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Dictionary of Law |
Founded: 1009 law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity environmental law :: n. a body of state and federal statutes intended t ... imental effects on the environment. civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. positive law :: n. statutory man-made law, as compared to "natural ... 651). See also: natural law statute administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act lemon law :: n. statutes adopted in some states to make it easi ... still trying" to make it run right. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor bylaws :: n. the written rules for conduct of a corporation, ... d/or amended. See also: corporation blue laws :: n. state or local laws which prohibit certain acti ... estiges remain at least informally. blue sky laws :: n. laws intended to protect the public from purcha ... e sky." See also: corporation stock fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s. law of the land :: n. a slang term for existing laws. ... n. a slang term for existing laws. hornbook law :: n. lawyer lingo for a fundamental and well-accepte ... e a hornbook is a primer of basics. canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. attorney at law (or attorney-at-law) :: n. (or attorney-at-law) a slightly fancier way of ... r way of saying attorney or lawyer. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court commercial law :: n. all the law which applies to the rights, relati ... . See also: Uniform Commercial Code antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure outlaw :: n. popularly, anyone who commits serious crimes an ... us crimes and acts outside the law. natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. unlawful :: adj. referring to any action which is in violation ... on, or established legal precedents criminal law :: n. those statutes dealing with crimes against the ... See also: crime felony misdemeanor long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge." constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder bill :: n. 1) what is commonly called a "check" by which t ... ions, which is falling into disuse. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner. guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard. mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce may :: v. a choice to act or not, or a promise of a possi ... sion or regulation. See also: shall hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant result :: n. common lawyer lingo for outcome of a lawsuit. ... yer lingo for outcome of a lawsuit. retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms. stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery master and servant :: n. the body of law, including statutes and legal d ... lso: employment respondeat superior federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk. quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective. regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil code :: n. in many states, the name for the collection of ... negligence lawsuits and practices. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary 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 pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will construction :: n. the act of a lawyer or court in interpreting an ... tion. See also: strict construction privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination self-executing :: adj. immediately effective without further action, ... party the right to try to collect. monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors. nugatory :: adj. of no force or effect; invalid. Example: a st ... unconstitutional is a nugatory law. repeal :: 1) v. to annul an existing law, by passage of a re ... n. the act of annulling a statute. exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. replevin :: n. under common law, the right to bring a lawsuit ... se of action" for all civil wrongs. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will civil liberties :: n. rights or freedoms given to the people by the F ... nment. See also: civil civil rights irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock common area :: n. in condominium and some cooperative housing pro ... tage of total store space occupied. immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue common stock :: n. stock in a corporation in which dividends (payo ... oration preferred stock share stock general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership court of equity :: n. originally in English common law and in several ... also: chancery court of law equity default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself. dower :: n. an old English common law right of a widow to o ... t and distribution widow's election decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable curtesy :: n. in old common law, the right of a surviving hus ... ommunity property dower life estate debt :: n. 1) a sum of money due to another. 2) obligation ... mount owed. See also: common counts equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ count :: n. each separate statement in a complaint which st ... also: cause of action common counts excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability et seq. :: (et seek) n. abbreviation for the Latin phrase et ... Vehicle Code Section 1204, et seq." laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire query :: n. common lawyer lingo for a question to be answer ... ingo for a question to be answered. prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. and :: conj. this little word is important in law, partic ... ds "or," but not if it reads "and." prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title putative :: adj. commonly believed, supposed or claimed. Thus ... not the last will of the deceased. arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify. loiter :: v. to linger or hang around in a public place or b ... kenness or being a public nuisance. authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. assignment :: n. the act of transferring an interest in property ... ing with property. See also: assign per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked. plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will. plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge precatory :: adj. referring to a wish or advisory suggestion wh ... lutely prevent her from selling it. pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant land :: n. real property, real estate (and all that grows ... See also: real estate real property 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 omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien justifiable homicide :: n. a killing without evil or criminal intent, for ... me. See also: homicide self-defense juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant pendente lite :: (pen-den-tay lee-tay) adj. Latin for awaiting the ... enforced until the lawsuit is over. pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction petit jury :: n. old-fashioned name for the jury sitting to hear ... r duties. See also: Grand Jury jury juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job. piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured. paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader owner :: n. one who has legal title or right to something. ... ke one a legal owner. See also: own kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy. peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence. penal :: adj. referring to criminality, as in defining "pen ... ntiary confining convicted felons). paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement. K :: n. the shorthand symbol for "contract" used almost ... rsally by lawyers and law students. patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending patent defect :: n. an obvious flaw in a product or a document (suc ... he property description in a deed). plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant non sequitur :: : (nahn sek [as in heck]-kwit-her) n. Latin for "i ... w, stated: "That's a non sequitur." McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien mediator :: n. a person who conducts mediation. A mediator is ... o: arbitration arbitrator mediation levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution material witness :: n. a person who apparently has information about t ... e. See also: material trial witness material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach. preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. master :: n. 1) employer, in the area of law known as "maste ... ter and servant respondeat superior liable :: adj. responsible or obligated. Thus, a person or e ... al prosecution. See also: liability merchantable :: adj. a product of a high enough quality to make it ... taminated or flawed. See also: sale merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial mitigating circumstances :: n. in criminal law, conditions or happenings which ... ity heat of passion Twinkie defense M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor misadventure :: n. a death due to unintentional accident without a ... me. See also: homicide manslaughter misfeasance :: n. management of a business, public office or othe ... n of the law. See also: malfeasance marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages litigation :: n. any lawsuit or other resort to the courts to de ... termine a legal question or matter. mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate 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 manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages litigant :: n. any party to a lawsuit. This means plaintiff, d ... ant, but not a witness or attorney. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. legalese :: n. slang for the sometimes arcane, convoluted and ... rgon of lawyers and legal scholars. legal services :: n. the work performed by a lawyer for a client. ... performed by a lawyer for a client. non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine legal :: adj., adv. according to law, not in violation of l ... law or anything related to the law. nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance offense :: n. a crime or punishable violation of law of any t ... type or magnitude. See also: crime offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal. 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. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. legal action :: n. any lawsuit, petition or prosecution. ... y lawsuit, petition or prosecution. mouthpiece :: n. old-fashioned slang for one's lawyer. ... d-fashioned slang for one's lawyer. movant :: n. the party in a lawsuit or other legal proceedin ... or judgment). See also: motion move multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot 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 for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion legal fiction :: n. a presumption of fact assumed by a court for co ... he law, and not law from fictions." N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer legal duty :: n. the responsibility to others to act according t ... al injuries. See also: duty of care natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person. necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. special :: adj. referring to a particular purpose, person or ... rator, master, orders and so forth. sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause sidebar :: n. 1) physically, an area in front of or next to t ... See also: approach the bench bench similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance substitute in :: v. to take over a case from another lawyer, which ... See also: substitution of attorney substitution :: n. putting one person in place of another, in part ... See also: substitution of attorney subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. stay :: n. a court-ordered short-term delay in judicial pr ... r case. See also: stay of execution short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act. seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence separate property :: n. in community property states (California, Texas ... pouse. See also: community property secondary boycott :: n. an organized refusal to purchase the products o ... state laws and, thus, are illegal. search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant sexual harassment :: n. unwanted sexual approaches (including touching, ... emale employees. See also: nuisance shareholders' derivative action :: n. a lawsuit by a corporation's shareholders, theo ... gement. See also: derivative action sharp practice :: n. actions by a lawyer using misleading statements ... e bar association or by the courts. sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle service of process :: n. the delivery of copies of legal documents such ... by publication substituted service set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset settle :: v. to resolve a lawsuit without a final court judg ... rior to trial. See also: settlement substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business. unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure usurious :: adj. referring to the interest on a debt which exc ... ate allowed by law. See also: usury vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante. voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence successive sentences :: n. in criminal law, the imposition of the penalty ... uld be 15 years. See also: sentence summons :: n. a document issued by the court at the time a la ... use service service of process writ supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials. tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money. trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney. 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. trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence property damage :: n. injury to real or personal property through ano ... l value. See also: damages property prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings." process :: n. in law, the legal means by which a person is re ... service of process subpena summons process server :: n. a person who serves (delivers) legal papers in ... table. See also: service of process proctor :: n. 1) in admiralty (maritime) law, an attorney. 2) ... ttorney. 