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Dictionary of Law |
Founded: 2329 in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages. will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title ready, willing and able :: adj. fully prepared to act, as in performing a con ... o act, as in performing a contract. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. will :: n. a written document which leaves the estate of t ... will and testament probate testator omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will. enabling clause :: n. a provision in a new statute which empowers a p ... ect, including making expenditures. intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing incompatible :: adj. 1) inconsistent. 2) unmatching. 3) unable to ... ch other. See also: incompatibility incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock indemnity :: n. the act of making someone "whole" (give equal t ... or will occur. See also: indemnify injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider instrument :: n. 1) a written legal document such as a contract, ... in an assault (a blunt instrument). insured :: n. 1) the person or entity who will be compensated ... s go to others. See also: insurance inter vivos :: (in-tur veye-vohs) adj. Latin for "among the livin ... e will. See also: inter vivos trust intent :: n. mental desire and will to act in a particular w ... ess homicide or other lesser crime. insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity inheritance :: n. whatever one receives upon the death of a relat ... intestacy intestate succession will inherit :: v. to receive all or a portion of the estate of an ... intestacy intestate succession will injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved. inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence infra :: prep. Latin for "below," this is legal shorthand t ... e document. See also: citation cite goodwill :: n. the benefit of a business having a good reputat ... an unknowing buyer. See also: sale contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. contingent beneficiary :: n. a person or entity named to receive a gift unde ... lso: contingent contingent interest contingent remainder :: n. an interest, particularly in real estate proper ... contingent interest future interest continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays. criminal attorney :: n. a popular term for an attorney who specializes ... . See also: crime felon misdemeanor controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. compounding a felony :: n. when a person injured by a felony (being shot, ... n most jurisdictions it is a crime. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings 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 cy pres doctrine :: n. (see-pray doctrine) from French, meaning "as cl ... ey among several S.P.C.A. chapters. de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust gross income :: n. in calculating income tax, the income of an ind ... in net income. See also: income tax implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied holographic will :: n. a will entirely handwritten, dated and signed b ... lost in the desert. See also: will extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate executory interest :: n. an interest in property (particularly real esta ... or never, if certain events occur. disposing mind and memory :: n. the mental ability to understand in general wha ... ng a will. See also: competent will degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness escalator clause :: n. a provision in a lease or other agreement in wh ... instead of inflation. See also: cap in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will involuntary :: adj. or adv. without intent, will or choice. Parti ... l result in dismissal or acquittal. rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. running at large :: adj. 1) referring to cattle or other animals which ... om an entire city, county or state. self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use public administrator :: n. a county official with the responsibility to ha ... ian is available. See also: probate prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). public domain :: n. 1) in copyright law, the right of anyone to use ... al governments. See also: copyright real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. remainderman :: n. the person who will receive a remainder in real ... real property. See also: remainder remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate spendthrift clause :: n. a provision in a trust or will that states that ... tly to Junior. See also: trust will undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest tontine :: n. a rare agreement among several persons who agre ... e the remaining assets and profits. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy springing interest :: n. a future right to title to real property create ... lso: future interest interest title spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction sum certain :: n. a specific amount stated in a contract or negot ... r redecoration of Williams' house." sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits intestate :: adj. referring to a situation where a person dies ... lso: intestacy intestate succession intestate succession :: n. the distribution when a person dies without lea ... sion. See also: intestacy intestate invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain mutual wills :: n. wills made by two people (usually spouses, but ... r the other person making the will. next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning interlineation :: n. the act of writing between the lines of a docum ... document re-typed and then signed. joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce acceleration clause :: n. a provision in a contract or promissory note th ... . See also: acceleration assumption administer :: v. 1) to conduct the duties of a job or position. ... lso: administrator executor probate administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing ancillary administration :: n. administration of an estate's assets in another ... or "subordinate." See also: probate amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer income tax :: n. a tax on an individual's net income, after dedu ... al government. See also: income tax incriminate :: v. to make a statement in which one admits that he ... d to information which would be so. indecent exposure :: n. the crime of displaying one's genitalia to one ... d give the exposer a sexual charge. income :: n. money, goods or other economic benefit received ... ernment and most state governments. inchoate :: adj. or adv. referring to something which has begu ... ract which has not been formalized. incidental beneficiary :: n. someone who obtains a benefit as the result of ... parent. See also: beneficiary trust incompatibility :: n. the state of a marriage in which the spouses no ... mpatible irreconcilable differences incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. incorporeal :: adj. referring to a thing which is not physical, s ... his is distinguished from tangible. incorporation :: n. the act of incorporating an organization. See a ... . See also: corporation incorporate incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child. incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses. incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection incorporate by reference :: v. to include language from another document or el ... uses of Action hereinabove stated." in toto :: (in toe-toe)adj. Latin for "completely" or "in tot ... r "the case was dismissed in toto." in fee simple :: adj. referring to holding clear title to real prop ... property. See also: fee fee simple in forma pauperis :: (in form-ah paw-purr-iss) adj. or adv. Latin for " ... poor defendants who have been sued. in haec verba :: (in hike verb-ah)prep. Latin for "in these words," ... ading. See also: complaint pleading 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 impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire in absentia :: (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for ... tin Bormann, Hitler's closest aide. in camera :: adj. or adv. phrase. Latin for "in chambers." This ... he courtroom. See also: in chambers in lieu :: prep. instead. "In lieu taxes" are use taxes paid ... go through the foreclosure process. in limine :: (in lim-in-ay) from Latin for "at the threshold," ... otion. See also: motion to suppress 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 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 loco parentis :: prep. (in loh-coh pah-rent-iss) Latin for "instead ... 5, if and when he needs legal help. in perpetuity :: adj. forever, as in one's right to keep the profit ... rofits from the land in perpetuity. indefeasible :: adj. cannot be altered or voided, usually in refer ... ce to an interest in real property. independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee instruction :: n. an explanation of the law governing a case whic ... fore the jury begins deliberations. insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding adverse interest :: n. a right or concern that is contrary to the inte ... o the interest or claim of another. installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial insertion :: n. the addition of language at a place within an e ... t unless initialled by all parties. advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit insurer :: n. an insurance company which agrees to pay someon ... lled a premium. See also: insurance intangible property :: n. items such as stock in a company which represen ... t are not actual, tangible objects. interim order :: n. a temporary order of the court pending a hearin ... erlocutory decree restraining order interlocutory :: adj. provisional and not intended to be final. Thi ... ary. See also: interlocutory decree interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing inter se :: (in-tur say)prep. Latin for "among themselves," me ... or only to the trustees as a group. 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." insanity defense :: n. the claim of a defendant in a criminal prosecut ... e also: insanity temporary insanity innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority indicia :: n. (in-dish-yah) from Latin for "signs," circumsta ... . See also: circumstantial evidence indeterminate sentence :: n. the prison term imposed after conviction for a ... w in the future. See also: sentence indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. holding company :: n. a company, usually a corporation, which is crea ... gement and policies of all of them. inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing ingress :: 1) n. entrance. 2) n. the right to enter. 3) v. th ... property. See also: easement egress innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark age discrimination :: n. an employer's unfair treatment of a current or ... men. See also: wrongful termination 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 indemnify :: v. to guarantee against any loss which another mig ... r harmless. See also: hold harmless holder in due course :: n. one holding a check or promissory note, receive ... note. See also: bona fide purchaser 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 diminution in value :: n. in the event of a breach of contract, the decre ... actly as specified in the contract. delinquent :: 1) adj. not paid in full amount or on time. 2) n. ... the law as in juvenile delinquent. decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources. deceased :: 1) adj. dead. 2) n. the person who has died, as us ... ore genteel word is the "decedent." declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness discharge in bankruptcy :: n. an order given by the bankruptcy judge, at the ... red creditors. See also: bankruptcy disturbing the peace :: n. upsetting the quiet and good order particularly ... able by fine or brief term in jail. doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state. dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will distinguish :: v. to argue that the rule in one appeals court dec ... arity (i.e. it is "distinguished"). discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights disinheritance :: n. the act of disinheriting. See also: disinherit ... disinheriting. See also: disinherit debtor in possession :: n. in bankruptcy proceedings when a debtor has fil ... n possession." See also: bankruptcy day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." contingent :: adj. possible, but not certain. See also: continge ... contingent fee contingent interest continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection cooperative housing :: n. an arrangement in which an association or corpo ... common area condominium cooperative confusingly similar :: adj. in the law of trademarks, when a trademark, l ... a of the other. See also: trademark conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. compound interest :: n. payment of interest upon principal and previous ... See also: interest promissory note condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area corroborating evidence :: n. evidence which strengthens, adds to, or confirm ... confirms already existing evidence. crime against nature :: n. an oldfashioned term for sodomy (anal sexual in ... states. See also: bestiality sodomy cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness cumulative voting :: n. in corporations, a system of voting by sharehol ... eholders with 1,001 or more shares. criminal law :: n. those statutes dealing with crimes against the ... See also: crime felony misdemeanor criminal justice :: n. a generic term for the procedure by which crimi ... endered and punishment carried out. criminal :: 1) n. a popular term for anyone who has committed ... so: convict felon habitual criminal criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence dominant tenement :: n. See also: dominant estate ... n. See also: dominant estate donative intent :: n. conscious desire to make a gift, as distinguish ... thing by mistake or under pressure. finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law findings of fact :: n. See also: finding ... n. See also: finding forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree fighting words :: n. words intentionally directed toward another per ... he basis for a lawsuit for assault. final decree :: n. another name for a final judgment. In states wh ... together). See also: final judgment four corners of an instrument :: n. the term for studying an entire document to und ... solve an ambiguity in its language. fungible things :: n. sometimes merely called "fungibles," goods whic ... are securities which are identical. habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions. hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. grandfathered in :: adj. refers to continued allowed use of property a ... or zoning ordinances were adopted. future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax. felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. endorse (indorse) :: v. 1) to sign one's name to the back of a check, b ... or candidate. See also: endorsement alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). escape clause :: n. a provision in a contract which allows one of t ... ligation if a certain event occurs. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". dying declaration :: n. the statement of a mortally injured person who ... as no reason not to tell the truth. escrow instructions :: n. the written instructions by buyer and seller of ... ir agents. See also: closing escrow estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact extinguishment :: n. the cancellation or destruction of a right, qui ... urther money or performance is due. extenuating circumstances :: n. surrounding factors (sometimes called mitigatio ... See also: mitigating circumstances exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title. executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will holding :: 1) n. any ruling or decision of a court. 2) n. any ... 4) v. keeping in one's possession. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery resisting arrest :: n. the crime of using physical force (no matter ho ... referred to merely as "resisting." restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission rehearing :: n. conducting a hearing again based on the motion ... the judge or agency was just wrong. replevin :: n. under common law, the right to bring a lawsuit ... se of action" for all civil wrongs. revenue ruling :: n. a published opinion of the Internal Revenue Ser ... evenue ruling. See also: income tax savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. self-executing :: adj. immediately effective without further action, ... party the right to try to collect. self-incrimination :: n. making statements or producing evidence which t ... nda warning rights taking the Fifth setting :: n. the action of a court, clerk or commissioner in ... g a trial or hearing. See also: set self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act. seisin :: (sees-in) n. an old feudal term for having both po ... perty). See also: fee simple seized scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. recording acts :: n. the statutes of each state which established th ... ecorders of Deeds. See also: record reckless driving :: n. operation of an automobile in a dangerous manne ... it. See also: reckless wet reckless price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition. principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior principal place of business :: n. location of head office of a business where the ... business to the Secretary of State. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings." Racketeer Influenced Corrupt Organization (RICO) statue :: n. a federal law which makes it a crime for organi ... s to operate legitimate businesses. racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia"). real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit. 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 trust doctrine :: n. the principle that the government holds title t ... interest has been dubious at best. puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud shareholders' meeting :: n. a meeting, usually annual, of all shareholders ... ctors corporation proxy shareholder shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case Truth in Lending Act :: n. a federal statute which requires a commercial l ... erms and cancel the loan agreement. Twinkie defense :: n. a claim by a criminal defendant that at the tim ... rder. See also: diminished capacity under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated trustee in bankruptcy :: n. a person appointed by a bankruptcy court to sup ... f the debtors. See also: bankruptcy trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. zoning :: n. a system of developing a city or county plan in ... îâñêîé ãàðàíòèè . |