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Dictionary of Law |
Founded: 2055 probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire certificate of deposit (CD) :: n. a document issued by a bank in return for a dep ... D before the pledged time runs out. cause :: from Latin causa 1) v. to make something happen. 2 ... so: cause of action proximate cause acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause ex officio :: a (ex oh-fish-ee-oh)dj. Latin for "from the office ... ne is president of the corporation. preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax service of process :: n. the delivery of copies of legal documents such ... by publication substituted service show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage bill of exchange :: n. a writing by a party (maker or drawer) ordering ... awn on a bank account is a "check." bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution. counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration court of equity :: n. originally in English common law and in several ... also: chancery court of law equity time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery. cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done. course of employment :: adj. actively involved in a person's employment at ... Acts. See also: scope of employment restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court return of service :: n. written confirmation under oath by a process se ... ee also: service service of process seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud certificate of incorporation :: n. document which some states issue to prove a cor ... the articles are sufficient proof. breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach breach of trust :: n. 1) any act which is in violation of the duties ... ise or confidence. See also: breach breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). bill of sale :: n. a written statement attesting to the transfer ( ... ther provisions. See also: contract color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment 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 offense :: n. a crime or punishable violation of law of any t ... type or magnitude. See also: crime offer :: n. a specific proposal to enter into an agreement ... es the contract. See also: contract official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal. offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror). offeror :: n. a person or entity who makes a specific proposa ... t. See also: contract offer offeree next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. letter of credit :: n. a document issued by a bank guaranteeing to pro ... ong-distance business transactions. letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence. loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments. professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption principal place of business :: n. location of head office of a business where the ... business to the Secretary of State. power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption proffer :: v. to offer evidence in a trial. ... v. to offer evidence in a trial. proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer. fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. ordinary course of business :: n. conduct of business within normal commercial cu ... rmal commercial customs and usages. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer four corners of an instrument :: n. the term for studying an entire document to und ... solve an ambiguity in its language. frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable. words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation. writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:." alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states. admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation abstract of title :: n. the written report on a title search which show ... e also: chain of title title report assignment for benefit of creditors :: n. a method used for a debtor to work out a paymen ... ar basis to pay the debtor's bills. youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause peeping tom :: n. a person who stealthily peeks into windows, hol ... n the basis of invasion of privacy. incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law process :: n. in law, the legal means by which a person is re ... service of process subpena summons service :: n. 1) paid work by another person, either by contr ... ersonal services service of process access :: n. 1) in real estate the right and ability to get ... See also: DNA egress paternity suit ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets. incorporate by reference :: v. to include language from another document or el ... uses of Action hereinabove stated." consequential damages :: n. damages claimed and/or awarded in a lawsuit whi ... See also: damages foreseeable risk findings of fact :: n. See also: finding ... n. See also: finding securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty age of consent :: n. See also: legal age majority ... n. See also: legal age majority evasion of tax :: n. the intentional attempt to avoid paying taxes t ... rs. See also: estate tax income tax failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants. concealment :: n. fraudulent failure to reveal information which ... lawsuit for fraud. See also: fraud in camera :: adj. or adv. phrase. Latin for "in chambers." This ... he courtroom. See also: in chambers impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability breach of the peace :: n. any act which disturbs the public or even one p ... g inappropriately. See also: breach contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract conservatee :: n. a person whom a court has determined because of ... and the like. See also: conservator enclosure :: (inclosure)n. land bounded by a fence, wall, hedge ... oundaries and cause legal problems. necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate stay of execution :: n. a court-ordered delay in inflicting the death p ... g the death penalty. See also: stay negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime. interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. professional negligence :: n. See also: malpractice ... n. See also: malpractice injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor law of the land :: n. a slang term for existing laws. ... n. a slang term for existing laws. running at large :: adj. 1) referring to cattle or other animals which ... om an entire city, county or state. service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count arbitrary :: adj. not supported by fair or substantial cause or ... d in reference to a judge's ruling. private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note indicia :: n. (in-dish-yah) from Latin for "signs," circumsta ... . See also: circumstantial evidence vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability depreciation reserve :: n. a business fund in which the probable replaceme ... s obsolete and totally depreciated. forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic deportation :: n. the act of expelling a foreigner from a country ... s usually to the country of origin. perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities. permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability depletion :: n. when a natural resource (particularly oil) is b ... nger be able to make money from it. whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption fornication :: n. sexual intercourse between a man and woman who ... obbers, murderers and drug dealers. prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing Queen's Bench :: n. 1) the highest court in Great Britain during th ... include close to 50 percent women. quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed. agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority domestic violence :: n. the continuing crime and problem of the physica ... ravated assault assault and battery extinguishment :: n. the cancellation or destruction of a right, qui ... urther money or performance is due. dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict fighting words :: n. words intentionally directed toward another per ... he basis for a lawsuit for assault. plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective dram shop rule :: n. a statute (Dram Shop Act) or case law in 38 sta ... tervening cause, namely, the drunk. adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer count :: n. each separate statement in a complaint which st ... also: cause of action common counts unlawful assembly :: n. the act of assembling for the purpose of starti ... gton and Chicago in the late 1960s. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer property damage :: n. injury to real or personal property through ano ... l value. See also: damages property vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction post mortem :: n. Latin for "after death," an examination of a de ... alled an autopsy. See also: coroner contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. coroner :: n. a county official with the responsibility to de ... hology. See also: forensic medicine exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress dying declaration :: n. the statement of a mortally injured person who ... as no reason not to tell the truth. deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon replevin :: n. under common law, the right to bring a lawsuit ... se of action" for all civil wrongs. damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages debt :: n. 1) a sum of money due to another. 2) obligation ... mount owed. See also: common counts removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment. remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause goodwill :: n. the benefit of a business having a good reputat ... an unknowing buyer. See also: sale Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items. 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 casualty :: n. 1) an accident which could not have been forese ... definition. See also: casualty loss casualty loss :: n. in taxation, loss due to damage which qualifies ... mage from water seepage or erosion. joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent mayhem :: 1) n. the criminal act of disabling, disfiguring o ... so: aggravated assault assault maim lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:." justiciable :: n. referring to a matter which is capable of being ... e of action" or "justiciable case." cease and desist order :: n. an order of a court or government agency to a p ... ing which would damage the ecology. last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor business invitee :: n. a person entering commercial premises for the p ... to the contrary. See also: invitee malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander attorney's advertising :: n. the commercials which appear on television or c ... es to handle high volume practices. jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages boycott :: n. organized refusal to purchase products or patro ... e laws. See also: secondary boycott summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence summons :: n. a document issued by the court at the time a la ... use service service of process writ circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite modification :: n. a change in an existing court order or judgment ... terms of child support and custody. irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. surcharge :: n. an additional charge of money made because it w ... for being late in making a payment. invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate picketing :: n. standing or parading near a business or governm ... es or threats to the public safety. piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured. plagiarism :: n. taking the writings or literary concepts (a plo ... d. See also: copyright infringement pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband. personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege pilferage :: n. a crime of theft of little things, usually from ... ipments or baggage. See also: theft patent ambiguity :: n. an obvious inconsistency in the language of a w ... the language of a written document. pimp :: n. a person who procures a prostitute for customer ... also: pander panderer prostitution payable :: 1) adj. referring to a debt which is due. A debt m ... liabilities (debts) of a business. pawn :: v. to pledge an item of personal property as secur ... nsed by the state. See also: pledge paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement. patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent pink slip :: n. 1) slang for official automobile registration c ... being fired or laid off from a job. personal effects :: n. things which include clothes, cosmetics and ite ... e, Susannah"). See also: personalty patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending patent pending :: n. often abbreviated to "pat. pend." or "pat. pend ... yet been granted. See also: patent payment in due course :: n. the giving of funds to the holder of a promisso ... nds. See also: holder in due course mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate payable on demand :: adj. a debt on a promissory note or bill of exchan ... e (party to whom the debt is owed). payment in full :: n. the giving of all funds due to another. This la ... ee accepts the payment as complete. permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job. plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. market value :: n. the price which a seller of property would rece ... ich are often called "comparables." perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection penitentiary :: n. a state or federal prison in which convicts are ... mission of major crimes (felonies). per stirpes :: (purr stir-peas) adj. Latin for "by roots," by rep ... descent and distribution trust will per capita :: adj. Latin for "by head," meaning to be determined ... ivided equally among those persons. per diem :: adj. or n. Latin for "per day," it is short for pa ... or fees of an employee or an agent. per curiam :: adj. Latin for "by the court," defining a decision ... dentified as the specif- ic author. per :: prep. from Latin for "by means of" or simply, "by" ... (by day) or "per capita" (by head). marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property per se :: (purr say) adj. Latin for "by itself," meaning inh ... e statement. See also: libel per se marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty marital rights :: n. an old-fashioned expression for the rights of a ... also: consortium loss of consortium Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers. permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards. permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license manifest :: 1) adj., adv. completely obvious or evident. 