2) person who keeps order. provisional remedy :: n. a generic term for any temporary order of a cou ... ing. See also: temporary injunction proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence quash :: v. to annul or set aside. In law, a motion to quas ... s when the wrong person was served. Queen's Bench :: n. 1) the highest court in Great Britain during th ... include close to 50 percent women. question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance punitive damages :: n. (synony- mous with exemplary damages), damages ... t acts. See also: exemplary damages puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander probative facts :: n. evidence which tends to prove something which i ... See also: probative probative value probative :: adj. in evidence law, tending to prove something. ... so: probative facts probative value prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case prima facie case :: n. a plaintiff's lawsuit or a criminal charge whic ... en and shut." See also: prima facie prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). pro per :: adj. short for "propria persona," which is Latin f ... in propria persona propria persona pro se :: (proh say) prep. Latin for "for himself." A party ... o se." See also: in propria persona pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. pro bono :: adj. short for pro bono publico, Latin for "for th ... cation organizations and charities. priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract quit :: v. to leave, used in a written notice to a tenant ... o: notice to quit unlawful detainer quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will residence :: n. 1) the place where one makes his/her home. Howe ... f incorporation. See also: resident resisting arrest :: n. the crime of using physical force (no matter ho ... referred to merely as "resisting." respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site." request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. res :: (rayz)n. Latin, "thing." In law lingo res is used ... other Latin words as "thing that." res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case. roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule riparian rights :: n. the right of the owner of the land forming the ... elled away from its natural course. rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel revenue ruling :: n. a published opinion of the Internal Revenue Ser ... evenue ruling. See also: income tax right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries. renunciation :: n. 1) giving up a right, such as a right of inheri ... renunciation is factually too late. receivership :: n. the process of appointment by a court of a rece ... n receivership." See also: receiver receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. reciprocal discovery :: n. the exchange of documents, lists of witnesses, ... n before trial. See also: discovery reciprocity :: n. mutual exchange of privileges between states, n ... any large states refuse to give it. jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities. Racketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses. rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion recover :: v. to receive a money judgment in a lawsuit. ... eive a money judgment in a lawsuit. recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). rehearing :: n. conducting a hearing again based on the motion ... the judge or agency was just wrong. recovery :: n. the amount of money and any other right or prop ... ceived by a plaintiff in a lawsuit. recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant registration statement :: n. a detailed report to be filed with the Securiti ... See also: blue sky laws prospectus preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." collateral attack :: n. a legal action to challenge a ruling in another ... of paternity in the divorce action. collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. cohabitation :: n. living together in the same residence, generall ... xual relationships as cohabitation. Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. codefendant :: n. when more than one person or entity is sued in ... party sued is called a codefendant. codify :: v. to arrange and label a system of laws. ... arrange and label a system of laws. commission :: n. 1) a fee paid based on a percentage of the sale ... on or the Federal Trade Commission. commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places. concealment :: n. fraudulent failure to reveal information which ... lawsuit for fraud. See also: fraud conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain concealed weapon :: n. a weapon, particularly a handgun, which is kept ... ions, arrests or improper activity. compounding a felony :: n. when a person injured by a felony (being shot, ... n most jurisdictions it is a crime. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will complainant :: n. a person or entity who begins a lawsuit by fili ... lso: complaint petitioner plaintiff closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial close corporation :: n. a corporation which is permitted by state law t ... mily members. See also: corporation chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title chancellor :: n. from the old English legal system, a chancellor ... n the same courts. See also: equity chancery :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity civil action :: n. any lawsuit relating to civil matters and not c ... inal prosecution. See also: lawsuit cestui que trust :: n. (properly pronounced ses-tee kay, but lawyers p ... ust's assets. See also: beneficiary cease and desist order :: n. an order of a court or government agency to a p ... ing which would damage the ecology. case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. caveat :: n. (kah-vee-ott) from Latin caveat for "let him be ... t, "I just want to warn you that:." caveat emptor :: (kah-vee-ott emptor) Latin for "let the buyer bewa ... See also: consumer protection laws civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar civil liability :: n. potential responsibility for payment of damages ... ans open to punishment for a crime. class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination counterpart :: n. in the law of contracts, a written paper which ... rent localities. See also: contract court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. creditor's rights :: n. the field of law dealing with the legal means a ... also: creditor debt debtor judgment crime :: n. a violation of a law in which there is injury t ... drugs. See also: felony misdemeanor counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint counsel :: 1) n. a lawyer, attorney, attorney-at-law, counsel ... self is a crime. See also: attorney corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship corporation :: n. an organization formed with state governmental ... ation public corporation securities corpus juris :: n. the body of the law, meaning a compendium of al ... lanations of the law of that state. 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 dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company. custody :: n. 1) holding property under one's control. 2) law ... inor child. See also: child custody conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft controlled substance :: n. a drug which has been declared by federal or st ... those who have used the substances. confusingly similar :: adj. in the law of trademarks, when a trademark, l ... a of the other. See also: trademark conscious parallelism :: n. an undiscussed imitation by a business of a com ... cidence? No, conscious parallelism. consent judgment :: n. a judgment issued by a judge based on an agreem ... forceable. See also: consent decree consequential damages :: n. damages claimed and/or awarded in a lawsuit whi ... See also: damages foreseeable risk confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft confidential communication :: n. certain written communications which can be kep ... privilege privileged communication confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact. confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract consortium :: n. 1) a group of separate businesses or business p ... oney terms is a difficult question. contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator conspirator :: n. a person or entity who enters into a plot with ... of antitrust laws. (See conspiracy constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence adopt :: v. 1) to take on the relationship of parent to chi ... nt in a lawsuit. See also: adoption agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts. agreement :: 1) n. any meeting of the minds, even without legal ... specific terms. See also: contract aid and abet :: v. help commit a crime. A lawyer redundancy since ... be paid by the word. See also: abet affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws. advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute common carrier :: n. an individual, a company or a public utility (l ... -time-only event. See also: carrier ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio." abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment. condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach). act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial." action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot." abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court. abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil barrister :: n. in the United States a fancy name for a lawyer ... ome barristers. See also: solicitor battery :: n. the actual intentional striking of someone, wit ... e also: assault assault and battery benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire barratry :: n. creating legal business by stirring up disputes ... ent he/she has no legitimate claim. bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit. bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys. bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry. bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. capricious :: adv., adj. unpredictable and subject to whim, ofte ... a judge is inconsistent or erratic. care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty boiler room :: n. a telephone bank operation in which fast-talkin ... and in violation of security laws. boycott :: n. organized refusal to purchase products or patro ... e laws. See also: secondary boycott breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith award :: 1) n. the decision of an arbitrator or commissione ... warded $27,000." See also: judgment answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property arraign :: v. to bring a criminal defendant before the court, ... d. See also: appearance arraignment Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. attorney's advertising :: n. the commercials which appear on television or c ... es to handle high volume practices. attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity association :: n. any group of people who have joined together fo ... ed, although technically redundant. arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress. de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied hot pursuit :: n. when a law enforcement officer is so close behi ... sh pursuit. See also: fresh pursuit homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide hold harmless :: n. a promise to pay any costs or claims which may ... e other party agrees to cover them. holdover tenancy :: n. the situation when a tenant of real estate cont ... to a lawsuit for unlawful detainer. hometowned :: adv. legalese for a lawyer or client suffering dis ... orneys over those from out of town. implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children. income :: n. money, goods or other economic benefit received ... ernment and most state governments. incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam in re :: prep. short for "in regard to" or concerning. Ofte ... e Adoption of Marcus McGillicuddy." in forma pauperis :: (in form-ah paw-purr-iss) adj. or adv. Latin for " ... poor defendants who have been sued. in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved. in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction highway :: n. any public street, road, turnpike or canal whic ... rivilege and not an absolute right. heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages fugitive from justice :: n. a person convicted or accused of a crime who hi ... extradition. See also: extradition fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail. fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint 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." hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. John Doe :: n. 1) a fictitious name used for a possible male d ... lso: fictitious defendants Jane Doe joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several JD :: n. short for Juris Doctor, identifying the holder ... law degree. See also: Juris Doctor Jane Doe :: n. 1) a fictitious name used for a possible female ... lso: fictitious defendants John Doe invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence ipso facto :: (ip-soh fact-toe)prep. Latin for "by the fact itse ... ot entitled to a driver's license." Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction jurisprudence :: n. the entire subject of law, the study of law and ... e study of law and legal questions. juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire Juris Doctor :: (J.D.) n. the law degree granted upon graduation b ... tles a person to a graduate degree. judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party judgment debtor :: n. the losing defendant in a lawsuit who owes the ... winner. See also: judgment creditor intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter intestate succession :: n. the distribution when a person dies without lea ... sion. See also: intestacy intestate inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will 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 innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain inherit :: v. to receive all or a portion of the estate of an ... intestacy intestate succession will infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits interrogation :: n. questioning of a suspect or witness by law enfo ... the poisonous tree Miranda warning interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. instruction :: n. an explanation of the law governing a case whic ... fore the jury begins deliberations. insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories disability :: n. 1) a condition which prevents one from performi ... ct, or being insane or incompetent. disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude disbarment :: n. the ultimate discipline of an attorney, which i ... ation and/or cure. See also: disbar dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss disposition :: n. the court's final determination of a lawsuit or ... on of a lawsuit or criminal charge. document :: n. a popular generic word among lawyers for any pa ... it. See also: documentary evidence domestic violence :: n. the continuing crime and problem of the physica ... ravated assault assault and battery domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission. diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure. directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict devolution :: n. 1) the transfer of title to real property by th ... nment to another. See also: devolve defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration deceased :: 1) adj. dead. 2) n. the person who has died, as us ... ore genteel word is the "decedent." decide :: v. for a judge, arbitrator, court of appeals or ot ... rding to the law as he/she sees it. decision :: n. judgment, decree or determination of findings o ... (court). See also: decree judgment delayed exchange :: n. an exchange of property to put off capital gain ... method and survived an IRS lawsuit. deliberate :: 1) adj. (dee-lib-er-et) done with care and intenti ... any group including a legislature. derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession descent and distribution :: n. the system of laws which determine who will inh ... nt inheritance intestate succession deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial delinquent :: 1) adj. not paid in full amount or on time. 2) n. ... the law as in juvenile delinquent. demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading duty :: n. 1) a legal obligation, the breach of which can ... on imports. See also: duty of care depose :: v. 1) to ask questions of a witness or a party to ... tion. See also: deponent deposition fertile octogenarian :: n. an unrealistic notion that any person (male or ... e passed laws to cure this anomaly. fighting words :: n. words intentionally directed toward another per ... he basis for a lawsuit for assault. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer forensic testimony :: n. any testimony of expert scientific, engineering ... ee also: forensic forensic medicine forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture forfeiture :: n. loss of property due to a violation of law. See ... violation of law. See also: forfeit foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default forum :: n. a court which has jurisdiction to hold a trial ... f a particular lawsuit or petition. fornication :: n. sexual intercourse between a man and woman who ... obbers, murderers and drug dealers. duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning erroneous :: adj. 1) in error, wrong. 2) not according to estab ... n a legal decision or court ruling. ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness employer :: n. a person or entity which hires the services of ... gency. See also: employee principal entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action exhibit :: n. 1) a document or object (including a photograph ... ncorporated into the main document. ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution executive order :: n. a President's or Governor's declaration which h ... the Congress or state legislature. exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property." enabling clause :: n. a provision in a new statute which empowers a p ... ect, including making expenditures. habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions. illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant forthwith :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse. bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course boilerplate :: n., adj. slang for provisions in a contract, form ... favor and/or protect the provider. carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier carrying for hire :: n. the act of transporting goods or individuals fo ... n. See also: carrier common carrier cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like. jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy belief :: n. convinced of the truth of a statement or allega ... t. See also: information and belief attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite construe :: v. to determine the meaning of the words of a writ ... s normal, widely accepted meanings. article :: n. a paragraph or section of any writing such as e ... or different sections of a statute. account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt amortization :: n. a periodic payment plan to pay a debt in which ... payment. See also: promissory note election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. referendum :: n. the process by which the repeal or approval of ... ter signatures on a petition filed. speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment simultaneous death act :: n. a statute in effect in most states which provid ... See also: descent and distribution service by FAX :: n. delivery of legal documents required by statute ... ee also: service service of process shall :: v. 1) an imperative command as in "you shall not k ... andatory, depending on the context. timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court Truth in Lending Act :: n. a federal statute which requires a commercial l ... erms and cancel the loan agreement. revival :: n. 1) requesting a court to reinstate the force of ... e of limitations (the time to sue). resolution :: n. a determination of policy of a corporation by t ... nactment of statutes or ordinances. nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment. Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance ordinance :: n. a statute enacted by a city or town. ... statute enacted by a city or town. person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee recording acts :: n. the statutes of each state which established th ... ecorders of Deeds. See also: record professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition. plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. public property :: n. property owned by the government or one of its ... l public. See also: common property reasonable time :: n. in contracts, common custom in the business or ... a contract using such a vague term. quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease reckless :: adj. in both negligence and criminal cases, carele ... so: careless negligent wet reckless relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi proxy :: n. 1) someone who is authorized to serve in one's ... d members and convention delegates. preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse. property :: n. anything that is owned by a person or entity. P ... rty real property separate property prostitute :: n. a person who receives payment for sexual interc ... also: pander panderer prostitution restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently. 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 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 sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration shareholders' agreement :: n. an employment agreement among the shareholders ... re only three or four shareholders. spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion modification :: n. a change in an existing court order or judgment ... terms of child support and custody. discount :: n. the payment of less than the full amount due on ... now-the difference is the discount. degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent divestiture :: n. the court-ordered or voluntary giving up of a p ... nopoly or other restraint of trade. escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will credible witness :: n. a witness whose testimony is more than likely t ... ther factors. See also: credibility covenant not to compete :: n. a common provision in a contract for sale of a ... the sales price. See also: covenant contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities. cooperative housing :: n. an arrangement in which an association or corpo ... common area condominium cooperative cotenancy :: n. the situation when more than one person has an ... y by the entirety tenancy in common covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax. et al. :: n. abbreviation for the Latin phrase et alii meani ... urgatroyd v. Sally Sherman, et al." 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 leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages inure :: v. result in. Commonly used in legal terminology i ... ure to the benefit of Janet Jones." interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism. forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:." indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody |