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Dictionary of Law |
Founded: 2063 warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title. grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust breach of trust :: n. 1) any act which is in violation of the duties ... ise or confidence. See also: breach implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty abstract of title :: n. the written report on a title search which show ... e also: chain of title title report chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud beach bum trust provision :: n. a requirement in a trust that a beneficiary can ... live off the trust. See also: trust trust fund :: n. the principal (called the corpus) of a trust, m ... ccumulated profits. See also: trust notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust co-trustee :: n. a trustee of a trust when there is more than on ... act alone. See also: trust trustee restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed trustee in bankruptcy :: n. a person appointed by a bankruptcy court to sup ... f the debtors. See also: bankruptcy subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage senior lien :: n. the first security interest (lien or claim) pla ... rtgage race to the courthouse UCC-1 security interest :: n. generic term for the property rights of a lende ... : deed of trust lien mortgage UCC-1 subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination tentative trust :: n. a bank account deposited in the name of the dep ... hdrawn at any time. See also: trust title search :: n. the examination of county records for the prope ... e escrow lien title title insurance title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1 assignment for benefit of creditors :: n. a method used for a debtor to work out a paymen ... ar basis to pay the debtor's bills. reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage testamentary trust :: n. a trust created by the terms of a will. Example ... vivos trust living trust trust will trustor :: n. the creator of a trust (who normally places the ... ern states. See also: settlor trust living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant voting trust :: n. a trust which solicits vote proxies of sharehol ... ation proxy shareholder stockholder statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution. non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. cestui que trust :: n. (properly pronounced ses-tee kay, but lawyers p ... ust's assets. See also: beneficiary foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney. official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer 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 encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail. grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best. acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party good title :: n. ownership of real property which is totally fre ... or deed of trust on the property). letter of credit :: n. a document issued by a bank guaranteeing to pro ... ong-distance business transactions. lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. ordinary course of business :: n. conduct of business within normal commercial cu ... rmal commercial customs and usages. invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages offense :: n. a crime or punishable violation of law of any t ... type or magnitude. See also: crime mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. offer :: n. a specific proposal to enter into an agreement ... es the contract. See also: contract offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution 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. offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror). meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states. limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence. loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal. offeror :: n. a person or entity who makes a specific proposa ... t. See also: contract offer offeree officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. bill of sale :: n. a written statement attesting to the transfer ( ... ther provisions. See also: contract conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery. bill of exchange :: n. a writing by a party (maker or drawer) ordering ... awn on a bank account is a "check." benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done. contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution. contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment certificate of incorporation :: n. document which some states issue to prove a cor ... the articles are sufficient proof. certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip certificate of deposit (CD) :: n. a document issued by a bank in return for a dep ... D before the pledged time runs out. cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty course of employment :: adj. actively involved in a person's employment at ... Acts. See also: scope of employment court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court four corners of an instrument :: n. the term for studying an entire document to und ... solve an ambiguity in its language. fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning 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 ex officio :: a (ex oh-fish-ee-oh)dj. Latin for "from the office ... ne is president of the corporation. fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark court of equity :: n. originally in English common law and in several ... also: chancery court of law equity dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments. equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable. principal place of business :: n. location of head office of a business where the ... business to the Secretary of State. free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation. writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search uxor :: n. Latin for "wife." In deeds and documents the te ... man and not worthy of being named. vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. for value received :: prep. a phrase used in a promissory note, a bill o ... hout stating what that payment was. abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death title :: n. 1) ownership of real property or personal prope ... ink slip real property title search youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn. omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title in lieu :: prep. instead. "In lieu taxes" are use taxes paid ... go through the foreclosure process. recording acts :: n. the statutes of each state which established th ... ecorders of Deeds. See also: record rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds. seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property." remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection reservation :: n. a provision in a deed which keeps (reserves) to ... reserves lot 5." See also: reserve restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs. rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement defective :: adj. not being capable of fulfilling its function, ... t. See also: defect defective title defect :: n. an imperfection, quite often so great that the ... See also: defective defective title return of service :: n. written confirmation under oath by a process se ... ee also: service service of process question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition acknowledge :: v. 1) generally to admit something, whether bad, g ... recording. See also: acknowledgment proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proffer :: v. to offer evidence in a trial. ... v. to offer evidence in a trial. defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion easement :: n. the right to use the real property of another f ... rstandings at the time of creation. shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism. statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence simple trust :: n. a trust which requires that all income be distr ... nd not accumulated. See also: trust determinable :: adj. defining something which may be terminated up ... es or no longer lives in the house. sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer. service of process :: n. the delivery of copies of legal documents such ... by publication substituted service setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset stay of execution :: n. a court-ordered delay in inflicting the death p ... g the death penalty. See also: stay evasion of tax :: n. the intentional attempt to avoid paying taxes t ... rs. See also: estate tax income tax cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate corpus :: n. 1) Latin for body. 2) the principal (usually mo ... inguished from interest or profits. failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants. commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. law of the land :: n. a slang term for existing laws. ... n. a slang term for existing laws. conscious parallelism :: n. an undiscussed imitation by a business of a com ... cidence? No, conscious parallelism. confidence game :: n. the obtaining of money from others through tric ... t and confidence. See also: swindle competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will conditional bequest :: n. in a will, a gift which will take place only if ... rries." See also: bequest executory law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge. findings of fact :: n. See also: finding ... n. See also: finding contingent beneficiary :: n. a person or entity named to receive a gift unde ... lso: contingent contingent interest controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust professional negligence :: n. See also: malpractice ... n. See also: malpractice conspirator :: n. a person or entity who enters into a plot with ... of antitrust laws. (See conspiracy corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock. marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance share and share alike :: adj. referring to the equal division of a benefit ... among the three surviving nephews. jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty spendthrift clause :: n. a provision in a trust or will that states that ... tly to Junior. See also: trust will nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor precatory :: adj. referring to a wish or advisory suggestion wh ... lutely prevent her from selling it. price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition. pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft breach of the peace :: n. any act which disturbs the public or even one p ... g inappropriately. See also: breach embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation equitable lien :: n. a lien on property imposed by a court in order ... lso: constructive trust equity lien elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) divestiture :: n. the court-ordered or voluntary giving up of a p ... nopoly or other restraint of trade. delayed exchange :: n. an exchange of property to put off capital gain ... method and survived an IRS lawsuit. contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance. distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will distribution :: n. the act of dividing up the assets of an estate ... p percentages. See also: distribute estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness will :: n. a written document which leaves the estate of t ... will and testament probate testator will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will incidental beneficiary :: n. someone who obtains a benefit as the result of ... parent. See also: beneficiary trust carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward age of consent :: n. See also: legal age majority ... n. See also: legal age majority fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts. cy pres doctrine :: n. (see-pray doctrine) from French, meaning "as cl ... ey among several S.P.C.A. chapters. inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will patent defect :: n. an obvious flaw in a product or a document (suc ... he property description in a deed). remise :: v. to give up something, sometimes used in quitcla ... aim deeds. See also: quitclaim deed instrument :: n. 1) a written legal document such as a contract, ... in an assault (a blunt instrument). grantor :: n. the party who transfers title in real property ... or quitclaim deed. See also: grant grantee :: n. the party who receives title to real property ( ... or quitclaim deed. See also: grant springing interest :: n. a future right to title to real property create ... lso: future interest interest title tenement :: n. 1) a term found in older deeds or in boiler-pla ... d by stairways. See also: structure bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust executed :: 1) adj. to have been completed. (Example: "it is a ... a death sentence. See also: execute beneficiary :: n. a broad definition for any person or entity (li ... beneficiary third-party beneficiary consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. covenant that runs with the land :: n. a promise contained in a deed to land or real e ... l future owners. See also: covenant deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. predecease :: v. to die before someone else, as "if my brother, ... estate I give to his son, Eugene." adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock preferred dividend :: n. a payment of a corporation's profits to holders ... of stock. See also: preferred stock premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail. post mortem :: n. Latin for "after death," an examination of a de ... alled an autopsy. See also: coroner affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws. possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal. affidavit :: n. 1) any written document in which the signer swe ... an affidavit. See also: declaration practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse. adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance primogeniture :: n. from Latin for "first born," the ancient rule f ... oes not exist in the United States. prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute private parts :: n. men's or women's genitalia, excluding a woman's ... duction and/or sale of pornography. adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers. privilege :: n. a special benefit, exemption from a duty, or im ... rson, a group or a class of people. presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement prerogative writ :: n. an historic generic term for any writ (court or ... ls or another court. See also: writ presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement adverse interest :: n. a right or concern that is contrary to the inte ... o the interest or claim of another. plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea perform :: v. 1) to fulfill one's obligations under a contrac ... court order. See also: performance performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards. permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability age discrimination :: n. an employer's unfair treatment of a current or ... men. See