Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Founded: 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