Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Founded: 407
subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
pretrial discovery :: n. See also: discovery ... n. See also: discovery
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant
after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence
best evidence rule :: n. the legal doctrine that an original piece of ev ... ence in a trial. See also: evidence
documentary evidence :: n. any document (paper) which is presented and all ... evancy. See also: document evidence
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child.
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence
retrial :: n. a new trial granted upon the motion of the losi ... al or reversed by an appeals court.
reciprocal discovery :: n. the exchange of documents, lists of witnesses, ... n before trial. See also: discovery
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
subpoena :: n. the original spelling of subpena, still commonl ... e also: subpena subpena duces tecum
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
corroborating evidence :: n. evidence which strengthens, adds to, or confirm ... confirms already existing evidence.
direct evidence :: n. real, tangible or clear evidence of a fact, hap ... o: circumstantial evidence evidence
clear and convincing evidence :: n. evidence that proves a matter by the "preponder ... See also: beyond a reasonable doubt
court trial :: ("non-jury trial"): a trial with a judge but no ju ... : a trial with a judge but no jury.
DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission.
weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence
work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney.
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
brought to trial :: v. the act of actually beginning a trial, usually ... y or beginning opening statements).
turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence.
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime.
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury stress :: n. a form of mental, emotional, psychological, phy ... do the right thing. See also: jury
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
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
McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning
matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped.
motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine
proffer :: v. to offer evidence in a trial. ... v. to offer evidence in a trial.
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted.
shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative
prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause
relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
comment :: n. a statement made by a judge or an attorney duri ... e rung, cannot be unrung," applies.
extrajudicial :: adj. referring to actions outside the judicial (co ... gnized by the judge during a trial.
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
criminal justice :: n. a generic term for the procedure by which crimi ... endered and punishment carried out.
corroborate :: v. to confirm and sometimes add substantiating (re ... l. See also: corroborating evidence
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
confidential communication :: n. certain written communications which can be kep ... privilege privileged communication
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
exhibit :: n. 1) a document or object (including a photograph ... ncorporated into the main document.
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
bifurcation :: n. the act of a judge in dividing issues before a ... on the other issue. (See bifurcate
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
in limine :: (in lim-in-ay) from Latin for "at the threshold," ... otion. See also: motion to suppress
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test.
leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
material witness :: n. a person who apparently has information about t ... e. See also: material trial witness
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated.
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law
minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all.
nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court
lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:."
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
forensic :: 1) adj. from Latin forensis for "belonging to the ... in legal matters, including trials.
forum :: n. a court which has jurisdiction to hold a trial ... f a particular lawsuit or petition.
go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal.
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court
discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance.
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority.
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance
judicial proceedings :: n. any action by a judge re: trials, hearings, pet ... efore the court. See also: judicial
juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
jury box :: n. the enclosed area in which the jury sits in ass ... a jury trial. See also: juror jury
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial
in absentia :: (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for ... tin Bormann, Hitler's closest aide.
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
interim order :: n. a temporary order of the court pending a hearin ... erlocutory decree restraining order
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain
jury panel :: n. the list from which jurors for a particular tri ... may be chosen. See also: juror jury
piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured.
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge.
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department.
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
settle :: v. to resolve a lawsuit without a final court judg ... rior to trial. See also: settlement
riparian rights :: n. the right of the owner of the land forming the ... elled away from its natural course.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
sequestration :: n. the act of a judge issuing an order that a jury ... during trial). See also: sequester
setting :: n. the action of a court, clerk or commissioner in ... g a trial or hearing. See also: set
set :: v. to schedule, as to "set a case for trial." ... dule, as to "set a case for trial."
stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent
summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
zoning :: n. a system of developing a city or county plan in ... овской гарантии . writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
Superior Court :: n. the name used in 16 states for the basic county ... county trial court. See also: court
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent
plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision.
direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness
physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing
plenary :: adj. full, complete, covering all matters, usually ... ring to an order, hearing or trial.
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
people :: n. the designation for the prosecuting government ... secutions, United States v. Miller.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel.
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction
recess :: n. a break in a trial or other court proceedings o ... t," which winds up the proceedings.
reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities.
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney.
privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
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."
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
reprieve :: n. a temporary delay in imposition of the death pe ... commutation of sentence or pardon.
renunciation :: n. 1) giving up a right, such as a right of inheri ... renunciation is factually too late.
referee :: n. a person to whom a judge refers a case to take ... on such findings. See also: master
rebuttal :: n. evidence introduced to counter, disprove or con ... tion, or responsive legal argument.
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
rehearing :: n. conducting a hearing again based on the motion ... the judge or agency was just wrong.
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
renewal :: n. keeping an existing arrangement in force for an ... ction which evidences the new term.
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy
community property :: n. property and profits received by a husband and ... and distribution separate property
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
business invitee :: n. a person entering commercial premises for the p ... to the contrary. See also: invitee
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages
seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant
seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure
securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock
self-incrimination :: n. making statements or producing evidence which t ... nda warning rights taking the Fifth
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon
prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach.
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
four corners of an instrument :: n. the term for studying an entire document to und ... solve an ambiguity in its language.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title
hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
instruction :: n. an explanation of the law governing a case whic ... fore the jury begins deliberations.
indicia :: n. (in-dish-yah) from Latin for "signs," circumsta ... . See also: circumstantial evidence
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence
lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence
jury tampering :: n. the crime of attempting to influence a jury thr ... e also: jury subornation of perjury
extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim).
obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime.
probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure
prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction.
enclosure :: (inclosure)n. land bounded by a fence, wall, hedge ... oundaries and cause legal problems.
probative :: adj. in evidence law, tending to prove something. ... so: probative facts probative value
probative facts :: n. evidence which tends to prove something which i ... See also: probative probative value
District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure.
document :: n. a popular generic word among lawyers for any pa ... it. See also: documentary evidence
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
overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building.
exculpatory :: adj. applied to evidence which may justify or excu ... t guilty or has no criminal intent.
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant
true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places.
compromise :: 1) n. an agreement between opposing parties to set ... some demands. See also: settlement
compound question :: n. the combination of more than one question into ... rate questions. See also: objection
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws
capricious :: adv., adj. unpredictable and subject to whim, ofte ... a judge is inconsistent or erratic.
indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
depose :: v. 1) to ask questions of a witness or a party to ... tion. See also: deponent deposition
defense :: n. 1) a general term for the effort of an attorney ... tiff. See also: affirmative defense
court calendar :: n. the list of matters to be heard or set for tria ... ring by a court. See also: calendar
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays.
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
conviction :: n. the result of a criminal trial in which the def ... t has been found guilty of a crime.
convict :: 1) v. to find guilty of a crime after a trial. 2) ... ted of a felony and sent to prison.
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights
partial disability :: n. the result of an injury which permanently reduc ... erson's normal functioning is gone.
summons :: n. a document issued by the court at the time a la ... use service service of process writ
executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974).
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed.
constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff
attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product
requirements contract :: n. a contract between a supplier (or manufacturer) ... produces. See also: output contract
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
appellee :: n. in some jurisdictions the name used for the par ... ndent." See also: appeal respondent
appellant :: n. the party who appeals a trial court decision he ... e/she/it has lost. See also: appeal
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts.
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract
act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial."
acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict
administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing
admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule