mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss.
treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages
punitive damages :: n. (synony- mous with exemplary damages), damages ... t acts. See also: exemplary damages
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
consequential damages :: n. damages claimed and/or awarded in a lawsuit whi ... See also: damages foreseeable risk
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity
intrinsic fraud :: n. an intentionally false representation (lie) whi ... ts. See also: extrinsic fraud fraud
defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander
corporation :: n. an organization formed with state governmental ... ation public corporation securities
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit
landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale.
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done.
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability
quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation
reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party
pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer
peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence.
plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business.
uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages.
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
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
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
judge advocate general :: (J.A.G.) n. a military officer who advises the gov ... also: court-martial judge advocate
Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department.
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
special master :: n. a person appointed by the court to carry out an ... ting to the judge. See also: master
trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear.
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge.
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
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
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator
consortium :: n. 1) a group of separate businesses or business p ... oney terms is a difficult question.
compromise verdict :: n. a decision made by a jury in which the jurors s ... ning the verdict. See also: verdict
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
court of equity :: n. originally in English common law and in several ... also: chancery court of law equity
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs.
ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress.
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit.
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
assault and battery :: n. the combination of the two crimes of threat (as ... damages. See also: assault battery
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
civil liability :: n. potential responsibility for payment of damages ... ans open to punishment for a crime.
chancellor :: n. from the old English legal system, a chancellor ... n the same courts. See also: equity
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
careless :: adj., adv. 1) negligent. 2) the opposite of carefu ... See also: care negligence negligent
Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
legal duty :: n. the responsibility to others to act according t ... al injuries. See also: duty of care
lemon law :: n. statutes adopted in some states to make it easi ... still trying" to make it run right.
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
liable :: adj. responsible or obligated. Thus, a person or e ... al prosecution. See also: liability
loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages
loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages
loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages
loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain
joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
equitable :: adj. 1) just, based on fairness and not legal tech ... es or give relief. See also: equity
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest
Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts.
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
foreseeability :: n. reasonable anticipation of the possible results ... e also: foreseeable risk negligence
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment
installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved.
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
general plan :: n. a plan of a city, county or area which establis ... uture development. See also: zoning
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
jobber :: n. a merchant who buys products (usually in bulk o ... buys and acts for specific clients.
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising.
general counsel :: n. the chief attorney for a corporation, who is pa ... e counsel." See also: house counsel
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
mental suffering :: n. emotional pain synonymous with "mental anguish. ... anguish." See also: mental anguish
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
special :: adj. referring to a particular purpose, person or ... rator, master, orders and so forth.
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute
special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages
general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
compensatory damages :: n. damages recovered in payment for actual injury ... es punitive damages special damages
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws.
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings
appraiser :: n. a professional who makes appraisals of the valu ... isal Institute). See also: appraise
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522.
arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract
registration statement :: n. a detailed report to be filed with the Securiti ... See also: blue sky laws prospectus
silent partner :: n. a non-legal term for an investor who puts money ... partner limited partnership partner
Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts.
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
resale :: n. selling again, particularly at retail. 2) adj. ... ction of sales tax on retail sales.
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
revenue ruling :: n. a published opinion of the Internal Revenue Ser ... evenue ruling. See also: income tax
self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act.
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
reputed :: adj. referring to what is accepted by general publ ... lic belief, whether or not correct.
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site."
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant
usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious
testamentary capacity :: n. having the mental competency to execute a will ... lso: competent undue influence will
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy
ad hoc :: adj. Latin shorthand meaning "for this purpose onl ... pecially able to argue a key point.
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
privilege :: n. a special benefit, exemption from a duty, or im ... rson, a group or a class of people.
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation
property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
records :: n. in business, particularly corporations, all the ... s to the "records" of the business.
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
merchantable :: adj. a product of a high enough quality to make it ... taminated or flawed. See also: sale
mediator :: n. a person who conducts mediation. A mediator is ... o: arbitration arbitrator mediation
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
residence :: n. 1) the place where one makes his/her home. Howe ... f incorporation. See also: resident
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim).
cruelty to animals :: n. the crime of inflicting physical pain, sufferin ... danger of death. See also: cruelty
hometowned :: adv. legalese for a lawyer or client suffering dis ... orneys over those from out of town.
ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian
publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander
words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation.
