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Dictionary of Law |
Founded: 2072 trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage senior lien :: n. the first security interest (lien or claim) pla ... rtgage race to the courthouse UCC-1 abstract of title :: n. the written report on a title search which show ... e also: chain of title title report mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. security interest :: n. generic term for the property rights of a lende ... : deed of trust lien mortgage UCC-1 declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor breach of trust :: n. 1) any act which is in violation of the duties ... ise or confidence. See also: breach secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1 deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states. priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). equitable lien :: n. a lien on property imposed by a court in order ... lso: constructive trust equity lien title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury title search :: n. the examination of county records for the prope ... e escrow lien title title insurance race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party alienation :: n. the transfer of title to real property, volunta ... such as a mortgage. See also: alien record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution. landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. public trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best. alien :: 1) n. a person who is not a citizen of the country ... 3) v. to convey title to property. subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor voting trust :: n. a trust which solicits vote proxies of sharehol ... ation proxy shareholder stockholder trustee in bankruptcy :: n. a person appointed by a bankruptcy court to sup ... f the debtors. See also: bankruptcy chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge 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 cestui que trust :: n. (properly pronounced ses-tee kay, but lawyers p ... ust's assets. See also: beneficiary offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. co-trustee :: n. a trustee of a trust when there is more than on ... act alone. See also: trust trustee restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor 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. attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. trust fund :: n. the principal (called the corpus) of a trust, m ... ccumulated profits. See also: trust trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption trustor :: n. the creator of a trust (who normally places the ... ern states. See also: settlor trust mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor testamentary trust :: n. a trust created by the terms of a will. Example ... vivos trust living trust trust will non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. beach bum trust provision :: n. a requirement in a trust that a beneficiary can ... live off the trust. See also: trust tentative trust :: n. a bank account deposited in the name of the dep ... hdrawn at any time. See also: trust inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product 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 attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney. good title :: n. ownership of real property which is totally fre ... or deed of trust on the property). judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage 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. default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments. official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence. crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy ordinary course of business :: n. conduct of business within normal commercial cu ... rmal commercial customs and usages. breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations ex officio :: a (ex oh-fish-ee-oh)dj. Latin for "from the office ... ne is president of the corporation. certificate of incorporation :: n. document which some states issue to prove a cor ... the articles are sufficient proof. articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption offense :: n. a crime or punishable violation of law of any t ... type or magnitude. See also: crime cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation certificate of deposit (CD) :: n. a document issued by a bank in return for a dep ... D before the pledged time runs out. statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. offer :: n. a specific proposal to enter into an agreement ... es the contract. See also: contract invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud 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. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable. question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support UCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states. officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal. offeror :: n. a person or entity who makes a specific proposa ... t. See also: contract offer offeree offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror). equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant simple trust :: n. a trust which requires that all income be distr ... nd not accumulated. See also: trust proffer :: v. to offer evidence in a trial. ... v. to offer evidence in a trial. professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation bill of sale :: n. a written statement attesting to the transfer ( ... ther provisions. See also: contract gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done. abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate return of service :: n. written confirmation under oath by a process se ... ee also: service service of process lienor :: n. a person who holds a lien on another's property ... s property or funds. See also: lien bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer. frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement four corners of an instrument :: n. the term for studying an entire document to und ... solve an ambiguity in its language. bill of exchange :: n. a writing by a party (maker or drawer) ordering ... awn on a bank account is a "check." duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution. diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion court of equity :: n. originally in English common law and in several ... also: chancery court of law equity court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment service of process :: n. the delivery of copies of legal documents such ... by publication substituted service heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion 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 bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation. election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. letter of credit :: n. a document issued by a bank guaranteeing to pro ... ong-distance business transactions. peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages 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 writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution course of employment :: adj. actively involved in a person's employment at ... Acts. See also: scope of employment act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs. subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument defect :: n. an imperfection, quite often so great that the ... See also: defective defective title pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor defective :: adj. not being capable of fulfilling its function, ... t. See also: defect defective title bottomry :: n. a mortgage contract in which a ship and/or its ... n sell the ship and/or its freight. defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant conditional bequest :: n. in a will, a gift which will take place only if ... rries." See also: bequest executory self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection confidence game :: n. the obtaining of money from others through tric ... t and confidence. See also: swindle corpus :: n. 1) Latin for body. 2) the principal (usually mo ... inguished from interest or profits. conscious parallelism :: n. an undiscussed imitation by a business of a com ... cidence? No, conscious parallelism. per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will share :: n. 1) a portion of a benefit from a trust, estate, ... n issue of the corporation's stock. perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam. contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. contingent beneficiary :: n. a person or entity named to receive a gift unde ... lso: contingent contingent interest acknowledge :: v. 1) generally to admit something, whether bad, g ... recording. See also: acknowledgment controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts. constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge. conspirator :: n. a person or entity who enters into a plot with ... of antitrust laws. (See conspiracy scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. share and share alike :: adj. referring to the equal division of a benefit ... among the three surviving nephews. hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement. champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest spendthrift clause :: n. a provision in a trust or will that states that ... tly to Junior. See also: trust will covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will representation :: n. 1) the act of being another's agent. 2) acting ... ns or in court. See also: represent incidental beneficiary :: n. someone who obtains a benefit as the result of ... parent. See also: beneficiary trust cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws cy pres doctrine :: n. (see-pray doctrine) from French, meaning "as cl ... ey among several S.P.C.A. chapters. in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. hometowned :: adv. legalese for a lawyer or client suffering dis ... orneys over those from out of town. closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale hypothecate :: v. from Greek for "pledge," a generic term for usi ... sion. See also: secured transaction special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance. appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale appraiser :: n. a professional who makes appraisals of the valu ... isal Institute). See also: appraise law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. evasion of tax :: n. the intentional attempt to avoid paying taxes t ... rs. See also: estate tax income tax failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants. findings of fact :: n. See also: finding ... n. See also: finding American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude for value received :: prep. a phrase used in a promissory note, a bill o ... hout stating what that payment was. price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition. treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation stay of execution :: n. a court-ordered delay in inflicting the death p ... g the death penalty. See also: stay jobber :: n. a merchant who buys products (usually in bulk o ... buys and acts for specific clients. writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft errors and omissions :: n. short hand for malpractice insurance which give ... issions which amount to negligence. fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection law of the land :: n. a slang term for existing laws. ... n. a slang term for existing laws. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property." will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds. malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will distribution :: n. the act of dividing up the assets of an estate ... p percentages. See also: distribute divestiture :: n. the court-ordered or voluntary giving up of a p ... nopoly or other restraint of trade. admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege will :: n. a written document which leaves the estate of t ... will and testament probate testator probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust. embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney accounts receivable :: n. the amounts of money due or owed to a business ... sidering the chances of collection. prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor age of consent :: n. See also: legal age majority ... n. See also: legal age majority breach of the peace :: n. any act which disturbs the public or even one p ... g inappropriately. See also: breach grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. professional negligence :: n. See also: malpractice ... n. See also: malpractice notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution recording acts :: n. the statutes of each state which established th ... ecorders of Deeds. See also: record omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation easement :: n. the right to use the real property of another f ... rstandings at the time of creation. precatory :: adj. referring to a wish or advisory suggestion wh ... lutely prevent her from selling it. remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond moratorium :: n. 1) any suspension of activity, particularly vol ... to normal activities and earnings. restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism. metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness reservation :: n. a provision in a deed which keeps (reserves) to ... reserves lot 5." See also: reserve determinable :: adj. defining something which may be terminated up ... es or no longer lives in the house. barratry :: n. creating legal business by stirring up disputes ... ent he/she has no legitimate claim. beneficiary :: n. a broad definition for any person or entity (li ... beneficiary third-party beneficiary negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts delayed exchange :: n. an exchange of property to put off capital gain ... method and survived an IRS lawsuit. redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. 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 reversion :: n. in real property, the return to the grantor or ... lled "reverter." See also: reverter receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. title :: n. 1) ownership of real property or personal prope ... ink slip real property title search issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common in lieu :: prep. instead. "In lieu taxes" are use taxes paid ... go through the foreclosure process. seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax. uxor :: n. Latin for "wife." In deeds and documents the te ... man and not worthy of being named. jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance perform :: v. 1) to fulfill one's obligations under a contrac ... court order. See also: performance per curiam :: adj. Latin for "by the court," defining a decision ... dentified as the specif- ic author. performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance payment in full :: n. the giving of all funds due to another. This la ... ee accepts the payment as complete. per capita :: adj. Latin for "by head," meaning to be determined ... ivided equally among those persons. process server :: n. a person who serves (delivers) legal papers in ... table. See also: service of process permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction per :: prep. from Latin for "by means of" or simply, "by" ... (by day) or "per capita" (by head). permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings." pedophilia :: n. an obsession with children as sex objects. Over ... also: molestation pornography rape peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers per se :: (purr say) adj. Latin for "by itself," meaning inh ... e statement. See also: libel per se peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy. prohibition :: n. forbidding an act or activity. A court order fo ... icial. See also: injunction mandate peculation :: n. misappropriation of public (government) funds o ... roperty. See also: misappropriation penitentiary :: n. a state or federal prison in which convicts are ... mission of major crimes (felonies). per diem :: adj. or n. Latin for "per day," it is short for pa ... or fees of an employee or an agent. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. process :: n. in law, the legal means by which a person is re ... service of process subpena summons peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence. penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job. peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing payment in due course :: n. the giving of funds to the holder of a promisso ... nds. See also: holder in due course pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse. posse comitatus :: (pahs-see coh-mitt-tah-tus) n. from Latin for "pos ... group is called a posse for short. pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant prerogative writ :: n. an historic generic term for any writ (court or ... ls or another court. See also: writ plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure possess :: v. to own, have title to, occupy, physically hold ... ng the estate. See also: possession post mortem :: n. Latin for "after death," an examination of a de ... alled an autopsy. See also: coroner post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail. possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal. promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant 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 prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis predecease :: v. to die before someone else, as "if my brother, ... estate I give to his son, Eugene." preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock preferred dividend :: n. a payment of a corporation's profits to holders ... of stock. See also: preferred stock preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured. prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth picketing :: n. standing or parading near a business or governm ... es or threats to the public safety. physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards. pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title. permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party pro forma :: 1) prep. Latin for "as a matter of form," the phra ... se in annual sales or 6% inflation. pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. pilferage :: n. a crime of theft of little things, usually from ... ipments or baggage. See also: theft privilege :: n. a special benefit, exemption from a duty, or im ... rson, a group or a class of people. prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning primogeniture :: n. from Latin for "first born," the ancient rule f ... oes not exist in the United States. pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note pink slip :: n. 1) slang for official automobile registration c ... being fired or laid off from a job. presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). private parts :: n. men's or women's genitalia, excluding a woman's ... duction and/or sale of pornography. pimp :: n. a person who procures a prostitute for customer ... also: pander panderer prostitution private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer 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 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 mitigating circumstances :: n. in criminal law, conditions or happenings which ... ity heat of passion Twinkie defense misadventure :: n. a death due to unintentional accident without a ... me. See also: homicide manslaughter mirror wills :: n. the wills of a husband and wife which are ident ... d each names the other as executor. 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 military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate mining claim :: n. a description by boundaries of real property in ... g within a specific period of time. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. 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. molestation :: n. the crime of sexual acts with children up to th ... of rape. See also: pedophilia rape monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered. murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder 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. N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person. 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 negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike moral 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 moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant. motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering 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 mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate 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 malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages 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. litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs." 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:." 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. mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder maturity :: n. 1) the date when the payment of the principal a ... exchange legal age promissory note 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 maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." may :: v. a choice to act or not, or a promise of a possi ... sion or regulation. See also: shall memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed." 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 master :: n. 1) employer, in the area of law known as "maste ... ter and servant respondeat superior martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law marital rights :: n. an old-fashioned expression for the rights of a ... also: consortium loss of consortium manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. manifest :: 1) adj., adv. completely obvious or evident. 2) n. ... ritten list of goods in a shipment. maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. market value :: n. the price which a seller of property would rece ... ich are often called "comparables." negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader owner :: n. one who has legal title or right to something. ... ke one a legal owner. See also: own pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building. original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain 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. outbuilding :: n. a structure not connected with the primary resi ... arn, cabana, pool house or cottage. parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending 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 party wall :: n. a wall shared by two adjoining premises which i ... the property of one of the parties. patent ambiguity :: n. an obvious inconsistency in the language of a w ... the language of a written document. patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent payable :: 1) adj. referring to a debt which is due. A debt m ... liabilities (debts) of a business. pawn :: v. to pledge an item of personal property as secur ... nsed by the state. See also: pledge 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 party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again. 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 parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items. partial disability :: n. the result of an injury which permanently reduc ... erson's normal functioning is gone. partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property. participate :: v. to invest and then receive a part or share, as ... he estate of a person who has died. partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict or :: conj. either; in the alternative. It is often vita ... n," both must sign to change title. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal non-feasance :: n. the failure of an agent (employee) to perform a ... . See also: malfeasance misfeasance promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance 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 non-contiguous :: adj. referring to two or more parcels of real prop ... l property which are not connected. non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder. no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court 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 no fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages 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. nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment. nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. 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. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel. occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant payable on demand :: adj. a debt on a promissory note or bill of exchan ... e (party to whom the debt is owed). restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury swindle :: v. to cheat through trick, device, false statement ... orm of theft. See also: fraud theft suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence 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. 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 tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax 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. surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials. surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house." 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 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. 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 Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court surcharge :: n. an additional charge of money made because it w ... for being late in making a payment. supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. 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 tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax. tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testatrix :: n. female form of testator, although distinguishin ... out of fashion. See also: testator third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." tide lands :: n. land between the high and low tides, which is u ... ch fronts on the sea at that point. three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money. testator :: n. a person who has written a will which is in eff ... me of his/her death. See also: will testamentary disposition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer 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. tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy testamentary capacity :: n. having the mental competency to execute a will ... lso: competent undue influence will term :: n. 1) in contracts or leases, a period of time, su ... nancy" is one term for "occupancy." tenure :: n. 1) in real property, the right to possess the p ... e a probationary period has passed. tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering successive sentences :: n. in criminal law, the imposition of the penalty ... uld be 15 years. See also: sentence spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights state :: n. 1) the federal or state government and any of i ... d States. 3) a nation's government. stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent 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 special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate 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." 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. 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 specific bequest :: n. the gift in a will of a certain article to a ce ... ce, Sophie." See also: bequest will special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding stay :: n. a court-ordered short-term delay in judicial pr ... r case. See also: stay of execution stipulation :: n. an agreement, usually on a procedural matter, b ... g, signed and filed with the court. subpoena :: n. the original spelling of subpena, still commonl ... e also: subpena subpena duces tecum subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor 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 subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee subscribe :: v. 1) to sign at the end of a document. The courts ... r periodical magazine or newspaper. substitution :: n. putting one person in place of another, in part ... See also: substitution of attorney succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process substitute in :: v. to take over a case from another lawyer, which ... See also: substitution of attorney substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted. sublease :: n. the lease to another of all or a portion of pre ... and sublease. See also: lease rent stock option :: n. the right to purchase stock in the future at a ... hares. See also: option share stock stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant stock in trade :: n. the inventory of merchandise held for sale. ... ntory of merchandise held for sale. 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 straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs). strict construction :: (narrow construction) n. interpreting the Constitu ... See also: constitution construction subchapter S corporation :: n. the choice by a small corporation to be treated ... ing attorney. See also: corporation sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur title abstract :: n. a history of the chain of title. See also: abst ... chain of title. See also: abstract toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained. watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will wind up :: v. to liquidate (sell or dispose of) assets of a c ... r partnership. See also: winding up widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband. white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers. whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante. voidable :: adj. capable of being made void. Example: a contra ... ot necessarily void. See also: void voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable viz :: prep. to wit, or namely. Example: "There were seve ... d broken windows." See also: to wit winding up :: n. liquidating the assets of a corporation or part ... ration cy pres doctrine partnership wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust confidential communication :: n. certain written communications which can be kep ... privilege privileged communication settlor :: n. the person who creates a trust by a written tru ... the trust. See also: trust trustor inter se :: (in-tur say)prep. Latin for "among themselves," me ... or only to the trustees as a group. generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax. criminal attorney :: n. a popular term for an attorney who specializes ... . See also: crime felon misdemeanor legal services :: n. the work performed by a lawyer for a client. ... performed by a lawyer for a client. mortgagor :: n. the person who has borrowed money and pledged h ... agee). See also: mortgage mortgagee Truth in Lending Act :: n. a federal statute which requires a commercial l ... erms and cancel the loan agreement. work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney. retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. debtor in possession :: n. in bankruptcy proceedings when a debtor has fil ... n possession." See also: bankruptcy Workmen's Compensation :: n. a former name for worker's compensation before ... isex title of the acts was adopted. World Court :: n. the Court of International Justice, founded by ... rd and to be bound by the decision. witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation writ :: n. a written order of a judge requiring specific a ... ntity to whom the writ is directed. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). cestui que use :: (pronounced ses-tee kay use or setty kay use) n. a ... beneficiary cestui que trust trust aliquot :: (al-ee-kwoh) adj. a definite fractional share, us ... trust assets. See also: share zoning :: n. a system of developing a city or county plan in ... îâñêîé ãàðàíòèè . |