2) n. ... ritten list of goods in a shipment. person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract. peculation :: n. misappropriation of public (government) funds o ... roperty. See also: misappropriation peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers perform :: v. 1) to fulfill one's obligations under a contrac ... court order. See also: performance performance :: n. fulfillment of one's obligations required by co ... nce. See also: specific performance marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust pedophilia :: n. an obsession with children as sex objects. Over ... also: molestation pornography rape perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order pledge :: v. to deposit personal property as security for a ... ise to do something. See also: pawn presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note prescriptive easement :: n. an easement upon another's real property acquir ... on. See also: easement prescription prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive loiter :: v. to linger or hang around in a public place or b ... kenness or being a public nuisance. waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. prerogative writ :: n. an historic generic term for any writ (court or ... ls or another court. See also: writ wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained. pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant preferred stock :: n. a class of shares of stock in a corporation whi ... on stock corporation dividend stock preferred dividend :: n. a payment of a corporation's profits to holders ... of stock. See also: preferred stock preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction pro bono :: adj. short for pro bono publico, Latin for "for th ... cation organizations and charities. prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse. premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs." private carrier :: n. one who provides transportation or delivery of ... also: common carrier guest statute literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement liquidate :: v. to sell the assets of a business, paying bills ... other investors. See also: wind up private parts :: n. men's or women's genitalia, excluding a woman's ... duction and/or sale of pornography. prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone). price fixing :: n. a criminal violation of federal antitrust statu ... stributors to beat the competition. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. 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 prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning voting trust :: n. a trust which solicits vote proxies of sharehol ... ation proxy shareholder stockholder principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior primogeniture :: n. from Latin for "first born," the ancient rule f ... oes not exist in the United States. preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy preemptive right :: n. the right of a shareholder in a corporation to ... also: corporation shareholder stock possess :: v. to own, have title to, occupy, physically hold ... ng the estate. See also: possession posse comitatus :: (pahs-see coh-mitt-tah-tus) n. from Latin for "pos ... group is called a posse for short. pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes. passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts. pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis." lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." precatory :: adj. referring to a wish or advisory suggestion wh ... lutely prevent her from selling it. preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. predecease :: v. to die before someone else, as "if my brother, ... estate I give to his son, Eugene." precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail. pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant O.S.C. :: n. short for order to show cause. See also: order ... ause. See also: order to show cause warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict noxious :: adj. harmful to health, often referring to nuisanc ... alth, often referring to nuisances. novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction notorious possession :: n. occupation of real property or holding personal ... e is as if the person is the owner. misadventure :: n. a death due to unintentional accident without a ... me. See also: homicide manslaughter nugatory :: adj. of no force or effect; invalid. Example: a st ... unconstitutional is a nugatory law. mirror wills :: n. the wills of a husband and wife which are ident ... d each names the other as executor. O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment. misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal misrepresentation :: n. the crime of misstating facts to obtain money, ... etenses." See also: false pretenses non-feasance :: n. the failure of an agent (employee) to perform a ... . See also: malfeasance misfeasance not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. misfeasance :: n. management of a business, public office or othe ... n of the law. See also: malfeasance notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice note :: n. a promissory note, a written statement of debt ... the note. See also: promissory note 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 occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. 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. 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 casual :: adj. defining something that happens by chance, wi ... ppropriate taxes on the wages paid. occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment. occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant mining claim :: n. a description by boundaries of real property in ... g within a specific period of time. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography non-discretionary trust :: n. a trust in which the trustee is directed to inv ... ower in the matter. See also: trust non-contiguous :: adj. referring to two or more parcels of real prop ... l property which are not connected. natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person. moot point :: n. 1) a legal question which no court has decided, ... f academic interest. See also: moot moot :: adj. 1) unsettled, open to argument or debatable, ... st. See also: moot court moot point moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict 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 :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant. moratorium :: n. 1) any suspension of activity, particularly vol ... to normal activities and earnings. negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder. non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning mitigating circumstances :: n. in criminal law, conditions or happenings which ... ity heat of passion Twinkie defense no fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce modus operandi :: (mode-us ah-purr-and-ee or ah-purr-and-eye) n. fro ... es to disguise a fraudulent scheme. net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered. next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court 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 privilege :: n. a special benefit, exemption from a duty, or im ... rson, a group or a class of people. zoning :: n. a system of developing a city or county plan in ... îâñêîé ãàðàíòèè . |