lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
senior lien :: n. the first security interest (lien or claim) pla ... rtgage race to the courthouse UCC-1
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse").
preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy
race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust
alienation :: n. the transfer of title to real property, volunta ... such as a mortgage. See also: alien
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record
judgment by default :: n. See also: default judgment ... n. See also: default judgment
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree
judgment debt :: n. the amount of money in a judgment award to the ... ee also: judgment judgment creditor
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale.
judgment debtor :: n. the losing defendant in a lawsuit who owes the ... winner. See also: judgment creditor
lienor :: n. a person who holds a lien on another's property ... s property or funds. See also: lien
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
alien :: 1) n. a person who is not a citizen of the country ... 3) v. to convey title to property.
alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states.
equitable lien :: n. a lien on property imposed by a court in order ... lso: constructive trust equity lien
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
consent judgment :: n. a judgment issued by a judge based on an agreem ... forceable. See also: consent decree
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments.
final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree
enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment
secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1
security interest :: n. generic term for the property rights of a lende ... : deed of trust lien mortgage UCC-1
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor
exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial
conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney.
subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property."
notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
good title :: n. ownership of real property which is totally fre ... or deed of trust on the property).
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy
preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
stay :: n. a court-ordered short-term delay in judicial pr ... r case. See also: stay of execution
proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings."
suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
vacate :: v. 1) for a judge to set aside or annul an order o ... of real estate and cease occupancy.
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption
writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party.
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
revival :: n. 1) requesting a court to reinstate the force of ... e of limitations (the time to sue).
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
recover :: v. to receive a money judgment in a lawsuit. ... eive a money judgment in a lawsuit.
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.
Truth in Lending Act :: n. a federal statute which requires a commercial l ... erms and cancel the loan agreement.
reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment
reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander
restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal.
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
sheriff's sale :: n. an auction sale of property held by the sheriff ... so: execution forced sale levy writ
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
self-executing :: adj. immediately effective without further action, ... party the right to try to collect.
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
settle :: v. to resolve a lawsuit without a final court judg ... rior to trial. See also: settlement
quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs.
summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
jobber :: n. a merchant who buys products (usually in bulk o ... buys and acts for specific clients.
last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
legal services :: n. the work performed by a lawyer for a client. ... performed by a lawyer for a client.
subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien
subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney.
illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant
equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
bottomry :: n. a mortgage contract in which a ship and/or its ... n sell the ship and/or its freight.
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
representation :: n. 1) the act of being another's agent. 2) acting ... ns or in court. See also: represent
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion.
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state.
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
hometowned :: adv. legalese for a lawyer or client suffering dis ... orneys over those from out of town.
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
appraiser :: n. a professional who makes appraisals of the valu ... isal Institute). See also: appraise
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product
certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip
barratry :: n. creating legal business by stirring up disputes ... ent he/she has no legitimate claim.
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
mortgagor :: n. the person who has borrowed money and pledged h ... agee). See also: mortgage mortgagee
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
accounts receivable :: n. the amounts of money due or owed to a business ... sidering the chances of collection.
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee
champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee
Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states.
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
errors and omissions :: n. short hand for malpractice insurance which give ... issions which amount to negligence.
moratorium :: n. 1) any suspension of activity, particularly vol ... to normal activities and earnings.
fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
hypothecate :: v. from Greek for "pledge," a generic term for usi ... sion. See also: secured transaction
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
confidential communication :: n. certain written communications which can be kep ... privilege privileged communication
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
criminal attorney :: n. a popular term for an attorney who specializes ... . See also: crime felon misdemeanor
writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized
reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
springing interest :: n. a future right to title to real property create ... lso: future interest interest title
tenement :: n. 1) a term found in older deeds or in boiler-pla ... d by stairways. See also: structure
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested
uxor :: n. Latin for "wife." In deeds and documents the te ... man and not worthy of being named.
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
reservation :: n. a provision in a deed which keeps (reserves) to ... reserves lot 5." See also: reserve
remise :: v. to give up something, sometimes used in quitcla ... aim deeds. See also: quitclaim deed
patent defect :: n. an obvious flaw in a product or a document (suc ... he property description in a deed).
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title
perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
recording acts :: n. the statutes of each state which established th ... ecorders of Deeds. See also: record
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
award :: 1) n. the decision of an arbitrator or commissione ... warded $27,000." See also: judgment
beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt
class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
acquittal :: n. what an accused criminal defendant receives if ... se) of not guilty. See also: acquit
adjudication :: n. the act of giving a judicial ruling such as a j ... adjudication. See also: bankruptcy
after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis
ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction
agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts.
metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn.
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale
defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective
defective :: adj. not being capable of fulfilling its function, ... t. See also: defect defective title
demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure.
determinable :: adj. defining something which may be terminated up ... es or no longer lives in the house.
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
defect :: n. an imperfection, quite often so great that the ... See also: defective defective title
defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
acknowledge :: v. 1) generally to admit something, whether bad, g ... recording. See also: acknowledgment
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
covenant that runs with the land :: n. a promise contained in a deed to land or real e ... l future owners. See also: covenant
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest
executed :: 1) adj. to have been completed. (Example: "it is a ... a death sentence. See also: execute
fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
in lieu :: prep. instead. "In lieu taxes" are use taxes paid ... go through the foreclosure process.
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
instrument :: n. 1) a written legal document such as a contract, ... in an assault (a blunt instrument).
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
for value received :: prep. a phrase used in a promissory note, a bill o ... hout stating what that payment was.
fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee
fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud
grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed
grantor :: n. the party who transfers title in real property ... or quitclaim deed. See also: grant
grantee :: n. the party who receives title to real property ( ... or quitclaim deed. See also: grant
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
collateral estoppel :: n. the situation in which a judgment in one case p ... ng. See also: estoppel res judicata
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale
joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several
incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent
in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment.
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer
omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
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.
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
movant :: n. the party in a lawsuit or other legal proceedin ... or judgment). See also: motion move
move :: v. to make a motion in court applying for a court ... r judgment. See also: motion movant
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling
heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder
decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment
declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment
decision :: n. judgment, decree or determination of findings o ... (court). See also: decree judgment
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
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
cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
creditor's rights :: n. the field of law dealing with the legal means a ... also: creditor debt debtor judgment
court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court
drop dead date :: n. a provision in a contract or a court order whic ... ng property or entering a judgment.
en banc :: (on bonk) French for "in the bench," it signifies ... he case and agreed to by the court.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment.
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee
governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports
guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain
fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail.
forced sale :: n. a sale of goods seized by the sheriff to satisf ... ay) a judgment. See also: execution
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim).
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
final decree :: n. another name for a final judgment. In states wh ... together). See also: final judgment
original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction