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Dictionary of Law |
Founded: 269 preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing overcharge :: v. 1) to charge more than a posted or advertised p ... osecutor to intimidate the accused. surcharge :: n. an additional charge of money made because it w ... for being late in making a payment. jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing discharge in bankruptcy :: n. an order given by the bankruptcy judge, at the ... red creditors. See also: bankruptcy administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing rehearing :: n. conducting a hearing again based on the motion ... the judge or agency was just wrong. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction public charge :: n. a general term for an indigent, sick or severel ... be taken care of at public expense. severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party accusation :: n. 1) in legal terms accusation means officially c ... im of wrongdoing by another person. heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder arraignment :: n. the hearing in which a person charged with a cr ... re taken care of. See also: arraign mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure. open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case discharge :: v. 1) to perform one's duties. 2) to dismiss someo ... d not be paid. See also: bankruptcy indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment bifurcation :: n. the act of a judge in dividing issues before a ... on the other issue. (See bifurcate ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge." Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law back-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing. adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation title search :: n. the examination of county records for the prope ... e escrow lien title title insurance roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial. constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money. transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax. usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays. restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court setting :: n. the action of a court, clerk or commissioner in ... g a trial or hearing. See also: set sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi plenary :: adj. full, complete, covering all matters, usually ... ring to an order, hearing or trial. pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings." procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer sidebar :: n. 1) physically, an area in front of or next to t ... See also: approach the bench bench special :: adj. referring to a particular purpose, person or ... rator, master, orders and so forth. special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted. star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate documentary evidence :: n. any document (paper) which is presented and all ... evancy. See also: document evidence demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay court calendar :: n. the list of matters to be heard or set for tria ... ring by a court. See also: calendar coroner :: n. a county official with the responsibility to de ... hology. See also: forensic medicine claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment in camera :: adj. or adv. phrase. Latin for "in chambers." This ... he courtroom. See also: in chambers in chambers :: adj. referring to discussions or hearings held in ... ed "in camera." See also: in camera judicial proceedings :: n. any action by a judge re: trials, hearings, pet ... efore the court. See also: judicial judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. peremptory :: adj. absolute, final and not entitled to delay or ... allenges or a date set for hearing. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits interim order :: n. a temporary order of the court pending a hearin ... erlocutory decree restraining order incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea conscientious objector :: n. a person who refuses to serve in the military d ... ometimes call them "draft dodgers." confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain count :: n. each separate statement in a complaint which st ... also: cause of action common counts crime against nature :: n. an oldfashioned term for sodomy (anal sexual in ... states. See also: bestiality sodomy court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier cite :: v. 1) to make reference to a decision in another c ... police officer). See also: citation civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. civil penalties :: n. fines or surcharges imposed by a governmental a ... s, failure to obtain a permit, etc. crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder criminal attorney :: n. a popular term for an attorney who specializes ... . See also: crime felon misdemeanor dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint disposition :: n. the court's final determination of a lawsuit or ... on of a lawsuit or criminal charge. diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. domestic violence :: n. the continuing crime and problem of the physica ... ravated assault assault and battery discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance. defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages criminal justice :: n. a generic term for the procedure by which crimi ... endered and punishment carried out. date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note. American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant arraign :: v. to bring a criminal defendant before the court, ... d. See also: appearance arraignment allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman accused :: n. a person charged with a crime. ... n. a person charged with a crime. adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. book account :: n. an account of a customer kept in a business led ... or a debt. See also: account stated C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped. breaking and entering :: n. 1) the criminal act of entering a residence or ... above. See also: burglary trespass bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination Associate Justice :: n. a member of the U.S. Supreme Court appointed by ... acquitted.) See also: Supreme Court Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant. M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed. prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior prima facie case :: n. a plaintiff's lawsuit or a criminal charge whic ... en and shut." See also: prima facie peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence. party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement accomplice :: n. someone who assists in the commission of a crim ... cipal criminal. See also: accessory plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading mitigating circumstances :: n. in criminal law, conditions or happenings which ... ity heat of passion Twinkie defense misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment free on board (FOB) :: adj. referring to purchased goods shipped without ... ns to somewhere else. See also: FOB fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud extenuating circumstances :: n. surrounding factors (sometimes called mitigatio ... See also: mitigating circumstances executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974). extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved. lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy indecent exposure :: n. the crime of displaying one's genitalia to one ... d give the exposer a sexual charge. intent :: n. mental desire and will to act in a particular w ... ess homicide or other lesser crime. interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape |