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: 1051
guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
public administrator :: n. a county official with the responsibility to ha ... ian is available. See also: probate
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising.
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
advance :: n. a payment which is made before it is legally du ... uthor, or a note is due to be paid.
leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
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
admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay
adopt :: v. 1) to take on the relationship of parent to chi ... nt in a lawsuit. See also: adoption
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
attorney's advertising :: n. the commercials which appear on television or c ... es to handle high volume practices.
insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider
trade :: 1) n. a business or occupation for profit, particu ... rade fixture trade secret trademark
trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade
trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark
bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed.
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery.
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
res adjudicata :: n. a thing (legal matter) already determined by a ... es judicata. See also: res judicata
ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract.
contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract
trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade
trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name
plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading
ancillary administration :: n. administration of an estate's assets in another ... or "subordinate." See also: probate
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
administer :: v. 1) to conduct the duties of a job or position. ... lso: administrator executor probate
amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer
homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property."
interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court.
trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney.
deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust
alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act).
adverse :: adj. clearly contrary, such as an adverse party be ... the property, such as an easement.
judge advocate general :: (J.A.G.) n. a military officer who advises the gov ... also: court-martial judge advocate
judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority
ad hoc :: adj. Latin shorthand meaning "for this purpose onl ... pecially able to argue a key point.
next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem
adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
ademption :: n. the act of adeeming, which is revoking (getting ... gift before death. See also: adeem
ad seriatim :: adj. (add sear-ee-ah-tim) Latin for "one after ano ... after another". See also: seriatim
adjudication :: n. the act of giving a judicial ruling such as a j ... adjudication. See also: bankruptcy
adjusted basis :: n. in accounting, the original cost of an asset ad ... s taxes. See also: basis income tax
adeem :: v. to revoke a gift made in a will by destroying, ... e of my death." See also: ademption
adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract
ad valorem :: adj. Latin for "based on value," which applies to ... per parcel. See also: property tax
addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently.
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
adverse interest :: n. a right or concern that is contrary to the inte ... o the interest or claim of another.
drop dead date :: n. a provision in a contract or a court order whic ... ng property or entering a judgment.
stock in trade :: n. the inventory of merchandise held for sale. ... ntory of merchandise held for sale.
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law
misadventure :: n. a death due to unintentional accident without a ... me. See also: homicide manslaughter
surety :: n. a guarantor of payment or performance if anothe ... or entity. See also: bond guarantor
admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence
joint adventure :: n. when two or more people go together on a trip o ... e activity. See also: joint venture
will :: n. a written document which leaves the estate of t ... will and testament probate testator
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy
adjourn :: v. the final closing of a meeting, such as a conve ... ater time. See also: recess session
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge."
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
overcharge :: v. 1) to charge more than a posted or advertised p ... osecutor to intimidate the accused.
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.
partial :: adj. not complete or entire. See also: partial bre ... : partial breach partial disability
partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items.
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear.
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building.
owner :: n. one who has legal title or right to something. ... ke one a legal owner. See also: own
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury
obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum
offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror).
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing.
obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime.
nugatory :: adj. of no force or effect; invalid. Example: a st ... unconstitutional is a nugatory law.
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract
or :: conj. either; in the alternative. It is often vita ... n," both must sign to change title.
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
ordinary :: adj. regular, customary and continuing, and not un ... , ordinary risks or ordinary skill.
orphan :: n. a child, particularly a minor, whose two natura ... an a child who has lost one parent.
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
on demand :: adj. in a promissory note, a requirement that the ... demand note." See also: demand note
on file :: prep. having been formally filed with the clerk of ... eading is "on file." See also: file
on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege
posse comitatus :: (pahs-see coh-mitt-tah-tus) n. from Latin for "pos ... group is called a posse for short.
positive law :: n. statutory man-made law, as compared to "natural ... 651). See also: natural law statute
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
post mortem :: n. Latin for "after death," an examination of a de ... alled an autopsy. See also: coroner
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal.
plenary :: adj. full, complete, covering all matters, usually ... ring to an order, hearing or trial.
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
noxious :: adj. harmful to health, often referring to nuisanc ... alth, often referring to nuisances.
personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons
picketing :: n. standing or parading near a business or governm ... es or threats to the public safety.
pimp :: n. a person who procures a prostitute for customer ... also: pander panderer prostitution
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer.
practicable :: adj. when something can be done or performed. ... something can be done or performed.
presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure
preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction
precatory :: adj. referring to a wish or advisory suggestion wh ... lutely prevent her from selling it.
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty
permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards.
peaceable possession :: n. in real estate, holding property without any ad ... to possession or title by another.
payment in due course :: n. the giving of funds to the holder of a promisso ... nds. See also: holder in due course
pecuniary :: adj. relating to money, as in "pecuniary loss." ... g to money, as in "pecuniary loss."
peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy.
peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence.
peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers
payable on demand :: adj. a debt on a promissory note or bill of exchan ... e (party to whom the debt is owed).
payable :: 1) adj. referring to a debt which is due. A debt m ... liabilities (debts) of a business.
passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts.
party wall :: n. a wall shared by two adjoining premises which i ... the property of one of the parties.
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent
paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement.
penal :: adj. referring to criminality, as in defining "pen ... ntiary confining convicted felons).
penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job.
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
peremptory :: adj. absolute, final and not entitled to delay or ... allenges or a date set for hearing.
perfected :: adj. having completed all necessary legal steps to ... itle to property. See also: perfect
perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will
per se :: (purr say) adj. Latin for "by itself," meaning inh ... e statement. See also: libel per se
per :: prep. from Latin for "by means of" or simply, "by" ... (by day) or "per capita" (by head).
pendente lite :: (pen-den-tay lee-tay) adj. Latin for awaiting the ... enforced until the lawsuit is over.
per capita :: adj. Latin for "by head," meaning to be determined ... ivided equally among those persons.
per curiam :: adj. Latin for "by the court," defining a decision ... dentified as the specif- ic author.
per diem :: adj. or n. Latin for "per day," it is short for pa ... or fees of an employee or an agent.
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
month-to-month :: adj. referring to a tenancy in which the tenant pa ... e also: landlord and tenant tenancy
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison.
manifest :: 1) adj., adv. completely obvious or evident. 2) n. ... ritten list of goods in a shipment.
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:."
life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence.
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs."
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
maturity :: n. 1) the date when the payment of the principal a ... exchange legal age promissory note
may :: v. a choice to act or not, or a promise of a possi ... sion or regulation. See also: shall
McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
material representation :: n. a convincing statement made to induce someone t ... bility. See also: contract material
material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach.
mark :: n. an "X" made by a person who is illiterate or to ... make the will valid. See also: will
maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law
lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph
libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander
landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant
landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out).
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic.
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury
justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test.
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
legal :: adj., adv. according to law, not in violation of l ... law or anything related to the law.
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
lewd and lascivious :: adj., adv. references to conduct which includes pe ... t exposure pornography prostitution
liable :: adj. responsible or obligated. Thus, a person or e ... al prosecution. See also: liability
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
letters :: n. shorthand for letters testamentary or letters o ... administration letters testamentary
lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority
legal fiction :: n. a presumption of fact assumed by a court for co ... he law, and not law from fictions."
legitimate :: adj., adv1) legal, proper, real. 2) referring to a ... 3) v. to make proper and/or legal.
lemon law :: n. statutes adopted in some states to make it easi ... still trying" to make it run right.
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce
negligent :: adj., adv. careless in not fulfilling responsibili ... esponsibility. See also: negligence
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate
net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court
negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date.
necessary :: adj., adv. 1) essen- tial. 2) less forcefully, it ... nient, useful or making good sense.
mutual :: adj., adv. referring to anything in which both par ... rights, understanding or agreement.
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
mutual wills :: n. wills made by two people (usually spouses, but ... r the other person making the will.
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 fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
non-contiguous :: adj. referring to two or more parcels of real prop ... l property which are not connected.
non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder.
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
non compos mentis :: : (nahn com-pose meant-is) adj. referring to someo ... . See also: competent compos mentis
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
municipal :: adj. referring to an incorporated or chartered cit ... rporated or chartered city or town.
multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate
metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn.
merchantable :: adj. a product of a high enough quality to make it ... taminated or flawed. See also: sale
mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
mesne :: : (mean, with a silent s) adj. from Norman French ... e profits." See also: mesne profits
mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne
molestation :: n. the crime of sexual acts with children up to th ... of rape. See also: pedophilia rape
monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine
motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime.
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
moot :: adj. 1) unsettled, open to argument or debatable, ... st. See also: moot court moot point
prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning
moot point :: n. 1) a legal question which no court has decided, ... f academic interest. See also: moot
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
subordination :: n. allowing a debt or claim which has priority to ... . See also: subordination agreement
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
succession :: n. the statutory rules of inheritance of a dead pe ... istribution." See also: inheritance
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
subcontractor :: n. a person or business which has a contract (as a ... ependent contractor mechanic's lien
sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case.
straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs).
stock :: 1) n. inventory (goods) of a business meant for sa ... siness. See also: share shareholder
street :: n. a roadway in an urban area, owned and maintaine ... A private road cannot be a street.
strict construction :: (narrow construction) n. interpreting the Constitu ... See also: constitution construction
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
successive sentences :: n. in criminal law, the imposition of the penalty ... uld be 15 years. See also: sentence
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
surrogate :: n. 1) a person acting on behalf of another or a su ... or probates, estates and adoptions.
surplusage :: n. a term used in analyzing legal documents and pl ... ect and, therefore, can be ignored.
surrogate court :: n. a court in a few states (including New York) wi ... er probates, estates and adoptions.
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant
swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury
surcharge :: n. an additional charge of money made because it w ... for being late in making a payment.
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supplemental :: adj. referring to anything that is added to comple ... emental answer, supplemental claim.
suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence
supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue.
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
share and share alike :: adj. referring to the equal division of a benefit ... among the three surviving nephews.
sexual harassment :: n. unwanted sexual approaches (including touching, ... emale employees. See also: nuisance
sharp practice :: n. actions by a lawyer using misleading statements ... e bar association or by the courts.
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge.
several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement
settle :: v. to resolve a lawsuit without a final court judg ... rior to trial. See also: settlement
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
sine qua non :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special :: adj. referring to a particular purpose, person or ... rator, master, orders and so forth.
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder
void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment.
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
usurious :: adj. referring to the interest on a debt which exc ... ate allowed by law. See also: usury
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business.
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
unlawful :: adj. referring to any action which is in violation ... on, or established legal precedents
voidable :: adj. capable of being made void. Example: a contra ... ot necessarily void. See also: void
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
Workmen's Compensation :: n. a former name for worker's compensation before ... isex title of the acts was adopted.
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
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.
youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent
your honor :: n. the proper way to address a judge in court. ... er way to address a judge in court.
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful
wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained.
waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers.
willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act
tortious :: adj. referring to an act which is a tort (civil wr ... tort (civil wrong). See also: tort
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
transfer agent :: n. a person or company retained by a corporation t ... stockbroker. See also: share stock
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
testamentary :: adj. pertaining to a will. ... adj. pertaining to a will.
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary
third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary.
three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money.
treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition
treaty :: n. a pact between nations which, if entered into b ... ation and not enforceable treaties.
UCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states.
Twinkie defense :: n. a claim by a criminal defendant that at the tim ... rder. See also: diminished capacity
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
trust fund :: n. the principal (called the corpus) of a trust, m ... ccumulated profits. See also: trust
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
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
Queen's Bench :: n. 1) the highest court in Great Britain during th ... include close to 50 percent women.
quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
ratable :: adj. taxable according to value, such as an estate ... lue, such as an estate or property.
quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi
quasi in rem :: adj. referring to a legal action which is primaril ... See also: in personam in rem quasi
public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain
public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander
publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander
putative :: adj. commonly believed, supposed or claimed. Thus ... not the last will of the deceased.
quasi :: : (kway-zeye, kwah-zee) adj., adv. from Latin for ... ve to be treated "as if" they were.
ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reckless :: adj. in both negligence and criminal cases, carele ... so: careless negligent wet reckless
recess :: n. a break in a trial or other court proceedings o ... t," which winds up the proceedings.
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
rebuttal :: n. evidence introduced to counter, disprove or con ... tion, or responsive legal argument.
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities.
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence
reasonable time :: n. in contracts, common custom in the business or ... a contract using such a vague term.
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
public :: 1) n. the people of the nation, state, county, dis ... lands and public and private roads.
pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title.
pro per :: adj. short for "propria persona," which is Latin f ... in propria persona propria persona
pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today."
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
probative :: adj. in evidence law, tending to prove something. ... so: probative facts probative value
probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege
pro bono :: adj. short for pro bono publico, Latin for "for th ... cation organizations and charities.
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone).
principal place of business :: n. location of head office of a business where the ... business to the Secretary of State.
priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse").
private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
prospectus :: n. a detailed statement by a corporation required ... rporation limited partnership stock
proprietary :: adj. referring to ownership. ... adj. referring to ownership.
prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute
protest :: 1) v. to complain in some public way about any act ... dishonored (not paid by the bank).
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
propria persona :: adj. from Latin, for oneself. See also: in pro per ... pro per in propria persona pro per
property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
proctor :: n. 1) in admiralty (maritime) law, an attorney. 2) ... ttorney. 2) person who keeps order.
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
registration statement :: n. a detailed report to be filed with the Securiti ... See also: blue sky laws prospectus
running at large :: adj. 1) referring to cattle or other animals which ... om an entire city, county or state.
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
running with the land :: adj. permanently part of the title (ownership) to ... title (ownership) to real property.
said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms.
riparian :: adj. referring to the banks of a river or stream. ... to the banks of a river or stream.
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities.
self-executing :: adj. immediately effective without further action, ... party the right to try to collect.
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
seriatim :: (sear-ee-ah-tim) prep. Latin for "one after anothe ... one in order. See also: ad seriatim
seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant
seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape
secondary boycott :: n. an organized refusal to purchase the products o ... state laws and, thus, are illegal.
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1
securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock
sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
rider :: n. 1) an attachment to a document which adds to or ... sic bill has support. 3) passenger.
replevin :: n. under common law, the right to bring a lawsuit ... se of action" for all civil wrongs.
repair :: v. to restore to former condition or in some contr ... tching to temporarily halt leaking.
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site."
res gestae :: (rayz jest-tie) n. from Latin for "things done," i ... n those circumstances are reliable.
reputed :: adj. referring to what is accepted by general publ ... lic belief, whether or not correct.
renunciation :: n. 1) giving up a right, such as a right of inheri ... renunciation is factually too late.
renewal :: n. keeping an existing arrangement in force for an ... ction which evidences the new term.
rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies").
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection
reliction :: n. gradual change of water line on real property w ... more dry land. See also: accretion
remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
res judicata :: : (rayz judy-cot-ah) n. Latin for "the thing has b ... djudicata. See also: res adjudicata
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal.
responsible :: adj. 1) legally liable or accountable. 2) having t ... ving the ability to pay or perform.
rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission
resale :: n. selling again, particularly at retail. 2) adj. ... ction of sales tax on retail sales.
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
reservation :: n. a provision in a deed which keeps (reserves) to ... reserves lot 5." See also: reserve
residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
compensatory damages :: n. damages recovered in payment for actual injury ... es punitive damages special damages
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
compromise verdict :: n. a decision made by a jury in which the jurors s ... ning the verdict. See also: verdict
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
constructive fraud :: n. when the circumstances show that someone's acti ... been proven. See also: constructive
constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust
contiguous :: adj. connected or "next to", usually meaning adjoi ... ng adjoining pieces of real estate.
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
construction :: n. the act of a lawyer or court in interpreting an ... tion. See also: strict construction
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
conscientious objector :: n. a person who refuses to serve in the military d ... ometimes call them "draft dodgers."
confusingly similar :: adj. in the law of trademarks, when a trademark, l ... a of the other. See also: trademark
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate
class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
clear and present danger :: n. the doctrine established in an opinion written ... together of a lynch mob (assembly).
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
civil liberties :: n. rights or freedoms given to the people by the F ... nment. See also: civil civil rights
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citizen :: n. person who by place of birth, nationality of on ... look this duality of nationalities.
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report
commission :: n. 1) a fee paid based on a percentage of the sale ... on or the Federal Trade Commission.
commercial law :: n. all the law which applies to the rights, relati ... . See also: Uniform Commercial Code
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
community property :: n. property and profits received by a husband and ... and distribution separate property
common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation
comment :: n. a statement made by a judge or an attorney duri ... e rung, cannot be unrung," applies.
collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent
Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states.
code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute
codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
collusion :: n. where two persons (or business entities through ... seball team owners. See also: fraud
contingent :: adj. possible, but not certain. See also: continge ... contingent fee contingent interest
contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest
de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation
de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure
de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis.
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
deceit :: n. dishonesty, fraudulent conduct, false statement ... . See also: fraud misrepresentation
deceased :: 1) adj. dead. 2) n. the person who has died, as us ... ore genteel word is the "decedent."
date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
cumulative sentence :: n. when a criminal defendant has been found guilty ... in a five-year term in the example.
culpable :: adj. sufficiently responsible for criminal acts or ... ons and thus should take the blame.
curtesy :: n. in old common law, the right of a surviving hus ... ommunity property dower life estate
cy pres doctrine :: n. (see-pray doctrine) from French, meaning "as cl ... ey among several S.P.C.A. chapters.
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
deception :: n. the act of misleading another through intention ... ent actions. See also: deceit fraud
declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander
defective :: adj. not being capable of fulfilling its function, ... t. See also: defect defective title
defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective
deleterious :: adj. harmful. ... adj. harmful.
deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
deduction :: n. an expenditure which an income tax payer may su ... dded together, reduce the tax owed.
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
declaration :: n. 1) any statement made, particularly in writing. ... blic. See also: affidavit declarant
decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment
decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources.
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
corporation :: n. an organization formed with state governmental ... ation public corporation securities
coroner :: n. a county official with the responsibility to de ... hology. See also: forensic medicine
corroborate :: v. to confirm and sometimes add substantiating (re ... l. See also: corroborating evidence
corroborating evidence :: n. evidence which strengthens, adds to, or confirm ... confirms already existing evidence.
counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer
counsel :: 1) n. a lawyer, attorney, attorney-at-law, counsel ... self is a crime. See also: attorney
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain
contra :: adj. Latin for "against" or "opposite to". This us ... he rule stated in Keeler v. Beach."
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
controversy :: n. 1) disagreement, argument or quarrel. 2) a disp ... pinions. See also: advisory opinion
controlled substance :: n. a drug which has been declared by federal or st ... those who have used the substances.
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
counterfeit :: 1) adj. describing a document, particularly money, ... d for real. See also: forgery utter
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
crime against nature :: n. an oldfashioned term for sodomy (anal sexual in ... states. See also: bestiality sodomy
criminal :: 1) n. a popular term for anyone who has committed ... so: convict felon habitual criminal
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
criminal justice :: n. a generic term for the procedure by which crimi ... endered and punishment carried out.
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
court of equity :: n. originally in English common law and in several ... also: chancery court of law equity
course of employment :: adj. actively involved in a person's employment at ... Acts. See also: scope of employment
course :: n. in the midst of or actively involved in at that ... se of employment, course of trade."
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
cestui que use :: (pronounced ses-tee kay use or setty kay use) n. a ... beneficiary cestui que trust trust
American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522.
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
American Depository Receipt :: n. called in the banking trade an ADR, it is a rec ... ding the foreign shares themselves.
amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil
aggravated assault :: n. the crime of physically attacking another perso ... in state prison. See also: assault
age discrimination :: n. an employer's unfair treatment of a current or ... men. See also: wrongful termination
aleatory :: adj. uncertain; usually applied to insurance contr ... ire damage to his insured building.
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint
aliquot :: (al-ee-kwoh) adj. a definite fractional share, us ... trust assets. See also: share
and :: conj. this little word is important in law, partic ... ds "or," but not if it reads "and."
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
argumentative :: adj. the characterization of a question asked by t ... oody glove just walked over there?"
arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs.
arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract
arraign :: v. to bring a criminal defendant before the court, ... d. See also: appearance arraignment
as is :: adj. description of a condition in a sales contrac ... es to cancel the "as is" provision.
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arbitrary :: adj. not supported by fair or substantial cause or ... d in reference to a judge's ruling.
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appreciation :: n. the increase in value through the natural cours ... or additions. See also: appreciate
appurtenant :: adj. pertaining to something that attaches. In rea ... t. See also: easement real property
affix :: v. 1) to attach something to real estate in a perm ... al, as affix a signature or a seal.
affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws.
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
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).
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
accretion :: n. 1) in real estate, the increase of the actual l ... cted event. See also: probate trust
accounts receivable :: n. the amounts of money due or owed to a business ... sidering the chances of collection.
abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit
accommodation :: n. 1) a favor done without compensation (pay or co ... ke a deal work. See also: guarantor
accord and satisfaction :: n. an agreement to accept less than is legally due ... h" practicality. See also: novation
assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress.
asset :: n. generally any item of property that has monetar ... ill and rights to market a product.
bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors.
building and loan :: n. another name for savings and loan association. ... payment. See also: savings and loan
burden :: n. anything that results in a restrictive load upo ... perty to reach his home (easement).
business invitee :: n. a person entering commercial premises for the p ... to the contrary. See also: invitee
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
bylaws :: n. the written rules for conduct of a corporation, ... d/or amended. See also: corporation
bribery :: n. the crime of giving or taking money or some oth ... s which are against company policy.
breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty
bona fide :: adj. Latin for "good faith," it signifies honesty, ... t doubt on the right to hold title.
boilerplate :: n., adj. slang for provisions in a contract, form ... favor and/or protect the provider.
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
book value :: n. a determination of the value of a corporation's ... ssets may be under- or over-valued.
breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach
boycott :: n. organized refusal to purchase products or patro ... e laws. See also: secondary boycott
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
casual :: adj. defining something that happens by chance, wi ... ppropriate taxes on the wages paid.
certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip
casualty loss :: n. in taxation, loss due to damage which qualifies ... mage from water seepage or erosion.
careless :: adj., adv. 1) negligent. 2) the opposite of carefu ... See also: care negligence negligent
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capricious :: adv., adj. unpredictable and subject to whim, ofte ... a judge is inconsistent or erratic.
blue sky laws :: n. laws intended to protect the public from purcha ... e sky." See also: corporation stock
binder :: n. a written statement of the key terms of an agre ... rance coverage. See also: insurance
authority :: n. permission, a right coupled with the power to d ... rize ostensible authority principal
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
award :: 1) n. the decision of an arbitrator or commissione ... warded $27,000." See also: judgment
Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor
bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit.
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
assume :: v. to take over the liability for a debt on a prom ... he assumption. See also: assumption
attached :: adj. 1) referring to two buildings which are conne ... o: attachment fixture trade fixture
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt
bequest :: n. the gift of personal property under the terms o ... e been made). See also: legacy will
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
beneficiary :: n. a broad definition for any person or entity (li ... beneficiary third-party beneficiary
bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys.
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
barrister :: n. in the United States a fancy name for a lawyer ... ome barristers. See also: solicitor
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
deliberate :: 1) adj. (dee-lib-er-et) done with care and intenti ... any group including a legislature.
delinquent :: 1) adj. not paid in full amount or on time. 2) n. ... the law as in juvenile delinquent.
in forma pauperis :: (in form-ah paw-purr-iss) adj. or adv. Latin for " ... poor defendants who have been sued.
in fee simple :: adj. referring to holding clear title to real prop ... property. See also: fee fee simple
in haec verba :: (in hike verb-ah)prep. Latin for "in these words," ... ading. See also: complaint pleading
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
in loco parentis :: prep. (in loh-coh pah-rent-iss) Latin for "instead ... 5, if and when he needs legal help.
in lieu :: prep. instead. "In lieu taxes" are use taxes paid ... go through the foreclosure process.
in extremis :: (in ex-tree-miss) adj. from Latin, facing imminent ... from Latin, facing imminent death.
