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Dictionary of Law |
Founded: 168 authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. cite :: v. 1) to make reference to a decision in another c ... police officer). See also: citation dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta 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:." precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition appellee :: n. in some jurisdictions the name used for the par ... ndent." See also: appeal respondent master and servant :: n. the body of law, including statutes and legal d ... lso: employment respondeat superior appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent decision :: n. judgment, decree or determination of findings o ... (court). See also: decree judgment overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed." opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. infra :: prep. Latin for "below," this is legal shorthand t ... e document. See also: citation cite certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic per curiam :: adj. Latin for "by the court," defining a decision ... dentified as the specif- ic author. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum moot :: adj. 1) unsettled, open to argument or debatable, ... st. See also: moot court moot point notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding inchoate :: adj. or adv. referring to something which has begu ... ract which has not been formalized. holding :: 1) n. any ruling or decision of a court. 2) n. any ... 4) v. keeping in one's possession. immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict World Court :: n. the Court of International Justice, founded by ... rd and to be bound by the decision. true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment treasury stock :: n. stock of a private corporation which was issued ... be entitled. See also: share stock supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax unlawful :: adj. referring to any action which is in violation ... on, or established legal precedents Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. condition :: n. a term or requirement stated in a contract, whi ... tion precedent condition subsequent submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted. specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. receivership :: n. the process of appointment by a court of a rece ... n receivership." See also: receiver rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court ruling :: n. court decision on a case or any legal question. ... on on a case or any legal question. severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene fighting words :: n. words intentionally directed toward another per ... he basis for a lawsuit for assault. demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. award :: 1) n. the decision of an arbitrator or commissione ... warded $27,000." See also: judgment bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire appellant :: n. the party who appeals a trial court decision he ... e/she/it has lost. See also: appeal affirm :: v. what an appeals court does if it agrees with an ... confirms a lower court's decision. act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial." administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate. sidebar :: n. 1) physically, an area in front of or next to t ... See also: approach the bench bench claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction disturbing the peace :: n. upsetting the quiet and good order particularly ... able by fine or brief term in jail. case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors. arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities. record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. deliberation :: n. the act of considering, discussing and, hopeful ... ssions, voting and decision-making. decide :: v. for a judge, arbitrator, court of appeals or ot ... rding to the law as he/she sees it. date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo distinguish :: v. to argue that the rule in one appeals court dec ... arity (i.e. it is "distinguished"). due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974). erroneous :: adj. 1) in error, wrong. 2) not according to estab ... n a legal decision or court ruling. en banc :: (on bonk) French for "in the bench," it signifies ... he case and agreed to by the court. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark close corporation :: n. a corporation which is permitted by state law t ... mily members. See also: corporation closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense capricious :: adv., adj. unpredictable and subject to whim, ofte ... a judge is inconsistent or erratic. compromise verdict :: n. a decision made by a jury in which the jurors s ... ning the verdict. See also: verdict conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law contra :: adj. Latin for "against" or "opposite to". This us ... he rule stated in Keeler v. Beach." corporation :: n. an organization formed with state governmental ... ation public corporation securities court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. construe :: v. to determine the meaning of the words of a writ ... s normal, widely accepted meanings. constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports |