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: 417
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration
substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance
express contract :: n. a contract in which all elements are specifical ... e circumstances. See also: contract
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
requirements contract :: n. a contract between a supplier (or manufacturer) ... produces. See also: output contract
quasi contract :: n. a situation in which there is an obligation as ... fulfilled. See also: contract quasi
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
specific legacy :: n. a gift in a will of a certain article or proper ... ecific bequest specific devise will
contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract
implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied
forbearance :: n. an intentional delay in collecting a debt or de ... the debtor to pay an added amount.
third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary.
independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee
adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract
oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract
agreement :: 1) n. any meeting of the minds, even without legal ... specific terms. See also: contract
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
on or before :: prep. a phrase usually found in a contract or prom ... ich may be done prior to that date.
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
offeror :: n. a person or entity who makes a specific proposa ... t. See also: contract offer offeree
sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house."
cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
free on board (FOB) :: adj. referring to purchased goods shipped without ... ns to somewhere else. See also: FOB
firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer
failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
court of equity :: n. originally in English common law and in several ... also: chancery court of law equity
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract.
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
guarantor :: n. a person or entity that agrees to be responsibl ... pay or perform. See also: guarantee
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor
demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note
valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract
executory :: adj. something not yet performed or done. Examples ... een distributed to the beneficiary.
output contract :: n. an agreement in which a producer agrees to sell ... h it may have to store away a glut.
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
offer :: n. a specific proposal to enter into an agreement ... es the contract. See also: contract
specific devise :: n. the gift in a will of a certain piece of real e ... ther, David." See also: devise will
specific bequest :: n. the gift in a will of a certain article to a ce ... ce, Sophie." See also: bequest will
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
bid :: n. an offer to purchase with a specific price stat ... getting the job. See also: contract
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
revival :: n. 1) requesting a court to reinstate the force of ... e of limitations (the time to sue).
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
perform :: v. 1) to fulfill one's obligations under a contrac ... court order. See also: performance
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job.
bribery :: n. the crime of giving or taking money or some oth ... s which are against company policy.
special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
revocation :: n. 1) mutual cancellation of a contract by the par ... c offenses. See also: contract will
affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense
ad hoc :: adj. Latin shorthand meaning "for this purpose onl ... pecially able to argue a key point.
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
repudiation :: n. denial of the existence of a contract and/or re ... also: anticipatory breach contract
represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal.
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts.
respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal
revoke :: v. to annul or cancel an act, particularly a state ... oke a license. See also: revocation
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner.
beneficiary :: n. a broad definition for any person or entity (li ... beneficiary third-party beneficiary
rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission
rescission :: n. the cancellation of a contract by mutual agreem ... t of the parties. See also: rescind
bequest :: n. the gift of personal property under the terms o ... e been made). See also: legacy will
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
secret rebate :: n. a kickback of money by a business to a "preferr ... h a secret rebate. See also: rebate
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer
term :: n. 1) in contracts or leases, a period of time, su ... nancy" is one term for "occupancy."
tenure :: n. 1) in real property, the right to possess the p ... e a probationary period has passed.
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant
subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination
statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
subscribe :: v. 1) to sign at the end of a document. The courts ... r periodical magazine or newspaper.
third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
voidable :: adj. capable of being made void. Example: a contra ... ot necessarily void. See also: void
waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant
royalty :: n. a percentage of gross or net profit or a fixed ... also: copyright infringement patent
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.
demand note :: n. a promissory note which is payable any time the ... allments. See also: promissory note
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
residuary bequest :: n. in a will, the gift of whatever is left (the re ... residuary legacy. See also: residue
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
running at large :: adj. 1) referring to cattle or other animals which ... om an entire city, county or state.
pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust
non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder.
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again.
preemption :: n. the rule of law that if the federal government ... cs control may parallel each other.
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
bondsman :: n. 1) someone who sells bail bonds. 2) a surety (g ... also: bail bond bail bondsman bond
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
writ :: n. a written order of a judge requiring specific a ... ntity to whom the writ is directed.
will :: n. a written document which leaves the estate of t ... will and testament probate testator
extinguishment :: n. the cancellation or destruction of a right, qui ... urther money or performance is due.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence.
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act
special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding
show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause
shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case
share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock.
statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party.
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
testamentary disposition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title
syndicate :: n. a joint venture among individuals and/or corpor ... l dissolve. See also: joint venture
suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder
moot :: adj. 1) unsettled, open to argument or debatable, ... st. See also: moot court moot point
mining claim :: n. a description by boundaries of real property in ... g within a specific period of time.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
due :: n. and adj. owed as of a specific date. A popular ... ecessarily mean that a debt is due.
draw :: v. 1) to prepare any document. 2) specifically to ... signed a bill of exchange or check.
dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk.
endorsement :: (indorsement)n. 1) the act of the owner or payee s ... te. See also: negotiable instrument
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
extension :: n. granting of a specific amount of extra time to ... he original expiration of the term.
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
community property :: n. property and profits received by a husband and ... and distribution separate property
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
corporation :: n. an organization formed with state governmental ... ation public corporation securities
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
repair :: v. to restore to former condition or in some contr ... tching to temporarily halt leaking.
debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds.
cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment
FOB :: 1) adj. short for free on board, meaning shipped t ... cost. 2) Friend of Bill (Clinton).
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
joint venture :: n. an enterprise entered into by two or more peopl ... s terminated. See also: partnership
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
loiter :: v. to linger or hang around in a public place or b ... kenness or being a public nuisance.
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations
jobber :: n. a merchant who buys products (usually in bulk o ... buys and acts for specific clients.
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity
heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
indeterminate sentence :: n. the prison term imposed after conviction for a ... w in the future. See also: sentence
code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute
power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
counterpart :: n. in the law of contracts, a written paper which ... rent localities. See also: contract
counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
covenant not to compete :: n. a common provision in a contract for sale of a ... the sales price. See also: covenant
defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs.
declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state.
construction :: n. the act of a lawyer or court in interpreting an ... tion. See also: strict construction
concealment :: n. fraudulent failure to reveal information which ... lawsuit for fraud. See also: fraud
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation
commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility
condition :: n. a term or requirement stated in a contract, whi ... tion precedent condition subsequent
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
consortium :: n. 1) a group of separate businesses or business p ... oney terms is a difficult question.
consent :: 1) n. a voluntary agreement to another's propositi ... from contracts to sexual relations.
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale
executed :: 1) adj. to have been completed. (Example: "it is a ... a death sentence. See also: execute
execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
ex delicto :: (ex dee-lick-toe)adj. Latin for a reference to som ... ns which were civil wrongs (torts).
express :: adj. direct, unambiguous, distinct language, parti ... plication to determine the meaning.
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
forthwith :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forgery :: n. 1) the crime of creating a false document, alte ... See also: counterfeit forger fraud
foreseeability :: n. reasonable anticipation of the possible results ... e also: foreseeable risk negligence
escape clause :: n. a provision in a contract which allows one of t ... ligation if a certain event occurs.
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance.
disability :: n. 1) a condition which prevents one from performi ... ct, or being insane or incompetent.
diminution in value :: n. in the event of a breach of contract, the decre ... actly as specified in the contract.
dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available.
drop dead date :: n. a provision in a contract or a court order whic ... ng property or entering a judgment.
duty :: n. 1) a legal obligation, the breach of which can ... on imports. See also: duty of care
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.
cohabitation :: n. living together in the same residence, generall ... xual relationships as cohabitation.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse.
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
aleatory :: adj. uncertain; usually applied to insurance contr ... ire damage to his insured building.
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
assignment :: n. the act of transferring an interest in property ... ing with property. See also: assign
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
as is :: adj. description of a condition in a sales contrac ... es to cancel the "as is" provision.
arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract
agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption
acceleration :: n. 1) speeding up the time when there is vesting ( ... See also: acceleration clause vest
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer
accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach).
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently.
act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable.
assured :: n. the person or entity that is insured, often fou ... ance contracts. See also: insurance
broker :: n. in general, a person who arranges contracts bet ... security ("hocked") at high rates.
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
bottomry :: n. a mortgage contract in which a ship and/or its ... n sell the ship and/or its freight.
boilerplate :: n., adj. slang for provisions in a contract, form ... favor and/or protect the provider.
buy-sell agreement :: n. a contract among the owners of a business which ... older's interest in the enterprise.
bylaws :: n. the written rules for conduct of a corporation, ... d/or amended. See also: corporation
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
bill of sale :: n. a written statement attesting to the transfer ( ... ther provisions. See also: contract
bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery.
bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment
bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bargain :: n. 1) a mutual agreement or contract between two p ... o: agreement consideration contract
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
benefit :: 1) n. any profit or acquired right or privilege, p ... fit Ken Murray." See also: contract
beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust
fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear.
ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.
partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items.
party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule
muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title
mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss.
mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission
mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code
mutual wills :: n. wills made by two people (usually spouses, but ... r the other person making the will.
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal.
offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror).
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract.
ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal
quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance
reasonable time :: n. in contracts, common custom in the business or ... a contract using such a vague term.
rebate :: 1) n. a discount or deduction on sales price. A se ... v. to give a discount or deduction.
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
reliance :: n. acting upon another's statement of alleged fact ... able. See also: reasonable reliance
release :: 1) v. to give up a right as releasing one from his ... the writing that grants a release.
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed.
puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud
prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
power :: n. the right, authority and ability to take some a ... g legal rights and many other acts.
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
proviso :: n. a term or condition in a contract or title docu ... on in a contract or title document.
promoter :: n. a person who puts together a business, particul ... y effort and not by assets or cash.
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract
infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
indemnify :: v. to guarantee against any loss which another mig ... r harmless. See also: hold harmless
inchoate :: adj. or adv. referring to something which has begu ... ract which has not been formalized.
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
instrument :: n. 1) a written legal document such as a contract, ... in an assault (a blunt instrument).
innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved.
impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
full disclosure :: n. the need in business transactions to tell the " ... icant fact. See also: caveat emptor
frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
insured :: n. 1) the person or entity who will be compensated ... s go to others. See also: insurance
interlineation :: n. the act of writing between the lines of a docum ... document re-typed and then signed.
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages
material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach.
material representation :: n. a convincing statement made to induce someone t ... bility. See also: contract material
mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
may :: v. a choice to act or not, or a promise of a possi ... sion or regulation. See also: shall
loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
K :: n. the shorthand symbol for "contract" used almost ... rsally by lawyers and law students.
joint powers agreement :: n. a contract between a city, a county and/or a sp ... istrict or other government entity.
joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership
legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
liable :: adj. responsible or obligated. Thus, a person or e ... al prosecution. See also: liability
renewal :: n. keeping an existing arrangement in force for an ... ction which evidences the new term.