Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
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 . capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation.
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment.
waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents.
right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement
rider :: n. 1) an attachment to a document which adds to or ... sic bill has support. 3) passenger.
patent ambiguity :: n. an obvious inconsistency in the language of a w ... the language of a written document.
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
payment in full :: n. the giving of all funds due to another. This la ... ee accepts the payment as complete.
peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence.
per diem :: adj. or n. Latin for "per day," it is short for pa ... or fees of an employee or an agent.
passive :: adj. referring to being inactive. A "passive trust ... ment and interest on bank accounts.
passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
partial disability :: n. the result of an injury which permanently reduc ... erson's normal functioning is gone.
partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
permit :: 1) v. to allow by silence, agreement or giving a l ... f public revenue. See also: license
permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability
person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear.
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
mortgagor :: n. the person who has borrowed money and pledged h ... agee). See also: mortgage mortgagee
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
no fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
moratorium :: n. 1) any suspension of activity, particularly vol ... to normal activities and earnings.
misfeasance :: n. management of a business, public office or othe ... n of the law. See also: malfeasance
memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed."
Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution.
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
merchantable :: adj. a product of a high enough quality to make it ... taminated or flawed. See also: sale
mining claim :: n. a description by boundaries of real property in ... g within a specific period of time.
non-contestability clause :: n. an insurance policy provision which requires th ... claim is made by the policyholder.
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
omnibus clause :: n. 1) an automobile insurance policy clause which ... he beneficiaries named in the will.
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
ordinary course of business :: n. conduct of business within normal commercial cu ... rmal commercial customs and usages.
ostensible authority :: n. apparent authority to do something or represent ... apparent authority ostensible agent
outbuilding :: n. a structure not connected with the primary resi ... arn, cabana, pool house or cottage.
offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country.
official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer
nullity :: n. something which may be treated as nothing, as i ... of a marriage by a court judgment.
occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability.
occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work.
officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal.
preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction
premium :: n. 1) payment for insurance coverage either in a l ... ent for an act, option or priority.
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.
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
repeal :: 1) v. to annul an existing law, by passage of a re ... n. the act of annulling a statute.
represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
representation :: n. 1) the act of being another's agent. 2) acting ... ns or in court. See also: represent
representative :: 1) n. an agent. 2) n. in probate law, a generic te ... of the conditions at the job site."
restriction :: n. any limitation on activity, by statute, regulat ... rated into the title of each owner.
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
revoke :: v. to annul or cancel an act, particularly a state ... oke a license. See also: revocation
respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal
residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will
reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander
res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence
rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages
reservation :: n. a provision in a deed which keeps (reserves) to ... reserves lot 5." See also: reserve
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promoter :: n. a person who puts together a business, particul ... y effort and not by assets or cash.
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
provisional remedy :: n. a generic term for any temporary order of a cou ... ing. See also: temporary injunction
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
priority :: n. the right to be first or ahead of the rights or ... (in the "race to the courthouse").
prerogative writ :: n. an historic generic term for any writ (court or ... ls or another court. See also: writ
prenuptial agreement :: n. also called an antenuptial agreement, a written ... been "taken" by a previous spouse.
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
principal place of business :: n. location of head office of a business where the ... business to the Secretary of State.
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee
race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage
quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
ratification :: n. confirmation of an action which was not pre-app ... mployee). See also: agent principal
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quasi-judicial :: adj., adv. referring to the actions of an agency, ... -judicial. See also: judicial quasi
public :: 1) n. the people of the nation, state, county, dis ... lands and public and private roads.
public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander
public property :: n. property owned by the government or one of its ... l public. See also: common property
quasi community property :: n. in community property states, property acquired ... : community property palimony quasi
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
instrument :: n. 1) a written legal document such as a contract, ... in an assault (a blunt instrument).
inter alia :: (in-tur eh-lee-ah) prep. Latin for "among other th ... ime to file the action had passed."
in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam
in re :: prep. short for "in regard to" or concerning. Ofte ... e Adoption of Marcus McGillicuddy."
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
hornbook law :: n. lawyer lingo for a fundamental and well-accepte ... e a hornbook is a primer of basics.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
in limine :: (in lim-in-ay) from Latin for "at the threshold," ... otion. See also: motion to suppress
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogation :: n. questioning of a suspect or witness by law enfo ... the poisonous tree Miranda warning
jurisprudence :: n. the entire subject of law, the study of law and ... e study of law and legal questions.
judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general
jurist :: n. although it means any attorney or legal scholar ... jurist popularly refers to a judge.
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
inure :: v. result in. Commonly used in legal terminology i ... ure to the benefit of Janet Jones."
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide
hometowned :: adv. legalese for a lawyer or client suffering dis ... orneys over those from out of town.
fiduciary relationship :: n. where one person places complete confidence in ... handling. See also: fiduciary trust
extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her.
extrajudicial :: adj. referring to actions outside the judicial (co ... gnized by the judge during a trial.
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
ex rel. :: conj. abbreviation for Latin ex relatione, meaning ... . Archie Johnson v. Hardy Products.
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
exhibit :: n. 1) a document or object (including a photograph ... ncorporated into the main document.
extension :: n. granting of a specific amount of extra time to ... he original expiration of the term.
forensic :: 1) adj. from Latin forensis for "belonging to the ... in legal matters, including trials.
forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
holdover tenancy :: n. the situation when a tenant of real estate cont ... to a lawsuit for unlawful detainer.
general counsel :: n. the chief attorney for a corporation, who is pa ... e counsel." See also: house counsel
fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning
forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture
forgery :: n. 1) the crime of creating a false document, alte ... See also: counterfeit forger fraud
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
frisk :: v. quickly patting down the clothes of a possible ... k women and men officers frisk men.
law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard.
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule
official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
obligation :: n. a legal duty to pay or do something. ... legal duty to pay or do something.
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated.
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
owe :: v. to have a legal duty to pay funds to another. H ... arrived. See also: debt due payable
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury
permissive :: adj. 1) referring to any act which is allowed by c ... ting contrary to others' standards.
personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
perfected :: adj. having completed all necessary legal steps to ... itle to property. See also: perfect
perfect :: : (with stress on the second syllable) v. 1) to co ... perfect. See also: mechanic's lien
own :: v. to have legal title or right to something. Mere ... . Mere possession is not ownership.
ownership :: n. legal title coupled with exclusive legal right ... st in the same thing. See also: own
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant
multifarious :: adj., adv. reference to a lawsuit in which either ... ed misjoinder. See also: misjoinder
movant :: n. the party in a lawsuit or other legal proceedin ... or judgment). See also: motion move
master and servant :: n. the body of law, including statutes and legal d ... lso: employment respondeat superior
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped.
McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning
mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne
loiter :: v. to linger or hang around in a public place or b ... kenness or being a public nuisance.
litigation :: n. any lawsuit or other resort to the courts to de ... termine a legal question or matter.
law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case."
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
let :: v. 1) to allow or permit. This is distinguished fr ... rson. See also: lease rent sublease
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
metes and bounds :: (meets and bounds) n. a surveyor's description of ... of a parcel or lot are first drawn.
ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
moot point :: n. 1) a legal question which no court has decided, ... f academic interest. See also: moot
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 for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
moot :: adj. 1) unsettled, open to argument or debatable, ... st. See also: moot court moot point
monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property.
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
barratry :: n. creating legal business by stirring up disputes ... ent he/she has no legitimate claim.
barrister :: n. in the United States a fancy name for a lawyer ... ome barristers. See also: solicitor
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
association :: n. any group of people who have joined together fo ... ed, although technically redundant.
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
best evidence rule :: n. the legal doctrine that an original piece of ev ... ence in a trial. See also: evidence
cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
bucket shop :: n. an unofficial and usually illegal betting opera ... the stock and commodities markets.
boilerplate :: n., adj. slang for provisions in a contract, form ... favor and/or protect the provider.
bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
breaking and entering :: n. 1) the criminal act of entering a residence or ... above. See also: burglary trespass
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
appellee :: n. in some jurisdictions the name used for the par ... ndent." See also: appeal respondent
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
advance :: n. a payment which is made before it is legally du ... uthor, or a note is due to be paid.
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
acknowledge :: v. 1) generally to admit something, whether bad, g ... recording. See also: acknowledgment
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
accept :: v. to receive something with approval and intentio ... ervice" (delivery) of legal papers.
accord and satisfaction :: n. an agreement to accept less than is legally due ... h" practicality. See also: novation
accusation :: n. 1) in legal terms accusation means officially c ... im of wrongdoing by another person.
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
amnesty :: n. a blanket abolition of an offense by the govern ... rget the offenses. See also: pardon
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal
amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
agreement :: 1) n. any meeting of the minds, even without legal ... specific terms. See also: contract
alien :: 1) n. a person who is not a citizen of the country ... 3) v. to convey title to property.
alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil
alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act).
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
cohabitation :: n. living together in the same residence, generall ... xual relationships as cohabitation.
dispossess :: v. to eject someone from real property, either leg ... ty, either legally or by self-help.
disorderly house :: n. 1) polite term for house of prostitution. 2) pl ... tion. 2) place of illegal gambling.
distress :: 1) n. the self-help taking of another's possession ... rice due to negative circumstances.
domestic relations :: n. a polite term for the legal field of divorce, d ... port and alimony. See also: divorce
double taxation :: n. taxation of the same property for the same purp ... it is not discriminatory or unfair.
discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance.
discharge in bankruptcy :: n. an order given by the bankruptcy judge, at the ... red creditors. See also: bankruptcy
deportation :: n. the act of expelling a foreigner from a country ... s usually to the country of origin.
desertion :: n. the act of abandoning, particularly leaving one ... tody and other post-marital issues.
dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce".
due :: n. and adj. owed as of a specific date. A popular ... ecessarily mean that a debt is due.
erroneous :: adj. 1) in error, wrong. 2) not according to estab ... n a legal decision or court ruling.
ergo :: (air-go)conj. Latin for "therefore," often used in ... osopher Rene Descartes (1596-1650).
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
evasion of tax :: n. the intentional attempt to avoid paying taxes t ... rs. See also: estate tax income tax
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel
environmental law :: n. a body of state and federal statutes intended t ... imental effects on the environment.
due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights.
duty :: n. 1) a legal obligation, the breach of which can ... on imports. See also: duty of care
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
enclosure :: (inclosure)n. land bounded by a fence, wall, hedge ... oundaries and cause legal problems.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment
confiscate :: v. to take one's goods or property without legal r ... affic. See also: condemnation theft
confidential communication :: n. certain written communications which can be kep ... privilege privileged communication
conspirator :: n. a person or entity who enters into a plot with ... of antitrust laws. (See conspiracy
constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust
constructive eviction :: n. when the landlord does not go through a legal e ... e door shut. See also: constructive
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
condone :: v. 1) to forgive, support, and/or overlook moral o ... ition that the sin is not repeated.
collateral attack :: n. a legal action to challenge a ruling in another ... of paternity in the divorce action.
collateral estoppel :: n. the situation in which a judgment in one case p ... ng. See also: estoppel res judicata
color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket.
condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
construe :: v. to determine the meaning of the words of a writ ... s normal, widely accepted meanings.
crime :: n. a violation of a law in which there is injury t ... drugs. See also: felony misdemeanor
creditor's rights :: n. the field of law dealing with the legal means a ... also: creditor debt debtor judgment
de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure
de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires
de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
counsel :: 1) n. a lawyer, attorney, attorney-at-law, counsel ... self is a crime. See also: attorney
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
continuing trespass :: n. the repeat-ed unauthorized use of anoth- er's r ... l illegal entry. See also: trespass
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
controlled substance :: n. a drug which has been declared by federal or st ... those who have used the substances.
possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession
post :: v. 1) to place a notice on the entrance or a promi ... or recording a payment. 4) to mail.
beach bum trust provision :: n. a requirement in a trust that a beneficiary can ... live off the trust. See also: trust
battery :: n. the actual intentional striking of someone, wit ... e also: assault assault and battery
bench warrant :: n. a warrant issued by a judge, often to command s ... appear in court. See also: warrant
benefit :: 1) n. any profit or acquired right or privilege, p ... fit Ken Murray." See also: contract
bequest :: n. the gift of personal property under the terms o ... e been made). See also: legacy will
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor
bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit.
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
binder :: n. a written statement of the key terms of an agre ... rance coverage. See also: insurance
breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty
breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach
bribery :: n. the crime of giving or taking money or some oth ... s which are against company policy.
broker :: n. in general, a person who arranges contracts bet ... security ("hocked") at high rates.
burden :: n. anything that results in a restrictive load upo ... perty to reach his home (easement).
bottomry :: n. a mortgage contract in which a ship and/or its ... n sell the ship and/or its freight.
bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond.
blackmail :: n. the crime of threatening to reveal embarrassing ... e to property). See also: extortion
blue sky laws :: n. laws intended to protect the public from purcha ... e sky." See also: corporation stock
board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation
boiler room :: n. a telephone bank operation in which fast-talkin ... and in violation of security laws.
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
ambiguity :: n. when language has more than one meaning. If the ... most favorable to the other party.
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amortization :: n. a periodic payment plan to pay a debt in which ... payment. See also: promissory note
ancillary administration :: n. administration of an estate's assets in another ... or "subordinate." See also: probate
antenuptial (prenuptial) agreement :: n. a written contract between two people who are a ... ave been "taken" by a prior spouse.
alienation :: n. the transfer of title to real property, volunta ... such as a mortgage. See also: alien
aleatory :: adj. uncertain; usually applied to insurance contr ... ire damage to his insured building.
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
appraise :: v. to professionally evaluate the value of propert ... surance claims. See also: appraiser
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
auditor :: n. an accountant who conducts an audit to verify t ... ing any accountant. See also: audit
authority :: n. permission, a right coupled with the power to d ... rize ostensible authority principal
bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed.
attached :: adj. 1) referring to two buildings which are conne ... o: attachment fixture trade fixture
assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable.
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
arrears :: n. money not paid when due, usually the sum of a s ... imes these are called "arrearages."
assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress.
assault and battery :: n. the combination of the two crimes of threat (as ... damages. See also: assault battery
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
conservatee :: n. a person whom a court has determined because of ... and the like. See also: conservator
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
compensation :: n. 1) payment for work performed, by salary, wages ... the damage or by one's own insurer.
compromise :: 1) n. an agreement between opposing parties to set ... some demands. See also: settlement
compromise verdict :: n. a decision made by a jury in which the jurors s ... ning the verdict. See also: verdict
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge.
consignee :: n. a person or business holding another's goods fo ... designated agent. See also: consign
cooperative :: n. an association of individual businesses, farmer ... exes. See also: cooperative housing
control :: 1) n. the power to direct, manage, oversee and/or ... . to exercise the power of control.
cooperative housing :: n. an arrangement in which an association or corpo ... common area condominium cooperative
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done.
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax
consortium :: n. 1) a group of separate businesses or business p ... oney terms is a difficult question.
construction :: n. the act of a lawyer or court in interpreting an ... tion. See also: strict construction
constructive fraud :: n. when the circumstances show that someone's acti ... been proven. See also: constructive
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon
change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support
casualty loss :: n. in taxation, loss due to damage which qualifies ... mage from water seepage or erosion.
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
civil liability :: n. potential responsibility for payment of damages ... ans open to punishment for a crime.
civil penalties :: n. fines or surcharges imposed by a governmental a ... s, failure to obtain a permit, etc.
casual :: adj. defining something that happens by chance, wi ... ppropriate taxes on the wages paid.
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
careless :: adj., adv. 1) negligent. 2) the opposite of carefu ... See also: care negligence negligent
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
common area :: n. in condominium and some cooperative housing pro ... tage of total store space occupied.
commission :: n. 1) a fee paid based on a percentage of the sale ... on or the Federal Trade Commission.
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
common stock :: n. stock in a corporation in which dividends (payo ... oration preferred stock share stock
community property :: n. property and profits received by a husband and ... and distribution separate property
commercial law :: n. all the law which applies to the rights, relati ... . See also: Uniform Commercial Code
comment :: n. a statement made by a judge or an attorney duri ... e rung, cannot be unrung," applies.
clear and present danger :: n. the doctrine established in an opinion written ... together of a lynch mob (assembly).
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
closing :: n. the final step in the sale and purchase of real ... company, escrow holder or attorney.
collusion :: n. where two persons (or business entities through ... seball team owners. See also: fraud
Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law
administrative law judge :: n. a professional hearing officer who works for th ... higher pay in being called "judge."
restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust
responsible :: adj. 1) legally liable or accountable. 2) having t ... ving the ability to pay or perform.
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
res adjudicata :: n. a thing (legal matter) already determined by a ... es judicata. See also: res judicata
reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent
reckless driving :: n. operation of an automobile in a dangerous manne ... it. See also: reckless wet reckless
recusal :: n. the act of a judge or prosecutor being removed ... other good reason. See also: recuse
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
removal :: n. 1) the change of a legal case from one court to ... a crime or successful impeachment.
return of service :: n. written confirmation under oath by a process se ... ee also: service service of process
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
secondary boycott :: n. an organized refusal to purchase the products o ... state laws and, thus, are illegal.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
revocation :: n. 1) mutual cancellation of a contract by the par ... c offenses. See also: contract will
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
ruling :: n. court decision on a case or any legal question. ... on on a case or any legal question.
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
rebuttal :: n. evidence introduced to counter, disprove or con ... tion, or responsive legal argument.
privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth
prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone).
pro forma :: 1) prep. Latin for "as a matter of form," the phra ... se in annual sales or 6% inflation.
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
proceeding :: n. any legal filing, hearing, trial and/or judgmen ... edings," as in "legal proceedings."
presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal.
power :: n. the right, authority and ability to take some a ... g legal rights and many other acts.
practice :: 1) n. custom or habit as shown by repeated action, ... s "she practices law in St. Louis."
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
process server :: n. a person who serves (delivers) legal papers in ... table. See also: service of process
quasi in rem :: adj. referring to a legal action which is primaril ... See also: in personam in rem quasi
quasi corporation :: n. a business which has operated as a corporation ... poration de facto corporation quasi
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
quo warranto :: (kwoh wahr-rahn-toe) n. the name for a writ (order ... ticles). See also: corporation writ
rebate :: 1) n. a discount or deduction on sales price. A se ... v. to give a discount or deduction.
quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed.
puffing :: n. the exaggeration of the good points of a produc ... seller is possible. See also: fraud
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander
secret rebate :: n. a kickback of money by a business to a "preferr ... h a secret rebate. See also: rebate
seizure :: n. the taking by law enforcement officers of poten ... e search and seizure search warrant
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
unlawful :: adj. referring to any action which is in violation ... on, or established legal precedents
vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante.
waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver
waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
T.R.O. :: n. legal slang for temporary restraining order. Se ... order. See also: restraining order
tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant
third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary
third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary.
wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
adjusted basis :: n. in accounting, the original cost of an asset ad ... s taxes. See also: basis income tax
administer :: v. 1) to conduct the duties of a job or position. ... lso: administrator executor probate
administrative hearing :: n. a hearing before any governmental agency or bef ... ee also: administrative law hearing
administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act
ad valorem :: adj. Latin for "based on value," which applies to ... per parcel. See also: property tax
act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
accounts receivable :: n. the amounts of money due or owed to a business ... sidering the chances of collection.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate.
suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
settle :: v. to resolve a lawsuit without a final court judg ... rior to trial. See also: settlement
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
sexual harassment :: n. unwanted sexual approaches (including touching, ... emale employees. See also: nuisance
service by FAX :: n. delivery of legal documents required by statute ... ee also: service service of process
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
self-executing :: adj. immediately effective without further action, ... party the right to try to collect.
self-help :: n. 1) obtaining relief or enforcing one's rights w ... maximizing of one's opportunities.
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
separation :: n. married persons living apart, either informally ... gal separation separation agreement
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits
stipulation :: n. an agreement, usually on a procedural matter, b ... g, signed and filed with the court.
stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent
suit :: n. generic term for any filing of a complaint (or ... "suit in equity." See also: lawsuit
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding
co-trustee :: n. a trustee of a trust when there is more than on ... act alone. See also: trust trustee