judgment by default :: n. See also: default judgment ... n. See also: default judgment
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice
entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments.
enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
consent judgment :: n. a judgment issued by a judge based on an agreem ... forceable. See also: consent decree
final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
judgment debt :: n. the amount of money in a judgment award to the ... ee also: judgment judgment creditor
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
judgment debtor :: n. the losing defendant in a lawsuit who owes the ... winner. See also: judgment creditor
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
repossess :: v. to take back property through judicial processe ... upon default in required payments.
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction
priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse").
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings."
preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien
pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
recover :: v. to receive a money judgment in a lawsuit. ... eive a money judgment in a lawsuit.
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
move :: v. to make a motion in court applying for a court ... r judgment. See also: motion movant
writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
movant :: n. the party in a lawsuit or other legal proceedin ... or judgment). See also: motion move
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.
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will.
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment
official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
vacate :: v. 1) for a judge to set aside or annul an order o ... of real estate and cease occupancy.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
sheriff's sale :: n. an auction sale of property held by the sheriff ... so: execution forced sale levy writ
statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party.
stay :: n. a court-ordered short-term delay in judicial pr ... r case. See also: stay of execution
three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
settle :: v. to resolve a lawsuit without a final court judg ... rior to trial. See also: settlement
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal.
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
self-executing :: adj. immediately effective without further action, ... party the right to try to collect.
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
revival :: n. 1) requesting a court to reinstate the force of ... e of limitations (the time to sue).
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed
cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial
collateral estoppel :: n. the situation in which a judgment in one case p ... ng. See also: estoppel res judicata
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
creditor's rights :: n. the field of law dealing with the legal means a ... also: creditor debt debtor judgment
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
drop dead date :: n. a provision in a contract or a court order whic ... ng property or entering a judgment.
en banc :: (on bonk) French for "in the bench," it signifies ... he case and agreed to by the court.
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta
decision :: n. judgment, decree or determination of findings o ... (court). See also: decree judgment
declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment
decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action
adjudication :: n. the act of giving a judicial ruling such as a j ... adjudication. See also: bankruptcy
after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis
agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts.
ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction
adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acquittal :: n. what an accused criminal defendant receives if ... se) of not guilty. See also: acquit
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
award :: 1) n. the decision of an arbitrator or commissione ... warded $27,000." See also: judgment
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale
interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
forced sale :: n. a sale of goods seized by the sheriff to satisf ... ay) a judgment. See also: execution
fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail.
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
final decree :: n. another name for a final judgment. In states wh ... together). See also: final judgment
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim).
full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder
held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling
homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property."
headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee
governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity
guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.