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Dictionary of Law |
Founded: 2087 common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax count :: n. each separate statement in a complaint which st ... also: cause of action common counts class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. cause :: from Latin causa 1) v. to make something happen. 2 ... so: cause of action proximate cause certificate of deposit (CD) :: n. a document issued by a bank in return for a dep ... D before the pledged time runs out. debt :: n. 1) a sum of money due to another. 2) obligation ... mount owed. See also: common counts show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:." power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset ex officio :: a (ex oh-fish-ee-oh)dj. Latin for "from the office ... ne is president of the corporation. equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust replevin :: n. under common law, the right to bring a lawsuit ... se of action" for all civil wrongs. standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence shareholders' derivative action :: n. a lawsuit by a corporation's shareholders, theo ... gement. See also: derivative action state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment common area :: n. in condominium and some cooperative housing pro ... tage of total store space occupied. affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws. tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. service of process :: n. the delivery of copies of legal documents such ... by publication substituted service order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder court of equity :: n. originally in English common law and in several ... also: chancery court of law equity direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain letter of credit :: n. a document issued by a bank guaranteeing to pro ... ong-distance business transactions. lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder accord and satisfaction :: n. an agreement to accept less than is legally due ... h" practicality. See also: novation accounts receivable :: n. the amounts of money due or owed to a business ... sidering the chances of collection. common stock :: n. stock in a corporation in which dividends (payo ... oration preferred stock share stock common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed offense :: n. a crime or punishable violation of law of any t ... type or magnitude. See also: crime offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice 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. not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. principal place of business :: n. location of head office of a business where the ... business to the Secretary of State. preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer. abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. abstract of title :: n. the written report on a title search which show ... e also: chain of title title report proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor proffer :: v. to offer evidence in a trial. ... v. to offer evidence in a trial. professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal. offeror :: n. a person or entity who makes a specific proposa ... t. See also: contract offer offeree offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror). official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction ordinary course of business :: n. conduct of business within normal commercial cu ... rmal commercial customs and usages. out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights offer :: n. a specific proposal to enter into an agreement ... es the contract. See also: contract articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty breach of trust :: n. 1) any act which is in violation of the duties ... ise or confidence. See also: breach declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery. bill of exchange :: n. a writing by a party (maker or drawer) ordering ... awn on a bank account is a "check." bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution. bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. bill of sale :: n. a written statement attesting to the transfer ( ... ther provisions. See also: contract board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. divestiture :: n. the court-ordered or voluntary giving up of a p ... nopoly or other restraint of trade. capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment course of employment :: adj. actively involved in a person's employment at ... Acts. See also: scope of employment conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment common carrier :: n. an individual, a company or a public utility (l ... -time-only event. See also: carrier Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done. counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. certificate of incorporation :: n. document which some states issue to prove a cor ... the articles are sufficient proof. conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets. articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial 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. attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable. indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence. attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments. benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration four corners of an instrument :: n. the term for studying an entire document to und ... solve an ambiguity in its language. fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states. party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion modification :: n. a change in an existing court order or judgment ... terms of child support and custody. malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation. shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1 sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution return of service :: n. written confirmation under oath by a process se ... ee also: service service of process reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities. contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms. process :: n. in law, the legal means by which a person is re ... service of process subpena summons demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury incorporate by reference :: v. to include language from another document or el ... uses of Action hereinabove stated." gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning justiciable :: n. referring to a matter which is capable of being ... e of action" or "justiciable case." clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent stockholders' derivative action :: n. See also: derivative action shareholders' deriv ... ion shareholders' derivative action stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer collateral attack :: n. a legal action to challenge a ruling in another ... of paternity in the divorce action. tide lands :: n. land between the high and low tides, which is u ... ch fronts on the sea at that point. legal action :: n. any lawsuit, petition or prosecution. ... y lawsuit, petition or prosecution. environmental law :: n. a body of state and federal statutes intended t ... imental effects on the environment. docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". dower :: n. an old English common law right of a widow to o ... t and distribution widow's election enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment duress :: n. the use of force, false imprisonment or threats ... pardoned by President Jimmy Carter. divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support escrow instructions :: n. the written instructions by buyer and seller of ... ir agents. See also: closing escrow theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages expectancy :: n. a possibility of future enjoyment of something ... o: distribution remainder reversion class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust foreseeability :: n. reasonable anticipation of the possible results ... e also: foreseeable risk negligence civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust accounts payable :: n. bills that are owed. See also: debt ... bills that are owed. See also: debt executive order :: n. a President's or Governor's declaration which h ... the Congress or state legislature. estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax. unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent et al. :: n. abbreviation for the Latin phrase et alii meani ... urgatroyd v. Sally Sherman, et al." collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. ex delicto :: (ex dee-lick-toe)adj. Latin for a reference to som ... ns which were civil wrongs (torts). Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism. et seq. :: (et seek) n. abbreviation for the Latin phrase et ... Vehicle Code Section 1204, et seq." escheat :: n. from old French eschete, which meant "that whic ... the death of the last known owner. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant covenant not to compete :: n. a common provision in a contract for sale of a ... the sales price. See also: covenant findings of fact :: n. See also: finding ... n. See also: finding conscious parallelism :: n. an undiscussed imitation by a business of a com ... cidence? No, conscious parallelism. consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant credible witness :: n. a witness whose testimony is more than likely t ... ther factors. See also: credibility curtesy :: n. in old common law, the right of a surviving hus ... ommunity property dower life estate temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent culpable :: adj. sufficiently responsible for criminal acts or ... ons and thus should take the blame. cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment law of the land :: n. a slang term for existing laws. ... n. a slang term for existing laws. conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants. contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract breach of the peace :: n. any act which disturbs the public or even one p ... g inappropriately. See also: breach evasion of tax :: n. the intentional attempt to avoid paying taxes t ... rs. See also: estate tax income tax cooperative housing :: n. an arrangement in which an association or corpo ... common area condominium cooperative corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship age of consent :: n. See also: legal age majority ... n. See also: legal age majority court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party constructive fraud :: n. when the circumstances show that someone's acti ... been proven. See also: constructive constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor controlled substance :: n. a drug which has been declared by federal or st ... those who have used the substances. deception :: n. the act of misleading another through intention ... ent actions. See also: deceit fraud professional negligence :: n. See also: malpractice ... n. See also: malpractice devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself. discharge in bankruptcy :: n. an order given by the bankruptcy judge, at the ... red creditors. See also: bankruptcy demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. discount :: n. the payment of less than the full amount due on ... now-the difference is the discount. copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark community property :: n. property and profits received by a husband and ... and distribution separate property civil action :: n. any lawsuit relating to civil matters and not c ... inal prosecution. See also: lawsuit unlawful :: adj. referring to any action which is in violation ... on, or established legal precedents disorderly conduct :: n. 1) actions that disturb others. 2) minor crimin ... peace, and loud threats or parties. disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons writ :: n. a written order of a judge requiring specific a ... ntity to whom the writ is directed. decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment conditional sale :: n. a sale of property or goods which will be compl ... ng by September 1st. See also: sale condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration stay of execution :: n. a court-ordered delay in inflicting the death p ... g the death penalty. See also: stay dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander winding up :: n. liquidating the assets of a corporation or part ... ration cy pres doctrine partnership condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common in re :: prep. short for "in regard to" or concerning. Ofte ... e Adoption of Marcus McGillicuddy." par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building. restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner. partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts. passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal result :: n. common lawyer lingo for outcome of a lawsuit. ... yer lingo for outcome of a lawsuit. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment. setting :: n. the action of a court, clerk or commissioner in ... g a trial or hearing. See also: set novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock. sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party property :: n. anything that is owned by a person or entity. P ... rty real property separate property ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title. probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor prostitute :: n. a person who receives payment for sexual interc ... also: pander panderer prostitution puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud putative :: adj. commonly believed, supposed or claimed. Thus ... not the last will of the deceased. quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi public property :: n. property owned by the government or one of its ... l public. See also: common property protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify. proxy :: n. 1) someone who is authorized to serve in one's ... d members and convention delegates. privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection renewal :: n. keeping an existing arrangement in force for an ... ction which evidences the new term. remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse. prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). 