also: wrongful termination per se :: (purr say) adj. Latin for "by itself," meaning inh ... e statement. See also: libel per se peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence. peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy. pedophilia :: n. an obsession with children as sex objects. Over ... also: molestation pornography rape peculation :: n. misappropriation of public (government) funds o ... roperty. See also: misappropriation penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job. penitentiary :: n. a state or federal prison in which convicts are ... mission of major crimes (felonies). per diem :: adj. or n. Latin for "per day," it is short for pa ... or fees of an employee or an agent. per curiam :: adj. Latin for "by the court," defining a decision ... dentified as the specif- ic author. per capita :: adj. Latin for "by head," meaning to be determined ... ivided equally among those persons. per :: prep. from Latin for "by means of" or simply, "by" ... (by day) or "per capita" (by head). personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing posse comitatus :: (pahs-see coh-mitt-tah-tus) n. from Latin for "pos ... group is called a posse for short. pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege picketing :: n. standing or parading near a business or governm ... es or threats to the public safety. petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. 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. pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation pilferage :: n. a crime of theft of little things, usually from ... ipments or baggage. See also: theft plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured. pink slip :: n. 1) slang for official automobile registration c ... being fired or laid off from a job. pimp :: n. a person who procures a prostitute for customer ... also: pander panderer prostitution possess :: v. to own, have title to, occupy, physically hold ... ng the estate. See also: possession adopt :: v. 1) to take on the relationship of parent to chi ... nt in a lawsuit. See also: adoption quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quid pro quo :: : (kwid proh kwoh) n. Latin for "something for som ... this deal?" See also: consideration qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge." quo warranto :: (kwoh wahr-rahn-toe) n. the name for a writ (order ... ticles). See also: corporation writ quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape ransom :: 1) n. money paid to a kidnapper in demand for the ... ive. See also: abduction kidnapping racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia"). quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate Queen's Bench :: n. 1) the highest court in Great Britain during th ... include close to 50 percent women. putative :: adj. commonly believed, supposed or claimed. Thus ... not the last will of the deceased. 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 publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain quash :: v. to annul or set aside. In law, a motion to quas ... s when the wrong person was served. quasi community property :: n. in community property states, property acquired ... : community property palimony quasi quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi quasi corporation :: n. a business which has operated as a corporation ... poration de facto corporation quasi quasi contract :: n. a situation in which there is an obligation as ... fulfilled. See also: contract quasi ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal 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. recidivist :: n. a repeat criminal offender, convicted of a crim ... victed. See also: habitual criminal receivership :: n. the process of appointment by a court of a rece ... n receivership." See also: receiver administer :: v. 1) to conduct the duties of a job or position. ... lso: administrator executor probate reckless :: adj. in both negligence and criminal cases, carele ... so: careless negligent wet reckless reckless driving :: n. operation of an automobile in a dangerous manne ... it. See also: reckless wet reckless recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment recourse :: n. the right to demand payment to the writer of a ... e. See also: bill of exchange check recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. records :: n. in business, particularly corporations, all the ... s to the "records" of the business. receipt :: n. a written and signed acknowledgment by the reci ... the estate of someone who has died. recapture :: n. in income tax, the requirement that upon sale o ... capital gains. See also: income tax realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities. real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective. reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence rebuttable presumption :: n. since a presumption is an assumption of fact ac ... a redundancy. See also: presumption reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law public property :: n. property owned by the government or one of its ... l public. See also: common property admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay prohibition :: n. forbidding an act or activity. A court order fo ... icial. See also: injunction mandate admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence process server :: n. a person who serves (delivers) legal papers in ... table. See also: service of process promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession promotional stock :: n. stock issued in a newly formed corporation and ... assets or money. See also: promoter promoter :: n. a person who puts together a business, particul ... y effort and not by assets or cash. process :: n. in law, the legal means by which a person is re ... service of process subpena summons proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings." pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title. pro forma :: 1) prep. Latin for "as a matter of form," the phra ... se in annual sales or 6% inflation. privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. 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 procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order property :: n. anything that is owned by a person or entity. P ... rty real property separate property property damage :: n. injury to real or personal property through ano ... l value. See also: damages property public :: 1) n. the people of the nation, state, county, dis ... lands and public and private roads. public administrator :: n. a county official with the responsibility to ha ... ian is available. See also: probate admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence proxy :: n. 1) someone who is authorized to serve in one's ... d members and convention delegates. proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence public benefit corporation :: n. a term used in some states for a nonprofit comm ... ts and Lions. See also: corporation public charge :: n. a general term for an indigent, sick or severel ... be taken care of at public expense. public nuisance :: n. a nuisance which affects numerous members of th ... y the neighbors. See also: nuisance public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. provisional remedy :: n. a generic term for any temporary order of a cou ... ing. See also: temporary injunction prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor proprietor :: n. the owner of anything, but particularly the own ... siness operated by that individual. proprietary rights :: n. those rights which go with ownership of real pr ... hip of real property or a business. property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock protest :: 1) v. to complain in some public way about any act ... dishonored (not paid by the bank). protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify. prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute prostitute :: n. a person who receives payment for sexual interc ... also: pander panderer prostitution privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege patent ambiguity :: n. an obvious inconsistency in the language of a w ... the language of a written document. municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime. N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person. motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant. moratorium :: n. 1) any suspension of activity, particularly vol ... to normal activities and earnings. moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict moot point :: n. 1) a legal question which no court has decided, ... f academic interest. See also: moot moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check non-contiguous :: adj. referring to two or more parcels of real prop ... l property which are not connected. ancillary administration :: n. administration of an estate's assets in another ... or "subordinate." See also: probate non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder. non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning and :: conj. this little word is important in law, partic ... ds "or," but not if it reads "and." non-feasance :: n. the failure of an agent (employee) to perform a ... . See also: malfeasance misfeasance amortization :: n. a periodic payment plan to pay a debt in which ... payment. See also: promissory note note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse. net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence no fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce moot :: adj. 1) unsettled, open to argument or debatable, ... st. See also: moot court moot point monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered. mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning mayhem :: 1) n. the criminal act of disabling, disfiguring o ... so: aggravated assault assault maim appreciate :: v. to increase in value over a period of time thro ... securities. See also: appreciation memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed." merchantable :: adj. a product of a high enough quality to make it ... taminated or flawed. See also: sale mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering may :: v. a choice to act or not, or a promise of a possi ... sion or regulation. See also: shall maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. market value :: n. the price which a seller of property would rece ... ich are often called "comparables." master :: n. 1) employer, in the area of law known as "maste ... ter and servant respondeat superior master and servant :: n. the body of law, including statutes and legal d ... lso: employment respondeat superior maturity :: n. 1) the date when the payment of the principal a ... exchange legal age promissory note appreciation :: n. the increase in value through the natural cours ... or additions. See also: appreciate 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. merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. mesne :: : (mean, with a silent s) adj. from Norman French ... e profits." See also: mesne profits 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 mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission misrepresentation :: n. the crime of misstating facts to obtain money, ... etenses." See also: false pretenses appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." molestation :: n. the crime of sexual acts with children up to th ... of rape. See also: pedophilia rape modus operandi :: (mode-us ah-purr-and-ee or ah-purr-and-eye) n. fro ... es to disguise a fraudulent scheme. modification :: n. a change in an existing court order or judgment ... terms of child support and custody. misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder misfeasance :: n. management of a business, public office or othe ... n of the law. See also: malfeasance ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment. minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor mining claim :: n. a description by boundaries of real property in ... g within a specific period of time. military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate appraiser :: n. a professional who makes appraisals of the valu ... isal Institute). See also: appraise minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony appraise :: v. to professionally evaluate the value of propert ... surance claims. See also: appraiser misadventure :: n. a death due to unintentional accident without a ... me. See also: homicide manslaughter mirror wills :: n. the wills of a husband and wife which are ident ... d each names the other as executor. notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts. palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering agreement :: 1) n. any meeting of the minds, even without legal ... specific terms. See also: contract output contract :: n. an agreement in which a producer agrees to sell ... h it may have to store away a glut. outbuilding :: n. a structure not connected with the primary resi ... arn, cabana, pool house or cottage. aleatory :: adj. uncertain; usually applied to insurance contr ... ire damage to his insured building. ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will. overcharge :: v. 1) to charge more than a posted or advertised p ... osecutor to intimidate the accused. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain 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 own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. recovery :: n. the amount of money and any other right or prop ... ceived by a plaintiff in a lawsuit. patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment passion :: n. See also: heat of passion ... n. See also: heat of passion patent pending :: n. often abbreviated to "pat. pend." or "pat. pend ... yet been granted. See also: patent paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement. payment in due course :: n. the giving of funds to the holder of a promisso ... nds. See also: holder in due course payable on demand :: adj. a debt on a promissory note or bill of exchan ... e (party to whom the debt is owed). payable :: 1) adj. referring to a debt which is due. A debt m ... liabilities (debts) of a business. pawn :: v. to pledge an item of personal property as secur ... nsed by the state. See also: pledge passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute party wall :: n. a wall shared by two adjoining premises which i ... the property of one of the parties. partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict participate :: v. to invest and then receive a part or share, as ... he estate of a person who has died. partial disability :: n. the result of an injury which permanently reduc ... erson's normal functioning is gone. partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items. parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again. partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority aggravated assault :: n. the crime of physically attacking another perso ... in state prison. See also: assault party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption American Depository Receipt :: n. called in the banking trade an ADR, it is a rec ... ding the foreign shares themselves. 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 American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment. nugatory :: adj. of no force or effect; invalid. Example: a st ... unconstitutional is a nugatory law. noxious :: adj. harmful to health, often referring to nuisanc ... alth, often referring to nuisances. novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). alibi :: n. an excuse used by a person accused or suspected ... which has to be the ultimate alibi. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. or :: conj. either; in the alternative. It is often vita ... n," both must sign to change title. alias :: n. 1) a name used other than the given name of a p ... or a maiden name). See also: a.k.a. order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract 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 allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint all the estate I own :: n. a phrase from a poorly drafted will which means ... he will was written. See also: will allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation alluvion :: n. an increase in one's land from soil deposited o ... , bay or ocean. See also: accretion alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support alienation :: n. the transfer of title to real property, volunta ... such as a mortgage. See also: alien on file :: prep. having been formally filed with the clerk of ... eading is "on file." See also: file on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will. alien :: 1) n. a person who is not a citizen of the country ... 3) v. to convey title to property. payment in full :: n. the giving of all funds due to another. This la ... ee accepts the payment as complete. rehearing :: n. conducting a hearing again based on the motion ... the judge or agency was just wrong. testamentary capacity :: n. having the mental competency to execute a will ... lso: competent undue influence will testamentary disposition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will 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. accessory :: n. a second-string player who helps in the commiss ... responsible. See also: aid and abet access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit testator :: n. a person who has written a will which is in eff ... me of his/her death. See also: will theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testatrix :: n. female form of testator, although distinguishin ... out of fashion. See also: testator tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes. tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax. Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade trade :: 1) n. a business or occupation for profit, particu ... rade fixture trade secret trademark trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney. transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption transfer agent :: n. a person or company retained by a corporation t ... stockbroker. See also: share stock transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death tide lands :: n. land between the high and low tides, which is u ... ch fronts on the sea at that point. acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money. Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." accept :: v. to receive something with approval and intentio ... ervice" (delivery) of legal papers. tontine :: n. a rare agreement among several persons who agre ... e the remaining assets and profits. toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. title abstract :: n. a history of the chain of title. See also: abst ... chain of title. See also: abstract tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination subscribe :: v. 1) to sign at the end of a document. The courts ... r periodical magazine or newspaper. substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor substitute in :: v. to take over a case from another lawyer, which ... See also: substitution of attorney substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process successive sentences :: n. in criminal law, the imposition of the penalty ... uld be 15 years. See also: sentence succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance accord and satisfaction :: n. an agreement to accept less than is legally due ... h" practicality. See also: novation substitution :: n. putting one person in place of another, in part ... See also: substitution of attorney 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 sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. subchapter S corporation :: n. the choice by a small corporation to be treated ... ing attorney. See also: corporation strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur strict construction :: (narrow construction) n. interpreting the Constitu ... See also: constitution construction subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien sublease :: n. the lease to another of all or a portion of pre ... and sublease. See also: lease rent subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt subordination :: n. allowing a debt or claim which has priority to ... . See also: subordination agreement submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted. suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering sui generis :: (sooh-ee jen-ur-iss) n. Latin for "one of a kind," ... Latin for "one of a kind," unique. surrogate :: n. 1) a person acting on behalf of another or a su ... or probates, estates and adoptions. survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials. surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor surcharge :: n. an additional charge of money made because it w ... for being late in making a payment. suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object. tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant syndicate :: n. a joint venture among individuals and/or corpor ... l dissolve. See also: joint venture swindle :: v. to cheat through trick, device, false statement ... orm of theft. See also: fraud theft Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. accomplice :: n. someone who assists in the commission of a crim ... cipal criminal. See also: accessory summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house." suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument summons :: n. a document issued by the court at the time a la ... use service service of process writ supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. accommodation :: n. 1) a favor done without compensation (pay or co ... ke a deal work. See also: guarantor superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition treasury bill :: n. a promissory note issued in multiples of $10,00 ... e also: treasury bond treasury note abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained. watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband. white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers. whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante. vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath viz :: prep. to wit, or namely. Example: "There were seve ... d broken windows." See also: to wit void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge voidable :: adj. capable of being made void. Example: a contra ... ot necessarily void. See also: void void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement aliquot :: (al-ee-kwoh) adj. a definite fractional share, us ... trust assets. See also: share cestui que use :: (pronounced ses-tee kay use or setty kay use) n. a ... beneficiary cestui que trust trust zoning :: n. a system of developing a city or county plan in ... îâñêîé ãàðàíòèè . |