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: 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 . Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department.
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
special master :: n. a person appointed by the court to carry out an ... ting to the judge. See also: master
sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case.
stay :: n. a court-ordered short-term delay in judicial pr ... r case. See also: stay of execution
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
ruling :: n. court decision on a case or any legal question. ... on on a case or any legal question.
seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant
set :: v. to schedule, as to "set a case for trial." ... dule, as to "set a case for trial."
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury
substitute in :: v. to take over a case from another lawyer, which ... See also: substitution of attorney
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
Twinkie defense :: n. a claim by a criminal defendant that at the tim ... rder. See also: diminished capacity
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
summons :: n. a document issued by the court at the time a la ... use service service of process writ
summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
complainant :: n. a person or entity who begins a lawsuit by fili ... lso: complaint petitioner plaintiff
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
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
confidential communication :: n. certain written communications which can be kep ... privilege privileged communication
commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar
cite :: v. 1) to make reference to a decision in another c ... police officer). See also: citation
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
clear and convincing evidence :: n. evidence that proves a matter by the "preponder ... See also: beyond a reasonable doubt
clear and present danger :: n. the doctrine established in an opinion written ... together of a lynch mob (assembly).
collateral estoppel :: n. the situation in which a judgment in one case p ... ng. See also: estoppel res judicata
collateral attack :: n. a legal action to challenge a ruling in another ... of paternity in the divorce action.
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
deficit :: n. a shortage, less than is due, or in the case of ... l of government except the federal.
defense :: n. 1) a general term for the effort of an attorney ... tiff. See also: affirmative defense
defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contra :: adj. Latin for "against" or "opposite to". This us ... he rule stated in Keeler v. Beach."
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
corpus juris :: n. the body of the law, meaning a compendium of al ... lanations of the law of that state.
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
appraise :: v. to professionally evaluate the value of propert ... surance claims. See also: appraiser
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable.
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
acquittal :: n. what an accused criminal defendant receives if ... se) of not guilty. See also: acquit
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
bona fide :: adj. Latin for "good faith," it signifies honesty, ... t doubt on the right to hold title.
blue ribbon jury :: n. a jury selected from prominent, well-educated c ... ight to have a jury of one's peers.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
blue laws :: n. state or local laws which prohibit certain acti ... estiges remain at least informally.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
balance due :: n. the amount of a debt still owed on an account o ... cipal due without further interest.
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
avulsion :: n. the change in the border of two properties due ... urg on the other side of the river.
bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property.
barrister :: n. in the United States a fancy name for a lawyer ... ome barristers. See also: solicitor
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry.
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits
interrogation :: n. questioning of a suspect or witness by law enfo ... the poisonous tree Miranda warning
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
instruction :: n. an explanation of the law governing a case whic ... fore the jury begins deliberations.
intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
in toto :: (in toe-toe)adj. Latin for "completely" or "in tot ... r "the case was dismissed in toto."
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner
innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain
infra :: prep. Latin for "below," this is legal shorthand t ... e document. See also: citation cite
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
limited jurisdiction :: n. courts' authority over certain types of cases s ... value. See also: court jurisdiction
limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations
life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence.
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
jury tampering :: n. the crime of attempting to influence a jury thr ... e also: jury subornation of perjury
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
justiciable :: n. referring to a matter which is capable of being ... e of action" or "justiciable case."
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out).
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
en banc :: (on bonk) French for "in the bench," it signifies ... he case and agreed to by the court.
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
duty :: n. 1) a legal obligation, the breach of which can ... on imports. See also: duty of care
duress :: n. the use of force, false imprisonment or threats ... pardoned by President Jimmy Carter.
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
et al. :: n. abbreviation for the Latin phrase et alii meani ... urgatroyd v. Sally Sherman, et al."
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
director :: n. a member of the governing board of a corporatio ... lso: board of directors corporation
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule
desertion :: n. the act of abandoning, particularly leaving one ... tody and other post-marital issues.
disability :: n. 1) a condition which prevents one from performi ... ct, or being insane or incompetent.
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000.
distinguish :: v. to argue that the rule in one appeals court dec ... arity (i.e. it is "distinguished").
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial
homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
expropriation :: n. a taking of property or rights by governmental ... the taker. See also: eminent domain
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
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright