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Dictionary of Law |
Founded: 2113 court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement court of equity :: n. originally in English common law and in several ... also: chancery court of law equity Court of Customs and Patent Appeals :: n. a federal court established (1929) to hear appe ... lso: Customs Court patent trademark contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing commencement of action :: n. an action (a lawsuit) commences (begins officia ... ing a complaint. See also: petition matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. limitation of actions :: n. the period of time in which a person has to fil ... e. See also: statute of limitations lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. officious intermeddler :: n. a volunteer who assists and/or benefits another ... efit. See also: Good Samaritan rule right of way :: n. 1) a pathway or road with a specific descriptio ... s easement egress floating easement kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent moot court :: n. law school exercise in which students argue bot ... fferent law schools. See also: moot municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll change of circumstances :: n. the principal reason for a court modifying (ame ... ild support divorce spousal support satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury administrative law :: n. the procedures created by administrative agenci ... judge Administrative Procedure Act suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party diversity of citizenship :: n. when opposing parties in a lawsuit are citizens ... unt in controversy exceeds $10,000. federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. service of process :: n. the delivery of copies of legal documents such ... by publication substituted service Customs Court :: n. a federal court established (1926) to hear appe ... Court of Customs and Patent Appeals election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. court calendar :: n. the list of matters to be heard or set for tria ... ring by a court. See also: calendar question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment World Court :: n. the Court of International Justice, founded by ... rd and to be bound by the decision. bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. appellate court :: n. a court of appeals which hears appeals from low ... court of appeals. See also: appeal writ of execution :: n. a court order to a sheriff to enforce a judgmen ... ing plaintiff). See also: execution rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial rejection of claim :: n. in probate law (administration of an estate of ... stion of administrative remedies"). articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. breach of trust :: n. 1) any act which is in violation of the duties ... ise or confidence. See also: breach ordinary course of business :: n. conduct of business within normal commercial cu ... rmal commercial customs and usages. risk of loss :: n. the responsibility a carrier, borrower or user ... e is damage or loss. See also: risk burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence breach of warranty :: n. determination that a statement as to title of p ... See also: implied warranty warranty party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust return of service :: n. written confirmation under oath by a process se ... ee also: service service of process breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. race to the courthouse :: n. slang for the rule that the first deed, deed of ... e also: deed judgment lien mortgage Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession professional corporation :: n. a corporation formed for the purpose of conduct ... rofessionals. See also: corporation proffer :: v. to offer evidence in a trial. ... v. to offer evidence in a trial. proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion principal place of business :: n. location of head office of a business where the ... business to the Secretary of State. power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption power of appointment :: n. the right to leave property by will, transfer, ... death of the person with the power. power of acceptance :: n. the ability to accept an offer and thus create ... ecide to accept the original offer. bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution. bill of exchange :: n. a writing by a party (maker or drawer) ordering ... awn on a bank account is a "check." assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable. registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record board of directors :: n. the policy managers of a corporation or organiz ... he expertise. See also: corporation assignment for benefit of creditors :: n. a method used for a debtor to work out a paymen ... ar basis to pay the debtor's bills. preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence bill of sale :: n. a written statement attesting to the transfer ( ... ther provisions. See also: contract bill of lading :: n. a receipt obtained by the shipper of goods from ... ll of lading, there is no delivery. bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent muniment of title :: n. documentary evidence of title to real property. ... also: deed quiet title action title heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain letter of credit :: n. a document issued by a bank guaranteeing to pro ... ong-distance business transactions. law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case." joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. four corners of an instrument :: n. the term for studying an entire document to und ... solve an ambiguity in its language. cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done. entry of judgment :: n. the placement of a judgment on the official rol ... on the official roll of judgments. equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance dissolution of corporation :: n. termination of a corporation, either a) volunta ... e government. See also: corporation ex officio :: a (ex oh-fish-ee-oh)dj. Latin for "from the office ... ne is president of the corporation. crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder firm offer :: n. in contract law, an offer (usually in writing) ... ptance contract counter offer offer counter offer :: n. an offer made in response to a previous offer b ... it expire. See also: contract offer course of employment :: adj. actively involved in a person's employment at ... Acts. See also: scope of employment failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. offense :: n. a crime or punishable violation of law of any t ... type or magnitude. See also: crime offer :: n. a specific proposal to enter into an agreement ... es the contract. See also: contract offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff officer :: n. 1) a high-level management official of a corpor ... deputy sheriff or federal marshal. offeror :: n. a person or entity who makes a specific proposa ... t. See also: contract offer offeree offeree :: n. a person or entity to whom an offer to enter in ... t is made by another (the offeror). certificate of deposit (CD) :: n. a document issued by a bank in return for a dep ... D before the pledged time runs out. certificate of incorporation :: n. document which some states issue to prove a cor ... the articles are sufficient proof. meeting of the minds :: n. when two parties to an agreement (contract) bot ... eant his cattle. See also: contract mesne profits :: n. profits which have accrued while there was a di ... ed "mesne profits." See also: mesne loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence. loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine certificate of title :: n. generally, the title document for a motor vehic ... a "pink slip." See also: pink slip chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. offshore corporation :: n. a corporation chartered under the laws of a cou ... nds in accounts out of the country. party of the second part :: n. a reference to a party to a written contract, a ... " See also: party of the first part equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays. caption :: n. the first section of any written legal pleading ... to the exact format of the caption. shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case statute of frauds :: n. law in every state which requires that certain ... ulent title claims. See also: fraud admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence words of art :: n. 1) specialized language with meaning peculiar t ... cialize in a particular occupation. incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in evidence :: n. every type of proof legally presented at trial ... material object objection relevant agent for acceptance of service :: n. states require that a corporation name an actua ... corporations. See also: corporation bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law quorum :: n. the number of people required to be present bef ... ly set by statute. See also: bylaws alienation of affections :: n. convincing a wife to leave her husband, often f ... een abolished in almost all states. adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys. sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. abstract of title :: n. the written report on a title search which show ... e also: chain of title title report abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize. retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely." status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer! libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander time is of the essence :: n. a phrase often used in contracts which in effec ... g the agreement. See also: contract tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead stay of execution :: n. a court-ordered delay in inflicting the death p ... g the death penalty. See also: stay standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence civil procedure :: n. the complex and often confusing body of rules a ... l civil action civil code civil law maritime law :: n. Also called "admiralty law" or "the law of admi ... r maritime law. See also: admiralty writ of mandate :: (mandamus) n. a court order to a government agency ... al acts. See also: mandamus mandate scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior surrogate court :: n. a court in a few states (including New York) wi ... er probates, estates and adoptions. law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." cohabitation :: n. living together in the same residence, generall ... xual relationships as cohabitation. military law :: n. regulations governing the conduct of men and wo ... also: court-martial judge advocate Superior Court :: n. the name used in 16 states for the basic county ... county trial court. See also: court Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire divestiture :: n. the court-ordered or voluntary giving up of a p ... nopoly or other restraint of trade. jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support intestacy :: n. the condition of having died without a valid wi ... e. See also: intestate probate will jury tampering :: n. the crime of attempting to influence a jury thr ... e also: jury subornation of perjury international law :: n. treaties between countries; multi-lateral agree ... all nations. See also: World Court distress :: 1) n. the self-help taking of another's possession ... rice due to negative circumstances. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. duress :: n. the use of force, false imprisonment or threats ... pardoned by President Jimmy Carter. will :: n. a written document which leaves the estate of t ... will and testament probate testator domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. domestic violence :: n. the continuing crime and problem of the physica ... ravated assault assault and battery joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence judge advocate general :: (J.A.G.) n. a military officer who advises the gov ... also: court-martial judge advocate judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury irreparable damage or injury :: n. the type of harm which no monetary compensation ... also: equity injunction remedy writ dissent :: n. 1) the opinion of a judge of a court of appeals ... sagreement with prevailing thought. deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive limited jurisdiction :: n. courts' authority over certain types of cases s ... value. See also: court jurisdiction lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant depose :: v. 1) to ask questions of a witness or a party to ... tion. See also: deponent deposition litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs." magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate usury :: n. a rate of interest on a debt which is exorbitan ... al Reserve Bank. See also: usurious venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable 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 dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well. laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). disposition :: n. the court's final determination of a lawsuit or ... on of a lawsuit or criminal charge. juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court court docket :: n. See also: docket ... n. See also: docket justiciable :: n. referring to a matter which is capable of being ... e of action" or "justiciable case." interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. discharge :: v. 1) to perform one's duties. 2) to dismiss someo ... d not be paid. See also: bankruptcy disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude legal fiction :: n. a presumption of fact assumed by a court for co ... he law, and not law from fictions." legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce court trial :: ("non-jury trial"): a trial with a judge but no ju ... : a trial with a judge but no jury. legal advertising :: n. 1) notices of probate sales and other documents ... quality of the lawyers advertising. leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding forum :: n. a court which has jurisdiction to hold a trial ... f a particular lawsuit or petition. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. equitable lien :: n. a lien on property imposed by a court in order ... lso: constructive trust equity lien forensic testimony :: n. any testimony of expert scientific, engineering ... ee also: forensic forensic medicine foreclosure sale :: n. the actual forced sale of real property at a pu ... dicial sale mortgage sheriff's sale failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants. forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic evasion of tax :: n. the intentional attempt to avoid paying taxes t ... rs. See also: estate tax income tax contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance environmental law :: n. a body of state and federal statutes intended t ... imental effects on the environment. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee garnishee :: n. a person or entity, quite often a bank or emplo ... ourt. See also: garnish garnishment equitable estoppel :: n. where a court will not grant a judgment or othe ... also: clean hands doctrine estoppel gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment findings of fact :: n. See also: finding ... n. See also: finding final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate professional negligence :: n. See also: malpractice ... n. See also: malpractice fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution executive privilege :: n. a claim by the President or another high offici ... the Watergate scandal (1973-1974). expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony law of the land :: n. a slang term for existing laws. ... n. a slang term for existing laws. federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection en banc :: (on bonk) French for "in the bench," it signifies ... he case and agreed to by the court. incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay age of consent :: n. See also: legal age majority ... n. See also: legal age majority holding :: 1) n. any ruling or decision of a court. 2) n. any ... 4) v. keeping in one's possession. hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error breach of the peace :: n. any act which disturbs the public or even one p ... g inappropriately. See also: breach immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse. impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. in rem :: adj. from Latin "against or about a thing," referr ... cular person. See also: in personam in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction zoning :: n. a system of developing a city or county plan in ... îâñêîé ãàðàíòèè . |