in chambers :: adj. referring to discussions or hearings held in ... ed "in camera." See also: in camera
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
in camera :: adj. or adv. phrase. Latin for "in chambers." This ... he courtroom. See also: in chambers
in absentia :: (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for ... tin Bormann, Hitler's closest aide.
in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved.
in perpetuity :: adj. forever, as in one's right to keep the profit ... rofits from the land in perpetuity.
inchoate :: adj. or adv. referring to something which has begu ... ract which has not been formalized.
incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent
incompatible :: adj. 1) inconsistent. 2) unmatching. 3) unable to ... ch other. See also: incompatibility
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child.
in toto :: (in toe-toe)adj. Latin for "completely" or "in tot ... r "the case was dismissed in toto."
in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest
in pro per :: adj. short for in propria persona. See also: in pr ... rsona. See also: in propria persona
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
in re :: prep. short for "in regard to" or concerning. Ofte ... e Adoption of Marcus McGillicuddy."
in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
half blood :: 1) adj. sharing one parent only. 2) n. a half brot ... icularly Native American and white.
habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant
harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
grandfathered in :: adj. refers to continued allowed use of property a ... or zoning ordinances were adopted.
gratuitous :: adj. or adv. voluntary or free. ... adj. or adv. voluntary or free.
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages
hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule
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
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial
illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide
hometowned :: adv. legalese for a lawyer or client suffering dis ... orneys over those from out of town.
highway :: n. any public street, road, turnpike or canal whic ... rivilege and not an absolute right.
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
holder in due course :: n. one holding a check or promissory note, receive ... note. See also: bona fide purchaser
holdover tenancy :: n. the situation when a tenant of real estate cont ... to a lawsuit for unlawful detainer.
incorporeal :: adj. referring to a thing which is not physical, s ... his is distinguished from tangible.
incriminate :: v. to make a statement in which one admits that he ... d to information which would be so.
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
Jane Doe :: n. 1) a fictitious name used for a possible female ... lso: fictitious defendants John Doe
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
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
intestate :: adj. referring to a situation where a person dies ... lso: intestacy intestate succession
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
invest :: v. to put money into a business or buy property or ... mplete gamble. See also: investment
involuntary :: adj. or adv. without intent, will or choice. Parti ... l result in dismissal or acquittal.
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage
judicial :: adj., adv. 1) referring to a judge, court or the c ... court or the court system. 2) fair.
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public
juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire
Juris Doctor :: (J.D.) n. the law degree granted upon graduation b ... tles a person to a graduate degree.
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 creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership
Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree
intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading
insertion :: n. the addition of language at a place within an e ... t unless initialled by all parties.
infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark
infra :: prep. Latin for "below," this is legal shorthand t ... e document. See also: citation cite
indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy.
indefeasible :: adj. cannot be altered or voided, usually in refer ... ce to an interest in real property.
inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration
interlocutory :: adj. provisional and not intended to be final. Thi ... ary. See also: interlocutory decree
interlineation :: n. the act of writing between the lines of a docum ... document re-typed and then signed.
interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time.
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits
interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
instruction :: n. an explanation of the law governing a case whic ... fore the jury begins deliberations.
integration :: n. 1) adopting a writing as part of an agreement, ... , as well as racial mix in schools.
inter alia :: (in-tur eh-lee-ah) prep. Latin for "among other th ... ime to file the action had passed."
inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars.
endorsement :: (indorsement)n. 1) the act of the owner or payee s ... te. See also: negotiable instrument
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
endowment :: n. the creation of a fund, often by gift or beques ... college, university or scholarship.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc?
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
dying declaration :: n. the statement of a mortally injured person who ... as no reason not to tell the truth.
due, owing and unpaid :: adj. See also: due ... adj. See also: due
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution.
election under the will :: n. in those states which have statutes which give ... arries) left to her under his will.
equitable :: adj. 1) just, based on fairness and not legal tech ... es or give relief. See also: equity
equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel
et ux. :: (et uhks) n. abbreviation for the Latin words et u ... ression a chauvinistic anachronism.
et seq. :: (et seek) n. abbreviation for the Latin phrase et ... Vehicle Code Section 1204, et seq."
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
ex delicto :: (ex dee-lick-toe)adj. Latin for a reference to som ... ns which were civil wrongs (torts).
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax.
equivalent :: : n., adj. equal in value, force or meaning. ... . equal in value, force or meaning.
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
erroneous :: adj. 1) in error, wrong. 2) not according to estab ... n a legal decision or court ruling.
escalator clause :: n. a provision in a lease or other agreement in wh ... instead of inflation. See also: cap
esquire :: n. a form of address showing that someone is an at ... or barristers, sheriffs and judges.
due and owing :: adj. See also: due ... adj. See also: due
due :: n. and adj. owed as of a specific date. A popular ... ecessarily mean that a debt is due.
desertion :: n. the act of abandoning, particularly leaving one ... tody and other post-marital issues.
dereliction :: n. 1) abandoning possession, which is sometimes us ... is building up). See also: derelict
determinable :: adj. defining something which may be terminated up ... es or no longer lives in the house.
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule
discharge in bankruptcy :: n. an order given by the bankruptcy judge, at the ... red creditors. See also: bankruptcy
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
depreciation reserve :: n. a business fund in which the probable replaceme ... s obsolete and totally depreciated.
depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated).
demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note
delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale
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
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available.
disclaimer :: n. 1) denial or renunciation by someone of his/her ... ssolving a partnership or business.
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
documentary evidence :: n. any document (paper) which is presented and all ... evancy. See also: document evidence
donation :: n. gift. If made to a qualified non-profit charita ... ribution in calculating income tax.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce".
draft :: 1) n. a bill of exchange or check in which one par ... s. See also: bill of exchange check
DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission.
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages
distress :: 1) n. the self-help taking of another's possession ... rice due to negative circumstances.
District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure.
divestiture :: n. the court-ordered or voluntary giving up of a p ... nopoly or other restraint of trade.
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
ex rel. :: conj. abbreviation for Latin ex relatione, meaning ... . Archie Johnson v. Hardy Products.
forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture
foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability
fornication :: n. sexual intercourse between a man and woman who ... obbers, murderers and drug dealers.
forthwith :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax.
foster child :: n. a child without parental support and protection ... local government or a state agency.
forensic :: 1) adj. from Latin forensis for "belonging to the ... in legal matters, including trials.
forbearance :: n. an intentional delay in collecting a debt or de ... the debtor to pay an added amount.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
final decree :: n. another name for a final judgment. In states wh ... together). See also: final judgment
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
FOB :: 1) adj. short for free on board, meaning shipped t ... cost. 2) Friend of Bill (Clinton).
fixture :: n. a piece of equipment which has been attached to ... ary repair. See also: trade fixture
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax.
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
good faith :: n. honest intent to act without taking an unfair a ... plied to all kinds of transactions.
gift tax :: n. federal tax on large gifts. Gifts to members of ... ance in gift tax planning is vital.
fugitive from justice :: n. a person convicted or accused of a crime who hi ... extradition. See also: extradition
fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning
free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it.
fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail.
free on board (FOB) :: adj. referring to purchased goods shipped without ... ns to somewhere else. See also: FOB
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
executory :: adj. something not yet performed or done. Examples ... een distributed to the beneficiary.
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
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.
executed :: 1) adj. to have been completed. (Example: "it is a ... a death sentence. See also: execute
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
exchange :: 1) v. to trade or barter property, goods and/or se ... ins tax. See also: delayed exchange
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
exculpatory :: adj. applied to evidence which may justify or excu ... t guilty or has no criminal intent.
express :: adj. direct, unambiguous, distinct language, parti ... plication to determine the meaning.
extrajudicial :: adj. referring to actions outside the judicial (co ... gnized by the judge during a trial.
fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
fee tail :: n. an old feudal expression for a title to real pr ... rest only. See also: fee fee simple
felonious :: adj. referring to an act done with criminal intent ... is an attack meant to do real harm.
fertile octogenarian :: n. an unrealistic notion that any person (male or ... e passed laws to cure this anomaly.
felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate
failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire