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: 430
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement.
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
hot pursuit :: n. when a law enforcement officer is so close behi ... sh pursuit. See also: fresh pursuit
multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated.
fresh pursuit :: n. immediate chase of a suspected criminal by a la ... hot pursuit. See also: hot pursuit
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear.
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will.
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
partition :: n. a lawsuit which one co-owner of real property c ... sell, keep or divide the property.
on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
pro per :: adj. short for "propria persona," which is Latin f ... in propria persona propria persona
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence.
plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
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
prima facie case :: n. a plaintiff's lawsuit or a criminal charge whic ... en and shut." See also: prima facie
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun.
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement
pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation
perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
pendente lite :: (pen-den-tay lee-tay) adj. Latin for awaiting the ... enforced until the lawsuit is over.
pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant
prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone).
performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance
permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
petit jury :: n. old-fashioned name for the jury sitting to hear ... r duties. See also: Grand Jury jury
permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability
permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction
peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy.
new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations
liable :: adj. responsible or obligated. Thus, a person or e ... al prosecution. See also: liability
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
litigation :: n. any lawsuit or other resort to the courts to de ... termine a legal question or matter.
litigant :: n. any party to a lawsuit. This means plaintiff, d ... ant, but not a witness or attorney.
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
legal duty :: n. the responsibility to others to act according t ... al injuries. See also: duty of care
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
legal action :: n. any lawsuit, petition or prosecution. ... y lawsuit, petition or prosecution.
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case."
lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic.
loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages
loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages
multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
movant :: n. the party in a lawsuit or other legal proceedin ... or judgment). See also: motion move
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
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state.
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem
pro se :: (proh say) prep. Latin for "for himself." A party ... o se." See also: in propria persona
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
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.
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor
statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party.
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge.
settle :: v. to resolve a lawsuit without a final court judg ... rior to trial. See also: settlement
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
sexual harassment :: n. unwanted sexual approaches (including touching, ... emale employees. See also: nuisance
shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
shareholders' derivative action :: n. a lawsuit by a corporation's shareholders, theo ... gement. See also: derivative action
substitution :: n. putting one person in place of another, in part ... See also: substitution of attorney
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust
unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business.
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service
three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
summons :: n. a document issued by the court at the time a la ... use service service of process writ
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name
trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade
tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
punitive damages :: n. (synony- mous with exemplary damages), damages ... t acts. See also: exemplary damages
puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud
quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
receivership :: n. the process of appointment by a court of a rece ... n receivership." See also: receiver
reciprocal discovery :: n. the exchange of documents, lists of witnesses, ... n before trial. See also: discovery
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander
public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
process server :: n. a person who serves (delivers) legal papers in ... table. See also: service of process
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings."
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
provisional remedy :: n. a generic term for any temporary order of a cou ... ing. See also: temporary injunction
prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof
prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
recover :: v. to receive a money judgment in a lawsuit. ... eive a money judgment in a lawsuit.
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
result :: n. common lawyer lingo for outcome of a lawsuit. ... yer lingo for outcome of a lawsuit.
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
self-executing :: adj. immediately effective without further action, ... party the right to try to collect.
self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act.
rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission
request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding.
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
rehearing :: n. conducting a hearing again based on the motion ... the judge or agency was just wrong.
recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal
recovery :: n. the amount of money and any other right or prop ... ceived by a plaintiff in a lawsuit.
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies").
relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment
reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander
replevin :: n. under common law, the right to bring a lawsuit ... se of action" for all civil wrongs.
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
probative facts :: n. evidence which tends to prove something which i ... See also: probative probative value
judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree
commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent
collateral estoppel :: n. the situation in which a judgment in one case p ... ng. See also: estoppel res judicata
collateral attack :: n. a legal action to challenge a ruling in another ... of paternity in the divorce action.
complainant :: n. a person or entity who begins a lawsuit by fili ... lso: complaint petitioner plaintiff
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
concealment :: n. fraudulent failure to reveal information which ... lawsuit for fraud. See also: fraud
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
codefendant :: n. when more than one person or entity is sued in ... party sued is called a codefendant.
civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar
civil code :: n. in many states, the name for the collection of ... negligence lawsuits and practices.
civil action :: n. any lawsuit relating to civil matters and not c ... inal prosecution. See also: lawsuit
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee
civil liability :: n. potential responsibility for payment of damages ... ans open to punishment for a crime.
civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
confidential communication :: n. certain written communications which can be kep ... privilege privileged communication
court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity
covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant
court of equity :: n. originally in English common law and in several ... also: chancery court of law equity
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company.
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment
debt :: n. 1) a sum of money due to another. 2) obligation ... mount owed. See also: common counts
day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket."
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
consent judgment :: n. a judgment issued by a judge based on an agreem ... forceable. See also: consent decree
consequential damages :: n. damages claimed and/or awarded in a lawsuit whi ... See also: damages foreseeable risk
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
consortium :: n. 1) a group of separate businesses or business p ... oney terms is a difficult question.
cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
adopt :: v. 1) to take on the relationship of parent to chi ... nt in a lawsuit. See also: adoption
admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay
admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation
alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil
allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint
agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts.
agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities.
abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit
action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
acknowledge :: v. 1) generally to admit something, whether bad, g ... recording. See also: acknowledgment
accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach).
account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt
alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act).
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
battery :: n. the actual intentional striking of someone, wit ... e also: assault assault and battery
bill :: n. 1) what is commonly called a "check" by which t ... ions, which is falling into disuse.
barratry :: n. creating legal business by stirring up disputes ... ent he/she has no legitimate claim.
bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property.
bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit.
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed.
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
award :: 1) n. the decision of an arbitrator or commissione ... warded $27,000." See also: judgment
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
assault and battery :: n. the combination of the two crimes of threat (as ... damages. See also: assault battery
defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
holdover tenancy :: n. the situation when a tenant of real estate cont ... to a lawsuit for unlawful detainer.
hold harmless :: n. a promise to pay any costs or claims which may ... e other party agrees to cover them.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
in forma pauperis :: (in form-ah paw-purr-iss) adj. or adv. Latin for " ... poor defendants who have been sued.
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain
gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment.
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars.
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority
John Doe :: n. 1) a fictitious name used for a possible male d ... lso: fictitious defendants Jane Doe
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
Jane Doe :: n. 1) a fictitious name used for a possible female ... lso: fictitious defendants John Doe
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
judgment debtor :: n. the losing defendant in a lawsuit who owes the ... winner. See also: judgment creditor
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ
innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
disposition :: n. the court's final determination of a lawsuit or ... on of a lawsuit or criminal charge.
diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000.
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
duty :: n. 1) a legal obligation, the breach of which can ... on imports. See also: duty of care
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents.
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights
delayed exchange :: n. an exchange of property to put off capital gain ... method and survived an IRS lawsuit.
demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
depose :: v. 1) to ask questions of a witness or a party to ... tion. See also: deponent deposition
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
fighting words :: n. words intentionally directed toward another per ... he basis for a lawsuit for assault.
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
forum :: n. a court which has jurisdiction to hold a trial ... f a particular lawsuit or petition.
foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability
forensic testimony :: n. any testimony of expert scientific, engineering ... ee also: forensic forensic medicine
Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts.
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
exhibit :: n. 1) a document or object (including a photograph ... ncorporated into the main document.
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage