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Dictionary of Law |
Founded: 1949 trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo depose :: v. 1) to ask questions of a witness or a party to ... tion. See also: deponent deposition demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact evidence :: n. every type of proof legally presented at trial ... material object objection relevant documentary evidence :: n. any document (paper) which is presented and all ... evancy. See also: document evidence defense :: n. 1) a general term for the effort of an attorney ... tiff. See also: affirmative defense consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment retrial :: n. a new trial granted upon the motion of the losi ... al or reversed by an appeals court. roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence confidential communication :: n. certain written communications which can be kep ... privilege privileged communication federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection interim order :: n. a temporary order of the court pending a hearin ... erlocutory decree restraining order tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent best evidence rule :: n. the legal doctrine that an original piece of ev ... ence in a trial. See also: evidence after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax remainderman :: n. the person who will receive a remainder in real ... real property. See also: remainder consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder contingent remainder :: n. an interest, particularly in real estate proper ... contingent interest future interest codefendant :: n. when more than one person or entity is sued in ... party sued is called a codefendant. redeem :: v. to buy back, as when an owner who had mortgaged ... so: foreclosure mortgage redemption redemption :: n. the act of redeeming, buying back property by p ... ts of foreclosure. See also: redeem registry of deeds :: n. the records of land title documents kept by the ... mployee to locate. See also: record condemnation :: n. the legal process by which a governmental body ... eminent domain inverse condemnation rider :: n. 1) an attachment to a document which adds to or ... sic bill has support. 3) passenger. resident :: n. a person who lives in a particular place. Howev ... the occupation. See also: residence restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust condemnation action :: n. a lawsuit brought by a public agency to acquire ... e also: condemnation eminent domain respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal confidence game :: n. the obtaining of money from others through tric ... t and confidence. See also: swindle addendum :: n. an addition to a completed written document. Mo ... proposals or included fraudulently. adeem :: v. to revoke a gift made in a will by destroying, ... e of my death." See also: ademption confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary corpus delicti :: n. (corpus dee-lick-tie) Latin for the substantial ... gon, the body of the murder victim. residence :: n. 1) the place where one makes his/her home. Howe ... f incorporation. See also: resident de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure debtor :: n. 1) a person or entity that owes an amount of mo ... the "debtor." See also: bankruptcy debtor in possession :: n. in bankruptcy proceedings when a debtor has fil ... n possession." See also: bankruptcy debt :: n. 1) a sum of money due to another. 2) obligation ... mount owed. See also: common counts debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds. trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial deceased :: 1) adj. dead. 2) n. the person who has died, as us ... ore genteel word is the "decedent." decedent :: n. the person who has died, sometimes referred to ... the "deceased." See also: deceased decision :: n. judgment, decree or determination of findings o ... (court). See also: decree judgment Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax decide :: v. for a judge, arbitrator, court of appeals or ot ... rding to the law as he/she sees it. deception :: n. the act of misleading another through intention ... ent actions. See also: deceit fraud deceit :: n. dishonesty, fraudulent conduct, false statement ... . See also: fraud misrepresentation death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes. vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant Code of Professional Responsibility :: n. a set of rules governing the ethical conduct of ... de has been adopted by most states. quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation corroborating evidence :: n. evidence which strengthens, adds to, or confirm ... confirms already existing evidence. clear and convincing evidence :: n. evidence that proves a matter by the "preponder ... See also: beyond a reasonable doubt bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed. stockholders' derivative action :: n. See also: derivative action shareholders' deriv ... ion shareholders' derivative action suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence surrender :: v. 1) to turn over possession of real property, ei ... lf up to law enforcement officials. stockholder :: n. shareholder in a corporation. See also: shareho ... corporation. See also: shareholder stay away order :: n. a court order that a person may not come near a ... also: peace bond restraining order binder :: n. a written statement of the key terms of an agre ... rance coverage. See also: insurance bona fide :: adj. Latin for "good faith," it signifies honesty, ... t doubt on the right to hold title. stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow bill of attainder :: n. a legislative act which declares a named person ... e I, Section 9 of the Constitution. Twinkie defense :: n. a claim by a criminal defendant that at the tim ... rder. See also: diminished capacity tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer tide lands :: n. land between the high and low tides, which is u ... ch fronts on the sea at that point. trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade trust deed :: n. another name for a deed of trust, a form of mor ... paid back. See also: deed of trust trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade trader :: in U.S. income tax law, a person who deals in prop ... ultation with a C.P.A. or attorney. transfer in contemplation of death :: n. giving property under the belief of the giver t ... lso: gift in contemplation of death affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense trade :: 1) n. a business or occupation for profit, particu ... rade fixture trade secret trademark American Depository Receipt :: n. called in the banking trade an ADR, it is a rec ... ding the foreign shares themselves. tools of trade :: n. in bankruptcy law, the equipment a person requi ... pay creditors. See also: bankruptcy amended pleading :: n. a changed written pleading in a lawsuit, includ ... o: amend amended complaint demurrer turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence. amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer bona fide purchaser :: n. commonly called BFP in legal and banking circle ... See also: BFP holder in due course specific devise :: n. the gift in a will of a certain piece of real e ... ther, David." See also: devise will adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest. 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 certificate of deposit (CD) :: n. a document issued by a bank in return for a dep ... D before the pledged time runs out. cease and desist order :: n. an order of a court or government agency to a p ... ing which would damage the ecology. sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal. self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide self-dealing :: n. in the stock market, using secret "inside" info ... ederal Securities and Exchange Act. second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name ademption :: n. the act of adeeming, which is revoking (getting ... gift before death. See also: adeem civil code :: n. in many states, the name for the collection of ... negligence lawsuits and practices. security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent shareholder :: n. the owner of one or more shares of stock in a c ... : corporation shareholders' meeting shareholders' agreement :: n. an employment agreement among the shareholders ... re only three or four shareholders. sidebar :: n. 1) physically, an area in front of or next to t ... See also: approach the bench bench show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause simultaneous death act :: n. a statute in effect in most states which provid ... See also: descent and distribution slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer burden :: n. anything that results in a restrictive load upo ... perty to reach his home (easement). shareholders' meeting :: n. a meeting, usually annual, of all shareholders ... ctors corporation proxy shareholder under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration shareholders' derivative action :: n. a lawsuit by a corporation's shareholders, theo ... gement. See also: derivative action undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter code :: n. a collection of written laws gathered together, ... utes or laws. See also: law statute defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title. on demand :: adj. in a promissory note, a requirement that the ... demand note." See also: demand note notice of default :: n. a notice to a borrower with property as securit ... notice of default. See also: notice homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide holder in due course :: n. one holding a check or promissory note, receive ... note. See also: bona fide purchaser holder :: n. a general term for anyone in possession of prop ... older in due course promissory note offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement. panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction. Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract executive order :: n. a President's or Governor's declaration which h ... the Congress or state legislature. ex delicto :: (ex dee-lick-toe)adj. Latin for a reference to som ... ns which were civil wrongs (torts). exception in deed :: n. a notation in a deed of title to real property ... the transfer (conveyance) of title. pendente lite :: (pen-den-tay lee-tay) adj. Latin for awaiting the ... enforced until the lawsuit is over. pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant patent defect :: n. an obvious flaw in a product or a document (suc ... he property description in a deed). parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. payable on demand :: adj. a debt on a promissory note or bill of exchan ... e (party to whom the debt is owed). first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder final decree :: n. another name for a final judgment. In states wh ... together). See also: final judgment nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits judgment by default :: n. See also: default judgment ... n. See also: default judgment mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain judgment debtor :: n. the losing defendant in a lawsuit who owes the ... winner. See also: judgment creditor lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain last antecedent rule :: n. a doctrine of interpretation (construction) of ... o trucks and not boats or tractors. lineal descendant :: n. a person who is in direct line to an ancestor, ... See also: descent and distribution justifiable homicide :: n. a killing without evil or criminal intent, for ... me. See also: homicide self-defense juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. insider trading :: n. the use of confidential information about a bus ... o catch insiders. See also: insider moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant. indefeasible :: adj. cannot be altered or voided, usually in refer ... ce to an interest in real property. incidental beneficiary :: n. someone who obtains a benefit as the result of ... parent. See also: beneficiary trust murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder negative declaration :: n. a finding by a city council or other local gove ... so: EIR environmental impact report in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved. indemnity :: n. the act of making someone "whole" (give equal t ... or will occur. See also: indemnify indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. insanity defense :: n. the claim of a defendant in a criminal prosecut ... e also: insanity temporary insanity insider :: n. someone who has a position in a business or sto ... ange Act. See also: insider trading misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder independent contractor :: n. a person or business which performs services fo ... ue independence. See also: employee indeterminate sentence :: n. the prison term imposed after conviction for a ... w in the future. See also: sentence precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis predecease :: v. to die before someone else, as "if my brother, ... estate I give to his son, Eugene." defraud :: v. to use deceit, falsehoods or trickery to obtain ... longing to another. See also: fraud degree of kinship :: n. the level of relationship between two persons r ... there is no will. See also: descent 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 defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney delayed exchange :: n. an exchange of property to put off capital gain ... method and survived an IRS lawsuit. deliberate :: 1) adj. (dee-lib-er-et) done with care and intenti ... any group including a legislature. demand note :: n. a promissory note which is payable any time the ... allments. See also: promissory note demise :: 1) v. an old-fashioned expression meaning to lease ... r life. 3) n. death. 4) n. failure. demand :: 1) v. to claim as a need, requirement or entitleme ... pay is made. See also: demand note delivery :: n. the actual handing to another of an object, mon ... rties. See also: contract deed sale deliberation :: n. the act of considering, discussing and, hopeful ... ssions, voting and decision-making. delinquent :: 1) adj. not paid in full amount or on time. 2) n. ... the law as in juvenile delinquent. defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective defective :: adj. not being capable of fulfilling its function, ... t. See also: defect defective title decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources. dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action decree :: n. in general, synonymous with judgment. However, ... n's estate, etc. See also: judgment declaratory relief :: n. a judge's determination (called a "declaratory ... ter. See also: declaratory judgment declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief deduction :: n. an expenditure which an income tax payer may su ... dded together, reduce the tax owed. deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed defeasance :: n. an antiquated word for a document which termina ... d or contract if some event occurs. defect :: n. an imperfection, quite often so great that the ... See also: defective defective title default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance defalcation :: v. from Latin for "deduction," withholding or misa ... ailing to make a proper accounting. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial prudent man rule :: n. the requirement that a trustee, investment mana ... (1994). See also: fiduciary trustee dividend :: n. a portion of profit, usually based on the numbe ... . See also: corporation shareholder public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. direct evidence :: n. real, tangible or clear evidence of a fact, hap ... o: circumstantial evidence evidence devolution :: n. 1) the transfer of title to real property by th ... nment to another. See also: devolve devolve :: v. when property is automatically transferred from ... ory sovereign rights to run itself. driving under the influence (DUI) :: n. commonly called "drunk driving," it refers to o ... (DWI), drunk driving, or a "deuce". drop dead date :: n. a provision in a contract or a court order whic ... ng property or entering a judgment. preferred dividend :: n. a payment of a corporation's profits to holders ... of stock. See also: preferred stock equity of redemption :: n. the right of a mortgagor (person owing on a loa ... so: foreclosure mortgage redemption election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) dying declaration :: n. the statement of a mortally injured person who ... as no reason not to tell the truth. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. deuce :: n. slang term for a drunk driving conviction. The ... 502 of the California Vehicle Code. determinable :: adj. defining something which may be terminated up ... es or no longer lives in the house. depreciate :: v. in accounting, to reduce the value of an asset ... ittle value. See also: depreciation depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated). deportation :: n. the act of expelling a foreigner from a country ... s usually to the country of origin. deponent :: n. a person testifying (stating answers in respons ... sition. See also: depose deposition dependent :: 1) n. a person receiving support from another pers ... dent on the expert being available. depletion :: n. when a natural resource (particularly oil) is b ... nger be able to make money from it. depreciation reserve :: n. a business fund in which the probable replaceme ... s obsolete and totally depreciated. derelict :: n. something or someone who is abandoned, such as ... iety. See also: abandon dereliction descent and distribution :: n. the system of laws which determine who will inh ... nt inheritance intestate succession desertion :: n. the act of abandoning, particularly leaving one ... tody and other post-marital issues. descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession derivative action :: n. a lawsuit brought by a corporation shareholder ... on director shareholder stockholder dereliction :: n. 1) abandoning possession, which is sometimes us ... is building up). See also: derelict declaration :: n. 1) any statement made, particularly in writing. ... blic. See also: affidavit declarant collateral descendant :: n. a relative descended from a brother or sister o ... See also: descent and distribution wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent court trial :: ("non-jury trial"): a trial with a judge but no ju ... : a trial with a judge but no jury. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. brought to trial :: v. the act of actually beginning a trial, usually ... y or beginning opening statements). leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. jury stress :: n. a form of mental, emotional, psychological, phy ... do the right thing. See also: jury mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law material witness :: n. a person who apparently has information about t ... e. See also: material trial witness malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states. in absentia :: (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for ... tin Bormann, Hitler's closest aide. in limine :: (in lim-in-ay) from Latin for "at the threshold," ... otion. See also: motion to suppress incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire 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 devisee :: n. a person who receives a gift of real property b ... will. See also: beneficiary legatee motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion disorderly conduct :: n. 1) actions that disturb others. 2) minor crimin ... peace, and loud threats or parties. judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate disorderly house :: n. 1) polite term for house of prostitution. 2) pl ... tion. 2) place of illegal gambling. devise :: 1) v. an old-fashioned word for giving real proper ... so: bequest gift legacy remise will motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike plenary :: adj. full, complete, covering all matters, usually ... ring to an order, hearing or trial. plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. people :: n. the designation for the prosecuting government ... secutions, United States v. Miller. peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured. preliminary injunction :: n. a court order made in the early stages of a law ... ent injunction temporary injunction prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. declaration of trust :: n. the document signed by a trustor (settlor) crea ... also: settlor trust trustee trustor process :: n. in law, the legal means by which a person is re ... service of process subpena summons 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 procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth delegate :: 1) v. to assign authority to another. 2) n. a pers ... tuency, interest group or business. partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence desert :: v. to intentionally abandon a person or thing. ... tionally abandon a person or thing. impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime. multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. deliver :: v. to actually hand an object, money or document t ... ject, money or document to another. oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. deleterious :: adj. harmful. ... adj. harmful. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel. motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. legal tender :: n. all money issued by the government. ... all money issued by the government. cartel :: n. 1) an arrangement among supposedly independent ... Colombia. See also: antitrust laws capricious :: adv., adj. unpredictable and subject to whim, ofte ... a judge is inconsistent or erratic. bifurcation :: n. the act of a judge in dividing issues before a ... on the other issue. (See bifurcate Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. stock in trade :: n. the inventory of merchandise held for sale. ... ntory of merchandise held for sale. pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. 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 abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law compromise :: 1) n. an agreement between opposing parties to set ... some demands. See also: settlement comment :: n. a statement made by a judge or an attorney duri ... e rung, cannot be unrung," applies. commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places. competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will compound question :: n. the combination of more than one question into ... rate questions. See also: objection bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts. appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict act :: 1) n. in general, any action by a person. 2) n. a ... ct on your motion for a new trial." adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract vendee :: n. a buyer, particularly of real property. ... yer, particularly of real property. appellant :: n. the party who appeals a trial court decision he ... e/she/it has lost. See also: appeal appellee :: n. in some jurisdictions the name used for the par ... ndent." See also: appeal respondent bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc." bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration articles of impeachment :: n. the charges brought (filed) to impeach a public ... y the Senate. See also: impeachment attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement 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. expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed 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. expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness forensic :: 1) adj. from Latin forensis for "belonging to the ... in legal matters, including trials. indecent exposure :: n. the crime of displaying one's genitalia to one ... d give the exposer a sexual charge. hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand court of appeals :: n. any court (state or federal) which hears appeal ... eals courts. See also: appeal court judgment debt :: n. the amount of money in a judgment award to the ... ee also: judgment judgment creditor criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence criminal justice :: n. a generic term for the procedure by which crimi ... endered and punishment carried out. cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. corroborate :: v. to confirm and sometimes add substantiating (re ... l. See also: corroborating evidence continuance :: n. a postponement of a date of a trial, hearing or ... continuances to discourage delays. continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection jurisprudence :: n. the entire subject of law, the study of law and ... e study of law and legal questions. conviction :: n. the result of a criminal trial in which the def ... t has been found guilty of a crime. diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation indemnify :: v. to guarantee against any loss which another mig ... r harmless. See also: hold harmless DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission. district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance. dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department. special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery sequestration :: n. the act of a judge issuing an order that a jury ... during trial). See also: sequester 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 remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. pretrial discovery :: n. See also: discovery ... n. See also: discovery zoning :: n. a system of developing a city or county plan in ... îâñêîé ãàðàíòèè . |