|
|
|
|
Dictionary of Law |
Founded: 472 motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion consent judgment :: n. a judgment issued by a judge based on an agreem ... forceable. See also: consent decree enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments. deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge." judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party judgment by default :: n. See also: default judgment ... n. See also: default judgment declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judge advocate general :: (J.A.G.) n. a military officer who advises the gov ... also: court-martial judge advocate judgment debtor :: n. the losing defendant in a lawsuit who owes the ... winner. See also: judgment creditor judgment debt :: n. the amount of money in a judgment award to the ... ee also: judgment judgment creditor non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. vacate :: v. 1) for a judge to set aside or annul an order o ... of real estate and cease occupancy. error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict en banc :: (on bonk) French for "in the bench," it signifies ... he case and agreed to by the court. motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. decision :: n. judgment, decree or determination of findings o ... (court). See also: decree judgment order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation settle :: v. to resolve a lawsuit without a final court judg ... rior to trial. See also: settlement interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction creditor's rights :: n. the field of law dealing with the legal means a ... also: creditor debt debtor judgment convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor award :: 1) n. the decision of an arbitrator or commissione ... warded $27,000." See also: judgment after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title your honor :: n. the proper way to address a judge in court. ... er way to address a judge in court. collateral estoppel :: n. the situation in which a judgment in one case p ... ng. See also: estoppel res judicata appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." abstract of title :: n. the written report on a title search which show ... e also: chain of title title report actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial adjudication :: n. the act of giving a judicial ruling such as a j ... adjudication. See also: bankruptcy acquittal :: n. what an accused criminal defendant receives if ... se) of not guilty. See also: acquit adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. writ :: n. a written order of a judge requiring specific a ... ntity to whom the writ is directed. class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts. sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process service :: n. 1) paid work by another person, either by contr ... ersonal services service of process sequestration :: n. the act of a judge issuing an order that a jury ... during trial). See also: sequester short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. special master :: n. a person appointed by the court to carry out an ... ting to the judge. See also: master small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. sidebar :: n. 1) physically, an area in front of or next to t ... See also: approach the bench bench show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness res judicata :: : (rayz judy-cot-ah) n. Latin for "the thing has b ... djudicata. See also: res adjudicata sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence surrogate :: n. 1) a person acting on behalf of another or a su ... or probates, estates and adoptions. time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate. supremacy clause :: n. Article VI, section 2 of the U.S. Constitution, ... f involving a constitutional issue. sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted. successive sentences :: n. in criminal law, the imposition of the penalty ... uld be 15 years. See also: sentence suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant final decree :: n. another name for a final judgment. In states wh ... together). See also: final judgment reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal. relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant recover :: v. to receive a money judgment in a lawsuit. ... eive a money judgment in a lawsuit. reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning revival :: n. 1) requesting a court to reinstate the force of ... e of limitations (the time to sue). review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse"). procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records. quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings." security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent self-executing :: adj. immediately effective without further action, ... party the right to try to collect. tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. title search :: n. the examination of county records for the prope ... e escrow lien title title insurance title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest 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 writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice title :: n. 1) ownership of real property or personal prope ... ink slip real property title search timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll sheriff's sale :: n. an auction sale of property held by the sheriff ... so: execution forced sale levy writ sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. stay :: n. a court-ordered short-term delay in judicial pr ... r case. See also: stay of execution Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service three-day notice :: n. a notice to pay delinquent rent or quit (leave ... nd tenant service unlawful detainer supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will. full faith and credit :: n. the provision in Article IV, Section 1 of the U ... "foreign" (out-of-state) judgment. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error. free and clear :: adj. referring to the ownership of real property u ... the title has no claim against it. fraudulent conveyance :: n. the transfer (conveyance) of title to real prop ... the conveyance will probably fail. garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee governmental immunity :: n. the doctrine from English common law that no go ... o: Federal Tort Claims Act immunity homestead :: 1) n. the house and lot of a homeowner which the h ... s in "he homesteaded the property." in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default forced sale :: n. a sale of goods seized by the sheriff to satisf ... ay) a judgment. See also: execution divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support drop dead date :: n. a provision in a contract or a court order whic ... ng property or entering a judgment. default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel extreme cruelty :: n. an archaic requirement to show infliction of ph ... ring the suffering spouse (victim). res adjudicata :: n. a thing (legal matter) already determined by a ... es judicata. See also: res judicata execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent modification :: n. a change in an existing court order or judgment ... terms of child support and custody. movant :: n. the party in a lawsuit or other legal proceedin ... or judgment). See also: motion move misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment. mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering move :: v. to make a motion in court applying for a court ... r judgment. See also: motion movant necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment. nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort 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 joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance. dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss discharge in bankruptcy :: n. an order given by the bankruptcy judge, at the ... red creditors. See also: bankruptcy demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. evidence :: n. every type of proof legally presented at trial ... material object objection relevant esquire :: n. a form of address showing that someone is an at ... or barristers, sheriffs and judges. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction deliberate :: 1) adj. (dee-lib-er-et) done with care and intenti ... any group including a legislature. decide :: v. for a judge, arbitrator, court of appeals or ot ... rding to the law as he/she sees it. court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction court trial :: ("non-jury trial"): a trial with a judge but no ju ... : a trial with a judge but no jury. court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. cy pres doctrine :: n. (see-pray doctrine) from French, meaning "as cl ... ey among several S.P.C.A. chapters. cumulative sentence :: n. when a criminal defendant has been found guilty ... in a five-year term in the example. cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness credible witness :: n. a witness whose testimony is more than likely t ... ther factors. See also: credibility examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hometowned :: adv. legalese for a lawyer or client suffering dis ... orneys over those from out of town. habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial in camera :: adj. or adv. phrase. Latin for "in chambers." This ... he courtroom. See also: in chambers impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:." extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). extrajudicial :: adj. referring to actions outside the judicial (co ... gnized by the judge during a trial. expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge. conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration argumentative :: adj. the characterization of a question asked by t ... oody glove just walked over there?" arbitrary :: adj. not supported by fair or substantial cause or ... d in reference to a judge's ruling. approach the witness :: v. a request by an attorney to the judge for permi ... t, and it is almost always granted. approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. arraignment :: n. the hearing in which a person charged with a cr ... re taken care of. See also: arraign arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance back-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing. articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict accessory :: n. a second-string player who helps in the commiss ... responsible. See also: aid and abet admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. collusive action :: n. a lawsuit brought by parties pretending to be a ... ion collusion controversy precedent circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices. charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. comment :: n. a statement made by a judge or an attorney duri ... e rung, cannot be unrung," applies. commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places. concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling. conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law compromise :: 1) n. an agreement between opposing parties to set ... some demands. See also: settlement comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support chancellor :: n. from the old English legal system, a chancellor ... n the same courts. See also: equity bifurcation :: n. the act of a judge in dividing issues before a ... on the other issue. (See bifurcate bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry. bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire bench warrant :: n. a warrant issued by a judge, often to command s ... appear in court. See also: warrant bench :: n. 1) general term for all judges, as in "the benc ... h court judge sidebar witness stand brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge capricious :: adv., adj. unpredictable and subject to whim, ofte ... a judge is inconsistent or erratic. in chambers :: adj. referring to discussions or hearings held in ... ed "in camera." See also: in camera in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum on file :: prep. having been formally filed with the clerk of ... eading is "on file." See also: file on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact quash :: v. to annul or set aside. In law, a motion to quas ... s when the wrong person was served. quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed. recusal :: n. the act of a judge or prosecutor being removed ... other good reason. See also: recuse recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). rehearing :: n. conducting a hearing again based on the motion ... the judge or agency was just wrong. referee :: n. a person to whom a judge refers a case to take ... on such findings. See also: master prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation per curiam :: adj. Latin for "by the court," defining a decision ... dentified as the specif- ic author. penalty :: n. 1) in criminal law, a money fine or forfeiture ... contractor fails to complete a job. pornography :: n. pictures and/or writings of sexual activity int ... courts to follow. See also: obscene preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence probation :: n. a chance to remain free (or serve only a short ... See also: attorney-client privilege pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." pro tanto :: : (proh tahn-toe) Latin for "only to that extent." ... r payments for one year, pro tanto. presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence judicial proceedings :: n. any action by a judge re: trials, hearings, pet ... efore the court. See also: judicial judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. judicial :: adj., adv. 1) referring to a judge, court or the c ... court or the court system. 2) fair. joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits jurist :: n. although it means any attorney or legal scholar ... jurist popularly refers to a judge. juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire J :: n. abbreviation for Judge, as in the Hon. William ... as in the Hon. William B. Boone, J. issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing instruction :: n. an explanation of the law governing a case whic ... fore the jury begins deliberations. intent :: n. mental desire and will to act in a particular w ... ess homicide or other lesser crime. irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits inter alia :: (in-tur eh-lee-ah) prep. Latin for "among other th ... ime to file the action had passed." kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." master :: n. 1) employer, in the area of law known as "maste ... ter and servant respondeat superior marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. mediator :: n. a person who conducts mediation. A mediator is ... o: arbitration arbitrator mediation meet and confer :: n. a requirement of courts that before certain typ ... s which are freighted with emotion. minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed." marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." lewd and lascivious :: adj., adv. references to conduct which includes pe ... t exposure pornography prostitution life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence. magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. |