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Dictionary of Law |
Founded: 1025 legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority minority :: n. 1) in voting, a side with less than half the vo ... See also: legal age majority minor majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority age of consent :: n. See also: legal age majority ... n. See also: legal age majority legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem minor :: n. someone under legal age, which is generally 18, ... rages. See also: legal age maturity statutory rape :: n. sexual intercourse with a female below the lega ... majority minority molestation rape damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages age discrimination :: n. an employer's unfair treatment of a current or ... men. See also: wrongful termination common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities. claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. surplusage :: n. a term used in analyzing legal documents and pl ... ect and, therefore, can be ignored. child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. legal duty :: n. the responsibility to others to act according t ... al injuries. See also: duty of care property damage :: n. injury to real or personal property through ano ... l value. See also: damages property legal fiction :: n. a presumption of fact assumed by a court for co ... he law, and not law from fictions." liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 disability :: n. 1) a condition which prevents one from performi ... ct, or being insane or incompetent. exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation transfer agent :: n. a person or company retained by a corporation t ... stockbroker. See also: share stock pilferage :: n. a crime of theft of little things, usually from ... ipments or baggage. See also: theft general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. escrow agent :: n. a person or entity holding documents and funds ... on local practice. See also: escrow guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages espionage :: n. the crime of spying on the federal government a ... n enemy. See also: sedition treason treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. in loco parentis :: prep. (in loh-coh pah-rent-iss) Latin for "instead ... 5, if and when he needs legal help. mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal mortgagee :: n. the person or business making a loan that is se ... money. See also: mortgage mortgagor juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. affirmative action :: n. the process of a business or governmental agenc ... and state affirmative action laws. mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander punitive damages :: n. (synony- mous with exemplary damages), damages ... t acts. See also: exemplary damages legalese :: n. slang for the sometimes arcane, convoluted and ... rgon of lawyers and legal scholars. legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono compensatory damages :: n. damages recovered in payment for actual injury ... es punitive damages special damages consequential damages :: n. damages claimed and/or awarded in a lawsuit whi ... See also: damages foreseeable risk nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration non-feasance :: n. the failure of an agent (employee) to perform a ... . See also: malfeasance misfeasance notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice legitimate :: adj., adv1) legal, proper, real. 2) referring to a ... 3) v. to make proper and/or legal. state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent. false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract mental cruelty :: n. a term, rapidly going out of fashion and out of ... history. See also: cruelty divorce false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. silent partner :: n. a non-legal term for an investor who puts money ... partner limited partnership partner discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights owner :: n. one who has legal title or right to something. ... ke one a legal owner. See also: own malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs." mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. equitable :: adj. 1) just, based on fairness and not legal tech ... es or give relief. See also: equity election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business. intrinsic fraud :: n. an intentionally false representation (lie) whi ... ts. See also: extrinsic fraud fraud justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction maturity :: n. 1) the date when the payment of the principal a ... exchange legal age promissory note immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses. kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings legal action :: n. any lawsuit, petition or prosecution. ... y lawsuit, petition or prosecution. infancy :: n. although the popular use of the word means the ... nority. See also: ad litem minority in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity legal services :: n. the work performed by a lawyer for a client. ... performed by a lawyer for a client. jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping legal tender :: n. all money issued by the government. ... all money issued by the government. infra :: prep. Latin for "below," this is legal shorthand t ... e document. See also: citation cite uxor :: n. Latin for "wife." In deeds and documents the te ... man and not worthy of being named. supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice Queen's Bench :: n. 1) the highest court in Great Britain during th ... include close to 50 percent women. substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee title :: n. 1) ownership of real property or personal prope ... ink slip real property title search illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute monument :: n. 1) an established landmark which a surveyor use ... torn down or substantially altered. legal :: adj., adv. according to law, not in violation of l ... law or anything related to the law. guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:." good faith :: n. honest intent to act without taking an unfair a ... plied to all kinds of transactions. insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee chancellor :: n. from the old English legal system, a chancellor ... n the same courts. See also: equity churning :: n. the unethical and usually illegal practice of e ... f obtaining high sales commissions. American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. cease and desist order :: n. an order of a court or government agency to a p ... ing which would damage the ecology. caveat emptor :: (kah-vee-ott emptor) Latin for "let the buyer bewa ... See also: consumer protection laws carnal knowledge :: n. from Latin carnalis for "fleshly:" sexual inter ... tate. See also: rape statutory rape prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit putative :: adj. commonly believed, supposed or claimed. Thus ... not the last will of the deceased. cite :: v. 1) to make reference to a decision in another c ... police officer). See also: citation American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522. cloud on title (cloud) :: n. an actual or apparent outstanding claim on the ... ion reconveyance title title report code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. attorney's advertising :: n. the commercials which appear on television or c ... es to handle high volume practices. attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury will :: n. a written document which leaves the estate of t ... will and testament probate testator bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent closed shop :: n. a business that will hire only union members by ... s their certified bargaining agent. ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian boycott :: n. organized refusal to purchase products or patro ... e laws. See also: secondary boycott bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry. voidable :: adj. capable of being made void. Example: a contra ... ot necessarily void. See also: void pro bono :: adj. short for pro bono publico, Latin for "for th ... cation organizations and charities. preference :: n. in bankruptcy, the payment of a debt to one cre ... nds or assets. See also: bankruptcy Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices. reliance :: n. acting upon another's statement of alleged fact ... able. See also: reasonable reliance cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons custody :: n. 1) holding property under one's control. 2) law ... inor child. See also: child custody date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel adeem :: v. to revoke a gift made in a will by destroying, ... e of my death." See also: ademption corporation :: n. an organization formed with state governmental ... ation public corporation securities common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. adopt :: v. 1) to take on the relationship of parent to chi ... nt in a lawsuit. See also: adoption acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. title search :: n. the examination of county records for the prope ... e escrow lien title title insurance abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default service of process :: n. the delivery of copies of legal documents such ... by publication substituted service declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources. corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights molestation :: n. the crime of sexual acts with children up to th ... of rape. See also: pedophilia rape quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict complaint :: n. the first document filed with the court (actual ... g prayer service of process summons sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ contra :: adj. Latin for "against" or "opposite to". This us ... he rule stated in Keeler v. Beach." physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays. lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages Mann Act :: n. a federal statute making it a crime to transpor ... is five years in a federal prison. mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions jobber :: n. a merchant who buys products (usually in bulk o ... buys and acts for specific clients. lemon law :: n. statutes adopted in some states to make it easi ... still trying" to make it run right. legatee :: n. a person or organization receiving a gift of an ... eficiary devise devisee legacy will judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked. last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic. joint venture :: n. an enterprise entered into by two or more peopl ... s terminated. See also: partnership liable :: adj. responsible or obligated. Thus, a person or e ... al prosecution. See also: liability limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages irreconcilable differences :: n. the usual basis for granting a divorce (dissolu ... See also: divorce no fault divorce landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages hypothecate :: v. from Greek for "pledge," a generic term for usi ... sion. See also: secured transaction emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment employment :: n. the hiring of a person for compensation. It is ... ployment Workers' Compensation Acts employer :: n. a person or entity which hires the services of ... gency. See also: employee principal election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages. dividend :: n. a portion of profit, usually based on the numbe ... . See also: corporation shareholder diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation document :: n. a popular generic word among lawyers for any pa ... it. See also: documentary evidence dowry :: n. from the days when a groom expected to profit f ... sts in the Civil Code of Louisiana. duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point. endorsement :: (indorsement)n. 1) the act of the owner or payee s ... te. See also: negotiable instrument escrow instructions :: n. the written instructions by buyer and seller of ... ir agents. See also: closing escrow escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will et seq. :: (et seek) n. abbreviation for the Latin phrase et ... Vehicle Code Section 1204, et seq." examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness errors and omissions :: n. short hand for malpractice insurance which give ... issions which amount to negligence. equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption entity :: n. a general term for any institution, company, co ... is distinguished from individuals. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ distribution :: n. the act of dividing up the assets of an estate ... p percentages. See also: distribute dissolution :: n. modern, gentler sounding, term for divorce, off ... lving a marriage. See also: divorce decision :: n. judgment, decree or determination of findings o ... (court). See also: decree judgment debtor in possession :: n. in bankruptcy proceedings when a debtor has fil ... n possession." See also: bankruptcy declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor deduction :: n. an expenditure which an income tax payer may su ... dded together, reduce the tax owed. deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company. court of equity :: n. originally in English common law and in several ... also: chancery court of law equity court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant crime against nature :: n. an oldfashioned term for sodomy (anal sexual in ... states. See also: bestiality sodomy defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder director :: n. a member of the governing board of a corporatio ... lso: board of directors corporation disclaimer :: n. 1) denial or renunciation by someone of his/her ... ssolving a partnership or business. disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages dereliction :: n. 1) abandoning possession, which is sometimes us ... is building up). See also: derelict depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated). deficit :: n. a shortage, less than is due, or in the case of ... l of government except the federal. deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure delinquent :: 1) adj. not paid in full amount or on time. 2) n. ... the law as in juvenile delinquent. delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon exemption :: n. 1) in income taxation, a credit given for each ... l children or is a college student. in haec verba :: (in hike verb-ah)prep. Latin for "in these words," ... ading. See also: complaint pleading impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children. in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved. incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent income tax :: n. a tax on an individual's net income, after dedu ... al government. See also: income tax income :: n. money, goods or other economic benefit received ... ernment and most state governments. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds. heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. hobby loss :: n. in income tax, a loss from a business activity ... educted against annual income only. holding company :: n. a company, usually a corporation, which is crea ... gement and policies of all of them. incompatibility :: n. the state of a marriage in which the spouses no ... mpatible irreconcilable differences incompatible :: adj. 1) inconsistent. 2) unmatching. 3) unable to ... ch other. See also: incompatibility installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy integration :: n. 1) adopting a writing as part of an agreement, ... , as well as racial mix in schools. interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. interstate commerce :: n. commercial trade, business, movement of goods o ... and the I.C.C. may soon be history. insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading incorporate by reference :: v. to include language from another document or el ... uses of Action hereinabove stated." incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ insertion :: n. the addition of language at a place within an e ... t unless initialled by all parties. head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale foreseeability :: n. reasonable anticipation of the possible results ... e also: foreseeable risk negligence foster child :: n. a child without parental support and protection ... local government or a state agency. fornication :: n. sexual intercourse between a man and woman who ... obbers, murderers and drug dealers. fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust fertile octogenarian :: n. an unrealistic notion that any person (male or ... e passed laws to cure this anomaly. extortion :: n. obtaining money or property by threat to a vict ... . See also: blackmail robbery theft express :: adj. direct, unambiguous, distinct language, parti ... plication to determine the meaning. fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. 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 grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. goodwill :: n. the benefit of a business having a good reputat ... an unknowing buyer. See also: sale grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant good title :: n. ownership of real property which is totally fre ... or deed of trust on the property). gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. future interest :: n. a right to receive either real property or pers ... maturity (age 18) or upon marriage. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause polygraph :: n. a lie detector device, from Greek for "many" (p ... swered. See also: lie detector test strict construction :: (narrow construction) n. interpreting the Constitu ... See also: constitution construction state :: n. 1) the federal or state government and any of i ... d States. 3) a nation's government. strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment specific bequest :: n. the gift in a will of a certain article to a ce ... ce, Sophie." See also: bequest will specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce subordination agreement :: n. a written contract in which a lender who has se ... ty records. See also: subordination suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance tort claims act :: n. a federal or state act which, under certain con ... . See also: Federal Tort Claims Act trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search three strikes, you're out :: n. recent (beginning 1994) legislation enacted in ... ich involve small amounts of money. Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy tenement :: n. 1) a term found in older deeds or in boiler-pla ... d by stairways. See also: structure testamentary trust :: n. a trust created by the terms of a will. Example ... vivos trust living trust trust will sign :: v. 1) to write one's signature on a document, incl ... language. See also: mark subscribe sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. secured transaction :: n. any loan or credit in which property is pledged ... d of trust lien mortgage pawn UCC-1 securities :: n. generic term for shares of stock, bonds and deb ... ee also: bond debenture share stock savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms. right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk royalty :: n. a percentage of gross or net profit or a fixed ... also: copyright infringement patent running at large :: adj. 1) referring to cattle or other animals which ... om an entire city, county or state. security interest :: n. generic term for the property rights of a lende ... : deed of trust lien mortgage UCC-1 seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape shareholders' agreement :: n. an employment agreement among the shareholders ... re only three or four shareholders. shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting shareholders' derivative action :: n. a lawsuit by a corporation's shareholders, theo ... gement. See also: derivative action shareholders' meeting :: n. a meeting, usually annual, of all shareholders ... ctors corporation proxy shareholder Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset senior lien :: n. the first security interest (lien or claim) pla ... rtgage race to the courthouse UCC-1 separate property :: n. in community property states (California, Texas ... pouse. See also: community property servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name transfer :: n. 1) the movement of property from one person or ... son or shipment to continue travel. emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. disorderly conduct :: n. 1) actions that disturb others. 2) minor crimin ... peace, and loud threats or parties. excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title defect :: n. an imperfection, quite often so great that the ... See also: defective defective title cumulative voting :: n. in corporations, a system of voting by sharehol ... eholders with 1,001 or more shares. quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance child :: n. 1) a person's natural offspring. 2) a person 14 ... almost all states. See also: minor magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach. substantial performance :: n. in the law of contracts, fulfillment of the obl ... also: contract specific performance stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 vagrancy :: n. moving about without a means to support oneself ... ue of "loitering." See also: loiter variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax orphan :: n. a child, particularly a minor, whose two natura ... an a child who has lost one parent. operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. plain view doctrine :: n. the rule that a law enforcement officer may mak ... : search and seizure search warrant police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest Truth in Lending Act :: n. a federal statute which requires a commercial l ... erms and cancel the loan agreement. trustee in bankruptcy :: n. a person appointed by a bankruptcy court to sup ... f the debtors. See also: bankruptcy treason :: n. the crime of betraying one's country, defined i ... nment. See also: espionage sedition transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages. usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent zoning :: n. a system of developing a city or county plan in ... îâñêîé ãàðàíòèè . |