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Dictionary of Law |
Founded: 404 case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. 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 law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. prima facie case :: n. a plaintiff's lawsuit or a criminal charge whic ... en and shut." See also: prima facie pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand pro se :: (proh say) prep. Latin for "for himself." A party ... o se." See also: in propria persona removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. res judicata :: : (rayz judy-cot-ah) n. Latin for "the thing has b ... djudicata. See also: res adjudicata preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth referee :: n. a person to whom a judge refers a case to take ... on such findings. See also: master rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor recusal :: n. the act of a judge or prosecutor being removed ... other good reason. See also: recuse public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party property damage :: n. injury to real or personal property through ano ... l value. See also: damages property prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor reckless :: adj. in both negligence and criminal cases, carele ... so: careless negligent wet reckless record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration material witness :: n. a person who apparently has information about t ... e. See also: material trial witness nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire people :: n. the designation for the prosecuting government ... secutions, United States v. Miller. pendente lite :: (pen-den-tay lee-tay) adj. Latin for awaiting the ... enforced until the lawsuit is over. partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal. petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing picketing :: n. standing or parading near a business or governm ... es or threats to the public safety. partial disability :: n. the result of an injury which permanently reduc ... erson's normal functioning is gone. palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. orphan :: n. a child, particularly a minor, whose two natura ... an a child who has lost one parent. order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock self-incrimination :: n. making statements or producing evidence which t ... nda warning rights taking the Fifth harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default extrajudicial :: adj. referring to actions outside the judicial (co ... gnized by the judge during a trial. home rule :: n. the power of a local city or county to set up i ... state funds for local improvements. judicial :: adj., adv. 1) referring to a judge, court or the c ... court or the court system. 2) fair. obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ easement :: n. the right to use the real property of another f ... rstandings at the time of creation. codify :: v. to arrange and label a system of laws. ... arrange and label a system of laws. civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. chancellor :: n. from the old English legal system, a chancellor ... n the same courts. See also: equity challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity cumulative voting :: n. in corporations, a system of voting by sharehol ... eholders with 1,001 or more shares. draft :: 1) n. a bill of exchange or check in which one par ... s. See also: bill of exchange check diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation descent and distribution :: n. the system of laws which determine who will inh ... nt inheritance intestate succession day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. 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. master and servant :: n. the body of law, including statutes and legal d ... lso: employment respondeat superior overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain unlawful :: adj. referring to any action which is in violation ... on, or established legal precedents stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta condition :: n. a term or requirement stated in a contract, whi ... tion precedent condition subsequent solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly process :: n. in law, the legal means by which a person is re ... service of process subpena summons pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve viz :: prep. to wit, or namely. Example: "There were seve ... d broken windows." See also: to wit witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent zoning :: n. a system of developing a city or county plan in ... овской гарантии . |