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
summons :: n. a document issued by the court at the time a la ... use service service of process writ
trade :: 1) n. a business or occupation for profit, particu ... rade fixture trade secret trademark
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
master :: n. 1) employer, in the area of law known as "maste ... ter and servant respondeat superior
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights.
expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
disability :: n. 1) a condition which prevents one from performi ... ct, or being insane or incompetent.
criminal attorney :: n. a popular term for an attorney who specializes ... . See also: crime felon misdemeanor
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
commission :: n. 1) a fee paid based on a percentage of the sale ... on or the Federal Trade Commission.
conjugal rights :: n. a spouse's so-called "rights" to the comforts a ... r") in a special room or apartment.
conscious parallelism :: n. an undiscussed imitation by a business of a com ... cidence? No, conscious parallelism.
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
forensic testimony :: n. any testimony of expert scientific, engineering ... ee also: forensic forensic medicine
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
joint powers agreement :: n. a contract between a city, a county and/or a sp ... istrict or other government entity.
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard.
legalese :: n. slang for the sometimes arcane, convoluted and ... rgon of lawyers and legal scholars.
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax.
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
income tax :: n. a tax on an individual's net income, after dedu ... al government. See also: income tax
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
confidence game :: n. the obtaining of money from others through tric ... t and confidence. See also: swindle
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
charity :: n. 1) in general the sentiment of benevolence, doi ... . See also: charitable contribution
certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
cohabitation :: n. living together in the same residence, generall ... xual relationships as cohabitation.
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays.
distress :: 1) n. the self-help taking of another's possession ... rice due to negative circumstances.
disposing mind and memory :: n. the mental ability to understand in general wha ... ng a will. See also: competent will
double taxation :: n. taxation of the same property for the same purp ... it is not discriminatory or unfair.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance.
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds.
cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment
decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment
defense :: n. 1) a general term for the effort of an attorney ... tiff. See also: affirmative defense
denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon
asset :: n. generally any item of property that has monetar ... ill and rights to market a product.
authority :: n. permission, a right coupled with the power to d ... rize ostensible authority principal
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge."
accounts receivable :: n. the amounts of money due or owed to a business ... sidering the chances of collection.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
acknowledge :: v. 1) generally to admit something, whether bad, g ... recording. See also: acknowledgment
act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial."
adjusted basis :: n. in accounting, the original cost of an asset ad ... s taxes. See also: basis income tax
bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property.
barratry :: n. creating legal business by stirring up disputes ... ent he/she has no legitimate claim.
bylaws :: n. the written rules for conduct of a corporation, ... d/or amended. See also: corporation
business :: n. any activity or enterprise entered into for pro ... pleasure or no particular purpose.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors.
bulk sale :: n. the sale of all or a large part of a merchant's ... entories. See also: bulk sales acts
bench :: n. 1) general term for all judges, as in "the benc ... h court judge sidebar witness stand
bearer :: n. anyone holding something, such as a check, prom ... bearer paper negotiable instrument
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
bottomry :: n. a mortgage contract in which a ship and/or its ... n sell the ship and/or its freight.
broker :: n. in general, a person who arranges contracts bet ... security ("hocked") at high rates.
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
entity :: n. a general term for any institution, company, co ... is distinguished from individuals.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer
obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum
officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
moiety :: : (moy-et-tee) n. half. Generally a reference to i ... perty, moiety is seldom used today.
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
minor :: n. someone under legal age, which is generally 18, ... rages. See also: legal age maturity
parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again.
partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership
prostitute :: n. a person who receives payment for sexual interc ... also: pander panderer prostitution
prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock
public charge :: n. a general term for an indigent, sick or severel ... be taken care of at public expense.
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
public property :: n. property owned by the government or one of its ... l public. See also: common property
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
post mortem :: n. Latin for "after death," an examination of a de ... alled an autopsy. See also: coroner
preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
liberty :: n. freedom from restraint and the power to follow ... the benefit of the general public.
holder :: n. a general term for anyone in possession of prop ... older in due course promissory note
guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee
house counsel :: n. any attorney who works only for a particular bu ... business. See also: general counsel
i.e. :: prep. abbreviation for id est, which is Latin for ... "e.g.," which means "for example."
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
frisk :: v. quickly patting down the clothes of a possible ... k women and men officers frisk men.
first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder
escrow instructions :: n. the written instructions by buyer and seller of ... ir agents. See also: closing escrow
environmental law :: n. a body of state and federal statutes intended t ... imental effects on the environment.
estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax.
ex rel. :: conj. abbreviation for Latin ex relatione, meaning ... . Archie Johnson v. Hardy Products.
fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty
leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general
incompatible :: adj. 1) inconsistent. 2) unmatching. 3) unable to ... ch other. See also: incompatibility
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
integration :: n. 1) adopting a writing as part of an agreement, ... , as well as racial mix in schools.
irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ
public utility :: n. any organization which provides services to the ... nder state laws. See also: monopoly