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 recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. shareholders' agreement :: n. an employment agreement among the shareholders ... re only three or four shareholders. sharp practice :: n. actions by a lawyer using misleading statements ... e bar association or by the courts. in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam stipulation :: n. an agreement, usually on a procedural matter, b ... g, signed and filed with the court. incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent quash :: v. to annul or set aside. In law, a motion to quas ... s when the wrong person was served. in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. inter alia :: (in-tur eh-lee-ah) prep. Latin for "among other th ... ime to file the action had passed." hypothecate :: v. from Greek for "pledge," a generic term for usi ... sion. See also: secured transaction hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action full disclosure :: n. the need in business transactions to tell the " ... icant fact. See also: caveat emptor general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction good faith :: n. honest intent to act without taking an unfair a ... plied to all kinds of transactions. governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity subpoena :: n. the original spelling of subpena, still commonl ... e also: subpena subpena duces tecum subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest inure :: v. result in. Commonly used in legal terminology i ... ure to the benefit of Janet Jones." irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs." lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. sine qua non :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock joint adventure :: n. when two or more people go together on a trip o ... e activity. See also: joint venture star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution special master :: n. a person appointed by the court to carry out an ... ting to the judge. See also: master spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute frisk :: v. quickly patting down the clothes of a possible ... k women and men officers frisk men. immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk. mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. adopt :: v. 1) to take on the relationship of parent to chi ... nt in a lawsuit. See also: adoption res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed. dying declaration :: n. the statement of a mortally injured person who ... as no reason not to tell the truth. employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment Queen's Bench :: n. 1) the highest court in Great Britain during th ... include close to 50 percent women. injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape and :: conj. this little word is important in law, partic ... ds "or," but not if it reads "and." domestic violence :: n. the continuing crime and problem of the physica ... ravated assault assault and battery after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability carrying for hire :: n. the act of transporting goods or individuals fo ... n. See also: carrier common carrier amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law amortization :: n. a periodic payment plan to pay a debt in which ... payment. See also: promissory note wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission mayhem :: 1) n. the criminal act of disabling, disfiguring o ... so: aggravated assault assault maim voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection property damage :: n. injury to real or personal property through ano ... l value. See also: damages property plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud fornication :: n. sexual intercourse between a man and woman who ... obbers, murderers and drug dealers. family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing fighting words :: n. words intentionally directed toward another per ... he basis for a lawsuit for assault. peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items. harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. goodwill :: n. the benefit of a business having a good reputat ... an unknowing buyer. See also: sale addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently. extinguishment :: n. the cancellation or destruction of a right, qui ... urther money or performance is due. executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty appraiser :: n. a professional who makes appraisals of the valu ... isal Institute). See also: appraise impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party enclosure :: (inclosure)n. land bounded by a fence, wall, hedge ... oundaries and cause legal problems. no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment belief :: n. convinced of the truth of a statement or allega ... t. See also: information and belief post mortem :: n. Latin for "after death," an examination of a de ... alled an autopsy. See also: coroner nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander boycott :: n. organized refusal to purchase products or patro ... e laws. See also: secondary boycott business invitee :: n. a person entering commercial premises for the p ... to the contrary. See also: invitee subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor attorney's advertising :: n. the commercials which appear on television or c ... es to handle high volume practices. loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange concealment :: n. fraudulent failure to reveal information which ... lawsuit for fraud. See also: fraud confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary consequential damages :: n. damages claimed and/or awarded in a lawsuit whi ... See also: damages foreseeable risk search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence cease and desist order :: n. an order of a court or government agency to a p ... ing which would damage the ecology. insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding casualty :: n. 1) an accident which could not have been forese ... definition. See also: casualty loss casualty loss :: n. in taxation, loss due to damage which qualifies ... mage from water seepage or erosion. lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will