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Dictionary of Law |
Founded: 2063 writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes. death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. stay of execution :: n. a court-ordered delay in inflicting the death p ... g the death penalty. See also: stay life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence. writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. reprieve :: n. a temporary delay in imposition of the death pe ... commutation of sentence or pardon. confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate bill of exchange :: n. a writing by a party (maker or drawer) ordering ... awn on a bank account is a "check." protest :: 1) v. to complain in some public way about any act ... dishonored (not paid by the bank). abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment abstract of title :: n. the written report on a title search which show ... e also: chain of title title report wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). certificate of deposit (CD) :: n. a document issued by a bank in return for a dep ... D before the pledged time runs out. bill of sale :: n. a written statement attesting to the transfer ( ... ther provisions. See also: contract penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job. breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition writ :: n. a written order of a judge requiring specific a ... ntity to whom the writ is directed. declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part return of service :: n. written confirmation under oath by a process se ... ee also: service service of process meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. prerogative writ :: n. an historic generic term for any writ (court or ... ls or another court. See also: writ party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment service of process :: n. the delivery of copies of legal documents such ... by publication substituted service statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter four corners of an instrument :: n. the term for studying an entire document to und ... solve an ambiguity in its language. court of equity :: n. originally in English common law and in several ... also: chancery court of law equity duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done. power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer. suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption 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 note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable. misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment 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. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law principal place of business :: n. location of head office of a business where the ... business to the Secretary of State. act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation ordinary course of business :: n. conduct of business within normal commercial cu ... rmal commercial customs and usages. levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation. degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent proffer :: v. to offer evidence in a trial. ... v. to offer evidence in a trial. sheriff's sale :: n. an auction sale of property held by the sheriff ... so: execution forced sale levy writ question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact letter of credit :: n. a document issued by a bank guaranteeing to pro ... ong-distance business transactions. loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer course of employment :: adj. actively involved in a person's employment at ... Acts. See also: scope of employment loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied offense :: n. a crime or punishable violation of law of any t ... type or magnitude. See also: crime extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant 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. sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment offer :: n. a specific proposal to enter into an agreement ... es the contract. See also: contract case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. offeror :: n. a person or entity who makes a specific proposa ... t. See also: contract offer offeree offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror). offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact adeem :: v. to revoke a gift made in a will by destroying, ... e of my death." See also: ademption failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death all the estate I own :: n. a phrase from a poorly drafted will which means ... he will was written. See also: will claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip certificate of incorporation :: n. document which some states issue to prove a cor ... the articles are sufficient proof. offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. breach of trust :: n. 1) any act which is in violation of the duties ... ise or confidence. See also: breach disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments. voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law testator :: n. a person who has written a will which is in eff ... me of his/her death. See also: will answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." will :: n. a written document which leaves the estate of t ... will and testament probate testator next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright ex officio :: a (ex oh-fish-ee-oh)dj. Latin for "from the office ... ne is president of the corporation. standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery. pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution. affidavit :: n. 1) any written document in which the signer swe ... an affidavit. See also: declaration declaration :: n. 1) any statement made, particularly in writing. ... blic. See also: affidavit declarant records :: n. in business, particularly corporations, all the ... s to the "records" of the business. proxy :: n. 1) someone who is authorized to serve in one's ... d members and convention delegates. abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. recourse :: n. the right to demand payment to the writer of a ... e. See also: bill of exchange check reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict receipt :: n. a written and signed acknowledgment by the reci ... the estate of someone who has died. reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust quo warranto :: (kwoh wahr-rahn-toe) n. the name for a writ (order ... ticles). See also: corporation writ per se :: (purr say) adj. Latin for "by itself," meaning inh ... e statement. See also: libel per se partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership patent ambiguity :: n. an obvious inconsistency in the language of a w ... the language of a written document. reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure prohibition :: n. forbidding an act or activity. A court order fo ... icial. See also: injunction mandate prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse. postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal. plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury service :: n. 1) paid work by another person, either by contr ... ersonal services service of process summons :: n. a document issued by the court at the time a la ... use service service of process writ supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals 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 sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house." substitute in :: v. to take over a case from another lawyer, which ... See also: substitution of attorney subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage sublease :: n. the lease to another of all or a portion of pre ... and sublease. See also: lease rent subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. forced sale :: n. a sale of goods seized by the sheriff to satisf ... ay) a judgment. See also: execution will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale stay :: n. a court-ordered short-term delay in judicial pr ... r case. See also: stay of execution warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant strict construction :: (narrow construction) n. interpreting the Constitu ... See also: constitution construction stipulation :: n. an agreement, usually on a procedural matter, b ... g, signed and filed with the court. reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning royalty :: n. a percentage of gross or net profit or a fixed ... also: copyright infringement patent scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. renewal :: n. keeping an existing arrangement in force for an ... ction which evidences the new term. rent :: 1) v. to hire an object or real property for a per ... ice. See also: lease month-to-month reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure secret rebate :: n. a kickback of money by a business to a "preferr ... h a secret rebate. See also: rebate standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will or :: conj. either; in the alternative. It is often vita ... n," both must sign to change title. spendthrift clause :: n. a provision in a trust or will that states that ... tly to Junior. See also: trust will sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale sign :: v. 1) to write one's signature on a document, incl ... language. See also: mark subscribe slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment release :: 1) v. to give up a right as releasing one from his ... the writing that grants a release. public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. reckless driving :: n. operation of an automobile in a dangerous manne ... it. See also: reckless wet reckless privilege :: n. a special benefit, exemption from a duty, or im ... rson, a group or a class of people. plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea mitigating circumstances :: n. in criminal law, conditions or happenings which ... ity heat of passion Twinkie defense moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant. robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court acceptance :: n. 1) receiving something from another with the in ... ered into. See also: contract offer addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently. verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence successive sentences :: n. in criminal law, the imposition of the penalty ... uld be 15 years. See also: sentence surcharge :: n. an additional charge of money made because it w ... for being late in making a payment. justifiable homicide :: n. a killing without evil or criminal intent, for ... me. See also: homicide self-defense information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death tentative trust :: n. a bank account deposited in the name of the dep ... hdrawn at any time. See also: trust tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy simultaneous death act :: n. a statute in effect in most states which provid ... See also: descent and distribution commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon full disclosure :: n. the need in business transactions to tell the " ... icant fact. See also: caveat emptor grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted. disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent binder :: n. a written statement of the key terms of an agre ... rance coverage. See also: insurance bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent authority :: n. permission, a right coupled with the power to d ... rize ostensible authority principal bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors. bylaws :: n. the written rules for conduct of a corporation, ... d/or amended. See also: corporation chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices. certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases). certified check :: n. a check issued by a bank which certifies that t ... "clears." See also: cashier's check canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. caption :: n. the first section of any written legal pleading ... to the exact format of the caption. attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse. attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney evasion of tax :: n. the intentional attempt to avoid paying taxes t ... rs. See also: estate tax income tax attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment article :: n. a paragraph or section of any writing such as e ... or different sections of a statute. findings of fact :: n. See also: finding ... n. See also: finding spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay escheat :: n. from old French eschete, which meant "that whic ... the death of the last known owner. estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission. professional negligence :: n. See also: malpractice ... n. See also: malpractice devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself. execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution law of the land :: n. a slang term for existing laws. ... n. a slang term for existing laws. felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence felon :: n. a person who has been convicted of a felony, wh ... or federal prison. See also: felony executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon expectancy :: n. a possibility of future enjoyment of something ... o: distribution remainder reversion deceased :: 1) adj. dead. 2) n. the person who has died, as us ... ore genteel word is the "decedent." deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon booby trap :: n. a device set up to be triggered to harm or kill ... protect one's property is a crime. capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange benefit :: 1) n. any profit or acquired right or privilege, p ... fit Ken Murray." See also: contract basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis ademption :: n. the act of adeeming, which is revoking (getting ... gift before death. See also: adeem arson :: n. the felony crime of intentionally burning a hou ... ath resulting from arson is murder. 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 community property :: n. property and profits received by a husband and ... and distribution separate property coroner :: n. a county official with the responsibility to de ... hology. See also: forensic medicine cruelty to animals :: n. the crime of inflicting physical pain, sufferin ... danger of death. See also: cruelty controlled substance :: n. a drug which has been declared by federal or st ... those who have used the substances. conditional bequest :: n. in a will, a gift which will take place only if ... rries." See also: bequest executory condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder misadventure :: n. a death due to unintentional accident without a ... me. See also: homicide manslaughter manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering post mortem :: n. Latin for "after death," an examination of a de ... alled an autopsy. See also: coroner pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify. malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor inherit :: v. to receive all or a portion of the estate of an ... intestacy intestate succession will inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law heiress :: n. feminine heir, often used to denote a woman who ... in the "department store heiress." guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce insured :: n. 1) the person or entity who will be compensated ... s go to others. See also: insurance citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement forgery :: n. 1) the crime of creating a false document, alte ... See also: counterfeit forger fraud fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. esquire :: n. a form of address showing that someone is an at ... or barristers, sheriffs and judges. equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ ergo :: (air-go)conj. Latin for "therefore," often used in ... osopher Rene Descartes (1596-1650). escrow instructions :: n. the written instructions by buyer and seller of ... ir agents. See also: closing escrow fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay holographic will :: n. a will entirely handwritten, dated and signed b ... lost in the desert. See also: will homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property." enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons breach of the peace :: n. any act which disturbs the public or even one p ... g inappropriately. See also: breach covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant counterpart :: n. in the law of contracts, a written paper which ... rent localities. See also: contract convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. document :: n. a popular generic word among lawyers for any pa ... it. See also: documentary evidence draft :: 1) n. a bill of exchange or check in which one par ... s. See also: bill of exchange check discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs. defect :: n. an imperfection, quite often so great that the ... See also: defective defective title demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate manifest :: 1) adj., adv. completely obvious or evident. 2) n. ... ritten list of goods in a shipment. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed." minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander interlineation :: n. the act of writing between the lines of a docum ... document re-typed and then signed. irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock inter alia :: (in-tur eh-lee-ah) prep. Latin for "among other th ... ime to file the action had passed." integration :: n. 1) adopting a writing as part of an agreement, ... , as well as racial mix in schools. insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insertion :: n. the addition of language at a place within an e ... t unless initialled by all parties. age of consent :: n. See also: legal age majority ... n. See also: legal age majority jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. lessor :: n. the owner of real property who rents it to a le ... lord and tenant lease lessee tenant lewd and lascivious :: adj., adv. references to conduct which includes pe ... t exposure pornography prostitution libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. construe :: v. to determine the meaning of the words of a writ ... s normal, widely accepted meanings. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust clear and present danger :: n. the doctrine established in an opinion written ... together of a lynch mob (assembly). claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights contra :: adj. Latin for "against" or "opposite to". This us ... he rule stated in Keeler v. Beach." confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will 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 preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock 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. preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy preferred dividend :: n. a payment of a corporation's profits to holders ... of stock. See also: preferred stock pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title predecease :: v. to die before someone else, as "if my brother, ... estate I give to his son, Eugene." process :: n. in law, the legal means by which a person is re ... service of process subpena summons parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward process server :: n. a person who serves (delivers) legal papers in ... table. See also: service of process precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption precatory :: adj. referring to a wish or advisory suggestion wh ... lutely prevent her from selling it. proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings." parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative promoter :: n. a person who puts together a business, particul ... y effort and not by assets or cash. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. overcharge :: v. 1) to charge more than a posted or advertised p ... osecutor to intimidate the accused. output contract :: n. an agreement in which a producer agrees to sell ... h it may have to store away a glut. prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain primogeniture :: n. from Latin for "first born," the ancient rule f ... oes not exist in the United States. principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building. private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement outbuilding :: n. a structure not connected with the primary resi ... arn, cabana, pool house or cottage. original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will. promotional stock :: n. stock issued in a newly formed corporation and ... assets or money. See also: promoter privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth pro forma :: 1) prep. Latin for "as a matter of form," the phra ... se in annual sales or 6% inflation. prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title. preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition. prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items. 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). per diem :: adj. or n. Latin for "per day," it is short for pa ... or fees of an employee or an agent. per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence. police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn private parts :: n. men's or women's genitalia, excluding a woman's ... duction and/or sale of pornography. penitentiary :: n. a state or federal prison in which convicts are ... mission of major crimes (felonies). plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading 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 pink slip :: n. 1) slang for official automobile registration c ... being fired or laid off from a job. petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege pimp :: n. a person who procures a prostitute for customer ... also: pander panderer prostitution 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 personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured. plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards. peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy. police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail. partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent party wall :: n. a wall shared by two adjoining premises which i ... the property of one of the parties. passion :: n. See also: heat of passion ... n. See also: heat of passion passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute participate :: v. to invest and then receive a part or share, as ... he estate of a person who has died. practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again. picketing :: n. standing or parading near a business or governm ... es or threats to the public safety. partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict partial disability :: n. the result of an injury which permanently reduc ... erson's normal functioning is gone. passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts. patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order possess :: v. to own, have title to, occupy, physically hold ... ng the estate. See also: possession payment in full :: n. the giving of all funds due to another. This la ... ee accepts the payment as complete. peculation :: n. misappropriation of public (government) funds o ... roperty. See also: misappropriation posse comitatus :: (pahs-see coh-mitt-tah-tus) n. from Latin for "pos ... group is called a posse for short. political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. pedophilia :: n. an obsession with children as sex objects. Over ... also: molestation pornography rape payment in due course :: n. the giving of funds to the holder of a promisso ... nds. See also: holder in due course possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement. patent pending :: n. often abbreviated to "pat. pend." or "pat. pend ... yet been granted. See also: patent patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent pawn :: v. to pledge an item of personal property as secur ... nsed by the state. See also: pledge payable :: 1) adj. referring to a debt which is due. A debt m ... liabilities (debts) of a business. payable on demand :: adj. a debt on a promissory note or bill of exchan ... e (party to whom the debt is owed). possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. loiter :: v. to linger or hang around in a public place or b ... kenness or being a public nuisance. living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs." liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor liberty :: n. freedom from restraint and the power to follow ... the benefit of the general public. liable :: adj. responsible or obligated. Thus, a person or e ... al prosecution. See also: liability lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage limited jurisdiction :: n. courts' authority over certain types of cases s ... value. See also: court jurisdiction liquidate :: v. to sell the assets of a business, paying bills ... other investors. See also: wind up lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. lineal descendant :: n. a person who is in direct line to an ancestor, ... See also: descent and distribution limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice 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. master and servant :: n. the body of law, including statutes and legal d ... lso: employment respondeat superior master :: n. 1) employer, in the area of law known as "maste ... ter and servant respondeat superior maturity :: n. 1) the date when the payment of the principal a ... exchange legal age promissory note maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration 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 may :: v. a choice to act or not, or a promise of a possi ... sion or regulation. See also: shall Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution. marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum marital rights :: n. an old-fashioned expression for the rights of a ... also: consortium loss of consortium maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property market value :: n. the price which a seller of property would rece ... ich are often called "comparables." marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked. kin :: n. blood relative. See also: next of kin ... ood relative. See also: next of kin kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings land :: n. real property, real estate (and all that grows ... See also: real estate real property landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out). juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire jury stress :: n. a form of mental, emotional, psychological, phy ... do the right thing. See also: jury jury tampering :: n. the crime of attempting to influence a jury thr ... e also: jury subornation of perjury justiciable :: n. referring to a matter which is capable of being ... e of action" or "justiciable case." justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will legalese :: n. slang for the sometimes arcane, convoluted and ... rgon of lawyers and legal scholars. legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce legal fiction :: n. a presumption of fact assumed by a court for co ... he law, and not law from fictions." legitimate :: adj., adv1) legal, proper, real. 2) referring to a ... 3) v. to make proper and/or legal. lemon law :: n. statutes adopted in some states to make it easi ... still trying" to make it run right. letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate letters :: n. shorthand for letters testamentary or letters o ... administration letters testamentary let :: v. 1) to allow or permit. This is distinguished fr ... rson. See also: lease rent sublease lesser crime :: n. See also: lesser-included offense ... . See also: lesser-included offense legal duty :: n. the responsibility to others to act according t ... al injuries. See also: duty of care legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono property :: n. anything that is owned by a person or entity. P ... rty real property separate property lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. legal :: adj., adv. according to law, not in violation of l ... law or anything related to the law. legacy :: n. a gift of personal property or money to a benef ... o: beneficiary bequest legatee will meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal non-feasance :: n. the failure of an agent (employee) to perform a ... . See also: malfeasance misfeasance non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust non-contiguous :: adj. referring to two or more parcels of real prop ... l property which are not connected. not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. 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 notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. 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 next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem 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 nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party 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 divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce 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. on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint 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. on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. 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. 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. omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption 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 O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. 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 negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se misrepresentation :: n. the crime of misstating facts to obtain money, ... etenses." See also: false pretenses 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 misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial 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. M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft mirror wills :: n. the wills of a husband and wife which are ident ... d each names the other as executor. mesne :: : (mean, with a silent s) adj. from Norman French ... e profits." See also: mesne profits merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. 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 metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn. military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment. mining claim :: n. a description by boundaries of real property in ... g within a specific period of time. monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered. municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court 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. motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine 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 negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. 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 strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion 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 moot :: adj. 1) unsettled, open to argument or debatable, ... st. See also: moot court moot point moratorium :: n. 1) any suspension of activity, particularly vol ... to normal activities and earnings. mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. 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. mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials. swindle :: v. to cheat through trick, device, false statement ... orm of theft. See also: fraud theft swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy surrogate :: n. 1) a person acting on behalf of another or a su ... or probates, estates and adoptions. summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance subscribe :: v. 1) to sign at the end of a document. The courts ... r periodical magazine or newspaper. 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 substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process substitution :: n. putting one person in place of another, in part ... See also: substitution of attorney suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder sui generis :: (sooh-ee jen-ur-iss) n. Latin for "one of a kind," ... Latin for "one of a kind," unique. suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance syndicate :: n. a joint venture among individuals and/or corpor ... l dissolve. See also: joint venture tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant term :: n. 1) in contracts or leases, a period of time, su ... nancy" is one term for "occupancy." testamentary trust :: n. a trust created by the terms of a will. Example ... vivos trust living trust trust will tenure :: n. 1) in real property, the right to possess the p ... e a probationary period has passed. tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy testatrix :: n. female form of testator, although distinguishin ... out of fashion. See also: testator testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary 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 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 tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. 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 take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object. Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax. temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes. tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor subpoena :: n. the original spelling of subpena, still commonl ... e also: subpena subpena duces tecum special master :: n. a person appointed by the court to carry out an ... ting to the judge. See also: master special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding specific bequest :: n. the gift in a will of a certain article to a ce ... ce, Sophie." See also: bequest will specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer specific legacy :: n. a gift in a will of a certain article or proper ... ecific bequest specific devise will specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict specific devise :: n. the gift in a will of a certain piece of real e ... ther, David." See also: devise will speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits silent partner :: n. a non-legal term for an investor who puts money ... partner limited partnership partner sidebar :: n. 1) physically, an area in front of or next to t ... See also: approach the bench bench show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause sine qua non :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. solitary confinement :: n. the placement of a prisoner in a federal or sta ... as "cruel and unusual punishment." Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department. solicitation :: n. the crime of encouraging or inducing another to ... xual acts for pay. See also: pander sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs). stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant subchapter S corporation :: n. the choice by a small corporation to be treated ... ing attorney. See also: corporation subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness 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. stock option :: n. the right to purchase stock in the future at a ... hares. See also: option share stock stock in trade :: n. the inventory of merchandise held for sale. ... ntory of merchandise held for sale. stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce state :: n. 1) the federal or state government and any of i ... d States. 3) a nation's government. state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights stock certificate :: n. printed document which states the name, incorpo ... . See also: corporation share stock stock :: 1) n. inventory (goods) of a business meant for sa ... siness. See also: share shareholder statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict vendor :: n. a seller, particularly of real property. ... ler, particularly of real property. vendee :: n. a buyer, particularly of real property. ... yer, particularly of real property. variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested viz :: prep. to wit, or namely. Example: "There were seve ... d broken windows." See also: to wit vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante. vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract vagrancy :: n. moving about without a means to support oneself ... ue of "loitering." See also: loiter unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s. unlawful :: adj. referring to any action which is in violation ... on, or established legal precedents unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock 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 unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure vacate :: v. 1) for a judge to set aside or annul an order o ... of real estate and cease occupancy. uxor :: n. Latin for "wife." In deeds and documents the te ... man and not worthy of being named. usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation winding up :: n. liquidating the assets of a corporation or part ... ration cy pres doctrine partnership wind up :: v. to liquidate (sell or dispose of) assets of a c ... r partnership. See also: winding up widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. zoning :: n. a system of developing a city or county plan in ... îâñêîé ãàðàíòèè . |