|
|
|
|
Dictionary of Law |
Founded: 213 civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. civil liberties :: n. rights or freedoms given to the people by the F ... nment. See also: civil civil rights civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. civil action :: n. any lawsuit relating to civil matters and not c ... inal prosecution. See also: lawsuit civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law riparian rights :: n. the right of the owner of the land forming the ... elled away from its natural course. conjugal rights :: n. a spouse's so-called "rights" to the comforts a ... r") in a special room or apartment. constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar marital rights :: n. an old-fashioned expression for the rights of a ... also: consortium loss of consortium proprietary rights :: n. those rights which go with ownership of real pr ... hip of real property or a business. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. civil code :: n. in many states, the name for the collection of ... negligence lawsuits and practices. civil penalties :: n. fines or surcharges imposed by a governmental a ... s, failure to obtain a permit, etc. creditor's rights :: n. the field of law dealing with the legal means a ... also: creditor debt debtor judgment amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s. civil liability :: n. potential responsibility for payment of damages ... ans open to punishment for a crime. discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights boycott :: n. organized refusal to purchase products or patro ... e laws. See also: secondary boycott right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court intrinsic fraud :: n. an intentionally false representation (lie) whi ... ts. See also: extrinsic fraud fraud intestate succession :: n. the distribution when a person dies without lea ... sion. See also: intestacy intestate interrogation :: n. questioning of a suspect or witness by law enfo ... the poisonous tree Miranda warning joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism. ex rel. :: conj. abbreviation for Latin ex relatione, meaning ... . Archie Johnson v. Hardy Products. equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate dower :: n. an old English common law right of a widow to o ... t and distribution widow's election easement :: n. the right to use the real property of another f ... rstandings at the time of creation. encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title. expropriation :: n. a taking of property or rights by governmental ... the taker. See also: eminent domain infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark ingress :: 1) n. entrance. 2) n. the right to enter. 3) v. th ... property. See also: easement egress injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning in loco parentis :: prep. (in loh-coh pah-rent-iss) Latin for "instead ... 5, if and when he needs legal help. inter se :: (in-tur say)prep. Latin for "among themselves," me ... or only to the trustees as a group. passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court security interest :: n. generic term for the property rights of a lende ... : deed of trust lien mortgage UCC-1 retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto reservation :: n. a provision in a deed which keeps (reserves) to ... reserves lot 5." See also: reserve public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly quasi in rem :: adj. referring to a legal action which is primaril ... See also: in personam in rem quasi real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason self-executing :: adj. immediately effective without further action, ... party the right to try to collect. third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. vest :: v. to give an absolute right to title or ownership ... . See also: vested vested remainder vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities. self-incrimination :: n. making statements or producing evidence which t ... nda warning rights taking the Fifth statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor property :: n. anything that is owned by a person or entity. P ... rty real property separate property proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine mutual :: adj., adv. referring to anything in which both par ... rights, understanding or agreement. National Labor Relations Board :: n. an independent regulatory commission created in ... see union and organizing elections. patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending pendente lite :: (pen-den-tay lee-tay) adj. Latin for awaiting the ... enforced until the lawsuit is over. priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. power :: n. the right, authority and ability to take some a ... g legal rights and many other acts. person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal. misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder confrontation :: n. 1) fight or argument. 2) the right of a crimina ... s. See also: Bill of Rights witness malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. 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 rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing ex delicto :: (ex dee-lick-toe)adj. Latin for a reference to som ... ns which were civil wrongs (torts). dowry :: n. from the days when a groom expected to profit f ... sts in the Civil Code of Louisiana. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt battery :: n. the actual intentional striking of someone, wit ... e also: assault assault and battery alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states. amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress. assault and battery :: n. the combination of the two crimes of threat (as ... damages. See also: assault battery citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite clear and convincing evidence :: n. evidence that proves a matter by the "preponder ... See also: beyond a reasonable doubt court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. deceit :: n. dishonesty, fraudulent conduct, false statement ... . See also: fraud misrepresentation defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint count :: n. each separate statement in a complaint which st ... also: cause of action common counts conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute concealment :: n. fraudulent failure to reveal information which ... lawsuit for fraud. See also: fraud conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator replevin :: n. under common law, the right to bring a lawsuit ... se of action" for all civil wrongs. sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. common stock :: n. stock in a corporation in which dividends (payo ... oration preferred stock share stock common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation complaint :: n. the first document filed with the court (actual ... g prayer service of process summons confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination commercial law :: n. all the law which applies to the rights, relati ... . See also: Uniform Commercial Code color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report cohabitation :: n. living together in the same residence, generall ... xual relationships as cohabitation. confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default defraud :: v. to use deceit, falsehoods or trickery to obtain ... longing to another. See also: fraud desertion :: n. the act of abandoning, particularly leaving one ... tody and other post-marital issues. devolution :: n. 1) the transfer of title to real property by th ... nment to another. See also: devolve decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources. declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust tortious :: adj. referring to an act which is a tort (civil wr ... tort (civil wrong). See also: tort transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. tortfeasor :: n. a person who commits a tort (civil wrong), eith ... : joint tortfeasors negligence tort tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death sexual harassment :: n. unwanted sexual approaches (including touching, ... emale employees. See also: nuisance sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws. arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant asset :: n. generally any item of property that has monetar ... ill and rights to market a product. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself. |