assignment :: n. the act of transferring an interest in property ... ing with property. See also: assign liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono arbitrary :: adj. not supported by fair or substantial cause or ... d in reference to a judge's ruling. bill :: n. 1) what is commonly called a "check" by which t ... ions, which is falling into disuse. bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith asset :: n. generally any item of property that has monetar ... ill and rights to market a product. spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities. seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant service :: n. 1) paid work by another person, either by contr ... ersonal services service of process authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent conservatee :: n. a person whom a court has determined because of ... and the like. See also: conservator jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits boilerplate :: n., adj. slang for provisions in a contract, form ... favor and/or protect the provider. attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal. deportation :: n. the act of expelling a foreigner from a country ... s usually to the country of origin. third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s. unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure running at large :: adj. 1) referring to cattle or other animals which ... om an entire city, county or state. tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor coroner :: n. a county official with the responsibility to de ... hology. See also: forensic medicine subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit. depletion :: n. when a natural resource (particularly oil) is b ... nger be able to make money from it. surcharge :: n. an additional charge of money made because it w ... for being late in making a payment. alluvion :: n. an increase in one's land from soil deposited o ... , bay or ocean. See also: accretion cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like. summons :: n. a document issued by the court at the time a la ... use service service of process writ pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis precatory :: adj. referring to a wish or advisory suggestion wh ... lutely prevent her from selling it. primogeniture :: n. from Latin for "first born," the ancient rule f ... oes not exist in the United States. prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition. post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail. predecease :: v. to die before someone else, as "if my brother, ... estate I give to his son, Eugene." acceleration :: n. 1) speeding up the time when there is vesting ( ... See also: acceleration clause vest acknowledge :: v. 1) generally to admit something, whether bad, g ... recording. See also: acknowledgment accessory :: n. a second-string player who helps in the commiss ... responsible. See also: aid and abet acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy prerogative writ :: n. an historic generic term for any writ (court or ... ls or another court. See also: writ accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach). premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure preferred dividend :: n. a payment of a corporation's profits to holders ... of stock. See also: preferred stock accommodation :: n. 1) a favor done without compensation (pay or co ... ke a deal work. See also: guarantor preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction accept :: v. to receive something with approval and intentio ... ervice" (delivery) of legal papers. account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal. presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription accusation :: n. 1) in legal terms accusation means officially c ... im of wrongdoing by another person. accomplice :: n. someone who assists in the commission of a crim ... cipal criminal. See also: accessory preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright public nuisance :: n. a nuisance which affects numerous members of th ... y the neighbors. See also: nuisance public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best. quasi community property :: n. in community property states, property acquired ... : community property palimony quasi publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. public charge :: n. a general term for an indigent, sick or severel ... be taken care of at public expense. prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof protest :: 1) v. to complain in some public way about any act ... dishonored (not paid by the bank). prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute provisional remedy :: n. a generic term for any temporary order of a cou ... ing. See also: temporary injunction prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee public benefit corporation :: n. a term used in some states for a nonprofit comm ... ts and Lions. See also: corporation public administrator :: n. a county official with the responsibility to ha ... ian is available. See also: probate public :: 1) n. the people of the nation, state, county, dis ... lands and public and private roads. quasi contract :: n. a situation in which there is an obligation as ... fulfilled. See also: contract quasi quasi corporation :: n. a business which has operated as a corporation ... poration de facto corporation quasi real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping quo warranto :: (kwoh wahr-rahn-toe) n. the name for a writ (order ... ticles). See also: corporation writ quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance quid pro quo :: : (kwid proh kwoh) n. Latin for "something for som ... this deal?" See also: consideration quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia"). race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute pro forma :: 1) prep. Latin for "as a matter of form," the phra ... se in annual sales or 6% inflation. privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court. privilege :: n. a special benefit, exemption from a duty, or im ... rson, a group or a class of people. private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement private parts :: n. men's or women's genitalia, excluding a woman's ... duction and/or sale of pornography. able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. promotional stock :: n. stock issued in a newly formed corporation and ... assets or money. See also: promoter abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. proprietor :: n. the owner of anything, but particularly the own ... siness operated by that individual. proprietary rights :: n. those rights which go with ownership of real pr ... hip of real property or a business. promoter :: n. a person who puts together a business, particul ... y effort and not by assets or cash. abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." process server :: n. a person who serves (delivers) legal papers in ... table. See also: service of process proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings." abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping prohibition :: n. forbidding an act or activity. A court order fo ... icial. See also: injunction mandate promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant abut :: v. when two parcels of real property touch each ot ... of real property touch each other. perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit affidavit :: n. 1) any written document in which the signer swe ... an affidavit. See also: declaration affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death adverse interest :: n. a right or concern that is contrary to the inte ... o the interest or claim of another. adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence or :: conj. either; in the alternative. It is often vita ... n," both must sign to change title. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. 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 ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will. ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will. omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent on file :: prep. having been formally filed with the clerk of ... eading is "on file." See also: file on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel. on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis nugatory :: adj. of no force or effect; invalid. Example: a st ... unconstitutional is a nugatory law. negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person. natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder alias :: n. 1) a name used other than the given name of a p ... or a maiden name). See also: a.k.a. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor alienation :: n. the transfer of title to real property, volunta ... such as a mortgage. See also: alien motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion alien :: 1) n. a person who is not a citizen of the country ... 3) v. to convey title to property. municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court alibi :: n. an excuse used by a person accused or suspected ... which has to be the ultimate alibi. motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime. motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine aleatory :: adj. uncertain; usually applied to insurance contr ... ire damage to his insured building. nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts. not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note aggravated assault :: n. the crime of physically attacking another perso ... in state prison. See also: assault noxious :: adj. harmful to health, often referring to nuisanc ... alth, often referring to nuisances. age discrimination :: n. an employer's unfair treatment of a current or ... men. See also: wrongful termination notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment agreement :: 1) n. any meeting of the minds, even without legal ... specific terms. See also: contract non-feasance :: n. the failure of an agent (employee) to perform a ... . See also: malfeasance misfeasance nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest 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 fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust non-contiguous :: adj. referring to two or more parcels of real prop ... l property which are not connected. non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder. administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge." outbuilding :: n. a structure not connected with the primary resi ... arn, cabana, pool house or cottage. rebuttable presumption :: n. since a presumption is an assumption of fact ac ... a redundancy. See also: presumption performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance perform :: v. 1) to fulfill one's obligations under a contrac ... court order. See also: performance actual notice :: n. having been informed directly of something or h ... official records). See also: notice permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts acquittal :: n. what an accused criminal defendant receives if ... se) of not guilty. See also: acquit personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards. per se :: (purr say) adj. Latin for "by itself," meaning inh ... e statement. See also: libel per se per diem :: adj. or n. Latin for "per day," it is short for pa ... or fees of an employee or an agent. peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy. pedophilia :: n. an obsession with children as sex objects. Over ... also: molestation pornography rape peculation :: n. misappropriation of public (government) funds o ... roperty. See also: misappropriation peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence. penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job. per curiam :: adj. Latin for "by the court," defining a decision ... dentified as the specif- ic author. per capita :: adj. Latin for "by head," meaning to be determined ... ivided equally among those persons. per :: prep. from Latin for "by means of" or simply, "by" ... (by day) or "per capita" (by head). penitentiary :: n. a state or federal prison in which convicts are ... mission of major crimes (felonies). personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. possess :: v. to own, have title to, occupy, physically hold ... ng the estate. See also: possession posse comitatus :: (pahs-see coh-mitt-tah-tus) n. from Latin for "pos ... group is called a posse for short. pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict picketing :: n. standing or parading near a business or governm ... es or threats to the public safety. physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. pilferage :: n. a crime of theft of little things, usually from ... ipments or baggage. See also: theft pimp :: n. a person who procures a prostitute for customer ... also: pander panderer prostitution plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured. pink slip :: n. 1) slang for official automobile registration c ... being fired or laid off from a job. peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order payment in full :: n. the giving of all funds due to another. This la ... ee accepts the payment as complete. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title adjudication :: n. the act of giving a judicial ruling such as a j ... adjudication. See also: bankruptcy adjusted basis :: n. in accounting, the original cost of an asset ad ... s taxes. See also: basis income tax panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption adjourn :: v. the final closing of a meeting, such as a conve ... ater time. See also: recess session pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain overcharge :: v. 1) to charge more than a posted or advertised p ... osecutor to intimidate the accused. output contract :: n. an agreement in which a producer agrees to sell ... h it may have to store away a glut. administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act administer :: v. 1) to conduct the duties of a job or position. ... lso: administrator executor probate own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. owner :: n. one who has legal title or right to something. ... ke one a legal owner. See also: own parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent patent ambiguity :: n. an obvious inconsistency in the language of a w ... the language of a written document. patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending ad hoc :: adj. Latin shorthand meaning "for this purpose onl ... pecially able to argue a key point. patent pending :: n. often abbreviated to "pat. pend." or "pat. pend ... yet been granted. See also: patent paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement. payment in due course :: n. the giving of funds to the holder of a promisso ... nds. See also: holder in due course payable on demand :: adj. a debt on a promissory note or bill of exchan ... e (party to whom the debt is owed). payable :: 1) adj. referring to a debt which is due. A debt m ... liabilities (debts) of a business. pawn :: v. to pledge an item of personal property as secur ... nsed by the state. See also: pledge passion :: n. See also: heat of passion ... n. See also: heat of passion party wall :: n. a wall shared by two adjoining premises which i ... the property of one of the parties. participate :: v. to invest and then receive a part or share, as ... he estate of a person who has died. partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict partial disability :: n. the result of an injury which permanently reduc ... erson's normal functioning is gone. parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again. adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract ademption :: n. the act of adeeming, which is revoking (getting ... gift before death. See also: adeem ad valorem :: adj. Latin for "based on value," which applies to ... per parcel. See also: property tax adeem :: v. to revoke a gift made in a will by destroying, ... e of my death." See also: ademption partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade trade :: 1) n. a business or occupation for profit, particu ... rade fixture trade secret trademark tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney. trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name tontine :: n. a rare agreement among several persons who agre ... e the remaining assets and profits. toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money. testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness title :: n. 1) ownership of real property or personal prope ... ink slip real property title search title abstract :: n. a history of the chain of title. See also: abst ... chain of title. See also: abstract title search :: n. the examination of county records for the prope ... e escrow lien title title insurance title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. transfer agent :: n. a person or company retained by a corporation t ... stockbroker. See also: share stock trust fund :: n. the principal (called the corpus) of a trust, m ... ccumulated profits. See also: trust trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor trustee in bankruptcy :: n. a person appointed by a bankruptcy court to sup ... f the debtors. See also: bankruptcy Twinkie defense :: n. a claim by a criminal defendant that at the tim ... rder. See also: diminished capacity turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence. trustor :: n. the creator of a trust (who normally places the ... ern states. See also: settlor trust triple net lease :: n. a lease in which the lessee's (tenant's) rent i ... ers and malls. See also: lease rent trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial treasury note :: n. a promissory note issued by the U.S. Treasury, ... e also: treasury bill treasury bond treasury bill :: n. a promissory note issued in multiples of $10,00 ... e also: treasury bond treasury note treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition treasury stock :: n. stock of a private corporation which was issued ... be entitled. See also: share stock treaty :: n. a pact between nations which, if entered into b ... ation and not enforceable treaties. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testatrix :: n. female form of testator, although distinguishin ... out of fashion. See also: testator Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials. swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence surrogate :: n. 1) a person acting on behalf of another or a su ... or probates, estates and adoptions. summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house." succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance substitution :: n. putting one person in place of another, in part ... See also: substitution of attorney substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process substitute in :: v. to take over a case from another lawyer, which ... See also: substitution of attorney successive sentences :: n. in criminal law, the imposition of the penalty ... uld be 15 years. See also: sentence suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder sui generis :: (sooh-ee jen-ur-iss) n. Latin for "one of a kind," ... Latin for "one of a kind," unique. swindle :: v. to cheat through trick, device, false statement ... orm of theft. See also: fraud theft syndicate :: n. a joint venture among individuals and/or corpor ... l dissolve. See also: joint venture tenure :: n. 1) in real property, the right to possess the p ... e a probationary period has passed. tentative trust :: n. a bank account deposited in the name of the dep ... hdrawn at any time. See also: trust tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy term :: n. 1) in contracts or leases, a period of time, su ... nancy" is one term for "occupancy." testamentary capacity :: n. having the mental competency to execute a will ... lso: competent undue influence will testator :: n. a person who has written a will which is in eff ... me of his/her death. See also: will testamentary trust :: n. a trust created by the terms of a will. Example ... vivos trust living trust trust will testamentary disposition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract. taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object. tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes. tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax. UCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states. ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial." casual :: adj. defining something that happens by chance, wi ... ppropriate taxes on the wages paid. zoning :: n. a system of developing a city or county plan in ... îâñêîé ãàðàíòèè . |