taxation, a ... ment. See also: capital expenditure extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust fighting words :: n. words intentionally directed toward another per ... he basis for a lawsuit for assault. fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict irreconcilable differences :: n. the usual basis for granting a divorce (dissolu ... See also: divorce no fault divorce jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence depreciate :: v. in accounting, to reduce the value of an asset ... ittle value. See also: depreciation denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit. attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. battery :: n. the actual intentional striking of someone, wit ... e also: assault assault and battery book account :: n. an account of a customer kept in a business led ... or a debt. See also: account stated carrying on business :: v. pursuing a particular occupation on a continuou ... visible business "entity" as such. argumentative :: adj. the characterization of a question asked by t ... oody glove just walked over there?" arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws. amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights conscientious objector :: n. a person who refuses to serve in the military d ... ometimes call them "draft dodgers." controlled substance :: n. a drug which has been declared by federal or st ... those who have used the substances. cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary cohabitation :: n. living together in the same residence, generall ... xual relationships as cohabitation. codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation complaint :: n. the first document filed with the court (actual ... g prayer service of process summons concealment :: n. fraudulent failure to reveal information which ... lawsuit for fraud. See also: fraud leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." solvency :: n. 1) having sufficient funds or other assets to p ... cy. See also: bankruptcy insolvency 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 slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment sexual harassment :: n. unwanted sexual approaches (including touching, ... emale employees. See also: nuisance right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy res gestae :: (rayz jest-tie) n. from Latin for "things done," i ... n those circumstances are reliable. royalty :: n. a percentage of gross or net profit or a fixed ... also: copyright infringement patent rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule self-incrimination :: n. making statements or producing evidence which t ... nda warning rights taking the Fifth tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name charity :: n. 1) in general the sentiment of benevolence, doi ... . See also: charitable contribution change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support community property :: n. property and profits received by a husband and ... and distribution separate property a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. cooperative housing :: n. an arrangement in which an association or corpo ... common area condominium cooperative bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse. unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business. trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). rent :: 1) v. to hire an object or real property for a per ... ice. See also: lease month-to-month rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment deficit :: n. a shortage, less than is due, or in the case of ... l of government except the federal. |