|
|
|
|
Dictionary of Law |
Founded: 397 necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary. indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. party wall :: n. a wall shared by two adjoining premises which i ... the property of one of the parties. adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract arraign :: v. to bring a criminal defendant before the court, ... d. See also: appearance arraignment lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander cruelty :: n. the intentional and malicious infliction of phy ... ruel and unusual punishment divorce citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment licensor :: n. a person who gives another a license, particula ... product. See also: license licensee liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence judgment debt :: n. the amount of money in a judgment award to the ... ee also: judgment judgment creditor 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 judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection leasehold :: n. the real estate which is the subject of a lease ... sehold. See also: condominium lease leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. 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 negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. litigant :: n. any party to a lawsuit. This means plaintiff, d ... ant, but not a witness or attorney. material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach. mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene. impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract. hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness hold harmless :: n. a promise to pay any costs or claims which may ... e other party agrees to cover them. grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. grantor :: n. the party who transfers title in real property ... or quitclaim deed. See also: grant frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. fraud in the inducement :: n. the use of deceit or trick to cause someone to ... nt. See also: extrinsic fraud fraud fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud 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 full disclosure :: n. the need in business transactions to tell the " ... icant fact. See also: caveat emptor grantee :: n. the party who receives title to real property ( ... or quitclaim deed. See also: grant grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in forma pauperis :: (in form-ah paw-purr-iss) adj. or adv. Latin for " ... poor defendants who have been sued. interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery irreconcilable differences :: n. the usual basis for granting a divorce (dissolu ... See also: divorce no fault divorce intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence in re :: prep. short for "in regard to" or concerning. Ofte ... e Adoption of Marcus McGillicuddy." in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved. indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in substitution :: n. putting one person in place of another, in part ... See also: substitution of attorney subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset service of process :: n. the delivery of copies of legal documents such ... by publication substituted service shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause spendthrift clause :: n. a provision in a trust or will that states that ... tly to Junior. See also: trust will specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney. witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation pro se :: (proh say) prep. Latin for "for himself." A party ... o se." See also: in propria persona privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative process :: n. in law, the legal means by which a person is re ... service of process subpena summons provisional remedy :: n. a generic term for any temporary order of a cou ... ing. See also: temporary injunction prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items. pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader ouster :: n. 1) the wrongful dispossession (putting out) of ... ainst his/her expectations or will. patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent payable on demand :: adj. a debt on a promissory note or bill of exchan ... e (party to whom the debt is owed). petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party payor :: (payer) n. the party who must make payment on a pr ... make payment on a promissory note. qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quid pro quo :: : (kwid proh kwoh) n. Latin for "something for som ... this deal?" See also: consideration sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court retrial :: n. a new trial granted upon the motion of the losi ... al or reversed by an appeals court. retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection self-executing :: adj. immediately effective without further action, ... party the right to try to collect. sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. receivership :: n. the process of appointment by a court of a rece ... n receivership." See also: receiver receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand relief :: n. generic term for all types of benefits which an ... r possibilities. See also: judgment reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance bond :: n. 1) written evidence of debt issued by a company ... good up to the amount of the bond. bona fide :: adj. Latin for "good faith," it signifies honesty, ... t doubt on the right to hold title. breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent champerty :: n. an agreement between the party suing in a lawsu ... . See also: barratry contingent fee cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like. carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier boilerplate :: n., adj. slang for provisions in a contract, form ... favor and/or protect the provider. bill of exchange :: n. a writing by a party (maker or drawer) ordering ... awn on a bank account is a "check." bench warrant :: n. a warrant issued by a judge, often to command s ... appear in court. See also: warrant bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy beneficial interest :: n. the right of a party to some profit, distributi ... benefits. See also: contract trust beneficiary :: n. a broad definition for any person or entity (li ... beneficiary third-party beneficiary bill :: n. 1) what is commonly called a "check" by which t ... ions, which is falling into disuse. bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract BFP :: n. slang for bona fide purchaser, which means some ... ner). See also: bona fide purchaser change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another. common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation compensation :: n. 1) payment for work performed, by salary, wages ... the damage or by one's own insurer. 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 collusion :: n. where two persons (or business entities through ... seball team owners. See also: fraud collateral estoppel :: n. the situation in which a judgment in one case p ... ng. See also: estoppel res judicata civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense codefendant :: n. when more than one person or entity is sued in ... party sued is called a codefendant. closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy award :: 1) n. the decision of an arbitrator or commissione ... warded $27,000." See also: judgment adopt :: v. 1) to take on the relationship of parent to chi ... nt in a lawsuit. See also: adoption admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession adverse :: adj. clearly contrary, such as an adverse party be ... the property, such as an easement. adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states. after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." necessary inference :: n. 1) a conclusion militated by reason and logic a ... nown facts. 2) unavoidable meaning. necessary :: adj., adv. 1) essen- tial. 2) less forcefully, it ... nient, useful or making good sense. abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach). addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently. action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). ambiguity :: n. when language has more than one meaning. If the ... most favorable to the other party. 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 appellant :: n. the party who appeals a trial court decision he ... e/she/it has lost. See also: appeal arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. arm's length :: adj. the description of an agreement made by two p ... th" transaction. See also: contract attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General assault and battery :: n. the combination of the two crimes of threat (as ... damages. See also: assault battery appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance appear :: v. for a party or an attorney to show up in court. ... w up in court. See also: appearance amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract 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." apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself. discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance. disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will complaint :: n. the first document filed with the court (actual ... g prayer service of process summons divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery defense :: n. 1) a general term for the effort of an attorney ... tiff. See also: affirmative defense defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff defect :: n. an imperfection, quite often so great that the ... See also: defective defective title deficiency judgment :: n. a judgment for an amount not covered by the val ... o: foreclosure judicial foreclosure demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note depose :: v. 1) to ask questions of a witness or a party to ... tion. See also: deponent deposition dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available. dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate draft :: 1) n. a bill of exchange or check in which one par ... s. See also: bill of exchange check excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. evidence :: n. every type of proof legally presented at trial ... material object objection relevant execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. due care :: n. the conduct that a reasonable man or woman will ... "reasonable" man or woman would do. drawee :: n. the party who is to be paid on a bill of exchan ... r check. See also: bill of exchange election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction encroach :: v. to build a structure which is in whole or in pa ... wn property. See also: encroachment default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary condone :: v. 1) to forgive, support, and/or overlook moral o ... ition that the sin is not repeated. condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract consign :: v. 1) to deliver goods to a merchant to sell on be ... or by order of a bankruptcy judge. contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners. contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition condition :: n. a term or requirement stated in a contract, whi ... tion precedent condition subsequent compromise verdict :: n. a decision made by a jury in which the jurors s ... ning the verdict. See also: verdict deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed compounding a felony :: n. when a person injured by a felony (being shot, ... n most jurisdictions it is a crime. concealed weapon :: n. a weapon, particularly a handgun, which is kept ... ions, arrests or improper activity. concealment :: n. fraudulent failure to reveal information which ... lawsuit for fraud. See also: fraud conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence compromise :: 1) n. an agreement between opposing parties to set ... some demands. See also: settlement damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages custody :: n. 1) holding property under one's control. 2) law ... inor child. See also: child custody cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness debtor :: n. 1) a person or entity that owes an amount of mo ... the "debtor." See also: bankruptcy deceit :: n. dishonesty, fraudulent conduct, false statement ... . See also: fraud misrepresentation conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor corroborate :: v. to confirm and sometimes add substantiating (re ... l. See also: corroborating evidence copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark corporation :: n. an organization formed with state governmental ... ation public corporation securities counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant counterpart :: n. in the law of contracts, a written paper which ... rent localities. See also: contract excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent fixture :: n. a piece of equipment which has been attached to ... ary repair. See also: trade fixture kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent. Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation appraise :: v. to professionally evaluate the value of propert ... surance claims. See also: appraiser d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment carnal knowledge :: n. from Latin carnalis for "fleshly:" sexual inter ... tate. See also: rape statutory rape default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. trustee in bankruptcy :: n. a person appointed by a bankruptcy court to sup ... f the debtors. See also: bankruptcy retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto perfected :: adj. having completed all necessary legal steps to ... itle to property. See also: perfect out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. modification :: n. a change in an existing court order or judgment ... terms of child support and custody. litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs." leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging. motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime. no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate |