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Dictionary of Law |
Founded: 154 guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud statute :: n. a federal or state written law enacted by the C ... and proclamations are not statutes. long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. business invitee :: n. a person entering commercial premises for the p ... to the contrary. See also: invitee invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk. person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party ordinance :: n. a statute enacted by a city or town. ... statute enacted by a city or town. nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment. nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. nugatory :: adj. of no force or effect; invalid. Example: a st ... unconstitutional is a nugatory law. pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. positive law :: n. statutory man-made law, as compared to "natural ... 651). See also: natural law statute plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea mercantile law :: n. that broad area of the law (also called commerc ... tion seller Uniform Commercial Code Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. master and servant :: n. the body of law, including statutes and legal d ... lso: employment respondeat superior maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum may :: v. a choice to act or not, or a promise of a possi ... sion or regulation. See also: shall mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice referendum :: n. the process by which the repeal or approval of ... ter signatures on a petition filed. standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment simultaneous death act :: n. a statute in effect in most states which provid ... See also: descent and distribution speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. unlawful :: adj. referring to any action which is in violation ... on, or established legal precedents Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 Truth in Lending Act :: n. a federal statute which requires a commercial l ... erms and cancel the loan agreement. unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. repeal :: 1) v. to annul an existing law, by passage of a re ... n. the act of annulling a statute. resolution :: n. a determination of policy of a corporation by t ... nactment of statutes or ordinances. loiter :: v. to linger or hang around in a public place or b ... kenness or being a public nuisance. recording acts :: n. the statutes of each state which established th ... ecorders of Deeds. See also: record quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws rational basis :: n. a test of constitutionality of a statute, askin ... imate and constitutional objective. Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust service by FAX :: n. delivery of legal documents required by statute ... ee also: service service of process shall :: v. 1) an imperative command as in "you shall not k ... andatory, depending on the context. self-executing :: adj. immediately effective without further action, ... party the right to try to collect. revival :: n. 1) requesting a court to reinstate the force of ... e of limitations (the time to sue). restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. lemon law :: n. statutes adopted in some states to make it easi ... still trying" to make it run right. constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights construction :: n. the act of a lawyer or court in interpreting an ... tion. See also: strict construction construe :: v. to determine the meaning of the words of a writ ... s normal, widely accepted meanings. conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources. default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment criminal law :: n. those statutes dealing with crimes against the ... See also: crime felony misdemeanor 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 commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy article :: n. a paragraph or section of any writing such as e ... or different sections of a statute. arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation bill :: n. 1) what is commonly called a "check" by which t ... ions, which is falling into disuse. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil code :: n. in many states, the name for the collection of ... negligence lawsuits and practices. code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit bulk sales acts :: n. state laws (spelled out in the Uniform Commerci ... g without paying current creditors. case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property." hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed environmental law :: n. a body of state and federal statutes intended t ... imental effects on the environment. election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. enabling clause :: n. a provision in a new statute which empowers a p ... ect, including making expenditures. felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions. friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. forthwith :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney |